Agenda packet, first session — Santa Barbara City Council, February 7, 2023

CITY OF SANTA BARBARA

CITY COUNCIL
Randy Rowse
Mayor
Rebecca Bjork
City Administrator
Alejandra Gutierrez
Mayor Pro Tempore
Oscar Gutierrez
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Eric Friedman
Finance Committee Chair
Meagan Harmon
Mike Jordan
Kristen W. Sneddon
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
FEBRUARY 7, 2023, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.

Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 p.m. 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.

REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. The keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.

HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
• Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_6qBzhd1OQ_iNFgvfSw-R0Q (Participation via Zoom)
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 859 7587 0615 (press *9 to raise/lower hand; press *6 to mute/unmute) • Online Streaming: Council meetings are streamed live at www.SantaBarbaraCA.gov/CAP • TV: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 8:00 a.m., and in Spanish on Sundays at 3:00 p.m.

Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings.

WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.

ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:30 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chambers at City Hall. (CONTINUED ON NEXT PAGE)
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.

CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.

SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.

INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.

AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 02/07/2023 Santa Barbara City Council Final Agenda Page 1 FEBRUARY 7, 2023 AGENDA
REGULAR CITY COUNCIL MEETING – 2:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL ITEMS

1. Subject: Employee Recognition – Service Award Pins
Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through February 28, 2023.

2. Subject: Black History Month February 2023 (120.04)

CHANGES TO THE AGENDA

PUBLIC COMMENT

CONSENT CALENDAR

3. Subject: Water Efficient Landscape Standards Ordinance Adoption [Ordinance Adoption] (540.05)
Recommendation: That City Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Repealing Chapter 22.80 and Amending Sections 14.23.005, 28.80.150, and 30.185.440 of the Santa Barbara Municipal Code Relating to Water Efficient Landscape Standards.

4. Subject: Second Amendment to the Solar Photovoltaic Power Purchase Agreement at the Granada Garage [Ordinance Adoption; Agreement] (630.06)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Sustainability and Resilience Director to Execute a Second Amendment to the Power Purchase Agreement with SB Granada Garage Solar LLC to Increase the Energy Purchase Rates for the Renewable Energy System at the Granada Garage. 02/07/2023 Santa Barbara City Council Final Agenda Page 2

5. Subject: Establish Low-Income Homeowner Rehabilitation Pilot Program for City Residents through Habitat for Humanity with $50,000 Allocation from Inclusionary Housing Reserve Funds [Resolution; Agreement] (660.01) Recommendation: That Council:

A. Approve the establishment of a new Low-Income Homeowner Rehabilitation Pilot Program by providing up to $50,000 in grant funding to Habitat for Humanity of Southern Santa Barbara County to operate the program, and authorize the Community Development Director to execute such agreements and related documents, subject to approval as to form by the City Attorney, as necessary; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase in Fiscal Year 2023 Expenditure Appropriations in the General Fund in the Amount of $50,000 Funded by General Fund Inclusionary Housing Reserve Funds to Fund the Habitat for Humanity Homeowner Rehabilitation Program.

6. Subject: Authorization to Amend the Legal Services Agreement with Colantuono, Highsmith & Whatley, PC for Special Counsel Services [Agreement] (160.03)
Recommendation: That Council authorize the City Attorney to execute an amended legal services agreement with Colantuono, Highsmith & Whatley, PC, to increase the not-to-exceed amount from $100,000 to $250,000 for special counsel services related to the Boring case.

7. Subject: Professional Services Agreement with SummitWest Environmental Inc. for Biological Services Associated with the Hazardous Fuels Mitigation Project [Agreement] (570.05)
Recommendation: That Council authorize the Parks and Recreation Director to execute a Professional Services agreement with SummitWest Environmental Inc. in the amount of $95,927 to complete biological services associated with Phase 1 of the Hazardous Fuels Mitigation Project.
02/07/2023 Santa Barbara City Council Final Agenda Page 3

8. Subject: New City Administrator Employment Agreement [Agreement] (170.01)
Recommendation: That Council approve and authorize the Mayor to execute a new employment agreement between the City of Santa Barbara and Rebecca Bjork, to adjust base salary in Agreement No. 28,031, and amend the method for future salary adjustment percentage to be ½ (one half), but no more than 5% annually, of any increase to the Consumer Price Index (CPI) during the preceding June through May twelve month period.

This concludes the Consent Calendar.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

9. Subject: Water Supply Update and Annual Water Supply Management Report (540.08)
Recommendation: That Council:

A. Receive an update on the Three-Year Water Supply Strategy; and B. Approve and adopt the City of Santa Barbara Water Supply Management Report for the 2022 Water Year, finding that the groundwater resources are in long-term balance in accordance with the conjunctive management element of the City’s Enhanced Urban Water Management Plan.

QUASI JUDICIAL HEARING RULES APPLY TO THE FOLLOWING AGENDA ITEM

PUBLIC HEARINGS

10. Subject: Appeals of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way (640.07)
Recommendation: That Council:

A. Consider the appeals of Mahesh Balakrishnan and Jill Ryan of the Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way and the determination that the project is exempt from further environmental review under California Environmental Quality Act Guidelines Section 15303 (New Construction or Conversion of Small Structures); and
B. Direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal hearing.
02/07/2023 Santa Barbara City Council Final Agenda Page 4

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: February 07, 2023
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Employee Recognition – Service Award Pins
RECOMMENDATION:

That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through February 28, 2023.

DISCUSSION:

The City appreciates the loyalty to the community and the dedication to public service that are demonstrated by City employees throughout the organization every day. Since 1980, the City Employees’ Recognition Program has recognized length of City Service. Service award pins are presented to employees for every five years of service. Those employees achieving 25 years of service or more are eligible to receive their pins in front of the City Council.

Attached is a list of those employees who will be awarded pins for their service through February 28, 2023.

ATTACHMENT(S): February 2023 Service Awards
PREPARED BY: Talhia Dorado, Administrative Specialist
SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office
Agenda Item No. 1

ATTACHMENT
February 2023 SERVICE AWARDS
February 07, 2023 Council Meeting
5 Years
Lucas Signorelli, Police Officer, Police Department
10 YEARS
Margarita Moreno, Police Records Manager, Police Department Ernestina Valle, Assistant Parking Coordinator, Public Works Department Lisa Gonzalez, Senior Librarian, Library Department
15 YEARS
Craig Burleigh, Police Officer, Police Department
25 YEARS
Martin Alexander, Senior Network Applications Analyst, Police Department Agenda Item No. 2
File Code No. 120.04
1 ORDINANCE NO. ______

AN ORDINANCE OF THE COUNCIL OF THE CITY
OF SANTA BARBARA REPEALING CHAPTER 22.80
AND AMENDING SECTIONS 14.23.005, 28.80.150,
AND 30.185.440 OF THE SANTA BARBARA

MUNICIPAL CODE RELATING TO WATER

EFFICIENT LANDSCAPE STANDARDS

THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 22.80 of the Santa Barbara Municipal Code is repealed.

SECTION 2. Section 14.23.00 Chapter 14.23, which chapter shall be titled Water Efficient Landscaping and Recycled Water Use, of the Santa Barbara Municipal Code is amended to read as follows:

14.23.005 Water Efficient Landscape Standards.

A. The California State Legislature has found that the limited supply of state waters are subject to ever increasing demands; that California’s economic prosperity depends on adequate supplies of water; that state policy promotes conservation and efficient use of water; that landscapes provide recreation areas, clean the air and water, prevent erosion, offer fire protection, and replace ecosystems displaced by development; and that landscape design, installation, and maintenance can and should be water efficient.

Consistent with the legislative findings, the purpose of this section is to promote the values and benefits of landscapes while recognizing the need to use water and other resources as efficiently as possible; to establish a structure for designing, installing, and maintaining water efficient landscapes, and to establish provisions for water management practices and water waste prevention.

B. A landscape plan that complies with the City’s Water Efficient Landscape Standards, as adopted by resolution of the City Council, must be submitted by the project applicant and approved by the City before commencement of construction of a development or redevelopment project that requires a landscape plan under any provision of the Santa Barbara Municipal Code other than this section, or when a building permit or design review approval is required for the following projects:
(1) Construction of a new building that exceeds 500 square feet; (2) Substantial redevelopment of a building, as described in Section 30.140.200 of this Code, that exceeds 500 square feet;
(3) Addition of more than 500 square feet of floor area to an existing building; (4) Projects where a landscape plan is required by any City design review or land use review body, including but not limited to, the Architectural Board of Review, Historic Landmarks Commission, Single Family Design Board, Staff Hearing Officer, or the Planning Commission.

C. Compliance with subdivision B of this section is required as a condition of City water service to a parcel. The City will not provide water service or provide evidence of Agenda Item No. 3
File Code No. 540.05
2 a ability or commitment to provide water service for a parcel located outside of the City’s jurisdictional limits unless the owner of the parcel agrees submits an agreement to comply with the requirements of this section in a form satisfactory to the Public Works Director.

SECTION 3. Section 28.80.150 of the Santa Barbara Municipal Code is amended to read as follows:

28.80.150 Landscaping.

A complete landscaping and irrigation plan shall be submitted to and approved by the Community Development Department prior to the issuance of building permits for a twounit residential development. All landscape plans shall comply with the following:

A. Water conservation standards for landscaping in Section 14.23.005 of this Code.

B. Defensible space requirements pursuant to Section 4907 of the International Fire Code and California Fire Code as amended by Section 8.04.020 R. of this Code, when required in the High Fire Hazard Area.

C. The limitations for vegetation removal in the Hillside Design District, pursuant to Chapter 22.10 of this Code.

SECTION 4. Subdivision O of Section 30.185.440 of the Santa Barbara Municipal Code is amended to read as follows:

30.185.440 Two-Unit Residential Development.

O. Landscape Plans. A complete landscaping and irrigation plan shall be submitted to and approved by the Community Development Department prior to the issuance of building permits for a two-unit residential development. All landscape plans shall comply with the following:

1. City’s water conservation standards in adopted under Section 14.23.005 of this Code.

2. Defensible space requirements pursuant to Section 4907 of the International Fire Code and California Fire Code as amended by Section 8.04.020 R. of this Code, when required in the High Fire Hazard Area.

3. The limitations for vegetation removal in the Hillside Design District, pursuant to Chapter 22.10 of this Code.

ORDINANCE NO.______________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA APPROVING AND AUTHORIZING THE

SUSTAINABILITY AND RESILIENCE DIRECTOR TO

EXECUTE A SECOND AMENDMENT TO THE POWER

PURCHASE AGREEMENT WITH SB GRANADA GARAGE

SOLAR LLC TO INCREASE THE ENERGY PURCHASE

RATES FOR THE RENEWABLE ENERGY SYSTEM AT THE
GRANADA GARAGE.

THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

SECTION 1. In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, a Second Amendment to the power purchase agreement between the City and SB Granada Garage Solar LLC dated December 17, 2019, which amendment is on file in the Sustainability and Resilience Departement, is approved and the Sustainability and Resilience Director is authorized to execute the amendment, in a form approved by the City Attorney, on behalf of the City of Santa Barbara Agenda Item No. 4
File Code No. 630.06

22.85.030 Installation of Erosion and Sediment Control Measures.

It shall be unlawful for any person to perform any grading or for any property owner to allow anyone to perform any grading on any lot within the City without installing or implementing the required erosion and sediment control measures in accordance with the approved erosion and sediment control plan.

22.85.040 Maintenance of Erosion and Sediment Control Measures.

It shall be unlawful for any person to perform any grading or for any property owner to allow anyone to perform any grading on any lot within the City without maintaining the required erosion and sediment control measures in accordance with the approved erosion and sediment control plan. No person shall be deemed to have satisfied the requirements of an approved erosion and sediment control plan until a final inspection of the work has been approved.

22.85.050 Additional Erosion and Sediment Control Measures.

The Building Official may require additional erosion and sediment control measures to be installed or implemented if an inspection of the lot demonstrates that the erosion and sediment control measures shown on the approved erosion and sediment control plan are insufficient to prevent sediment or other materials from leaving the lot or the construction activities occurring on the lot differ from those indicated on the approved erosion and sediment control plan. Any additional erosion and sediment control measures required by the Building Official shall be incorporated into the approved erosion and sediment control plan.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: February 7, 2023
TO: Mayor and Councilmembers
FROM: Housing and Human Services Division, Community Development SUBJECT: Establish Low-Income Homeowner Rehabilitation Pilot Program for City Residents through Habitat for Humanity with $50,000 Allocation from Inclusionary Housing Reserve Funds [Resolution; Agreement] RECOMMENDATION: That Council:

A. Approve the establishment of a new Low-Income Homeowner Rehabilitation Pilot Program by providing up to $50,000 in grant funding to Habitat for Humanity of Southern Santa Barbara County to operate the program, and authorize the Community Development Director to execute such agreements and related documents, subject to approval as to form by the City Attorney, as necessary; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase in Fiscal Year 2023 Expenditure Appropriations in the General Fund in the Amount of $50,000 Funded by General Fund Inclusionary Housing Reserve Funds to Fund the Habitat for Humanity Homeowner Rehabilitation Program.

DISCUSSION:

Background
Established in 2000, Habitat for Humanity of Southern Santa Barbara County (Habitat) is a local nonprofit committed to building strength, stability, and self-reliance through shelter.

Habitat partners with low-income individuals and families in Southern Santa Barbara County to build or improve a place to call home. Homeowners build alongside volunteers and purchase their home, paying an affordable mortgage. Habitat has built 22 new homes for 84 people (half of whom are children) and led efforts to rebuild and repair 180 homes across Santa Barbara’s south county. Habitat has also contributed to more than 430 new homes constructed internationally. Habitat is an equal housing agency.

Agenda Item No. 5
File Code No. 660.01
Council Agenda Report
Establish Low-Income Homeowner Rehabilitation Pilot Program for City Residents through Habitat for Humanity with $50,000 Allocation from Inclusionary Housing Reserve Funds [Resolution; Agreement]
February 7, 2023

Page 2 ends

Proposal
Habitat’s Neighborhood Revitalization Homeowner Rehabilitation Program (Program) assists low-income individuals, families, and seniors with necessary home repairs, accessibility modifications, and aging-in-place adaptations to remain safely in their homes. Home repairs are confirmed for applicants who own their home, earn an income below 80 percent of the area median income (AMI), live within city limits, and demonstrate urgent need based on other criteria.

Funding Request
Habitat is requesting grant funding from the City of Santa Barbara (City) totaling up to $50,000 to operate a pilot program that will help low-income owners living in the City make needed repairs on their residences. Habitat staff will manage the pilot program from the initial application solicitations, through application submissions, evaluations, and qualifications. Habitat will work directly with homeowners, contractors, and subcontractors to develop the necessary scope of work, obtain any required permits, and oversee the construction process to successful completion. This work will include payment of funds to contractors and subcontractors for completed work. No funding will be paid directly to homeowners.

Program Need
Investment in the Program is beneficial for several reasons:
 A one-time investment in a home repair can greatly extend the life of the home and is far more cost-effective than new construction. The average cost of a home repair is approximately $5,000 while new construction costs can be as high as $500/square foot (ref: SIMA Corp).
 It is critical that Santa Barbara retains its current affordable housing stock through rehabilitations that ensure decent and sustainable housing.  Safe, decent, and affordable housing creates an environment of safety and security for all residents.
 The vast majority of government funding targets rental housing exclusively. While this is important, Santa Barbara has a vast array of affordable housing needs, including low- and very low-income households who own their home but have scarce resources for needed repairs.

Program Statistics
Habitat Program data captured since the beginning of the COVID pandemic in 2020 indicates as follows:
 Habitat’s home repair clients are 78 years old, on average.  Seventy percent of households served include homeowners who have a disability.

Council Agenda Report
Establish Low-Income Homeowner Rehabilitation Pilot Program for City Residents through Habitat for Humanity with $50,000 Allocation from Inclusionary Housing Reserve Funds [Resolution; Agreement]
February 7, 2023

Page 3 ends

 Average annual income of homeowner repair clients is below $30,000 annually.  All homeowners served are at or below 80 percent of the AMI for Santa Barbara County.

Conclusion
Staff supports Habitat’s request to establish and operate a pilot program to assist lowincome homeowners with needed home repairs. Attending to repair and rehabilitation needs will ensure preservation of housing, enabling low-income households to remain in their homes.

This effort will also contribute to the City’s goals as outlined in the City’s General Plan Housing Element, Housing Opportunities Policy, Section H2, which states: “Promote equal housing opportunities for all segments of the community, with special emphasis given to extremely low, very low, low, moderate, middle income and special needs households.” Looking forward, this new program will address the City’s updated 2023 Housing Element Goal 5 – Preserve Housing Policy 5.1, which states: “Encourage the maintenance and repair of existing owner-occupied housing to prevent deterioration and assist property owners that can demonstrate financial need in upgrading substandard units.”
Habitat has operated the same Program for the County of Santa Barbara for the past year and has an excellent record of providing successful rehabilitation projects that address the needs of several households in the community. By offering a one-year pilot program, the City can assess its success before committing to support an ongoing program.

On January 24, 2023, the Finance Committee voted unanimously to recommend that City Council approve the $50,000 pilot program in order to provide low-income households residing in the City with the resources needed to repair and preserve their housing.

BUDGET/FINANCIAL INFORMATION:

There are sufficient funds available in the General Fund Inclusionary Housing Reserve to fully fund the proposed $50,000 pilot program. The Inclusionary Housing Reserve has approximately $717,000 in available reserve funds. If the proposed $50,000 grant is approved, the Inclusionary Housing Reserve will be left with approximately $667,000 in available reserve funds. Any funds that are not used during the initial pilot program will remain in the Inclusionary Housing Reserve. If the pilot program is deemed successful and Council supports continued funding, the unexpended funds will be used to fund the next program year.

Page 4 ends

ATTACHMENTS: 1. Habitat’s Request Letter

2. Habitat’s Home Repair Program Selection Policy and Operating Manual
PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
Contact: Jessica Wishan, CEO Habitat for Humanity of Southern Santa Barbara County - [email protected] or (805) 453-9648 City of Santa Barbara Request for Funding for Homeowner Rehabilitation Program Submitted by: Jessica de L’Arbre, December 16, 2022
About Habitat Santa Barbara:

Established in 2000, Habitat for Humanity of Southern Santa Barbara County is a local nonprofit committed to building strength, stability and self-reliance through shelter. We partner with low-income individuals and families in Southern Santa Barbara County to build or improve a place to call home. Homeowners build alongside volunteers and purchase their home, paying an affordable mortgage. Habitat for Humanity of Southern Santa Barbara County has built 22 new homes for 84 people, 50% of which are children, led efforts to rebuild and repair 180 homes across Santa Barbara’s south county, and contributed to 430+ new homes constructed internationally. Habitat Santa Barbara is an equal housing agency.

About Neighborhood Revitalization & Home Repair Program:

Habitat for Humanity’s Neighborhood Revitalization Homeowner Rehabilitation Programs assist low-income individuals, families and seniors with necessary home repairs, accessibility modifications and aging-in-place adaptations to remain safely in their homes. Home repairs are confirmed for applicants who own their home, are income verified below 80% AMI, and demonstrate an urgent need among other selection criteria.

Under the Neighborhood Revitalization program, we operate the A Brush with Kindness program which provides external home repairs which may include stair repairs, wheelchair ramps, clearing pathways, etc. and the Critical Home Repair program which provides larger interior kitchen and bathroom accessibility modifications, roof replacement, partial or whole-home repairs in critical need safety areas.

We leverage all grants with donated volunteer labor, in-kind donations of appliances and building materials and in-kind donations of professional labor. A typical home repair will include a few of these home repair examples, depending upon the needs of the home and the age and ability of the household.

All home repair recipients complete an eligibility screening and extensive application process that includes income verifications and homeowner status at minimum. Home repairs are a grant to the homeowner, not a loan. There is no repayment back to Habitat and the program grant is currently in compliance with CDBG funds from the county already in-place for other areas of Santa Barbara. The homes we support are not deed restricted but rather are naturally affordable and we aim to preserve them as such.

The importance of the Habitat Santa Barbara Home Repair Program:

A one-time investment in a home repair can often last a lifetime – and is far more cost-efficient than new construction. The average cost of a home repair may range from $5,000 to $25,000 while new construction costs can be as high as $500/sq foot (ref: SIMA Corp).

Our community must maintain the naturally affordable housing we already have – otherwise a sale of that home is lost as affordable to the community’s housing continuum (homes without an affordability covenant).

Exacerbated by the pandemic, home is a form of health care and a route to stability – as a community, we must ensure that safe, decent, and affordable housing can create an environment of safety and security for all.

ATTACHMENT 1
Contact: Jessica Wishan, CEO Habitat for Humanity of Southern Santa Barbara County - [email protected] or (805) 453-9648 A vast majority of available government funding is available exclusively to rental housing. While this is important, our Santa Barbara community has a vast array of affordable housing needs, including low and very low income homeownership households who may own their home but have essentially no resources.

Program Data (Captured since beginning of Pandemic in 2020):

Since the start of the pandemic, the average of a home repair client is 78 years old. 70% of households served since the pandemic include homeowners who have a disability Average annual income of homeowner repair clients is below $30,000 annually.

All homeowners served are at or below 80% of the Area Median Income (AMI) for Santa Barbara County.

