Santa Barbara City Council
March 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
MARCH 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. 03/07/2023 Santa Barbara City Council Final Agenda Page 1 MARCH 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 (120.04) 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 March 31, 2023.

CHANGES TO THE AGENDA

PUBLIC COMMENT

CONSENT CALENDAR

2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of February 14, 2023; and the special meeting of January 12, 2023.

3. Subject: Accept and Spend Donation from the Santa Barbara Police Foundation for the Police Department Canine Unit and Appropriate Funds in Fiscal Year 2023 [Resolution] (520.04)
Recommendation: That Council:

A. Accept a donation from the Santa Barbara Police Foundation with a value of $20,000 to purchase equipment and provide specialized training for the Police Department Canine Unit; 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 Accept a Gift of $20,000 from the Santa Barbara Police Foundation for Exclusive Use and Benefit of the Santa Barbara Police Department.
03/07/2023 Santa Barbara City Council Final Agenda Page 2

4. Subject: Second Increase for Aviation Planning Services Contract for the Fixed Based Operator Redevelopment Project [Resolution; Agreement] (560.04)
Recommendation: That Council:

A. Authorize an increase in the extra services amount with Jacobs Engineering Group Inc., for aviation planning services for the Fixed Base Operator Redevelopment Project, Contract No. 26,343, in the amount of $49,270, for a total project expenditure authority of $334, 896; 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 Appropriate Funds for Increase in Aviation Planning Services For the Fixed Based Operator Redevelopment Project.

5. Subject: Sole Source Purchase Order for EnvisionWare Tablet Stations (570.04)
Recommendation: That Council find it in the City’s best interest to waive the formal bid procedure as authorized by Municipal Code section 4.52.070 (L), Best Interest Waiver, and authorize the Library Director to execute a Purchase Order to EnvisionWare in the amount of $48,508 for purchase, delivery, and installation of three 6-tablet Hublet stations.

6. Subject: Contract for Water Resources Legal Services with Bartkiewicz, Kronick & Shanahan [Agreement] (540.01)
Recommendation: That Council authorize the Public Works Director and City Attorney to execute a contract with Bartkiewicz, Kronick & Shanahan for specialized as-needed legal services to support the Water Resources Division in an amount not-to-exceed of $250,000.

7. Subject: Council Contract with Brower Law Group [Agreement] (210.01) Recommendation: That Council authorize an increase of $50,000 to Agreement No. 22200090, for a not-to-exceed dollar amount from $100,000 to $150,000, between the City of Santa Barbara and Brower Law Group for a legal services agreement.

This concludes the Consent Calendar.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
03/07/2023 Santa Barbara City Council Final Agenda Page 3

COMMUNITY DEVELOPMENT DEPARTMENT

8. Subject: Ordinance Discussion Draft to Create the Housing Opportunities, Preservation, and Equity (HOPE) Fund Pursuant to Charter Section 1215 (660.04)
Recommendation: That Council review draft Ordinance for discussion to create the Housing Opportunities, Preservation and Equity (HOPE) Fund and direct staff to return with revised Ordinance for introduction.

QUASI JUDICIAL HEARING RULES APPLY TO THE FOLLOWING AGENDA ITEM

PUBLIC HEARINGS

9. Subject: Appeal of the Single Family Design Board’s Project Design Approval and Final Approval of Development at 229 Vista Del Mar Drive (640.07)
Recommendation: That Council:

A. Consider the appeal of Julie Kayda, Jeff Harris, and Norman Gardner of the Single Family Design Board’s Project Design Approval and Final Approval of a development associated with an existing single-unit residence at 229 Vista Del Mar Drive; and
B. Direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 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 March 31, 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 March 31, 2023.

ATTACHMENT(S): March 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
File Code No. 120.04

ATTACHMENT
March 2023 SERVICE AWARDS
March 07, 2023 Council Meeting
5 Years
Isaac Garcia, Wastewater Collection System Project Coordinator, Public Works Department Brian Passani, Control Systems Operator Specialist II, Public Works Department 10 YEARS
Juan Carlos Diaz, Painter, Public Works Department
Andre Romero, Park Ranger, Parks and Recreation Department 15 YEARS
Jessica Grant, Supervising Transportation Planner, Public Works Department 25 YEARS
Frank Dealy, Reservoir Dam Caretaker Distribution Operator, Public Works Department Dale Escobar, Wastewater Collection System Project Coordinator, Public Works Department 02/14/2023 Santa Barbara City Council Minutes Page 1 of 8

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 14, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:01 p.m. (The Finance Committee and Ordinance Committee, which ordinarily meet at 12:30 p.m., did not meet this day.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: Mike Jordan.

Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, Deputy City Clerk Naomi Kovacs.

CHANGES TO THE AGENDA
There were no changes to the agenda.

PUBLIC COMMENT
Members of the Public: Celeste Barber, Aron Ashland
CONSENT CALENDAR (Item Nos. 1 – 9)
The titles of the Resolutions and Ordinances were read.

Motion:

Councilmembers Harmon/Friedman to approve the Consent Calendar as recommended.

Vote:

Unanimous roll call vote
Agenda Item No. 2
02/14/2023 Santa Barbara City Council Minutes Page 2 of 8

1. Subject: Zoning Ordinance Amendments for Accessory Dwelling Units and Local Coastal Plan Resolution [Ordinance Adoption; Resolution] (640.09) Recommendation: That Council:

A. Adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Amending Section 30.185.040, Pertaining to Regulations for Accessory Dwelling Units;
B. Adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Amending Chapter 28.86, Pertaining to Regulations for Accessory Dwelling Units; and C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving a Local Coastal Program Amendment (PLN2022- 00391) to Amend Title 28 of the Santa Barbara Municipal Code Chapter

28.86 to Regulate Accessory Dwelling Units in the Coastal Zone.

Action: Approved the recommendations; Ordinance Nos. 6103 and 6104; Resolution No. 23-012 (February 14, 2023 Council Agenda Report and any attachments).

2. Subject: Construction and Operating Agreement and Reciprocal Easements for Chase Palm Park and the Future Waterfront Hotel [Ordinance Introduction] (570.05)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Authorizing the City Administrator to execute the Declaration of Construction and Operating Covenants and Reciprocal Easements by and between American Tradition LLC, RGC Santa Barbara Hotel, LLC, and the City of Santa Barbara, a Copy of Which is on File with the Parks and Recreation Department.

Action: Approved the recommendation; Proposed Ordinance (February 14, 2023 Council Agenda Report and any attachments).

3. Subject: Amendment to Position Salary Control Resolution 22-064 with Updates to Classification and Compensation for Certain Positions [Resolution] (410.06)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution 22-064, the Position Salary Control Resolution for Fiscal Year 2023, to Amend the Established Salary for Positions as Listed and Establish the Principal Architect Position. 02/14/2023 Santa Barbara City Council Minutes Page 3 of 8 Action: Approved the recommendation; Resolution No. 23-013 (February 14, 2023 Council Agenda Report and any attachments).

4. Subject: Adopt a Resolution of the Council of the City of Santa Barbara Supporting a Grant Application to the California Coastal Commission for Airport Sea-Level Rise Adaptation Plan [Resolution] (560.09) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Supporting a Grant Application to the California Coastal Commission for Airport Sea-Level Rise Adaptation Plan.

Action: Approved the recommendation; Resolution No. 23-014 (February 14, 2023 Council Agenda Report and any attachments).

5. Subject: Agreements for Franceschi Park, Skofield Park, and Hilda McIntyre Ray Park Resident Caretakers [Agreement] (570.05)
Recommendation: That Council:

A. Authorize the Parks and Recreation Director to execute a Caretaker Rental Agreement for Franceschi Park with Sarah Knowles, commencing March 1, 2023 through February 29, 2024;
B. Authorize the Parks and Recreation Director to execute a Caretaker Rental Agreement for Skofield Park with Kristin Bain, commencing March 1, 2023, through February 29, 2024; and
C. Authorize the Parks and Recreation Director to execute a Caretaker Rental Agreement for Hilda McIntyre Ray Park with Vincent Savelich, commencing March 1, 2023, through February 29, 2024.

Action: Approved the recommendations; Agreement Nos. 28,255; 28,256; and 28,257 (February 14, 2023 Council Agenda Report and any attachments).

6. Subject: Environmental Discretionary Approval to Improve Resiliency at the Cater Water Treatment Plant by Installing a Second Finished Water Reservoir (540.1)
Recommendation: That Council:

A. Determine that the Cater Reservoir Resiliency Project is exempt from the California Environmental Quality Act under Guidelines §15301 and §15302; and
B. Approve submission to the State Water Resources Control Board of the financial assistance application for the Cater Reservoir Resiliency Project 02/14/2023 Santa Barbara City Council Minutes Page 4 of 8 and direct the filing of a notice of exemption in compliance with California Environmental Quality Act Guideline §15062.

Action: Approved the recommendations; (February 14, 2023 Council Agenda Report and any attachments).

7. Subject: Set a Date for Public Hearing Regarding Single Family Design Board Approval for 1269 Ferrelo Road (640.07)
Recommendation: That Council:

A. Set the date of April 11, 2023, at 2:00 p.m. for hearing the appeal filed by Rose Wills, Charlie Boss, Derek Booth, and A. Michael Marzolla of the Single Family Design Board Project Design Approval. The proposal is for a substantial redevelopment of the existing non-conforming residence involving partial demolition for a new 3,699 square foot three-story residence conforming to the required setbacks with a 442 square foot garage. Project includes permitting the as-built conversion of floor area at the basement level to habitable, and additional improvements including removal of the existing driveway and curb cut to be replaced with a new curb cut and access bridge at the new garage location, new photovoltaic array infrastructure, a pool, and hardscape and landscape improvements throughout. The proposed total of 3,348 square feet on a 12,197 square foot lot is 84% of the maximum required floor-to-lot area ratio (FAR) (includes 50% floor area reduction for the partially below grade basement).

The property is adjacent to a historic resource in the English Vernacular style at 1277 Ferrelo Road; and
B. Set the date of April 10, 2023, at 1:30 p.m. for a site visit to the property located at 1269 Ferrelo Road.

Action: Approved the recommendations.

8. Subject: Set a Date for Public Hearing Regarding Appeal of Single Family Design Board’s Project Design Approval for 101 Santa Cruz Blvd (640.07) Recommendation: That Council:

A. Set the date of April 18, 2023, at 2:00 p.m. for hearing the appeal filed by Jorene Lopez and Jeffrey Yen of the Single Family Design Board’s Project Design Approval; and
B. Set the date of April 17, 2023, at 1:30 p.m. for a site visit to the property located at 101 Santa Cruz Blvd.