Leverage / Strength of Habitat Home Repair Model:

Donated Services - Many times, professional construction/trade services are donated or given at a discount, and our volunteer model is implemented wherever appropriate. Support of households is managed by trained leadership volunteers via a Family Services Committee.

Donated Materials - Community members donate construction materials in-kind (ex: flooring, heaters, and more!).

Sweat Equity - Homeowners and their families contribute “sweat equity” as a part of our self-sufficiency model.

Government funding is leveraged with private monetary donations, strengthening the program outcomes.

Program Benefits of PRESERVING affordable homeownership:

Preservation of naturally affordable housing stock
Aging in Place and health and safety improvements.

Accessibility Modifications
Addressing issues that are out of compliance with local building codes.

Program complies with fair and equal housing and addresses a critical, unmet community need.

Homelessness prevention
Examples of past home repairs completed:

Widening doorways to support aging in place.

Bathroom remodels to accommodate for accessibility needs.

Fixing / replacing a heater for individuals with health conditions.

Installation of ADA ramps for home entries.

Roof repairs and replacements.

Repairing plumbing issues where running water previously did not exist.

Repairing holes in flooring.

Addressing infestation issues.

Tree trimming and brush removal in dangerous circumstances and/or high-risk to fire neighborhoods.

City of Santa Barbara Funding Request:

Habitat for Humanity of Southern Santa Barbara County respectfully requests $50,000 from the City of Santa Barbara to support an initial start-up, pilot program in support of Neighborhood Revitalization, Home Repairs & Housing Preservation. Depending upon the needs and scope of the work, projects can range from $2,000 - $25,000 to complete work at each household which includes permits, qualifying applicants, project management, professional labor and building materials at minimum. These home repairs will be limited to within the City of Santa Barbara and all repairs will benefit individuals/families with a total annual income below 80% AMI. We anticipate being able to Contact: Jessica Wishan, CEO Habitat for Humanity of Southern Santa Barbara County - [email protected] or (805) 453-9648 repair 3 homes for local, low-income residents with the possibility of a maximum of 6 households served with this initial funding.

In addition to providing safe housing for households in need of repairs to their home, this program’s outcomes may include aging-in-place solutions, fall prevention, housing stability, retaining affordable housing and maintaining a healthy place to live. The broader community impact is homelessness prevention, fall prevention for seniors, community revitalization through blighted homes repaired, building code improvements, the maintenance of our local affordable housing stock and a decrease in expensive emergency community services. Improved exteriors also add to healthier, safer and more walkable neighborhoods as a whole.

Habitat Santa Barbara is the recipient of funding from the County of Santa Barbara for a CDBG program, and other Habitat affiliates across California partner with cities to successfully implement these programs. Our local organization has more than a decade of experience in operating its home repair and neighborhood revitalization program locally.

Habitat continues to focus on housing as the foundation for health, wellness, and education. We anticipate the need for home repairs to not just continue but to grow as a result of the challenges created by the COVID-19 pandemic.

City of Santa Barbara 2021 Home Repair Success Story:

Barbara, a homeowner partner of Habitat Santa Barbara, is 87 and owns a home in the Hidden Valley neighborhood, but as her physical mobility deteriorated, she couldn’t afford to make the accommodations that would allow her to stay there safely and with self-sufficiency.

Barbara uses a walker to get around her house. Her severe arthritis makes it hard to move and to drive. She had an urgent surgery coming up, and bathing in a renovated bathroom was essential for her recovery. That’s when her daughter, Kim, reached out to Habitat Santa Barbara. “As a homeowner, you’re usually excluded from so many housing resources,” Kim told Habitat Santa Barbara. “But my mom is low-income. When we saw that Habitat for Humanity might be a resource for her as a homeowner on a small, fixed income, we thought it could be our only hope to keep Mom in her home.”
A crew skilled at plumbing replaced the bathtub with a walk-in shower, changed built-in fixtures that blocked Barbara’s walker, and installed a new toilet that was easier to use and reduced the risk of falls. Her adult children agreed to paint the walls and complete the finishings in the bathroom –the kind of work the nonprofit refers to as “sweat equity.” When the repair was completed, Barbara had a completely remodeled bathroom that improved her self-sufficiency, housing stability and safety.

Contact: Jessica Wishan, CEO Habitat for Humanity of Southern Santa Barbara County - [email protected] or (805) 453-9648 2022 Project Needs for a home in the City of Santa Barbara:

ATTACHMENT 2

1 RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO
APPROVE AN INCREASE IN FISCAL YEAR 2023

EXPENDITURE APPROPRIATIONS IN THE GENERAL
FUND IN THE AMOUNT OF $50,000 FROM AVAILABLE

INCLUSIONARY HOUSING RESERVE FUNDS TO FUND

THE HABITAT FOR HUMANITY HOMEOWNER

REHABILITATION PILOT PROGRAM
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; and WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022; and
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:

In accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as adopted by Resolution No. 22-059, is hereby amended as follows:

1. City Council approves of appropriating available inclusionary housing reserve funds that exist in the General Fund budget in Fiscal Year 2023 in the amount of $50,000 in order to fund a low-income homeowner rehabilitation pilot program for City residents through Habitat for Humanity of Southern Santa Barbara County.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: February 7, 2023
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
SUBJECT: Authorization to Amend the Legal Services with Colantuono, Highsmith & Whatley, PC for Special Counsel Services [Agreement]
RECOMMENDATION:

That Council authorize the City Attorney to execute an amended legal services agreement with Colantuono, Highsmith & Whatley, PC, to increase the not-to-exceed amount from $100,000 to $250,000 for special counsel services related to the Boring case.

DISCUSSION:

The staffing needs associated with defending the case of Boring v. Murrillo, et al. exceed the current capacity of the City Attorney’s Office.

The staff from the City Attorney’s Office will provide legal guidance for the Colantuono firm. Risk Management staff will handle the contract administration and financial oversight. The City Attorney’s Office and the Risk Management team routinely collaborate to effectively defend the City in similar types of legal matters.

BUDGETARY IMPACTS:

The cost for legal support and related costs for this case will be paid from the SelfInsurance Fund (SIF) using the existing expenditure appropriations established in Fiscal Year 2023. The SIF maintains adequate funding to cover the expected costs anticipated under this contract for services. Staff will monitor expenditure appropriations and actual expenses throughout the fiscal year and may propose additional expenditure appropriation using SIF available reserves as necessary.

SUBMITTED BY: Sarah J. Knecht, City Attorney
APPROVED BY: Sarah J. Knecht, City Attorney
APPROVED BY: City Administrator's Office
Agenda Item No. 6
File Code No. 160.03

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: February 7, 2023
TO: Mayor and Councilmembers
FROM: Administration Division, Parks and Recreation Department SUBJECT: Professional Services Agreement with SummitWest Environmental Inc. for Biological Services Associated with the Hazardous Fuels Mitigation Project [Agreement]
RECOMMENDATION:

That Council authorize the Parks and Recreation Director to execute a Professional Services agreement with SummitWest Environmental Inc. in the amount of $95,927 to complete biological services associated with Phase 1 of the Hazardous Fuels Mitigation Project.

DISCUSSION:

Project Background
The Fire Department and the Parks and Recreation Department are developing a hazardous fuels mitigation project (Project) for seven open space parks: Parma Park, Honda Valley Park, Elings Park, Hale Park, Franceschi Park, Stevens Park, and the Douglas Family Preserve. The primary goal of the Project is to implement a comprehensive and sustainable approach to reducing hazardous vegetation in open space parks located within High Fire Hazard Areas of the City, in accordance with the objectives stated in the City’s 2021 Community Wildfire Protection Plan (CWPP).

The Project will support vegetation management activities in open space parks. The work products created by this contract comprise the bulk of Phase 1 of this Project, which is to develop planning documents. SummitWest Environmental Inc. (SummitWest) will develop detailed biological resource assessment reports (BRAs). Each report will contain park specific literature reviews, vegetation mapping, habitat suitability assessments, and rare plant surveys. The planning documents will establish the baseline for existing biological resources, approaches to addressing fuels management objectives, and provide guidance for native habitat restoration consistent with wildland fire management objectives.

Agenda Item No. 7
File Code No. 570.05
Council Agenda Report
Professional Services Agreement with SummitWest Environmental Inc. for Biological Services Associated with the Hazardous Fuels Mitigation Project [Agreement] February 7, 2023

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The vegetation management methods used in Phase 2 (implementation) of the Project will be determined based on the results of Phase 1, detailed in each BRA. The biological services associated with Phase 1 of the Project are consistent with the City’s CWPP and will demonstrate the City’s commitment to a fire-safe community. The professional services agreement with SummitWest will complete Phase 1 of the Project.

Scope of Professional Services
SummitWest shall produce individual BRAs and conduct all associated fieldwork for the following seven open space parks: Parma Park, Honda Valley Park, Elings Park, Hale Park, Franceschi Park, Stevens Park, and the Douglas Family Preserve. The BRAs shall include but are not limited to a literature review, vegetation mapping, habitat suitability assessment, rare plant surveys, recommended avoidance and minimization measures, and, if applicable, special status species submissions to the California Natural Diversity Database (CNDDB). SummitWest shall also deliver a GIS data package associated with survey results.

Consultant Selection
The Parks and Recreation Department published a request for proposal (RFP) for a Biological Resources Assessment Report for seven park properties. Six firms submitted responses. The Fire Department and Parks and Recreation Department reviewed and scored the proposals. Staff recommend SummitWest as the most qualified company due to the firm’s understanding of the Project scope, and extensive experience with similar hazardous fuel management assessments.

BUDGET/FINANCIAL INFORMATION:

There are sufficient expenditure appropriations in the Adopted Fire Department Fiscal Year 2023 Capital Outlay Fund to fund the contract with SummitWest in the amount of $95,927. The contract amount will be entirely funded by a $525,000 Coastal Conservancy grant for fuel management. The remaining grant funds will be used for Project implementation (Phase 2).

SUSTAINABILITY IMPACT:

This Project will reduce fire risk while avoiding disruption of the natural ecosystem, making the City of Santa Barbara a more fire-wise and resilient community. The Project vision and approach is long term. This Project will support a comprehensive and sustainable approach to hazardous fuels management, and inform work plans within City open space parks.

A copy of the agreement may be requested from the Parks and Recreation Department for public review. Please contact Monique O’Conner at [email protected].

Council Agenda Report
Professional Services Agreement with SummitWest Environmental Inc. for Biological Services Associated with the Hazardous Fuels Mitigation Project [Agreement] February 7, 2023

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PREPARED BY: Monique O’Conner, Associate Park Planner
SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: February 7, 2023
TO: Mayor and Councilmembers
FROM: Wendy Levy, Human Resources Director
SUBJECT: New City Administrator Employment Agreement [Agreement] RECOMMENDATION:

That Council approve and authorize the Mayor to execute a new employment agreement between the City of Santa Barbara and Rebecca Bjork, to adjust base salary in Agreement No. 28,031, and amend the method for future salary adjustment percentage to be ½ (one half), but no more than 5% annually, of any increase to the Consumer Price Index (CPI) during the preceding June through May twelve month period.

DISCUSSION:

City Council must approve any new employment agreement or amendment to an existing employment agreement for the appointed position of City Administrator. The recommended agreement (Attachment) is a new agreement, rather than an amended agreement, to ensure transparency. The public can easily see all existing terms in the new agreement rather than only changes noted in an amendment.

Existing Employment Agreement No. 28,031, Section 3, Subsection B outlines current practice for changes to compensation:
“Employee's compensation, as provided herein, shall be reviewed annually and may, from time to time, be increased based on Employee's satisfactory performance, as solely determined by the City Council. Such increases will be established by ordinance. Any increases so approved shall inure to Employee without amendment of this Agreement.” In the new agreement, the above language is removed and replaced with the following:
“Commencing on the first day of the pay period which includes July 1, 2024, and on the first day of the pay period which includes July 1 of each year thereafter, Employee’s base salary shall be automatically adjusted without further Council action by a percentage amount equal to ½ of any increase to the Consumer Price Index (CPI) during the preceding June through May twelve month period. The CPI used shall be the California Consumer Price index for Urban Wage Earners and Clerical Workers as calculated by the California Department of Industrial Relations. CPI adjustments shall be capped at 5% annually.”
Agenda Item No. 8
File Code No. 170.01
Council Agenda Report
New City Administrator Employment Agreement [Agreement] February 7, 2023

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The existing bi-weekly salary range for City Administrator is $10,897.89 - $13,164.66.

Under the new agreement, annual salary adjustments may be made administratively within this range.

BUDGET/FINANCIAL INFORMATION:

This change incurs no budget impact, as the new agreement outlines an administrative procedural change for annual salary adjustments and does not increase the upper limit of the City Administrator’s salary range.

ATTACHMENT: City Administrator Amended and Restated Contract, effective January 24, 2023
PREPARED BY: Graciela Reynoso, Human Resources Manager
SUBMITTED BY: Wendy Levy, Human Resources Director
APPROVED BY: City Administrator's Office
Council Agenda Report
New City Administrator Employment Agreement [Agreement] February 7, 2023

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EMPLOYMENT AGREEMENT
Agreement No. _____
The City of Santa Barbara, a municipal corporation, hereinafter referred to as "Employer" and Rebecca Bjork, an individual, hereinafter referred to as "Employee" enter into this Agreement on January 24, 2023 for Employee's continued services as City Administrator for the City of Santa Barbara.

WHEREAS, this Agreement is made under Article VI of the Santa Barbara City Charter, as a municipal affair; and
WHEREAS, the City Council of Employer, hereinafter "City Council," determined that Employee has the necessary qualifications and experience for the Officeof City Administrator as required by the City Charter; and WHEREAS, on February 15, 2022, the City Council appointed Employee to the Office of City Administrator, with an effective date of February 15, 2022; and WHEREAS, on February 15, 2022, City and Employee entered into an initial employment Agreement No. 28,031;
WHEREAS, Employer and Employee enter into a new Agreement to document the terms and conditions of employment.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

SECTION 1. TERM AND STATUS.

A. Employer employs Employee to serve as City Administrator and in that capacity, to also hold the offices of City Clerk and City Treasurer (“ancillary offices”). The duties of the ancillary offices may be delegated to the Director of Finance and the City Clerk Services Manager.

B. Employee's employment status is at-will and at the pleasure of the City Council. Employee understands and agrees that the City Council may terminate her City employment at any time, subject only to the notice, removal and severance provisions of Section 5 of this Agreement and Section 606 of the City Charter.

Employee understands and agrees that Employer has made no implied or express oral or written assurances of continued employment with the City. Employee further understands and agrees that she has no property right in City employment and that Employer requires no cause to suspend or terminate her City employment.

SECTION 2. POWERS AND DUTIES.

A. Employee shall perform the duties of City Administrator as set forth

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in Article VI of the City Charter and as determined and controlled by the City Council. Employee shall report directly and solely to the City Council.

B. In the performance of the duties of City Administrator, Employee agrees to comply with all federal, state and local laws, ordinances, rules, regulations and City Charter, which are applicable to the Office of the City Administrator. Employee acknowledges that she is subject to the common law and statutory conflict-of-interest provisions, including, but not limited to, the Political Reform Act set forth in California Government Code Section 87100 and following, the Fair Political Practices Commission Regulations set forth in California Code of Regulations, Title 2, Section 18700 and following, and California Government Code Section 1090 and following, as they may be amended. Employee agrees that she will be acquainted with the abovereferenced provisions, comply fully with them and not take any action, which results or could appear to result, in a violation of such provisions.

SECTION 3. COMPENSATION.

A. Base Salary.

As compensation for Employee's services, Employer agrees to pay Employee, on a bi-weekly basis, an annual base salary of $324,180.48.

B. Changes to Compensation.

Commencing on the first day of the pay period which includes July 1, 2024, and on the first day of the pay period which includes July 1 of each year thereafter, Employee’s base salary shall be automatically adjusted without further Council action by a percentage amount equal to ½ of any increase to the Consumer Price Index (CPI) during the preceding June through May twelve month period. The CPI used shall be the California Consumer Price index for Urban Wage Earners and Clerical Workers as calculated by the California Department of Industrial Relations. CPI adjustments shall be capped at 5% annually.

C. Health and Welfare Benefits.

Employee shall receive the same health and welfare benefits provided to the City's Group 1 Managers ("Executives"), including, but not limited to, long term disability and life insurance, as set forth in the Management Performance and Compensation Plan.

D. Retirement.

Employee shall receive retirement benefits through the Public Employees Retirement System (hereinafter "PERS") Miscellaneous Plan. Employee shall

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pay a variable contribution toward retirement under the same formula applicable to the City's Group 1 Managers ("Executives") on the date of this Agreement.

E. Automobile Allowance.

Employee shall receive an automobile allowance of $631 per month which shall be indexed on a percentage basis with changes in the Internal Revenue Service mileage reimbursement rate for business travel, as provided under Resolution 90- 012, and increased or decreased, as appropriate, without amendment of this Agreement.

F. Leave.

Employee shall receive the same leave benefits provided to the City’s Group 1 Managers (“Executives”), including, but not limited to, holiday leave and catastrophic leave, as set forth in the Management Performance and Compensation Plan.

G. Relocation Expenses.

In view of Charter Section 601, Employer shall reimburse Employee for documented moving expenses incurred as a result of Employee relocating her residence to a location within the boundaries of the City, provided that such reimbursement shall be capped at $5,000.00 and shall be paid only if such documented moving expenses are incurred within one year of the effective date of this Agreement. The period for Employee to relocate under Charter Section 601 is extended for a period of one year, subject to further extensions by the City Council.

SECTION 4. PERFORMANCE EVALUATION.

Employer shall evaluate the performance of Employee at its discretion.

SECTION 5. TERMINATION.

A. Termination by Employee.

Employee may voluntarily resign as City Administrator by delivering a letter of resignation to the City Council not less than 30 days prior to the effective date of termination. Employee is not entitled to any severance pay detailed in Section 5(B)(3) if she resigns or retires.

B. Termination by Employer.

1. Employer may unilaterally terminate Employee's employment, with or

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without cause, in accordance with Sections 600 and 606 of the City Charter. No cause for termination need exist because Employee recognizes that she serves at the pleasure of the City Council as an at-will employee. Except as otherwise provided by this Agreement or by law, Employee agrees that she is exempt from any pre- or post-termination due process rights (such as Skelly rights or a name clearing hearing).

2. Employer shall provide Employee at least 45 days’ notice prior to the effective date of termination except if termination is for cause as detailed in Section six (6) below. Employer shall provide Employee with the reasons for termination upon her request.

3. Employee shall receive six (6) months’ severance pay consisting of Employee's base salary, the cash value of twelve (12) months of cafeteria plan and automobile allowances at the effective date of termination and a cash payment of accrued leaves. The PERS Retirement contribution shall not be included in the severance pay. Nothing in this Section shall extend the amount of time served for purposes of receiving any benefit provided in this Agreement.

SECTION 6. TERMINATION FOR CAUSE.

If Employee is terminated “for cause”, City shall have no obligation provide severance benefits. All payments of salaries and benefits in this Agreement shall cease, however, Employee will be paid salary and benefits through the date of termination in accordance to City policy and the law. The term “for cause”, as used in this Agreement, shall mean any of the following: a) conviction of a felony; b) conviction of an act involving moral turpitude or illegal gain; c) a plea of nolo contendere involving a conviction of a felony or an act involving moral turpitude or illegal gain; d) any act constituting a knowing and intentional violation of the City’s Conflict of Interest Code.

SECTION 7. MISCELLANEOUS.

A. Use and administration of benefits shall conform to the requirements of the Management Performance and Compensation Plan and any other City policy or regulation, unless otherwise specified in thisAgreement.

B. Agreement no. 28,031 is now void in its entirety and unenforceable C. This Agreement may be modified only upon the written consent of the parties.

D. This Agreement is a personal services agreement, and as such, may not be assigned by eitherparty.

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E. This Agreement constitutes the entire agreement between the parties and shall be interpreted in accordance with the laws of the State of California.

The parties hereto have executed this Agreement in duplicate the day and year noted above.

Attest:

Sarah Gorman Rebecca Bjork, an individual
City Clerk Services Manager
Approved as to form: CITY OF SANTA BARBARA
John Doimas Randy Rowse, Mayor
Assistant City Attorney IV

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: February 7, 2023
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department SUBJECT: Water Supply Update and Annual Water Supply Management Report RECOMMENDATION: That Council:

EXECUTIVE SUMMARY:

This water supply update provides an overview of the City of Santa Barbara’s (City) water supplies following the conclusion of Water Year (WY) 2022 and includes an analysis with the conclusion that the City’s available water supplies are sufficient to meet demands for at least the next three years. Recent above-average rainfall in January has filled Gibraltar Reservoir to 100% capacity; the reservoir began spilling on January 5, 2023. Lake Cachuma is also at capacity. The January storms have significantly improved the City’s water supply situation, eliminating the potential for a supply shortage for at least the next three years. This report also provides a summary of the 2022 Annual Water Supply Management Report (WSMR), which is a backward-looking document summarizing water supplies and issues for WY 2022 (October 1, 2021 through September 30, 2022). The report fulfills a mitigation requirement for the Coastal Branch of the State Water Project (SWP) to manage water supplies in a manner that prevents the long-term overdraft of local groundwater supplies.