Action: Approved the recommendations.
02/14/2023 Santa Barbara City Council Minutes Page 5 of 8

CONSENT PUBLIC HEARING

9. Subject: Five-Year Measure A Local Program of Projects for Fiscal Years 2024 – 2028 Public Hearing [Resolution] (230.01)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the Five-Year Measure A Local Program of Projects for Fiscal Years 2024 – 2028.

Public hearing opened: 2:09 p.m.

Action: Approved the recommendations; Resolution No. 23-015 (February 14, 2023 Council Agenda Report and any attachments).

Public hearing closed: 2:10 p.m.

This concluded the Consent Calendar.

PUBLIC HEARING

10. Subject: Adoption of Resolution and Public Hearing Modifying the 2022 Management District Plan of the Santa Barbara South Coast Tourism Business Improvement District [Resolution] (290.00)
Recommendation: That Council:

A. Hold a final public hearing to modify the 2022 Santa Barbara South Coast Tourism Business Improvement Management District Plan and declare results of a majority protest proceeding; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Modifying the 2022 Management District Plan of the Santa Barbara South Coast Tourism Marketing Business Improvement District.

Documents:
- February 14, 2023 Council Agenda Report and any attachments. - PowerPoint Presentation prepared and made by staff.

Speakers:
- Staff: Senior Assistant to the City Administrator Brandon Beaudette - Members of the Public: None.

Public hearing opened: 2:11 p.m.

Discussion:
- Councilmembers’ questions were answered.
02/14/2023 Santa Barbara City Council Minutes Page 6 of 8 Public hearing closed: 2:15 p.m.

Motion:

Councilmembers Friedman/A. Gutierrez to approve the recommendation (Resolution No. 23-016).

Vote:

Unanimous roll call vote.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

11. Subject: Update on the De La Guerra Plaza Revitalization Project and Agreements for Architectural and Lighting Design Services [Agreement] (700.08)
Recommendation: That Council:

A. Authorize the Public Works Director to execute a City Professional Services Agreement with RRM Design Group in the amount of $865,088 for architectural and design services for the De La Guerra Plaza Revitalization Project; and
B. Authorize the Public Works Director to execute the First Amendment to the City’s Professional Services Agreement No. 22100065 with Ann Kale Associates in the amount of $65,599 for lighting design for the De La Guerra Plaza Revitalization Project.

Documents:
- February 14, 2023 Council Agenda Report and any attachments. - PowerPoint Presentation prepared and made by staff.

Speakers:
- Staff: Principal Project Manager Brad Hess.
- Consultant: RRM Design Group Landscape Architecture Principal Lief McKay.
- Members of the Public: None.

Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Sneddon/Harmon to approve the recommendation (Agreement Nos. 28,258 and 28,259).

Vote:

Unanimous roll call vote.
02/14/2023 Santa Barbara City Council Minutes Page 7 of 8

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. State Street Interim Operations Committee meeting; 2.

Homeless Ad Hoc Committee meeting; 3. Santa Barbara City College Umoja Mural artist talk; 4. Council retreat; 5. Historic Landmarks Commission (HLC) site visit; 6.

Sustainability Ad Hoc Committee; 7. Democratic Women event.

Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Santa Barbara Beautiful meeting; 2. Hope School Board meeting; 3. Democratic Women event on preventing violence; 4. Sustainability Committee meeting; 5. County Schools Superintendent luncheon; 6. Chamber of Commerce ribbon cutting for businesses at La Cumbre Plaza; 7. City Library Advisory Board meeting; 8.

Santa Barbara International Film Festival; 9. Homeless Ad Hoc Advisory Committee meeting.

Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. Santa Barbara International Film Festival; 2. Chamber of Commerce ribbon cutting for Mattress Mike’s; 3. Council retreat; 4. Bohnett Park Community Clean Up; 5. Chinese New Year Celebration at Santa Barbara City College;

5. E-Bike Safety Training Course at Santa Barbara City College; 6. Women and Girls Sports Luncheon; 7. Discussion re media inquiries of Councilmembers.

PUBLIC COMMENT (IF NECESSARY)

CLOSED SESSIONS

12. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is The Santa Barbara Apartment Association (SBAA), Inc., et al. v. COSB, et al. USDC Case No. 2:22-cv-01315-SK.

Scheduling: Duration 30 mins; anytime
Report: None anticipated
Document:
- February 14, 2023, report from the City Attorney
02/14/2023 Santa Barbara City Council Minutes Page 8 of 8 Time:
- 3:02 – 3:32 p.m.

No report made.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 3:32 p.m. in sad recognition of the Michigan State University tragedy.

Approved and adopted by the City Council of the City of Santa Barbara on March 7, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
01/12/2023 Santa Barbara City Council Minutes Page 1 of 6

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
JANUARY 12, 2023
DAVID GEBHARD ROOM, 630 GARDEN STREET, SANTA BARBARA,
CA 93101

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Mayor Rowse.

Councilmembers absent: Kristen W. Sneddon.

Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.

CITY ATTORNEY

1. Subject: Authorization for Telephonic Meeting and Attendance (120.09) Recommendation: That Council determine under California Government Code section 54953(e)(1)(B) that meeting in person would present an imminent risk to the health or safety of attendees due to conditions resulting from the recently declared severe weather emergency.

CHANGES TO THE AGENDA

EMERGENCY SERVICES AND PUBLIC WORKS DEPARTMENTS
01/12/2023 Santa Barbara City Council Minutes Page 2 of 6

2. Subject: Storm Report (520.02)
Recommendation: That Council receive a report from City Staff regarding recent rain event and response.

Speakers: Fire Chief Chris Mailes, Police Chief Kelly Gordon, Public Works Director Cliff Mauer, Emergency Services Manager Stacey Rosenberger.

Members of the Public: Eplanet Thunderstriker.

PUBLIC COMMENT
Members of the Public: Aron Ashland.

CONSENT CALENDAR (Items 3 – 11)
The titles of the Resolutions and Ordinances were read.

Motion:

Councilmembers Friedman/O. Gutierrez to approve the Consent Calendar as recommended.

Vote:

Unanimous roll call vote (Absent: Councilmember Sneddon).

3. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of December 13, 2022; and the special meetings of December 6, 2022 and December 13, 2022.

Action: Approved the recommendation.

4. Subject: Ratification of January 9, 2023 Local Emergency Declaration [Resolution] (520.02)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Ratifying the Declaration of Local Emergency Issued by the Director of Emergency Services on January 9, 2023.

Action: Approved the recommendations; Resolution No. 23-001; (January 12, 2023 Council Agenda Report and any attachments).
01/12/2023 Santa Barbara City Council Minutes Page 3 of 6

5. Subject: Allocation of Partial Payment for Destruction of Trees on Paterna Road [Resolution] (570.05)
Recommendation: That Council 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 Appropriate $200,000 from General Fund Reserves, and Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Parks and Recreation Department, Parks Division, Forestry Program in the amount of $200,000.

Action: Approved the recommendation; Resolution No. 23-002; (January 12, 2023 Council Agenda Report and any attachments).

6. Subject: Grant Agreement in the Amount of $525,000 with the California State Coastal Conservancy for the City of Santa Barbara Hazardous Fuels Mitigation Project [Resolution; Agreement] (520.03)
Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Fire Chief to enter into a Grant Agreement between the City and the California State Coastal Conservancy for the City of Santa Barbara Hazardous Fuels Mitigation Project; 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 Appropriate California Coastal Conservancy Grant Funds for the Fiscal Year 2023 Hazardous Fuels Mitigation Project.

Action: Approved the recommendations; Resolutions Nos. 23-003; 23-004; Agreement No. 28,236; (January 12, 2023 Council Agenda Report and any attachments).

7. Subject: November 2022 Investment Report (260.02)
Recommendation: That Council accept the November 2022 Investment Report.

Action: Approved the recommendation. (January 12, 2023 Council Agenda Report and any attachments).

8. Subject: Fiscal Year 2023 Interim Financial Statements for the Five Months Ended November 30, 2022 (250.02)
01/12/2023 Santa Barbara City Council Minutes Page 4 of 6 Recommendation: That Council accept the Fiscal Year 2023 Interim Financial Statements for the five months ended November 30, 2022.

Action: Approved the recommendation. (January 12, 2023 Council Agenda Report and any attachments).

9. Subject: Set a Date for Public Hearing Regarding Parks and Recreation Commission's Denial of Tree Removal (570.08)
Recommendation: That Council:

A. Set the date of March 21, 2023, at 2:00 p.m., for hearing the appeal filed by Douglas Tucker of the Parks and Recreation Commission's denial of tree removal; and
B. Set the date of March 20, 2023 at 1:30 p.m., for a site visit to the property located at 3775 Modoc Road.

Action: Approved the recommendation. (January 12, 2023 Council Agenda Report and any attachments).

10. Subject: Set a Date for Public Hearing Regarding Single Family Design Board's Project Design Approval and Final Approval for 229 Vista del Mar Dr (640.07)
Recommendation: That Council:

A. Set the date of March 7, 2023, at 2:00 p.m. for hearing the appeal filed by Julie Kayda, Jeff Harris, and Norman Gardner of the Single Family Design Board's Project Design Approval and Final Approval of a two-story 1,200 square foot detached Accessory Dwelling Unit (ADU), a 200 square foot covered deck, and a 200 square foot second floor deck, associated with an existing one-story 1,920 square foot single-unit residence with an attached 446 square foot garage, located in the Hillside Design District and Non-Appealable Jurisdiction of the City's Coastal Zone. The project also includes landscape screening. Staff Hearing Officer approval of a Coastal Development Permit was granted on March 23, 2022; and B. Set the date of March 6, 2023, at 1:30 p.m. for a site visit to the property located at 229 Vista del Mar Dr.

Action: Approved the recommendation. (January 12, 2023 Council Agenda Report and any attachments).

11. Subject: Withdrawal of the Single Family Design Board Appeal for 691 N Hope Ave (640.07)
01/12/2023 Santa Barbara City Council Minutes Page 5 of 6 Recommendation: The public hearing originally scheduled for January 24, 2023, at 2:00 p.m. to hear an appeal of the Single Family Design Review Board's approval for 691 N Hope Ave has been cancelled due to the withdrawal of the appeal. A City Council site visit originally scheduled for January 23, 2023 at 1:30 p.m. to the property located at 691 N Hope Ave, has been cancelled due to the withdrawal of the appeal.

Action: Approved the recommendation. (January 12, 2023 Council Agenda Report and any attachments).

This concluded the Consent Calendar.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

12. Subject: Proposed State Street Outdoor Business Facility Charge (530.01) Recommendation: That Council consider and provide final direction to City staff to establish a schedule for Outdoor Business Facility Charges for use of the public right-of-way on the State Street Promenade, including the 400 and 1300 blocks of State Street, and return to Council for adoption of a Resolution setting the Outdoor Business Facility Charges as recommended.