DISCUSSION:

Water Supply Update
WY 2023 began on October 1, 2022, ending WY 2022. At the start of each new WY, staff update the City’s water supply planning charts to reflect actual water used during the previous WY (in this case, October 1, 2021, through September 30, 2022) and extends the three-year water supply strategy one additional year for water security purposes.

Thus, this supply strategy extends through WY 2025. Updates to the City’s water supply Agenda Item No. 9
File Code No. 540.08
Council Agenda Report
Water Supply Update and Annual Water Supply Management Report February 7, 2023

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planning strategy are conservative to ensure water security for our community. This conservative planning approach allows staff to determine if the City has sufficient water to meet demands under three additional years of drought or during unanticipated supply interruptions due to equipment or infrastructure failure.

The recent update to the City’s water supply planning strategy demonstrates that, even if drought conditions return next year or we experience supply interruptions, the City’s water demands can be met for at least the next three years (through WY 2025) using water from Lake Cachuma, Gibraltar Reservoir, Mission Tunnel infiltration, desalination, and recycled water. A full Gibraltar Reservoir and a nearly full Lake Cachuma means the City can primarily rely on its surface water supplies over the next several years to meet community demands. However, conservatively assuming drought conditions return next year and persist for the next three years, the City should continue to embrace conservation as a way of life. Santa Barbara water customers’ current 12-month running average conservation is 25% compared to 2013 baseline water demands, an approximately 2,500 acre-foot per year savings compared to pre-drought demands.

In May 2022, in response to statewide drought conditions, the California State Water Resources Control Board (SWRCB) adopted regulations requiring water agencies to implement the water-saving actions associated with a Stage Two Water Shortage, as defined in their Water Shortage Contingency Plans. In June 2022, Council adopted a Stage Two Water Shortage Alert in response to the SWRCB’s regulations. If California experiences another dry winter, additional regulations are expected from the SWRCB.

Staff is monitoring the situation and will report to Water Commission and Council on any new requirements. The analysis provided in this report is based on the City’s specific water supply conditions, regardless of statewide requirements. Based on the aboveaverage precipitation received through the end of January, staff plans to return to Water Commission and Council in spring 2023 with revisions that reflect our improved water supply situation and the State’s amended regulations.

Annual Water Supply Management Report
The WSMR summarizes activities of the past WY (October 2021 through September 2022). The WSMR fulfills a mitigation requirement of the Coastal Branch of the SWP for managing water supplies to prevent long-term overdraft of local groundwater. City staff also uses the WSMR to inform Council and the public of recent activities and current water supply conditions. Council is tentatively scheduled to review and adopt the WSMR at their February 7, 2023, meeting; at that time, the draft report will be finalized.

Summarized below are key issues in the WSMR for each City water source.

Lake Cachuma
One of the most important indicators of the City’s water supply status is storage in Lake Cachuma, which ended WY 2022 at 36% capacity. Around July each year, the United States Bureau of Reclamation (Reclamation) determines the Cachuma Member Units’, including the City’s, allocation for the upcoming WY. In the past, this determination was Council Agenda Report
Water Supply Update and Annual Water Supply Management Report February 7, 2023

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based primarily on current lake storage levels and the amount of available unaccountedfor water, or inflows that had not yet been allocated to Cachuma water use or users. In the past two years, Reclamation has modeled projected lake storage and drawdown to determine the allocation, with modeling efforts assuming no new inflows and looking ahead for two years. Cachuma Operation and Maintenance Board (COMB) staff and the Cachuma Member Units also model lake storage and try to work with Reclamation to determine an appropriate allocation based on the best available data. The COMB lake elevation and storage model indicated a 15% allocation was appropriate for WY 2023; however, Reclamation chose to set the allocation at 0%. Key issues for Lake Cachuma are the Cachuma Project State Water Rights Order, Cachuma Project Biological Opinion, and Cachuma Contract 2020. For a complete description of each issue, refer to the attached Draft Water Supply Management Report.

Gibraltar Reservoir
In WY 2022, the City received 1,626 AF of water from Gibraltar. At the end of WY 2022, Gibraltar was functionally empty and ready to capture winter rains. After recent storms, it is now full and spilling. Siltation related to the 2007 Zaca Fire, the 2016 Rey Fire, and the 2017 Thomas Fire has resulted in a significant reduction in storage capacity in Gibraltar.

A bathymetric survey performed in August 2021 indicates Gibraltar has a maximum storage capacity of 4,693 AF, which is approximately one-third of its original capacity. The continued reduction in storage capacity was the impetus for initiating the Pass Through option under the 1989 Upper Santa Ynez River Operations Agreement (Pass Through Agreement). A final environmental assessment (EA) for the Warren Act Contract needed between Reclamation and the City to fully implement the Pass Through Agreement has yet to be released by Reclamation. Staff worked with Reclamation in 2019 to review and negotiate the draft Warren Act Contract language. Staff continues to wait for a response from Reclamation regarding outstanding EA issues.

Groundwater
The City’s practice is to conjunctively use its groundwater basins by increasing pumping during droughts when surface water is limited. In response to recent drought conditions, increased groundwater pumping in WYs 2015 through 2018 provided an important water supply. The City has been resting its groundwater basins since the spring of 2017, and has relied more on surface water supplies and desalinated water. Due to ongoing dry conditions, the City began pumping groundwater from two wells located in the Storage Unit 1 groundwater basin this summer, for a total of 203 AF of groundwater in WY 2022.

The City plans to continue using groundwater supplies through the next three WYs, should dry conditions persist. Based on the remaining estimated yields of the basins, groundwater resources are in long-term balance, and groundwater production does not exceed the estimated basin yield. The City has factored this into its water supply planning and does not plan to use groundwater supplies beyond the estimated remaining yield.

This practice will ensure groundwater resources are kept in long-term balance. The City continues to monitor groundwater levels and water quality for seawater intrusion.

Council Agenda Report
Water Supply Update and Annual Water Supply Management Report February 7, 2023

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State Water Project
The City receives imported water from the SWP through the Central Coast Water Authority, a joint powers authority formed in 1991 to finance, construct, manage, and operate regional treatment and conveyance facilities delivering State water to member agencies, including the City. The 2022 SWP allocation was historically low at 5% of Table A contract amounts, which is 165 AF for the City. In addition to the 165 AF, the City had 734 AF of unused SWP water stored in the San Luis Reservoir. The City also purchased 862 AF of supplemental water in 2022, which was again stored in the San Luis Reservoir.

The City used 384 AF of SWP water to supply its customers in WY 2022. It also exchanged 139 AF of SWP water for Cachuma allocation with the Sana Ynez River Water Conservation District, Improvement District No. 1, pursuant to the exchange agreement between both parties. Currently, the City has approximately 1,200 AF of SWP water stored in the San Luis Reservoir. Key issues for the SWP include the Delta Conveyance Project, State Water Contract Assignment, and legal action against the County of Santa Barbara. For a complete description of each issue, please refer to the attached Draft WSMR.

Desalination
In response to the severity of the recent drought, the City reactivated the Charles E. Meyer Desalination Plant (Plant) in 2017, which has a production capacity of 3,125 AFY. The City-owned Plant is operated under a contract with IDE Americas, who delivered 2,874 AF of desalinated water to the City’s water system in 2022. In February 2021, Council changed the role of desalinated water within the City’s water supply portfolio from a drought relief/recovery supply to a drought preparedness, response, and recovery supply.

Due to the continuous production of desalinated water since the Plant’s reactivation, the City has been able to store much of its Cachuma allocation in Lake Cachuma as carryover water. As a result, the City currently has nearly two years’ worth (over 18,000 AF) of water demand stored in Lake Cachuma, which provides water supply security and stretches water supplies for future dry years.

Recycled Water
The City’s upgraded recycled water filtration plant went online on November 2, 2015, replacing the previous filtration plant constructed in 1989. The goal of this project was to eliminate or significantly reduce the need to use potable water for blending to meet Title 22 water quality requirements. In 2022, the City supplied recycled water customers with 981 AF of water and 21 AF of potable blend water, marking a continued significant reduction in potable water use due to the project. Recycled water is an important component of the City’s water supply portfolio since every drop of recycled water used to irrigate landscapes or flush toilets offsets potable water that would have been used instead.

Council Agenda Report
Water Supply Update and Annual Water Supply Management Report February 7, 2023

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Water Conservation
In accordance with the 2020 EUWMP, the City’s Water Conservation Program functions to minimize the use of potable water supplies, meet the requirements of the California Water Efficiency Partnership Best Management Practices, and achieve compliance with State mandates. Water conservation measures are evaluated for cost-effectiveness based on the avoided cost of additional water supplies. The City updated its Water Conservation Strategic Plan in 2020, including its adopted conservation measures and programs. In WY 2022, City customers continued conserving water at high levels (25% compared to 2013 pre-drought water demands).

Supply Summary
The total water supply produced in WY 2022 was 11,450 AF, with 91 gallons used per person per day. The community continues to make water conservation a way of life, with the total demand for water in 2022 comparable to demands in the late 1950s.

BUDGET/FINANCIAL INFORMATION:

The proposed action has no financial impact on the City.

SUSTAINABILITY IMPACT:

A diverse and reliable water supply is essential for sustaining the City. Groundwater resources are in long-term balance in accordance with the conjunctive management element of the City’s Enhanced Urban Water Management Plan.

ENVIRONMENTAL REVIEW:

Receiving water supply updates and approving and adopting a water supply management report are exempt from California Environmental Quality Act review.

WATER COMMISSION RECOMMENDATION:

The Water Supply Outlook was presented to the Water Commission on November 17, 2022, and the Annual Water Supply Management Report was presented on December 15, 2022. The Commission voted 3:0:2 in support of staff’s recommendations.

ATTACHMENT: 2022 Draft Water Supply Management Report
PREPARED BY: Joshua Haggmark, P.E., Water Resources Manager/DC/lm SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
DRAFT
December 6, 2022

ATTACHMENT

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Hydrologic Analysis of the Pass Through Operations at Gibraltar Reservoir Final Environmental Impact Report for the Cachuma Project Water Rights Hearings

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Cachuma Project State Water Rights Order

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Cachuma Project Biological Opinion:

Cachuma Contract 2020:

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Safe and Operational Yields of the Cachuma Project

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Gibraltar Pass Through Operations
State Water Project/Delta Issues

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Groundwater Management Plan:

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Lincolnwood Water System Project
Recycled Water Market Assessment
Appendix A Page 1, 2021-2022 Water Supply Management Report Long-Term Rainfall Data
Groundwater Balance
Appendix A Page 2, 2021-2022 Water Supply Management Report Appendix A Page 3, 2021-2022 Water Supply Management Report Projection of Supply Availability

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: February 7, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Appeals of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way
RECOMMENDATION: That Council:

EXECUTIVE SUMMARY:

On October 6, 2022, the Planning Commission approved a Coastal Development Permit to allow the demolition of a two-story, single-unit residence and attached garage totaling 3,538 square feet, and construction of a 3,285-square-foot, two-story, single-unit residence with an attached 730-square-foot, two-car garage, 600-square-foot basement, and 625-square-foot attached Accessory Dwelling Unit (ADU) on the 22,651-square-foot lot. The property is a blufftop lot in the E-3 (One-Family Residence) Zone and the appealable jurisdiction of the Coastal Zone with a Local Coastal Plan Land Use Designation of Residential (maximum five dwelling units per acre). The project also includes landscaping and associated site improvements, and a 600-square-foot in-ground pool.