Documents:
- January 12, 2023 Council Agenda Report and any attachments - PowerPoint Presentation prepared and made by Public Works staff.

Speakers:
- Staff: Public Works Manager Brian Bosse, Public Works Director Cliff Maurer, Assistant City Attorney Daniel Hentschke, Downtown Plaza Parking Manager Sarah Clark.
- Members of the Public: Robin Elander; Leslie Hollis Lopez, Richard Yates, Patrick Casey
Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Friedman/Jordan to direct staff to return with a Resolution to amend the City’s fee schedule to implement the charge as described in Option 2, variable by design, with a May 2023 implementation date.

Vote:

Motion failed. (Noes: Councilmembers Harmon, O. Gutierrez, Mayor Rowse; Absent: Councilmembers Sneddon).
01/12/2023 Santa Barbara City Council Minutes Page 6 of 6 Motion:

Councilmember O. Gutierrez/Harmon to continue this item to be heard at a regular Council meeting.

Vote:

Motion failed. (Noes: Councilmembers A. Gutierrez; Friedman; Jordan;

Absent: Councilmembers Sneddon).

Motion:

Councilmember Friedman/ A. Gutierrez to direct staff to return with a Resolution to amend the City’s fee schedule to implement the charge as described in Option 2, variable by design, with a May 2023 implementation date.

Vote:

Majority roll call vote (Noes: Councilmember Harmon; O. Gutierrez; Absent:

Councilmembers Sneddon).

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Rowse adjourned the meeting at 4:52 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on March 7, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 7, 2023
TO: Mayor and Councilmembers
FROM: Field Operations, Police Department
SUBJECT: Accept and Spend Donation from the Santa Barbara Police Foundation for the Police Department Canine Unit and Appropriate Funds in Fiscal Year 2023 [Resolution]
RECOMMENDATION: That Council:

A. Accept a donation from the Santa Barbara Police Foundation with a value of $20,000 to purchase equipment and provide specialized training for the Police Department Canine Unit; 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 Accept a Gift of $20,000 from the Santa Barbara Police Foundation for Exclusive Use and Benefit of the Santa Barbara Police Department.

DISCUSSION:

The Santa Barbara Police Foundation has made a generous donation to the Police Department. The donation of $20,000 is for the purchase of equipment and training for the Santa Barbara Police Department Canine Unit. The purchase of additional equipment and training will allow for the Police Canines and Handlers to facilitate more effective patrol operations, leading to an increase in felt presence and better overall public safety.

BUDGET/FINANCIAL INFORMATION:

By accepting this donation, the Police Department will increase revenue and expenditure appropriations by $20,000 in the Miscellaneous Grants Fund in Fiscal Year 2023 budget for the Canine Unit.

PREPARED BY: Charles Katsapis, Commander
Agenda Item No. 3
File Code No. 520.04
Council Agenda Report
Accept and Spend Donation from the Santa Barbara Police Foundation for the Police Department Canine Unit and Appropriate Funds in Fiscal Year 2023 [Resolution] March 7, 2023

SUBMITTED BY: Kelly Gordon, Chief of Police
APPROVED BY: City Administrator's Office
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
ACCEPT A GIFT OF $20,000 FROM THE SANTA BARBARA

POLICE FOUNDATION FOR EXCLUSIVE USE AND

BENEFIT OF THE SANTA BARBARA POLICE

DEPARTMENT
WHEREAS, Government Code § 37354 permits the City Council of a City to accept or reject any gift, bequest or devise made to or for the City, or to or for any of its officers in their official capacity or in trust for any public purpose, and further empowers a City Council to hold and dispose of such property and the income and increase from the same for such uses as are prescribed in the terms of the gift, bequest, or devise; and WHEREAS, the Santa Barbara Police Department has been designated as recipients of a donation from the Santa Barbara Police Foundation; and WHEREAS, the City Council gives the authority to the Santa Barbara Police Department to accept the gift from the Santa Barbara Police Foundation; and WHEREAS, the Santa Barbara Police Department staff express their deep gratitude and appreciation to the Santa Barbara Police Foundation for this generous bequest and expression of support, and

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. The Council accepts a donation from the Santa Barbara Police Foundation.

2. The Council approves of the increase in revenue appropriation and expenditure appropriation of $20,000 in the Fiscal Year 2023 Police Department Miscellaneous Grants Funds for the Police Department Canine Unit.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 7, 2023
TO: Mayor and Councilmembers
FROM: Land Development Division, Airport Department
SUBJECT: Second Increase for Aviation Planning Services Contract for the Fixed Based Operator Redevelopment Project [Resolution; Agreement]
RECOMMENDATION: That Council:

A. Authorize an increase in the extra services amount with Jacobs Engineering Group Inc., for aviation planning services for the Fixed Base Operator Redevelopment Project, Contract No. 26,343, in the amount of $49,270, for a total project expenditure authority of $334, 896; 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 Appropriate Funds for Increase in Aviation Planning Services For the Fixed Based Operator Redevelopment Project.

DISCUSSION:

Background
On January 8, 2019, the City Council approved the professional services agreement with LeighFisher Inc. (now known as Jacob Engineering Group, Inc.) to proceed with the second phase of the Fixed Base Operator (FBO) Redevelopment Project. The airport currently has two FBOs: Signature Flight Support and Atlantic Aviation. These FBOs provide management services to the general aviation community and provide fueling services to the general, charter and commercial aviation industries. The FBO Redevelopment Project aimed to redefine the FBO property boundaries and leases at the Santa Barbara Airport (SBA) while considering the development of future facilities that FBOs would need to provide exceptional service to the aviation demand at SBA.

In 2019, the second phase of the FBO Redevelopment Project made progress on the development plan with outlining initial concepts of the leasehold property configuration and planning future infrastructure; the financial plan with modeling the estimated project revenues and expenditures as well as establishing financial goals; and lastly, the Agenda Item No. 4
File Code No. 560.04
Council Agenda Report
Second Increase for Aviation Planning Services Contract for the Fixed Based Operator Redevelopment Project [Resolution; Agreement]
March 7, 2023

business plan for assessing changes in the FBO and aviation industry to develop new FBO agreements. Although Jacobs Engineering Group, Inc. partially completed components of the second phase, in 2020, the COVID-19 pandemic caused a change in project direction to focus on more immediate changes in airport practices and airline studies, resulting in postponing the project until 2022. The Project needed to restructure the development, financial and business plans after being on hold for approximately two years to reevaluate the developmental concepts and reassess financial and business forecasts to align with current industry rates and operations.

On July 19, 2022, the City Council approved the first amendment to the professional services agreement with Jacobs Engineering Group, Inc. to proceed with reinitiating the project with restructured development, financial and business plans. While the consultant progresses on the deliverables of the restructured redevelopment project, SBA is preparing for the solicitation method for selecting prospective FBOs.

Current Status
Previously, SBA was going to present the development, financial and business plans to the current FBOs and directly begin negotiations for reestablishing lease agreements.

However, a formal Request for Proposals (RFP) solicitation process will now determine the selection of potentially new FBOs for the newly redeveloped lease agreements with SBA. The assistance in the preparation and execution of the RFP as well as an evaluation of the submitted proposals will require additional support from Jacobs Engineering Group Inc. The additional RFP support does not affect the current project completion date of June 30, 2023. The second amendment will also include the development of a business case analysis for the relocation of the existing airport administration building at 601 Firestone Road.

BUDGET/FINANCIAL INFORMATION:

Funding
The following summarizes the expenditures recommended in this report:

AVIATION PLANNING SERVICES CONTRACT FUNDING SUMMARY
Base
Contract
Change Order Total
Initial Contract Amount $220,000 $22,000 $242,000
Previous Increase $0 $43,626 $43,626
Proposed Increase $0 $49,270 $49,270
Total $220,000 $114,896 $334,896
Council Agenda Report
Second Increase for Aviation Planning Services Contract for the Fixed Based Operator Redevelopment Project [Resolution; Agreement]
March 7, 2023

If the recommendation is approved, the total aviation planning services contract expenditure authority will be increased to $334,896.

An appropriation of $49,270 from the Airport Operating Fund reserves, above Council policy, to the Airport Operating Fund is necessary to cover all remaining project costs with Jacobs Engineering Group, Inc. There will be sufficient expenditure appropriations in the Airport Operating Fund in Fiscal Year 2023 to fund the contract amendment.

ENVIRONMENTAL REVIEW
There is no requirement for environmental review because the project is a planning development study and will not result in construction demolition or alteration to the environment.

A copy of the agreement may be requested from the Airport Department for public review; please contact [email protected] to request a copy.

PREPARED BY: Sara Iza, Airport Development Manager/PD/mg SUBMITTED BY: Christopher Hastert, Airport Director
APPROVED BY: City Administrator’s Office
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

APPROPRIATE FUNDS FOR INCREASE IN AVIATION

PLANNING SERVICES FOR THE FIXED BASED

OPERATOR REDEVELOPMENT PROJECT
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; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
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. The Council approves of appropriating available reserve funds in the Airport Operating Fund in Fiscal Year 2023 in the amount of $49,270 to increase professional services contract in aviation planning services for the fixed based operator redevelopment project

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 7, 2023
TO: Mayor and Councilmembers
FROM: Administration, Library
SUBJECT: Sole Source Purchase Order for EnvisionWare Tablet Stations RECOMMENDATION:

That Council find it in the City’s best interest to waive the formal bid procedure as authorized by Municipal Code section 4.52.070 (L), Best Interest Waiver, and authorize the Library Director to execute a Purchase Order to EnvisionWare in the amount of $48,508 for purchase, delivery, and installation of three 6-tablet Hublet stations.

DISCUSSION:

Library users, and especially children, often want to access digital resources, such as educational games, learning apps, fun apps, e-books, audiobooks, and other digital resources. Santa Barbara Public Library (SBPL) has over 2,500 juvenile library card holders; many of which come to the Central and Eastside libraries to use their digital resources on library computers.

Hublet stations are specifically designed for library use. This means the tablets themselves are rugged, portable (children can take them anywhere throughout the library so long as they have a Wi-Fi connection), can connect to an integrated library system (ILS) for authentication and user permissions, and can be customized with educational apps for different age ranges for children. Hublet Smart Docking Stations are self-service solutions that allow Hublet tablets to be displayed, charged, loaned, and returned without any staff intervention for patron use. Each docking station contains 6 tablets. They are free-standing pedestal units that can be positioned anywhere where network ports are available. Hublets are Samsung Galaxy 2022 touch screen Wi-Fi-enabled 10.5” tablets that have purple ergonomic and protective covers. They run the Android operating system and can be customized by SBPL with controlled desktop views including pre-defined applications, files, and browser links. Patrons are not able to install applications or change the settings. SBPL Youth Services and/or technology staff would curate all the content Agenda Item No. 5
File Code No. 570.04
Council Agenda Report
Sole Source Purchase Order For EnvisionWare Tablet Stations March 7, 2023

for the Hublets based on user profiles created in the Hublet Manager, which is a cloudbased administration platform. Hublet Manager would be synchronized with SBPL’s ILS, Koha. Hublet Manager provides usage reports, allows locked access to only SBPL’s predetermined Wi-Fi networks, default language accessibility per tablet, and global app changes to the tablets from the Google Play Store. Smart Docking Stations keep tablets locked in a single location when they are not in use. The tablets will automatically disable themselves if a patron attempts to remove them from range of the SBPL’s Wi-Fi networks.

Purchasing the Hublet stations will empower children within SBPL’s community to engage with the library’s substantial and age-appropriate digital resources on their own time within Library locations. Children (or their parents) will check out Hublets on a first-come, firstserved basis for a predetermined amount of time. They will scan their library card into a Smart Docking Station’s integrated library card barcode reader, and then enter their PIN, or they could manually type in their barcode number and then enter their PIN. These options are identical to how patrons check out items with SBPL’s current self-check machines at Central and Eastside libraries. When the predetermined amount of time is up for the checkout period, the Hublet tablet will automatically tell the patron using it to return it to the Smart Docking Station. The patron will then put the tablet back into an open tray in the Station. Hublet stations would free library staff to assist more children and their parents with other questions. It would also free their time for developing and providing programming as well as performing other library-related tasks.

SBPL proposed the Hublet solution to the IT Technology Planning Committee on 11/17/22. All members unanimously approved it. The IT Executive Steering Committee also subsequently approved it. EnvisionWare is the only distributor in North America that provides Hublets. There are no other automated tablet solutions that can do the following:
- Stations automatically recharge the tablets when they are returned. - Stations automatically offer the tablet with the most charged battery to the next user.
- Hublet tablets operate for 10 hours on a single charge. - User-specific information is automatically wiped from tablets when they are returned to Smart Docking Stations.
- Photocatalytic coating on the tablets protects the tablets and those that use them by using regular light to destroy 99.9% of viruses, bacteria, and mould spores. - Globally deploy messages that appear on tablet home screens. This would allow SBPL to promote events, activities, or any other info.
- Automatic updates by EnvisionWare.
- Cloud-based administrative management panel for all tablets (a security-enabled MDM solution).

BUDGET/FINANCIAL INFORMATION:

The total cost for three Hublet Smart Docking Stations, with Hublet tablets, from EnvisionWare is $48,508. That includes the first year NextGen SaaS Cloud Management Council Agenda Report
Sole Source Purchase Order For EnvisionWare Tablet Stations March 7, 2023

Subscription and hardware warranty. Subsequent SaaS Cloud Management Subscription costs will be paid by the Library’s technology budget.

ATTACHMENT(S): 1. Quote from EnvisionWare

2. EnvisionWare sole-source provider letter
PREPARED BY: Alain Dussert, Library IT Supervisor
SUBMITTED BY: Jessica Cadiente, Library Director
APPROVED BY: City Administrator's Office
Quotation
US-76608
1/11/2023
This information is confidential and proprietary to EnvisionWare, Inc.

US-76608
1 Bill To TOTAL
Kathrin Rosenberger
City of Santa Barbara
40 E. Anapamu Street
Santa Barbara CA 93101
United States
$48,508.13
Quote Expires: 4/11/2023
Federal EIN Currency Terms Sales Rep
58-2424595 US Dollar 2% 10 Net 30 Days Fedor, George
Quotation Title Memo
TS-6 qty 3
Qty Item / Description Ship To Unit Price Amount
2 TS-6C BS
EnvisionWare Tablet Station - 6-Tablet Model
System consists of the Tablet Base Station with
Pedestal, software, (6) Samsung Galaxy 10.4 (2022)
SM-T505 Tablets with Secure Tablet Enclosures, first
year NextGen SaaS Cloud Management Subscription
and hardware warranty.
++Purchase commits to a 3-year subscription.
*! REQUIREMENTS !*
- Professional services implementation services
= RECOMMENDED =
- ILS Connection for patron validation
# OPTIONS #
- Pkg of (10) sellable headsets ( TS-ACC HS 10 )
Main $14,250.00 $28,500.00
1 TS-6C BS
EnvisionWare Tablet Station - 6-Tablet Model
System consists of the Tablet Base Station with
Pedestal, software, (6) Samsung Galaxy 10.4 (2022)
SM-T505 Tablets with Secure Tablet Enclosures, first
year NextGen SaaS Cloud Management Subscription
and hardware warranty.
++Purchase commits to a 3-year subscription.
*! REQUIREMENTS !*
- Professional services implementation services
= RECOMMENDED =
- ILS Connection for patron validation
# OPTIONS #
- Pkg of (10) sellable headsets ( TS-ACC HS 10 )
Eastside
Branch
$14,250.00 $14,250.00
Attachment 1
Quotation
US-76608
1/11/2023
This information is confidential and proprietary to EnvisionWare, Inc.

US-76608
2 Qty Item / Description Ship To Unit Price Amount
7 PS-HR-UM

ENVISIONWARE PROFESSIONAL SERVICES -
Consulting services at the hourly rate for customers
under maintenance.
- Quotations provide an estimate - actual time is billed. - The minimum charge is 1 hour.
- The minimum for an onsite hourly project is 8 hours per day plus the actual first and additional flat fee expense charges.
$195.00 $1,365.00
Subtotal $44,115.00
Freight charges are estimated; actual charges will be billed. Discount Send your purchase order or email confirmation to:

EMAIL: [email protected] | FAX: +1 678.382.6501
Freight $600.00
Standard terms and conditions apply: http://system.envisionware.com/terms Total Tax $3,793.13 PST-CA
Total $48,508.13
December 7, 2022
Mr. Alain Dussert
Library IT Supervisor
City of Santa Barbara, CA
Dear Mr. Dussert:

This letter is regarding EnvisionWare’s Tablet Station.

EnvisionWare is the sole provider of the Tablet Station, which is exclusively distributed and supported by our Company throughout North America.

The Tablet Station is designed specifically for public libraries and offers several unique features.

Patrons can self-checkout a tablet that will contain one of 3 unique profiles. This means that a child may checkout a tablet that contains games and other content appropriate for his or her age group but when an adult later checks out the same tablet it may contain materials more suited to older patrons.

The Tablet Station is well poised to serve public libraries with social distancing. As patrons checkout the devices for themselves they are free to roam your library and locate comfortable seating. Unlike desktop computers, patrons can self-distance anywhere in the library where your Wi-Fi is accessible.

The system validates to your ILS and uses the Enhanced SIP2 protocol. That protocol delivers the patron type information that is used to set profiles.

As a tablet is returned to the base station it is locked into place, reset to its default configuration, and all patron changes are removed, making it fresh and ready for the next user. The tablets hold a 10hour charge so one tablet can be used several times throughout the day. Naturally, as a tablet is inserted into the base it is immediately recharged.

The system monitors the status of each tablet and unlocks the most available tablet with the maximum charge. It clearly identifies itself as the ready unit by changing the color glow around the base. Tablets are packaged in secure, compact rubberized containers that protect against damage and serve to secure the tablets, their access ports that should not be used, and to support locking into the dock.

As an existing customer you already know about EnvisionWare’s commitment to support.

Attachment 2
EnvisionWare stocks spare parts in Columbus so that repairs can be affected quickly and efficiently.

The Tablet Station was unveiled at PLA in Nashville and is poised to become one of the most widely deployed self-service solutions in American libraries. Content from Libby, library databases and even the Library’s Technology or long-term plan or other information you wish to share with the public can be configured by you in your profiles. You can login to the web portal from the EnvisionWare Customer Center where you also download documentation for the product.

We appreciate your consideration of this unique solution. Please let me know if I can be of any further assistance.

Sincerely,
George Fedor
Sales Representative, Self Service Solutions 2

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 7, 2023
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department; City Attorney’s Office
SUBJECT: Contract for Water Resources Legal Services with Bartkiewicz, Kronick & Shanahan [Agreement]
RECOMMENDATION:

That Council authorize the Public Works Director and City Attorney to execute a contract with Bartkiewicz, Kronick & Shanahan for specialized as-needed legal services to support the Water Resources Division in an amount not-to-exceed of $250,000.

DISCUSSION:

The City of Santa Barbara’s (City) Water Resources Division has historically relied upon a combination of in-house and outside legal services. The City previously retained Bartkiewicz, Kronick & Shanahan (BKS) to provide specialized water law support for water rights issues on the Santa Ynez River, in particular implementation of the Upper Santa Ynez River Operations Agreement (commonly referred to as the Pass-through Agreement). For the last five years, the City Attorney’s Office has been able to provide these specialzed services in-house. However, through organizational and succession planning efforts within the City Attorney’s Office, it has been determined that provision of these necessary services in support of the Water Resources Division can be more efficiently accomplished through the use of outside counsel. Staff recommends retention of BKS at this time to assure smooth succession plan implementation.

BKS is familiar with the City’s One Water approach to the management of its water resources and specializes in all aspects of water rights, sustainable ground water management, and water enterprise systems. BKS has identified Mrs. Jennifer Buckman and Mr. Doug Coty as the primary attorneys available to support the needs of Water Resources. These two attorneys have significant experience throughout California and have served as both special and general counsel to public water and waste water systems. Services anticipated under this contract include: general water rights, enforcement of easement rights, utility rate and fee setting, project planning and permitting, and contract compliance. This is anticipated to be an as-needed contract for legal services with an amount not-to-exceed of $250,000. Services under the agreement Agenda Item No. 6
File Code No. 540.01
Council Agenda Report
Contract for Water Resources Legal Services with Bartkiewicz, Kronick & Shanahan [Agreement]
March 7, 2023

would be jointly managed by the City Attorney’s Office and Public Works Department, Water Resources Division.

BUDGET/FINANCIAL INFORMATION:

There are sufficient expenditure appropriations in the Adopted Water Fund Budget in Fiscal Year 2023 to fund the contract with BKS.

A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].

PREPARED BY: Joshua Haggmark, P.E., Water Resources Manager Daniel S. Hentschke, Assistant City Attorney
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director Sarah J. Knecht, City Attorney
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 7, 2023
TO: Mayor and Councilmembers
FROM: Risk Management, Finance Department
SUBJECT: Council Contract with Brower Law Group [Agreement] RECOMMENDATION:

That Council authorize an increase of $50,000 to Agreement No. 22200090, for a not-toexceed dollar amount from $100,000 to $150,000, between the City of Santa Barbara and Brower Law Group for a legal services agreement.