On October 13, 2022, the Coastal Development Permit approval was appealed by Mahesh Balakrishnan stating that the size, massing, and design of the project violate Good Neighbor Guidelines and invade the privacy of the neighbors. The appeal letter also states that the project is located on the coastal bluff and will violate the California Agenda Item No. 10
File Code No. 640.07
Council Agenda Report
Appeals of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way
February 7, 2023

Page 2 ends

Environmental Quality Act (CEQA), the Coastal Act, and the City’s Coastal Land Use Plan, including zoning ordinances and policies (Attachment 1).

On October 17, 2022, the Coastal Development Permit approval was also appealed by Jill Ryan, who expressed concerns about the stability of the bluff where the pool will be constructed and the effect it will have on adjacent properties (Attachment 2).

DISCUSSION:

Project Description
The approved project includes demolition of the existing two-story, single-unit residence and attached garage totaling 3,538 square feet, and construction of a 3,285-square-foot, two-story, single-unit residence with an attached 730-square-foot two-car garage, 600- square-foot basement, and 625-square-foot attached Accessory Dwelling Unit (ADU) on the 22,651-square-foot lot. The blufftop parcel is in the E-3 (One-Family Residence) Zone and the appealable jurisdiction of the Coastal Zone with a Local Coastal Plan Land Use Designation of Residential (maximum five dwelling units per acre). Approximately 605 cubic yards of grading would take place on the site. The project also includes droughttolerant landscaping with associated site improvements, approximately 3,200 square feet of new/replaced hardscape, and a 600-square-foot in-ground pool. Refer to Attachment 6, Exhibit B for project plans, and Attachment 6, Exhibit C for Applicant Letter.

Background
This project was reviewed conceptually by the Single Family Design Board (SFDB) on two occasions prior to receiving Project Design Approval in December 2022. At the first conceptual review, on April 11, 2022, the SFDB stated that the size, bulk, and scale should be restudied. SFDB also suggested restudying the second-floor plate heights and the south elevation glazing in accordance with the neighborhood compatibility guidelines.

The applicant responded to the SFDB by breaking up the massing and ridgeline, reducing glazing, and lowering the second floor plate height by at least 6 to 16 inches.

The applicant returned to the SFDB for a second conceptual review on May 23, 2022.

The SFDB found that the size, bulk, and scale were aesthetically appropriate and found the massing and roof lines to be an improvement. The Board also found the proposed glazing at all elevations aesthetically appropriate. The project was forwarded to the Planning Commission. Refer to Attachment 6, Exhibit G for SFDB Minutes from April 11, 2022, and May 23, 2022.

On October 6, 2022, the project was considered by the Planning Commission for approval of a Coastal Development Permit. The Planning Commission approved the project and made the required findings. The Planning Commission added conditions of approval requiring that any trenches within the bluff edge development buffer be hand dug (to Council Agenda Report
Appeals of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way
February 7, 2023

Page 3 ends

protect the integrity of the bluff) and that tree #8 on the Landscape Plan be assessed by an arborist during construction due to its adjacency to the proposed building. Refer to Attachment 3 for Planning Commission Resolution and Attachment 4 for Planning Commission Minutes.

On December 5, 2022, the applicant presented the project to the SFDB, requesting Project Design Approval. The SFDB approved the project and provided comments stating the project complied with the Neighborhood Preservation Ordinance criteria. The SFDB also made the required Hillside Design District and Sloped Lot Findings, and Grading Findings. Refer to Attachment 5 for SFDB Minutes from December 5, 2022. The SFDBapproved plans are available upon request, but are substantially similar to the plans approved by Planning Commission (Attachment 6, Exhibit B). SFDB’s Project Design Approval was not appealed.

Appeal Issues
Appellants Mahesh Balakrishnan and Jill Ryan (respectively) are appealing the approval of the Coastal Development Permit and the City’s determination that the project is exempt under CEQA. The findings the Planning Commission, and Council on appeal, must make to approve the Coastal Develoment Permit are as follows:

1. The project is consistent with the policies of the California Coastal Act; and

2. The project is consistent with all applicable policies of the City's Local Coastal Plan, all applicable implementing guidelines, and all applicable provisions of the Code.

Size, Massing, and Design
Appellant Balakrishnan, asserts that the size, massing, and design of the project violate Good Neighbor Guidelines and invade the privacy of neighbors.The most relevant coastal policies pertaining to size, massing, and design are Coastal Land Use Plan Policy 4.3-7 and Coastal Act Section 30251, which require development to be visually compatible with the character of the surrounding areas.

The project is a two-story residence in an established residential neighborhood developed with a mix of one- and two-story residences. The project complies with required setbacks and height requirements and is below the guideline maximum floor to lot area ratio, as identified in the Planning Commission Staff Report (Attachment 6).

The Good Neighbor Guidelines are included in the Single Family Residence Design Guidelines, adopted by City Council on June 17, 2011. (Attachment 7.) The Good Neighbor Guidelines are used by the SFDB to advance sound planning with consideration of neighorhood compatibility, views, and privacy. When reviewing projects, SFDB Council Agenda Report
Appeals of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way
February 7, 2023

Page 4 ends

considers the Good Neighbor Guidelines along with Neighborhood Preservation Findings (consistency and appearance, compatibility, quality architecture and materials, public views, etc.), understanding that strict compliance may not be possible or necessary.

SFDB provides Planning Commission with conceptual comments regarding the project, including consistency with the Good Neighbor Guidelines, so that Planning Commission can consider that feedback in making neighborhood compatibility findings per coastal policies.

Based on compliance with all zoning requirements, the positive feedback from the SFDB on April 11, 2022, and May 23, 2022, and the added condition for an arborist to assess the eucalyptus tree (tree #8), which provides screening between the subject parcel and the parcels to the west, the Planning Commission was able to make the required coastal findings in support of the project (refer to Attachment 3 for findings).

While the SFDB’s Project Design Approval given on December 5, 2022, was not part of the record before the Planning Commission when granting the Coastal Development Permit, the fact that SFDB found that the project complies with the Neighborhood Preservation Ordinance criteria (refer to Attachment 5 for minutes) and stated that the project generally complies with the Good Neighbor Guidelines regarding landscaping to reinforce privacy impacts, noise, and with minimal lighting proposed, lends credibility to the finding that the project complies with Land Use Plan Policy 4.3-7 and Coastal Act Section 30251, requiring the development to be visually compatible with the character of the surrounding areas. On December 5, 2022, the SFDB also stated that they supported a Minor Zoning Exception to allow a 12-foot-tall hedge along the westerly property line to reduce adjacent neighbor privacy impacts and concerns.

Compliance with CEQA, Coastal Act, and the City’s Local Coastal Program Appellant Balakrishnan, further argues that the project violates the California Environmental Quality Act (CEQA), the California Coastal Act and the City’s Local Coastal Program, including zoning ordinances and policies.

The Planning Commission Staff Report (Attachment 6) describes in greater detail how the project complies with the City’s Zoning and Building Ordinances, and policies of the Coastal Land Use Plan, and qualifies for an exemption from further environmental review under CEQA. The major coastal issues identified for this area include beach and coastal bluff erosion. With regard to these coastal hazards, the project is consistent with the following coastal land use plan (LUP) policies:
 Policy 5.1-29 regarding coastal hazards
 Policy 5.1-32 regarding development on coastal bluff faces  Policy 5.1-33 regarding development on coastal bluff tops  Polciy 5.1-66 regarding hazard evaluations for development on coastal bluff faces  Policy 5.1-67 regarding hazard evaluations for development on coastal bluff tops  Policy 5.1-38 regarding landscaping and irrigation of a coastal bluff Council Agenda Report
Appeals of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way
February 7, 2023

Page 5 ends

 Policy 5.1-39 regarding drainage systems on bluff faces  Policy 5.1-70 regarding calculating the Coastal Bluff Edge Development Buffer An Engineering Geology and Geotechnical Engineering Report (Attachment 6, Exhibits E and F) was prepared for the project to address the geologic conditions of the site and potential impacts relating to the proposed project. The report states that the long-term rate of retreat is approximately 0.33 feet per year (4 inches per year). Based on this rate of retreat, the projected amount of retreat of the top of bluff is estimated to be approximately 25 feet in 75 years (the estimated lifespan of the residence), not accounting for accelerating sea level rise. With anticipated accelerating sea level rise, the Coastal Bluff Edge Development Buffer for this property (per LUP Policy 5.1-70) increases to 41.5 feet from the existing bluff edge.

All proposed development is sited landward of the 41.5-foot Coastal Bluff Edge Development Buffer, consistent with coastal policies. The report concludes that the project site is suitable for the proposed replacement residence from an engineering geology and geotechnical engineering standpoint, provided that the report’s recommendations are followed.

Stability of Cliff for a New Pool
Appellant Ryan identifies concerns regarding stability of the cliff with the proposed development, including a new pool, and the effect this will have on adjoining properties.

She also notes that significant slippage of the cliffs has occurred.

Based on the Engineering Geology and Geotechnical Engineering Report, the Coastal Bluff Edge Development Setback is 41.5 feet inland from the Coastal Bluff Edge. The pool is proposed to be located outside of the buffer. The report concludes that the project site is suitable for the proposed replacement residence and pool from an engineering geology and geotechnical engineering standpoint.

Additionally, in order to satisfy Storm Water Management Plan requirements, all site stormwater is proposed to go directly into drains throughout the property, and due to the natural slope of the property, would tie into the southern sump pump that would be located just north of the Bluff Edge Development Buffer. Stormwater within the Bluff Edge Development Buffer area is being captured via a linear trench drain, which drains into the southern sump pump. From there, all water would be pumped up to the northern side of the property into the below-ground cistern, and then discharged onto the street via another pump. These drainage improvements are intended to improve the current drainage situation and should be a net benefit to the stability of the bluff.

ENVIRONMENTAL REVIEW:

The project qualifies for an exemption from further environmental review under CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), which Council Agenda Report
Appeals of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way
February 7, 2023

Page 6 ends

allows for construction of one single-family dwelling in a residential zone, as well as accessory/appurtenant structures such as garages, patios, swimming pools, and fences.