DISCUSSION:

The City submitted a first party claim for business interruption damages related to the Thomas Fire under its property insurance policy in April of 2019. In its claim, the City identified over $1.5 million in business interruption damages from several revenue sources, including downtown parking, golf, sales tax, TOT tax, among others. To date, the insurance company has denied the City’s demand for payment of these damages.

Approval of this request will result in the City contined legal service from Brower Law Group related to its first party claim for business interruption damages.

BUDGET/FINANCIAL INFORMATION:

Risk Management has adequate expenditure appropriation available in the FY2023 adopted budget to finance this contract for professional services.

A copy of the contract/agreement is available upon request to [email protected].

PREPARED BY: Mark Howard, Risk Manager
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
Agenda Item No. 7
File Code No. 210.01

CITY OF SANTABARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 7, 2023
TO: Mayor and Councilmembers
FROM: Housing and Human Services Division, Community
Development Department
SUBJECT: Ordinance Discussion Draft to Create the Housing Opportunities, Preservation, and Equity (HOPE) Fund Pursuant to Charter Section 1215
RECOMMENDATION:

That Council review draft Ordinance for discussion to create the Housing Opportunities, Preservation and Equity (HOPE) Fund and direct staff to return with revised Ordinance for introduction.

EXECUTIVE SUMMARY:

The establishment of a new housing fund was initiated by City Council at their meeting held on October 4, 2022, as a means of addressing the City’s housing crisis. The Housing Opportunities, Preservation, and Equity (HOPE) Fund will support a variety of housingrelated initiatives, including new development, acquisitions, and rehabilitations of real properties. The fund will also support programs and services that assist households with incomes that qualify for assistance and will focus, in particular, on meeting the needs of the local workforce and assisting people struggling to afford or maintain existing housing due to soaring costs.

DISCUSSION:

Proposal
The proposed ordinance would:
 Establish a new HOPE Fund supported by a variety of funding sources, including but not limited to: philanthropic donations, private foundation–based funding, grants, nonprofit organizational funding, charitable trusts’ and organizations’ donations, for-profit entity investments, private-equity funds, limited-equity housing cooperatives’ monies, venture capital, investment and portfolio funds, bond funds, fundraising proceeds, housing trust funds, community development banks, Agenda Item No. 8
File Code No. 660.04
Council Agenda Report
Ordinance Discussion Draft to Create the Housing Opportunities, Preservation, and Equity (HOPE) Fund Pursuant to Charter Section 1215
March 7, 2023

community housing grants, employer-sponsored funding, local business and employers’ donations, credit unions’ funding, land banks, property donations, property equity loans, the City’s General Fund, special tax measures, and private wills. At the discretion of the City Administrator, the fund may receive monies from other sources.
 Provide assistance to housing development corporations, for-profit and nonprofit organizations, and other governmental agencies to provide down payment assistance to owner-occupant buyers, tenant-based rental assistance contracts of up to two years that can be renewed upon Community Development Director approval, owner-occupied home repair assistance, payment of relocation expenses (including to individual households in emergency situations), payment of security deposits on rental units, and payment of rents in arrears to prevent displacements.
 Provide up to $250,000 of the fund balance to a legal-aid organization or other law firm offering significantly reduced rates to provide assistance to Lower Income Households with incomes up to 80 percent of Area Median Income (AMI) as determined by the U.S. Department of Housing and Urban Development (HUD) and amended from time to time, with legal representation for defense of their tenant rights (right to counsel).

Limitations
Eligible expenses will be restricted as described below:
 Monies deposited in the Fund must be used to increase, improve, or maintain the supply of affordable housing or provide certain approved affordable housingrelated programs and services. Depending on the source of funds, and other legal restrictions, use of the Fund monies should benefit households that reside within the City. Eligible Households shall be limited to households with maximum household incomes up to 200 percent of the AMI as determined by HUD and amended from time to time, which includes Upper-Middle, Middle, Moderate-, Low- , Very Low-, and Extremely Low-Income Households (“Eligible Households”).  Monies may also be used to cover the City’s purchase and resale of affordable housing units that are in default of the affordable control covenant recorded against that property.
 Up to 10 percent of the fund balance (annually, as of July 1) may be used in the following fiscal year on reasonable administrative expenses or expenses Council Agenda Report
Ordinance Discussion Draft to Create the Housing Opportunities, Preservation, and Equity (HOPE) Fund Pursuant to Charter Section 1215
March 7, 2023

associated with the administration of this Fund, including expenditures for program planning, project delivery costs, programs oversight, loan portfolio servicing, and compliance monitoring.

Terms
Funds will be provided according to the following terms:

Capital Expenses: low-interest, amortized loans (with favorable repayment terms up to 30 years) will be provided for new development, property acquisition, and/or rehabilitation of properties to increase and/or improve the supply of affordable housing. Depending on financial projections, this may include partial deferments, and/or balloon payments upon term expirations.

Covered expenses include property acquisition costs, pre-development costs, hard and soft construction costs, and escrow and title transfer fees. Monies may also be used to cover the City’s purchase and resale of affordable housing units that are in default of the affordable control covenant recorded against that property to ensure retention of affordable housing stock within the City.

Programmatic Expenses: grants will be provided directly to entities providing programs that have been approved by the City’s Community Development Director for services, including but not limited to: down payment assistance to owneroccupant buyers, tenant-based rental assistance contracts of up to two years that can be renewed upon Community Development Director approval, owneroccupied home repair assistance, payment of relocation expenses in urgent or emergency situations, payment of security deposits for leases, and payment of rents in arrears to prevent tenant evictions and/or displacements.

Right to Counsel: grants will be provided directly to legal-aid agencies or other law firms offering significantly reduced rates that offer representation to individual households that would otherwise not be able to afford legal defense in tenant issues potentially resulting in eviction or forfeiture of the tenant’s housing.

Administrative Expenses: charges to the fund for staff time spent to provide program planning, project delivery, program oversight, loans servicing, and compliance monitoring on capital projects with recorded restrictions shall be allowable expenses for up to 10 percent of the fund balance annually, as of July 1 of each year.

Council Agenda Report
Ordinance Discussion Draft to Create the Housing Opportunities, Preservation, and Equity (HOPE) Fund Pursuant to Charter Section 1215
March 7, 2023

Affordability Restrictions
City policy imposes a 90-year affordability period on all City-assisted affordable housing projects. In order to incentivize affordable workforce housing development for households with incomes between 120 percent (Moderate-Income) and 200 percent AMI (Upper Middle-Income), Capital Projects receiving HOPE Funds will be allowed to reduce the 90- year standard affordability period based upon the funding level as shown below:

Subsidy Amount (per unit)
Minimum period of
affordability in
years
Under $15,000 5
$15,000 to $40,000 10
Over $40,000 or rehabilitation involving refinancing 15 New Construction or acquisition of newly constructed
housing 20
Lower-Income Units (households with less than 80 percent AMI) will remain subject to the City’s 90-year affordability term requirements and shall comply with the policies set forth in the City’s Affordable Housing Policy and Procedures Manual. 1 Community Participation
In order to encourage community participation in raising funds to contribute to the HOPE Fund, the City will prioritize requests to match private donors’ contributions to projects and/or programs according to funding availability. In these instances, prior approval must be obtained from the Community Development Director for the City’s matching portion of funding. A receipt of the private funding donation will be required and verified by the City before the City’s funding will be disbursed. All City funding will be given directly to the project, program, or service approved. No City funding will be given to an individual and is required to be given to the entity owning the project or providing the program or service approved.

BUDGET/FINANCIAL INFORMATION:

On December 6, 2022, City Council approved a budget allocation of $2,883,548 from the City’s General Fund as initial funding towards the HOPE fund and $250,000 towards the “right to counsel” pilot program. Once the fund is established, staff will transfer the previously appropriated budget allocation into the fund. 1 https://santabarbaraca.gov/services/housing-human-services/affordable-housing Council Agenda Report
Ordinance Discussion Draft to Create the Housing Opportunities, Preservation, and Equity (HOPE) Fund Pursuant to Charter Section 1215
March 7, 2023

ATTACHMENT: HOPE Fund Ordinance Discussion Draft
PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
Discussion Draft
1 Attachment

HOUSING OPPORTUNITIES PRESERVATION & EQUITY (HOPE) FUND A. HOPE Fund. There is hereby established a separate City Affordable Housing Opportunities Preservation & Equity Fund (“Fund”) maintained by the City Finance Director. This Fund shall be comprised of a variety of sources of funding, including, but not limited to: philanthropic donations, private foundation-based funding, grants, non-profit organizational funding, charitable trusts and organizations donations, forprofit entity investments, private-equity funds, limited-equity housing cooperatives monies, venture capital, investment and portfolio funds, bond funds, fundraising proceeds, housing trust funds, community development banks, community housing grants, employer-sponsored funding, local business and employers donations, credit unions’ funding, land banks, property donations, property equity loans, the City’s General Fund, special tax measures, private wills, and may, at the discretion of the City Administrator, also receive monies from other sources. Private matching funding sources are encouraged on all programs and/or projects and are to be given directly to the HOPE Fund project or program recipients.

B. Purpose and Limitations. Monies deposited in the Fund must be used to increase, improve, or maintain the supply of housing or provide certain housing-related programs and services as set forth in Section D below. Depending on source of funds, and other legal restrictions, use of the Fund monies should benefit households that reside within the City of Santa Barbara. Eligible households shall be limited to households with maximum household incomes up to 200 percent of Area Median Income (AMI) as determined by the U.S. Department of Housing and Urban Development (“HUD”) and amended from time to time, which includes Upper-Middle, Middle, Moderate-, Low-, Very Low-, and Extremely Low-Income Households (“Eligible Households”). Fund monies may also be used to cover the City’s purchase and resale of affordable housing units that are in default of the affordable control covenant recorded against that property.

C. Administration. The Fund shall be administered by the Community Development Director, who may develop procedures to implement the purposes of the Fund consistent with the requirements of this ordinance and any adopted budget of the City.

D. Expenditures. Fund monies shall be used in accordance with the City’s Housing Element, and the City’s Affordable Housing Policies and Procedures (only applicable to Lower Income Housing), or subsequent plan adopted by the City Council to construct, rehabilitate, or subsidize affordable housing or assist other governmental entities or private organizations to do so. The Fund may be used for the benefit of both rental and owner-occupied housing.

Permissible uses shall fall within four categories: 1) Capital Expenses, 2) Programmatic Expenses, 3) Right to Counsel costs, and 4) Administrative Expenses, as follows:
1) Capital Expenses: assistance to housing development corporations, for-profit and non-profit organizations, and other governmental agencies with equity participation loans, pre-home ownership co-investment, pre-development loan funds, participation leases or other publicprivate partnership arrangements to build, buy (including long-term leases that are at least 10 Discussion Draft
2 Attachment
years or more), and/or rehabilitate housing for rent or ownership; or for other reasonable and necessary expenses related to the development of non-luxury housing, including site acquisition or improvement, demolition of dilapidated housing to make way for affordable housing development, local impact fees, environmental reviews, planning, design and architectural fees, and unavoidable time delay costs (“Capital Projects”).
2) Programmatic Expenses: assistance to housing development corporations, for-profit and nonprofit organizations, other governmental agencies to provide down-payment assistance to owneroccupant buyers, tenant-based rental assistance contracts of up to 2 years that can be renewed upon Community Development Director approval, owner-occupied home repair assistance, payment of relocation expenses (including to individual households in emergency situations), payment of security deposits on rental units, and payment of rents in arrears to prevent displacements.
3) Right to Counsel: up to $250,000 of the Fund balance shall be provided directly to legal-aid or other law firms offering significantly reduced rates to assist Lower Income Households with incomes up to 80 percent of Area Median Income (AMI) as determined by the U.S.

Department of Housing and Urban Development (“HUD”) and amended from time to time, on costs associated with legal expenses to represent Eligible Households for defense of their tenant rights.
4) Administrative Expenses: up to 10 percent of the Fund balance as of July 1 annually is allowed to be used in the following fiscal year on reasonable administrative or related expenses associated with the administration of this Fund, including expenditures for program planning, project delivery costs, programs oversight, loan portfolio servicing, and compliance monitoring.

E. Funding Terms. Funds will be provided according to the following terms:
1) Capital Expenses: low-interest, amortized loans with favorable repayment terms up to 30 years will be provided for new development, property acquisition, and/or rehabilitation of properties to meet the purposes of Section B above. Depending on financial projections, this may include partial deferments, and/or balloon payments upon term expirations. Covered expenses include property acquisition costs, pre-development costs, hard and soft construction costs, and escrow and title transfer fees. Monies may also be used to cover the City’s purchase and resale of affordable housing units that are in default of the affordable control covenant recorded against that property to ensure retention of affordable housing stock within the City. 2) Programmatic Expenses: grants will be provided directly to entities providing programs that have been approved by the City’s Community Development Director for the following services: downpayment assistance to owner-occupant buyers, tenant-based rental assistance contracts of up to 2 years that can be renewed upon Community Development Director approval, owner-occupied home repair assistance, payment of relocation expenses in urgent or emergency situations, payment of security deposits for leases, and payment of rents in arrears to prevent tenant evictions and/or displacements.
3) Right to Counsel: grants will be provided directly to legal-aid foundations or other law firms that provide substantially reduced rates that offer representation to individual households that would Discussion Draft
3 Attachment
otherwise not be able to afford legal defense in tenant issues that would result in eviction or forfeiture of the tenant’s housing.
4) Administrative Expenses: charges to the Fund for staff time spent to provide program planning, project delivery, program oversight, loans servicing, and compliance monitoring on capital projects with recorded restrictions shall be allowable expenses for up to 10 percent of the Fund balance annually, as of July 1 of each year.

F. Affordability Restrictions. City policy imposes a 90-year affordability period on City-assisted affordable housing projects. In order to incentivize affordable workforce housing development for households with incomes between 120 percent (Moderate-Income) and 200 percent AMI (Upper Middle-Income), Capital Projects assisted with HOPE Funds will be allowed to reduce the 90-year standard affordability period based upon the funding level to the following number of years:

Subsidy Amount (per-unit)
Minimum period of
affordability in years
Under $15,000 5
$15,000 to $40,000 10
Over $40,000 or rehabilitation involving refinancing 15 New Construction or acquisition of newly constructed housing 20 Lower-Income Units (households with incomes less than 80% AMI) will remain subject to the City’s 90- year affordability term requirements and shall comply with the policies set forth in the City’s Affordable Housing Policy and Procedures Manual.

G. Community Participation. To encourage community participation in contributing to the Fund for the purposes listed in Section B above, the City will prioritize requests to match private donors’ contributions to projects and/or programs according to funding availability. In these instances, prior approval must be obtained from the Community Development Director for the City’s matching portion of funding. A receipt of the private funding donation will be required and verified by the City before the City’s funding will be disbursed. All City funding will be given directly to the project, program, or service approved. No City funding will be given to an individual and is required to be given to the entity owning the project or providing the program or service approved.

H. Community Development Director’s Annual Report. The Community Development Director, with the assistance of the City Finance Director, shall report annually to the City Council on the status of activities undertaken with the Fund. The report shall include a statement of income, expenses, disbursements, and other uses of the Fund.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: Tuesday, March 7, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Appeal of the Single Family Design Board’s Project Design Approval and Final Approval of Development at 229 Vista Del Mar Drive RECOMMENDATION: That Council:

A. Consider the appeal of Julie Kayda, Jeff Harris, and Norman Gardner of the Single Family Design Board’s Project Design Approval and Final Approval of a development associated with an existing single-unit residence at 229 Vista Del Mar Drive; and
B. Direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal.

EXECUTIVE SUMMARY:

On November 30, 2022, the Single Family Design Board (SFDB) granted Project Design Approval and Final Approval to construct a new two-story, detached Accessory Dwelling Unit (ADU). The project includes a second-floor deck that faces south and east, new landscaping, and site improvements.

On December 8, 2022, Julie Kayda, Jeff Harris, and Norman Gardner filed an appeal of the SFDB’s approvals. The appellants’ letter notes the Board’s split opinion (3/2, motion carried) and asserts that the project does not meet the SFDB Guidelines and required findings for the Neighborhood Preservation Findings and Hillside Design District and Sloped Lot Findings with specific concerns about Public Views, Good Neighbor Guidelines, and privacy. See (Attachment 1 – Appellant Letter).

The City Council will decide the appeal based upon the information provided to the Single Family Design Board. The Council’s purview is limited to the design of the ADU and the site improvements addressing neighborhood compatibility.

Agenda Item No. 9
File Code No. 640.07
Council Agenda Report
Appeal of the Single Family Design Board’s Project Design Approval and Final Approval of Development at 229 Vista Del Mar Drive
March 7, 2023

New evidence should not be considered unless the City Council determines that relevant evidence exists that could not have been produced or was improperly excluded from the Single Family Design Board’s review.

DISCUSSION:

Project Description
The subject parcel is currently developed with an existing 1,920-square-foot, single-story, single-unit residence with an attached 446-square-foot, two-car garage.

The project proposes to construct a 1,200-square-foot, two-story, detached Accessory Dwelling Unit (ADU) with a 200-square-foot, first-floor patio and a 200-square-foot, secondfloor deck. The proposal also includes new permeable and impermeable site areas, six-foot vertical cedar fencing, and new landscaping featuring six new trees and perimeter planting.

The proposed total of 3,566 square feet of development on a 27,230-square-foot lot is 75 percent of the maximum guideline floor-to-lot area ratio (FAR).

Additional Site Information
Parcel Number: 047-061-023
Zoning: E-3/S-D-3 (One-Family
Residence/Coastal Overlay) Non-Appealable
Juridiction
Lot Area: 0.63 acres/27,443 sq. ft. Coastal Land Use Plan: Maximum three dwelling units per acre
Existing/Proposed Use: Single Family Special Design District: Hillside Design District
Topography:39 percent High Fire Area: Coastal High Fire Hazard Area
All Adjacent Land Uses: Single Family (E-3/S-D-3)
Project Background and Processing
Falling Under State ADU Regulations
Initially, this project was exempt from discretionary design review under California Government Code 65852.21. At the time, the City’s adopted inland ADU regulations were not in effect in the coastal zone because they had not yet been certified by the California Coastal Commission (CCC). The proposed two-story ADU was, therefore, only subject to review and approval of a Coastal Development Permit (CDP) by the Staff Hearing Officer 1 The ADU’s second-story deck is not considered integral to the ADU and was determined to be subject to design review; however, staff identified that the deck was eligible for administrative design review and approval.

Council Agenda Report
Appeal of the Single Family Design Board’s Project Design Approval and Final Approval of Development at 229 Vista Del Mar Drive
March 7, 2023

(SHO) and did not require a public hearing. The project received its necessary CDP approval from the SHO on March 23, 2022, and the applicant subsequently submitted a building permit application to pursue construction. The SHO’s action was a final action by the City and could not be appealed, despite neighbor interest. (See Attachment 2 – SHO Resolution.)
On April 6, 2022, the CCC determined that the City’s ADU Ordinance was legally adequate and effective in the Coastal Zone. All approved ADU CDPs had a 60-day grace period to obtain an issued building permit before being subject to the new City regulations. The applicant was informed early in the process that once the ADU regulations were extended to the coastal zone, the proposed two-story height of the ADU would be subject to discretionary design review2. The project did not obtain an issued building permit within the allowable timeframe.

To continue entitlement, the applicant resubmitted for discretionary SFDB design review.

This marked the first time that the project would be subject to a public hearing, thus, creating a forum for neighbors to express their input before the SFDB3.

Appeal Issues
On December 8, 2022, Julie Kayda, Norman Gardner, and Jeff Harris filed an appeal of the SFDB’s granting of Project Design Approval and Final Approval for the proposed development. Specific appeal issues and responses are identified below.

1. Single Family Design Board, Hillside Design & Sloped Lot, and Good Neighbor Guidelines & Required Findings
In general, the appellants contend that the design is not compatible with the neighborhood and poses consistency issues with the Single Family Residence Design Guidelines (guidelines)4 (Attachment 3 – Single Family Residence Design Guidelines), ultimately impacting the SFDB’s ability to make the required Neighborhood Preservation Findings and Hillside Design District and Sloped Lot Findings (Attachment 4 – SFDB Required Findings). The guidelines are intended to help design structures that are compatible with the neighborhood, preserve visual resources, and promote sustainability.
2 A project does not meet the ministerial design criteria if the existing primary residence is one-story and an ADU is proposed to be two stories.
3 Planning staff granted a substantial conformance determination as the resubmitted plans substantially conformed with the plans that received approval from the SHO. 4 Single Family Residence Design Guidelines [Compatibility Guidelines; Two-Story Design Concepts; Hillside Housing Design Guidelines (Natural Surroundings, Height and Proportions, Apparent Height, Grading, Grading for Driveways, Architectural Features, Neighborhood Compatibility); Good Neighbor Guidelines & Tips.]
Council Agenda Report
Appeal of the Single Family Design Board’s Project Design Approval and Final Approval of Development at 229 Vista Del Mar Drive
March 7, 2023

Moreover, the guidelines recommend design choices that limit impacts to neighbors and ensure projects are sensitive with respect to placement and architectural appearance. The Good Neighbor Guidelines provide ideas for maintaining good relations with neighbors when proposing development.

The SFDB is tasked with ensuring that single-family development is compatible in design and material, and in size, bulk, and scale with the surrounding neighborhood.