Based on review of the project, there would be no significant project-specific or cumulative impacts on the environment as a result of the project; the project does not have the potential to damage scenic highways or historic resources; and the project site is not identified as a hazardous waste site. The project site does not contain any historical resources. The project location is not within a particularly sensitive environment with mapped resources. None of the exceptions to the exemption under CEQA Guidelines Section 15300.2 apply.

CONCLUSION
Staff recommends that City Council consider the Planning Commission’s approval of the project. If Council concurs with the Planning Commission that the Coastal Development Permit Findings can be made, and the project is exempt from further environmental review under CEQA, then the appeals should be denied. If Council cannot make these findings, the appeals may be upheld and Council should idenitify how the project does not comply with the findings necessary to approve a Coastal Develoment Permit. Staff also recommends that Council direct staff to return to Council with a decision and findings resolution reflecting the outcome of the appeals.

ATTACHMENTS:

1. Appeal Letter from Mehesh Balakrishnan Dated October 6, 2022

2. Appeal Letter from Jill Ryan Dated October 19, 2022

3. Planning Commission Resolution No. 007-22 Dated October 6, 2022

4. Planning Commission Minutes from December 6, 2022

5. SFDB Minutes from December 5, 2022

6. Planning Commission Staff Report Dated September 29, 2022 with Exhibits A. Draft Conditions of Approval
B. Project Plans
C. Applicant's Letter Dated July 15, 2022
D. Existing Foundation Exhibit
E. Engineering Geology and Geotechnical Engineering Report Dated July 20, 2021
F. Addendum to Engineering Geology Report Dated July 11, 2022 G. SFDB Minutes from April 11, 2022, and May 23, 2022
H. Applicable Coastal Act and LUP Policies

7. Good Neighbor Guidelines – Design Guidelines Checklist PREPARED BY: Kelly Brodison, Associate Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
ATTACHMENT 1
ATTACHMENT 2
ATTACMENT 3

City of Santa Barbara

PLANNING COMMISSION

MINUTES
OCTOBER 6, 2022
1:00 P.M.

City Hall, Council Chambers
735 Anacapa Street; and
1026 Via Los Padres
Santa Barbara 93111
COMMISSION MEMBERS:

Gabriel Escobedo, Chair
Roxana Bonderson, Vice Chair
John M. Baucke
Jay D. Higgins
Sheila Lodge
Devon Wardlow
Lesley Wiscomb
STAFF:

Tava Ostrenger, Assistant City Attorney
Allison DeBusk, Senior Planner
Gillian Fennessy, Commission Secretary

CALL TO ORDER
Chair Escobedo called the meeting to order at 1:01 p.m.

I. ROLL CALL
Chair Gabriel Escobedo, Vice Chair Roxana Bonderson, Commissioners Jay D. Higgins, Sheila Lodge, Devon Wardlow, and Lesley Wiscomb

Absent: John M. Baucke

STAFF PRESENT
Tava Ostrenger, Assistant City Attorney
Allison DeBusk, Senior Planner
Kelly Brodison, Associate Planner
Pilar Plummer, Associate Planner
Janet Ahern, City TV Production Specialist
Gillian Fennessy, Commission Secretary
II. PRELIMINARY MATTERS
A. Requests for continuances, withdrawals, postponements, or addition of ex-agenda items:

No requests.

B. Announcements and appeals:

Ms. DeBusk announced the following:

1. Advisory group recruitment including for Planning Commission, is underway. The deadline to apply is October 10th at 5 pm.

ATTACHMENT 4
Planning Commission Minutes October 6, 2022 Page 2 of 5

2. Renee Brooke, City Planner, has accepted a position with the city of Bend Oregon; Dan Gullet will be filling in while we recruit for the position.

C. Review, consideration, and action on the following draft Planning Commission minutes and resolutions:

1. September 15, 2022 Planning Commission Minutes
MOTION: Lodge /Higgins
Approve the minutes as presented.

The motion carried by the following vote:

Ayes: 6 Noes: 0 Abstain: 0 Absent: 1 (Baucke)
D. Comments from members of the public pertaining to items not on this agenda:

Public comment opened at 1:03 p.m., and as no one wished to speak, it closed.

Written correspondence from Rob Fredericks and Francesca Galt was acknowledged.

III. NEW ITEMS
A. ACTUAL TIME: 1:05 P.M.
2315 EDGEWATER WAY
Assessor’s Parcel Number: 041-350-024
Zoning Designation: E-3/S-D-3 (One-Family Residence/Coastal Overlay) Application Number: PLN2021-00584; Filing Date: January 4, 2022 Applicant / Owner: Shaheen Ghazvinizadeh / Ralf Pohl (2315 Edgewater, LLC) The project consists of demolition of the existing, two-story, single-family residence and attached garage totaling 3,538 square feet, and construction of a 3,285-square-foot, twostory, single-family residence with an attached 730-square-foot two-car garage, a 600- square-foot basement, and a 625-square-foot attached Accessory Dwelling Unit (ADU) on the 22,651-square-foot lot. The project would also include drought-tolerant landscaping with associated site improvements, approximately 3,200 square feet of new/replaced hardscape, and a 600-square-foot in-ground pool.

The discretionary application required for this project is a Coastal Development Permit (CDP2022-00003) to allow the proposed development in the Appealable Jurisdiction of the City’s Coastal Zone (SBMC §28.44.060).

Kelly Brodison, Associate Planner, gave the Staff presentation.

Ken Radtkey, Blackbird Architects, gave the Applicant presentation, and Shaheen Ghazvinizadeh, Applicant and Courtney Miller, Landscape Architect were available to answer questions.

Planning Commission Minutes October 6, 2022 Page 3 of 5 Public comment opened at 1:28 p.m., and the following individuals spoke:

1. Mahesh Balakrishnan

2. Jill Ryan
Public comment closed at 1:33 p.m.

MOTION: Wiscomb/Bonderson Assigned Resolution No. 007-22 Approve the project, making the findings for the Coastal Development Permit as outlined in the Staff Report dated September 29, 2022, subject to the Conditions of Approval as outlined in the Staff Report, with the following additions to the Conditions of Approval:

1. Add a condition that any trenches within the bluff edge development buffer be hand dug.

2. Add a condition that tree #8, listed as fair in the arborist report, be assessed by an arborist during construction, with steps taken to reduce liability to the building.

The motion carried by the following vote:

Ayes: 6 Noes: 0 Abstain: 0 Absent: 1 (Baucke)
The ten-calendar-day appeal period was announced.

B. ACTUAL TIME: 2:00 P.M.
222 MESA LANE
Assessor’s Parcel Number: 041-322-009
Zoning Designation: E-3/S-D-3 (One-Family Residence/Coastal Overlay) Application Number: PLN2020-00612
Applicant / Owner: Matt Hepner / Tyler Dobson
The 8,009-square-foot site is currently developed with a single-unit residence and detached garage. The proposed project involves improvements and additions to the existing residence, comprised of a 544-square-foot first-floor addition, a 690-square-foot second-story Accessory Dwelling Unit (ADU), 275-square-foot covered patio, 390- square-foot porch, and 224-square-foot roof deck. The project includes a new 420- square-foot attached garage, and the existing 303-square-foot detached garage will be converted into an accessory building. To accommodate the new garage location, the project includes demolition of the existing driveway and curb cut and construction of a new driveway and curb cut. The proposed total of 3,410 square feet on an 8,009-squarefoot lot is 107% of the maximum required floor-to-lot area ratio.

The discretionary applications required for this project are:

1. A Net Floor Area (Floor to Lot Area Ratio) Modification of the net floor area standards to allow 3,410 square feet on an 8,009 square foot lot (SBMC §28.15.083.D and §28.92.110); and

2. A Front Setback Modification to allow one of the parking spaces for the primary residence to be uncovered and located in the driveway within the required 20-foot front setback (SBMC §20.15.060.A and §28.92.110).

Planning Commission Minutes October 6, 2022 Page 4 of 5 Pilar Plummer, Associate Planner, gave the Staff presentation.

Matt Hepner, Applicant, gave the Applicant presentation, and was joined by Tyler Dobson, Owner.

Public comment opened at 2:20 p.m., and as no one wished to speak, it closed.

Written correspondence from Paulina Conn and Robert Chao was acknowledged.

MOTION: Lodge/Bonderson Assigned Resolution No. 008-22
Approve the project, making the findings for the Net Floor Area (Floor to Lot Area Ratio) Modification and Front Setback Modification as outlined in the Staff Report dated September 29, 2022.

The motion carried by the following vote:

Ayes: 6 Noes: 0 Abstain: 0 Absent: 1 (Baucke)
The ten-calendar-day appeal period was announced.

IV. ADMINISTRATIVE AGENDA
ACTUAL TIME: 2:28 P.M.

A. Committee and Liaison Reports:

1. Staff Hearing Officer Liaison Report
No report.

2. Other Committee and Liaison Reports
a. Commissioner Lodge reported on the September 26, 2022 meeting of the Single Family Design Board and announced the upcoming October 11, 2022 meeting of the City Council Ordinance Committee regarding changes to SFDB membership.
b. Commissioner Lodge reported on the September 19, 2022 meeting of the Sustainability Committee.
c. Commissioner Bonderson reported on the September 6, 2022 and September 19, 2022 meetings of the Architectural Board of Review.

Planning Commission Minutes October 6, 2022 Page 5 of 5 V. ADJOURNMENT
Chair Escobedo adjourned the meeting at 2:42 p.m.

Submitted by,
__________________________________________
Gillian Fennessy, Commission Secretary
City of Santa Barbara

SINGLE FAMILY DESIGN BOARD

MINUTES
DECEMBER 5, 2022
3:00 P.M.

David Gebhard Public Meeting Room
630 Garden Street
SantaBarbaraCA.gov
BOARD MEMBERS:

Brian Miller, Chair
Leslie Colasse, Vice Chair
Lauralee Anderson
Ohan Arakelian
Katie Klein
CITY COUNCIL LIAISON:

Meagan Harmon
PLANNING COMMISSION LIAISON:

Sheila Lodge
STAFF:

Ellen Kokinda, Design Review Supervisor
Holly Garcin, Assistant Planner
Kathleen Goo, Commission Secretary
(4:40PM) CONTINUED ITEM: PROJECT DESIGN APPROVAL

3. 2315 EDGEWATER WAY
Assessor's Parcel Number: 041-350-024
Zone: E-3/SD-3
Application Number: PLN2021-00584
Owner: Ralf Pohl
Owner: 2315 Edgewater LLC
Architect/Applicant: Kenneth Radtkey, Blackbird Architects (Proposal to demolish the existing two-story single-unit residence and attached garage located in the Hillside Design District and Appealable Jurisdiction of the Coastal Zone and construct a new 3,285 square foot two-story residence with an attached 730 square foot two-car garage, 600 square foot basement, and 625 square foot Accessory Dwelling Unit (ADU). Project includes a new pool, driveway replacement, removal of several non-specimen trees, and hardscape and landscape improvements.