To minimize the overall mass of the project, the ADU is in close proximity (4’-6” separation at eaves) to the primary residence, suggesting a single, unified structure from the street. The style is in keeping with the architectural detailing and color of the existing residence.

On November 30, 2022, the SFDB found the size, bulk, and scale including the twostory ADU commensurate with other residences in the neighborhood. The surrounding neighborhood along Vista Del Mar Drive includes a mix of one- and two-story residences. With respect to the siting, the Board commented that locating the proposed design in the middle of the lot was appropriate, given that it did not cut into the existing hillside. The Board noted in their motion that the proposed structure and grading is appropriate to the site, and the project was designed to avoid visible scarring to the hillside at the rear of the lot (Hillside Design & Sloped Lot Guidelines).

Furthermore, they commented that the project complies with Good Neighbor Guidelines and that the siting was appropriate for the southerly neighbor as pushing the development toward the rear of the lot would have impacted the private mountain views from 235 Vista Del Mar Drive. (See Attachment 5 – Approved Drawings and Attachment #5 – SFDB Meeting Minutes.)

2. Height, Size, and FAR
SBMC Title 28 regulates height. The maximum height for the approved ADU is twostories and 30-feet per the parcel's base zone designation and zoning code development standards. The approved project responded to the SFDB’s comments regarding the request to reduce height and continuously lowered ridge height and first- and secondstory plate heights with each presented design iteration.

SBMC Title 28 regulates ADU square footage. The maximum square footage allowed for the ADU is 1,200 square feet net, not including decks and patios.

The floor-to-lot area ratio (FAR) is a requirement in the SBMC for a home more than one-story, or taller than 17 feet in height, on lots smaller than 15,000 square feet in size in residential single unit (RS) zones. On lots greater than 15,000 square feet, FAR is used as a guideline rather than a requirement. The project’s proposed total of 3,566 square feet of development on a 27,230-square-foot lot is 75 percent of the maximum guideline floor-to-lot area ratio (FAR).

Council Agenda Report
Appeal of the Single Family Design Board’s Project Design Approval and Final Approval of Development at 229 Vista Del Mar Drive
March 7, 2023

The guideline encourages development not to exceed 85 percent FAR. The appellants contend that the FAR should not include the portion of the lot along the hillside as part of the calculation; however, the FAR calculation is standardized for all projects, and does not exclude areas that are less desirable or ideal for development.

Ultimately, the SFDB determined that the proposed development is compatible with the neighborhood in size, bulk, and scale.

3. Coastal High Fire Hazard Zone and Standard ADU Development Standards The appellants assert that construction of the ADU may result in environmental hazards associated within a high fire hazard area. The proposed development is in the coastal high fire hazard zone and subject to standard building permit requirements such as site investigations, project-specific engineering, and building and fire code compliance. In addition, this project must comply with high fire landscaping requirements. The appellants also asserted that the project impacted protected public scenic vistas; however, the site is not located on a coastal bluff, does not contain public scenic views, and is not in an identified cone of view identified for scenic resources.

Design Review
The project was reviewed by the SFDB on three occasions: September 20, 2022, October 24, 2022, and November 30, 2022. The project was modified several times in response to comments by the SFDB, and to address some of the design concerns of the neighbors.

The Board requested that the applicant reduce the proposed plate heights, study reducing the size of the second floor of the ADU or reduce the size of the ADU, study incorporating or attaching to the existing primary residence5, and provide additional screening from the street. In addition, the Board asked the applicant to study a more compatible roof, both in pitch and in the nature of the roof, e.g., gable versus hip roof.

At the October 24th, 2022, hearing, the applicant presented a revised project with lowered ridge (roof) heights, a reduction to the first- and second-story plate heights, and updates to the massing, shifting the second floor away from the front southerly property lines. The applicant also added trees and landscaping to provide screening at the front of the property to minimize the view of the ADU from the street.

At the second hearing, the Board was still not ready to grant Project Design and Final Approval.
5 ADU regulations mandate that the floor area of an attached standard ADU may not exceed 50% of the existing livable floor area of the primary unit. An attached ADU at this location would be capped at approximately 960 square feet. By proposing a detached ADU, the applicant may propose a maximum size of 1,200 square feet.

Council Agenda Report
Appeal of the Single Family Design Board’s Project Design Approval and Final Approval of Development at 229 Vista Del Mar Drive
March 7, 2023

They noted that the proposed size, bulk, and scale are still out of proportion with the existing home. Although the Board appreciated the roof lines matching the existing home and the structure matching the materials of the primary residence, they directed the applicant to study relocating the ADU farther back on the property to minimize the view from the street.

Their motion requested that the applicant study reducing the second story so the scale of the second floor ties in better with the existing home and so that it blends in with the existing neighborhood. They also asked the applicant to study lowering the plate heights and study the size and shape of tree selection to be larger in the front and more column-like along the property line to improve the screening for adjacent neighbors.

Drawings presented
on 9/20/2022
Drawings presented
on 10/24/2022
Drawings approved
on 11/30/2022
Ridge (Roof) Height = 24’ – 8” Ridge (Roof) Height = 22’ Ridge (Roof) Height = 21” – 6” 1 st Floor Plate Height = 10’ 1st Floor Plate Height = 9’ 1st Floor Plate Height = 8’ – 6” 2 nd Floor Plate Height = 9’ 2nd Floor Plate Height = 9’ 2nd Floor Plate Height = 9’ The table above identifies volume, bulk, massing, and scale changes reflected in revised drawings between each SFDB hearing.

On November 30, 2022, the applicant presented a project with lowered ridge height, a reduction to the first- and second-story plate heights, and additional landscaping for screening. The SFDB granted Project Design Approval and Final Approval with a condition and made the required findings (3/0/2).

The Board remarked that the proposed development will enhance the appearance of the neighborhood since the ADU site is set back from the front of the property, and several similar multi-level residences already exist throughout the neighborhood area6. They qualified that the structure is compatible with the neighborhood in its size, bulk, and scale, given that it is set back as far as possible. If moved closer to the bluff side, the ADU would be more visible and not be acceptable to the southerly neighbor7. They determined the project complies with the Good Neighbor Guidelines regarding privacy screening, additional landscaping, noise, lighting, and appreciated the applicant maintaining the adjacent southerly neighbor’s private mountain views8.
6 See drawings, Sheets A0.06 – A0.08 Neighborhood Study of Properties with Two-Story Elements. 7 In a public comment letter dated November 30, 2022, the neighbor to the south, located at 235 Vista del Mar Drive, requested that the ADU not be moved further back from the street because doing so would substantially diminish his mountain views.
8 See drawings, Sheet A1.21 Proposed Site Plan, identifying an existing retaining wall, proposed fence, proposed hedge, and existing and proposed trees to provide screening of the ADU.

Council Agenda Report
Appeal of the Single Family Design Board’s Project Design Approval and Final Approval of Development at 229 Vista Del Mar Drive
March 7, 2023

The SFDB made the Hillside Design District and Sloped Lot findings noting that the development including the proposed structures and grading is appropriate to the site and designed to avoid visible scarring and significant modification to the topography9.

The SFDB added a condition to provide standard tree protection measures during construction for the existing Chinese Elm tree, and other trees both existing and proposed.

In-kind tree replacement would be required for any tree that does not survive.

ENVIRONMENTAL REVIEW:

Staff has determined that the project qualifies for an exemption from further environmental review under Section 15303 (New Construction or Conversion of Small Structures Facilities) of the California Environmental Quality Act (CEQA) Guidelines, which allows for construction of a second dwelling unit in a residential zone. The project is not located in any visually, biologically, or archaeologically sensitive overlay areas and no reports were required for environmental review. Additionally, none of the exceptions to the exemption under CEQA Guidelines Section 15300.2 apply.

BUDGET/FINANCIAL INFORMATION:

There is no anticipated budgetary or financial impact associated with the project.

CONCLUSION:

Staff recommends that City Council consider the Single Family Design Board’s approvals of the project. If the City Council chooses to uphold the Single Family Design Board’s approvals of the project and deny the appeal, the findings identified in (Attachment 5) are required. If City Council cannot make the required findings, Council may uphold the appeal and state the reasons that the required findings cannot be made. Staff also recommends that Council direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal.

ATTACHMENTS: 1. Appellant Letter

2. SHO Resolution for CDP Approval

3. Single Family Residence Design Guidelines

4. SFDB Neighborhood Preservation Findings, Hillside Design District & Sloped Lot Findings

5. Approved Drawings

6. SFDB Meeting Minutes Dated September 20, 2022,
October 24, 2022, and November 30, 2022
9 Siting the ADU further east on the parcel would move the structure away from the front property line but closer to the hillside causing more of a visual impact when viewed from Alan Road below.

Council Agenda Report
Appeal of the Single Family Design Board’s Project Design Approval and Final Approval of Development at 229 Vista Del Mar Drive
March 7, 2023

PREPARED BY: Holly Lynn Garcin, Assistant Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
ATTACHMENT 1

City of Santa Barbara
California

CITY OF SANTA BARBARA STAFF HEARING OFFICER
RESOLUTION NO. 007-22
229 VISTA DEL MAR LANE

COAST AL DEVELOPMENT PERMIT
MARCH 23, 2022
229 VISTA DEL MAR, ZONE: E-3/S-D-3 (ONE-FAMILY RESIDENCE/COASTAL OVERLAY), LAND USE PLAN DESIGNATION: SINGLE FAMILY (MAX 3 DWELLING UNITS/ACRE), APN: 047-061-023, PLN2021-00474, APPLICANT / OWNER: KEVIN MOORE I 229 VISTA DEL MAR LLC
The Staff Hearing Officer approval decision on a Coastal Development Permit (CDP2022-0000I) to allow the proposed development in the Non-Appealable Jurisdiction of the City's Coastal Zone (SBMC §28.44.060). The project consists of a proposal to construct a new 1,200-square-foot, two-story detached Accessory Dwelling Unit (ADU) in the side yard of the lot, pursuant to California Government Code §65852.2. The subject parcel is currently developed with a 1,920-square-foot single-story residence with an attached two-car garage, which is proposed to remain. The 27,443-square-foot lot is located in the Non-Appealable jurisdiction of the Coastal Zone with a Coastal Land Use Plan Designation of Low Density Residential (max. 3 dwelling units per acre), and is zoned E-3/S-D-3 (One-Family Residence/Coastal Overlay).

Pursuant to Santa Barbara Municipal Code §28.44.110, when a proposed development involves the addition of an Accessory Dwelling Unit to an existing single-family residence, the application shall be reviewed by the Staff Hearing Officer without a public hearing in accordance with subdivision (j) of Government Code Section 65852.2. The Staff Hearing Officer shall not issue a decision on the application until at least ten (10) calendars days after notice has been provided to the public. The Staff Hearing Officer may receive and consider written comments from the public, but without a public hearing. The announced decision will be the final action of the City.