The proposed total of 4,640 square feet on a 22,651 square foot lot it 99% of the maximum guideline floor-to-lot area ratio. Approval of a Coastal Development Permit was granted by the Planning Commission on October 6, 2022. Subsequently appeals were filed by Mahesh Balakrishnan and Jill Ryan. The project is scheduled to be heard on appeal by the City Council on February 7, 2022.) Project Design Approval is requested. Neighborhood Preservation Findings, Hillside Design District & Sloped Lot Findings, and Grading Findings are required. Project was last reviewed on May 23, 2022.

Actual time: 5:43 p.m.

Present: Kenneth Radtkey and Shaheen Ghazvinizadeh, Applicants from Blackbird Architects; Courtney Miller, Landscape Architect; and Kelly Brodison, Associate Planner ATTACHMENT 5
Single Family Design Board Minutes December 5, 2022 Page 2 of 3 RECUSAL: To avoid any actual or perceived economic conflict of interest, Board Member Arakelian recused himself from hearing this item.

Individual comment: For the record, Board Member Colasse and Board Member Anderson announced that they have reviewed the previous SFDB meeting minutes regarding the project and are therefore able to review, comment, and vote on the returning item.

Staff comments: Ms. Brodison clarified that there was a subsequent appeal filed after the last review of the project that is scheduled to be reviewed by City Council on February 7, 2023, not 2022, and she requested the Board make a motion with sufficient comments for City Council, or if deemed ready for Project Design Approval, then to grant that approval.

Public comment opened at 6:05 p.m., and as no one wished to speak, it closed.

Written correspondence from Mahesh & Monisha Balakrishnan was acknowledged.

Motion: Project Design Approval and continue indefinitely to Consent with comments:

1. One Board Member suggested reducing the plate height of the garage.

2. The Board would be willing to support a Minor Zoning Exception for a 12-foot hedge along the westerly property line to reduce adjacent neighbor privacy impacts and concerns.

3. The Neighborhood Preservation Ordinance criteria have been met as stated in Subsection 22.69.050 of the City of Santa Barbara Municipal Code:
a. The proposed development is consistent with the scenic character of the City and will enhance the appearance of the neighborhood, specifically the proposed architectural style seems to fit in well with the neighboring properties. b. Although the proposed project is 99% of the maximum guideline floor-to-lot area ratio (FAR), this includes the proposed Accessory Dwelling Unit (ADU), and the proposed development’s size, bulk, and scale still remains appropriate to the site, and compatible with the neighborhood even with inclusion of the ADU. c. The proposed buildings and structures are designed with quality architectural materials and details. The proposed materials and colors maintain the natural appearance of the ridgeline or hillside.
d. Removal of healthy, non-invasive trees has been addressed in the Arborist Report and has been accepted by the Planning Commission. If the project includes the removal of any healthy, non-invasive tree with a diameter of four inches (4”) or more measured four feet (4’) above natural grade, the project includes a plan to mitigate the impact of such removal by planting replacement trees in accordance with applicable tree replacement ratios.
e. The public health, safety, and welfare are appropriately protected and preserved, specifically through the removal of possibly hazardous trees. f. The project generally complies with the Good Neighbor Guidelines regarding landscaping to reinforce privacy impacts, noise, and with minimal lighting proposed.
g. The development, including proposed structures and grading, preserves significant public scenic views of and from the hillside.

4. The Hillside Design District and Sloped Lot criteria have been met as stated in Subsection 22.69.050 of the City of Santa Barbara Municipal Code:
a. The development, including the proposed structures and grading, is appropriate to the site, is designed to avoid visible scarring, and does not significantly modify the variation and step-down natural topography of the site.

Single Family Design Board Minutes December 5, 2022 Page 3 of 3 b. The development maintains a scale and form that blends with the hillside by minimizing the visual appearance of structure(s) and the overall height of structures.

5. The Grading Findings have been met as stated in Section 22.69.030 of the City of Santa Barbara Municipal Code:
a. Since there is a Storm Water Management Plan in place, the proposed grading will not significantly increase siltation in or decrease the water quality of streams, drainages or water storage facilities to which the property drains; and b. The proposed grading will not cause a substantial loss of southern oak woodland habitat.

Action: Colasse/Klein, 4/0/0. (Arakelian stepped down.) Motion carried.

The ten-day appeal period was announced.

ATTACHMENT 6

SANffs(RBARA

PLANNING

GOOD NEIGHBOR

GUIDELINES

DESIGN GUIDELINES CHECKLIST
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@ GENERAL INFORMATION
WHAT ARE DESIGN GUIDELINES?

COMMUNITY DEVELOPMENT DEPARTMENT
630 GARDEN ST. SANTA BARBARA, CA 93101
(805) 564-5578 I SantaBarbaraCA.gov
The City's Design Guidelines establish a set of goals, values, and qualities by which projects are evaluated in design review. They outline clear expectations that projects must demonstrate to be successfully entitled. Design guidelines assist applicants and the public in understanding both the design review meeting procedures and to define the major concerns and objectives of the design review process. Separate documents provide detailed direction for certain areas or types of projects.

HOW DO I APPLY THE GUIDELINES?
Not all guideline techniques or approaches are appropriate or practical for every development project.

When designing your project, identify as many of the design techniques and approaches used in order to achieve the guideline objectives. Other creative and innovative design techniques and approaches may be considered in order to achieve the intended objectives of the listed guidelines. Guidelines using the words "encouraged" or "discouraged" are desirable or undesirable but are not mandatory.

RELATIONSHIP BETWEEN DOCUMENTS
These checklists have been provided as a reference to be used in conjunction with the text of the City's existing discretionary Design Guidelines. It is not meant to replace a full reading of the Guidelines text.

In such cases where multiple sets of guidelines apply, the respective guidelines are viewed as "layers," where the most specific guidelines - in the unlikely event of a conflict - would take precedent.

Planning Handouts I Design Guidelines Checklist Page 1 of 5 ATTACHMENT 7

2315 Edgewater Way
City Council
1 APPLICANT DOCUMENTS
Aerial - City & Context
2 Site Aerial - Context
3 Site Aerial
4 2321
2327
2325
2317
2315
2307
2305
Street view at Edgewater Way
2315 Edgewater Way
10 30
20 50
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4 6
8 132
134
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2317 Edgewater Way
(E) 1-story structure
2307 Edgewater Way (E) 2-story structure
2321 Edgewater Way (E) 2-story structure 2317 Edgewater Way (E) 1-story structure
2307 Edgewater Way (E) 2-story structure
2321 Edgewater Way (E) 2-story structure
20'-0" setback
property line
6'-0" setback
property line
6'-0" setback
property line
coastal bluff edge,
per geotech report

41.5' bluff edge
development setback
50' bluff edge buffer
Edgewater Way
10 30
20 50
40 60
80 70
90 100
120
110
4 6
8 132
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136
139
135
pool
13'-0' x 32'-6"
hot tub
5'-6' x 8'-0"
-44"
2%
slope
1%
slope
pool equipment vault
below
pool cover
stormwater well &
pumps below
1%
slope
+136.00' +135.70'
(-3 5/8" BFF)

DS DS DS
DS
W-301
DS
DS
DS
2317 Edgewater Way (E) 1-story structure
2307 Edgewater Way
(E) 2-story structure
2321 Edgewater Way
(E) 2-story structure 2317 Edgewater Way (E) 1-story structure 2307 Edgewater Way
(E) 2-story structure
2321 Edgewater Way
(E) 2-story structure
20'-0" setback
property line
6'-0" setback
property line
6'-0" setback
property line
coastal bluff edge,
per geotech report

41.5' bluff edge
development setback
50' bluff edge buffer
Edgewater Way
Vicinity Map
N.T.S. 1
feet 0 40' 80'
Topographic/Demo Plan
20' 1"=40'-0" 3
feet 0 40' 80'
Proposed Site Plan
20' 1"=40'-0" 4

PROJECT LOCATION
(p) y gy
(p) pool with cover (13'x33')
(e) 3,538 NSF residence and attached garage to be demolished (e) residence encroaches 3' into front setback, 1' into westerly side-yard setback, 3'-5" into easterly side-yard setback Stormwater Narrative
This project is to meet the City of Santa Barbara's Tier 3 SWMP requirements by treating the 1 inch, 24-hour storm. Please refer to civil drawings and SWMP report. (e) building footprint to be demolished
(e) 3,200 sf hardscape to be demolished
Bus Stop Vicinity Map
N.T.S. 2

PROJECT LOCATION

0.45 mile to closest bus stop
• The accessory dwelling unit shall not be rented for less than 31 days • No unauthorized or unpermitted residential units shall be developed or maintained on the property. The installation of unauthorized or unpermitted food preparation facilities apart from the kitchens shown on the approved plans on file with the City of Santa Barbara shall constitute a violation of the terms of this Covenant
Sheet Index
general
A0.0 Cover Sheet
A0.1 Existing Site Photos and Survey
A0.2 Reports
A0.3 Reports
A0.4 Reports
civil
C-0.1 Title Sheet
C-.02 Notes Sheet
C-3.1 Utility Plan
C-2.1 Grading and Drainage Plan
C-4.1 Detail Sheet
C-5.1 Erosion Control Plan
landscape
L-0.0 Title Sheet
L-1.0 Tree Disposition Plan
L-1.1 Arborist Report
L-2.0 Construction Plan, Notes & Schedule
L-3.0 Planning Notes & Schedule
L-3.1 Planting Plan
L-4.0 Irrigation Plan, Notes & Schedule
L-4.1 Stormwater to Landscape Dispersal Plan
L-5.0 Lighting Plan
L-6.1 Construction Details
L-6.2 Planting Details
L-6.3 Irrigation Details
architectural
D1.0 Demolition Site Plan
A1.0 Site Plan
A2.1 First Floor Plan & Basement Plan
A2.2 Second Floor Plan
A2.3 Roof Plan
A3.0 Site Elevation
A3.1 Elevations
A3.2 Elevations
A4.1 Building Sections
A4.2 Building Sections
A4.3 Building Sections
A4.4 Building Sections
A6.1 Details
A6.2 Details
A6.3 Details
A6.4 Details
A6.5 Details
A6.13 Details
A7.1 Door & Window Schedule
A7.2 Door & Window Types
mechanical
M1.0 Cut Sheets
Site Context
5 Site Context
2210 Edgewater Way
202 Mohawk Road
108 Mohawk Road
2312 Edgewater Way
6 (1) Neighboring 2-story residence to the east (2307 Edgewater Way) Site Context
2 CR
Z
TP

FOOTPRI
NT
GARAGE