WHEREAS, the Staff Hearing Officer announced the above application.

I. Staff Report with Attachments, March 17, 2022.

2. Site Plans

3. Correspondence received in support of the project:
a. Kevin Moore, Santa Barbara, CA 93109

4. Correspondence received in opposition to or with concerns on the project:
a. Anthony Chaves, Santa Barbara, CA 93109
b. Jennifer and Norman Gardner, Santa Barbara, CA 93109 c. Cameron Porter, Santa Barbara, CA 93109
d. Erich Fock, Santa Barbara, CA 93109
e. Haig Fisher, Santa Barbara, CA 93109
ATTACHMENT 2
STAFF HEARING OFFICER RESOLUTION No. 007-22
229 VISTA DEL MAR DRIVE
MARCH 23, 2022
PAGE2
f. Paul Margolis, Santa Barbara, CA 93109
g. Daryl & Jo Ann Metzger, Santa Barbara, CA 93109
h. Paula Firth, Santa Barbara, CA 93109

1. Linda Ness, Santa Barbara, CA 93109
J. Ann Marx, Santa Barbara, CA 93109
k. Dan & Ramona Escobar, Santa Barbara, CA 93109

1. Jennifer Forbes, Santa Barbara, CA 93109
m. Libby McLaughlin, Santa Barbara, CA 93109
n. Cheryl & Michael McRae, Santa Barbara, CA 93109
o. Juliana & Ed Kayda, Santa Barbara, CA 93109
p. Susan Brodie, Santa Barbara, CA 93109
q. Margaret Holt, Santa Barbara, CA 93109
r. Krista Hauser, Santa Barbara, CA 93109
s. Maureen Braun, Santa Barbara, CA 93109
t. Kimberly & Jeff Harris, Santa Barbara, CA 93109
u. Sal & Ruth Bourquin, Santa Barbara, CA 93109
v. Ben & Naomi Bollag, Santa Barbara, CA 93109
w. Laura Nanna, Santa Barbara, CA 93109
x. Sabine Steinhardt & James McMath, Santa Barbara, CA 93109 NOW, THEREFORE BE IT RESOLVED that the City Staff Hearing Officer:

I. Approved the subject application, making the following findings and determinations:

A. The Accessory Dwelling Unit project is consistent with the policies of the California Coastal Act, as described in section VI of the staff report. The proposal will not result in any adverse effects related to coastal resources, including public views, public access to the coast, and coastal bluff erosion. The proposed development is located within an existing developed area that is able to accommodate it, and both parking and open space minimum requirements will be maintained for the primary residence.

B. The Accessory Dwelling Unit 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, as described in section VI of the· staff report. The proposed Accessory Dwelling Unit is compatible with neighborhood development, will not impact any public views or public access to the coast, and is not located on a coastal bluff or any visual, biological, or archaeological sensitive area.

STAFF HEARING OFFICER RESOLUTION No. 007-22
229 VISTA DEL MAR DRIVE
MARCH 23, 2022
PAGE3
II. Said approval is subject to the following Conditions of Approval:

In consideration of the project approval granted by the Staff Hearing Officer and for the benefit of the owners and occupants of the Real Property, the owners and occupants of adjacent real property and the public generally, the following terms and conditions are imposed on the use, possession, and enjoyment of the Real Property:

A. General Conditions.

I. Approved Development. The development of the Real Property approved by the Staff Hearing Officer on March 23, 2022 is limited to the Accessory Dwelling Unit and the improvements shown on the plans signed by the Staff Hearing Officer on said date and on file at the City of Santa Barbara.

2. Uninterrupted Water Flow. The Owner shall allow for the continuation of any historic flow of water onto the Real Property including, but not limited to, swales, natural watercourses, conduits and any access road, as appropriate.

3. Areas Available for Parking. All parking areas and access thereto shall be kept open and available in the manner in which it was designed and permitted.

4. Future City ADU Ordinance. This Accessory Dwelling Unit (ADU) has been approved pursuant to regulations contained within Government Code §65852.2.

Owner acknowledges that a new City Ordinance governing ADUs in the coastal zone is currently pending final approval by the Coastal Commission. Once the City's ADU Ordinance is approved by the Coastal Commission, the grace period to issue a building permit for projects approved under the Government Code will apply; approval of the subject Coastal Development Permit does not supersede that timeline.

5. Compliance with Requirements. All requirements of the city of Santa Barbara and any other applicable requirements of any law or agency of the State and/or any government entity or District shall be met. This includes, but is not limited to, the Endangered Species Act of 1973 [ESA] and any amendments thereto (16 U.S.C. § 1531 et seq.), the 1979 Air Quality Attainment Plan, and the California Code of Regulations.

6. Approval Limitations.
a. The conditions of this approval supersede all conflicting notations, specifications, dimensions, and the like which may be shown on submitted plans.
b. All buildings, roadways, parking areas and other features shall be located substantially as shown on the plans approved by the Staff Hearing Officer. c. Any deviations from the project description, approved plans or conditions must be reviewed and approved by the City, in accordance with the Planning Commission Guidelines. Deviations may require changes to the STAFF HEARING OFFICER RESOLUTION NO. 007-22
229 VISTA DEL MAR DRIVE
MARCH 23, 2022
PAGE4
permit and/or further environmental review. Deviations without the above-described approval will constitute a violation of permit approval.

7. Litigation Indemnification Agreement. The Applicant/Owner hereby agrees to defend the City, its officers, employees, agents, consultants and independent contractors ("City's Agents") from any third party legal challenge to the City's approval of the Project, including, but not limited to, challenges filed pursuant to the California Environmental Quality Act (collectively "Claims").

Applicant/Owner further agrees to indemnify and hold harmless the City and the City's Agents from any award of attorney fees or court costs made in connection with any Claim.

Applicant/Owner shall execute a written agreement, in a form approved by the City Attorney, evidencing the foregoing commitments of defense and indemnification within thirty (30) days of being notified of a lawsuit regarding the Project. These commitments of defense and indemnification are material conditions of the approval of the Project. If Applicant/Owner fails to execute the required defense and indemnification agreement within the time allotted, the Project approval shall become null and void absent subsequent acceptance of the agreement by the City, which acceptance shall be within the City's sole and absolute discretion. Nothing contained in this condition shall prevent the City or the City's Agents from independently defending any Claim. If the City or the City's Agents decide to independently defend a Claim, the City and the City's Agents shall bear their own attorney fees, expenses, and costs of that independent defense.

B. Requirements Prior to Permit Issuance. The Owner shall submit the following, or evidence of completion of the following, for review and approval by the Department listed below prior to the issuance of any permit for the project. Some of these conditions may be waived for demolition or rough grading permits, at the discretion of the department listed. Please note that these conditions are in addition to the standard submittal requirements for each department.

1. Public Works Department.
a. Water Rights Assignment Agreement. The Owner shall assign to the City of Santa Barbara the exclusive right to extract ground water from under the Real Property in an Agreement Assigning Water Extraction Rights. Engineering Division Staff prepares said agreement for the Owner's signature.
b. Encroachment Permits. Any encroachment or other permits from the City or other jurisdictions (State, Flood Control, County, etc.) for the construction of improvements (including any required appurtenances) within their rights of way or easements shall be obtained by the Owner.

STAFF HEARING OFFICER RESOLUTION NO. 007-22
229 VISTA DEL MAR DRIVE
MARCH 23, 2022
PAGES

2. Community Development Department.
a. Recorded Agreement. Prior to zoning clearance on a building permit for the proposed Accessory Dwelling Unit, the property owner shall execute a Covenant stating the following: (1) The Accessory Dwelling Unit will not be sold separately from the existing primary residence. (2) The Accessory Dwelling Unit shall not be rented for less than 31 days. When a building permit application is submitted, City Administrative Staff will prepare the Covenant and send an email from
[email protected] letting the applicant know that the Covenant has been created. Written instructions will be provided to you on how to complete the procedure. The permit will not be issued until the final agreement is recorded. Certificate of Occupancy will not be granted without the Covenant being recorded.
b. Conditions on Plans/Signatures. The final Resolution shall be provided on a full size drawing sheet as part of the drawing sets. The following statement shall be signed prior to issuance of and permits: The undersigned have read and understand the required conditions, and agree to abide by any and all conditions which are their usual and customary responsibility to perform, and which are within their authority to perform.

Signed:

Property Owner Date
Contractor Date License No.

Architect Date License No.

Engineer Date License No.

C. Construction Implementation Requirements. All of these construction requirements shall be carried out in the field by the Owner and/or Contractor for the duration of the project construction, including demolition and grading.

1. Construction Contact Sign. Immediately after Building permit issuance, signage shall be posted at the points of entry to the site that list the contractor's name and telephone number to assist Building Inspectors and Police Officers in the enforcement of the conditions of approval. The font size shall be a minimum of

0.5 inches in height. Said sign shall not exceed six feet in height from the ground if it is free-standing or placed on a fence. It shall not exceed six square feet if in a single family zone.

2. Construction Storage/Staging. Construction vehicle/ equipment/ materials storage and staging shall be done on-site. No parking or storage shall be permitted

ATTACHMENT 3

2/16/23, 3:24 PM 22.69.050 Neighborhood Preservation, Grading and Vegetation Removal Ordinance Findings. https://library.qcode.us/lib/santa_barbara_ca/pub/municipal_code/item/title_22-chapter_22_69-22_69_050 1/2 Santa Barbara, California Municipal Code
TITLE 22 ENVIRONMENTAL POLICY AND CONSTRUCTION
Chapter 22.69 SINGLE FAMILY DESIGN BOARD

22.69.050 Neighborhood Preservation, Grading and Vegetation Removal Ordinance Findings.

If a project is referred to the Single Family Design Board for review pursuant to Section 22.69.020 and the Single Family Design Board Guidelines, the Single Family Design Board shall make the findings specified below prior to approving the project.

A. NEIGHBORHOOD PRESERVATION FINDINGS. Prior to approval of any project, the Single Family Design Board shall make each of the following findings:

1. Consistency and Appearance. The proposed development is consistent with the scenic character of the City and will enhance the appearance of the neighborhood.

2. Compatibility. The proposed development is compatible with the neighborhood, and its size, bulk, and scale are appropriate to the site and neighborhood.

3. Quality Architecture and Materials. The proposed buildings and structures are designed with quality architectural details. The proposed materials and colors maintain the natural appearance of the ridgeline or hillside.

4. Trees. The proposed project does not include the removal of or significantly impact any designated Specimen Tree, Historic Tree or Landmark Tree. The proposed project, to the maximum extent feasible, preserves and protects healthy, non-invasive trees with a trunk diameter of four inches or more measured four feet above natural grade. If the project includes the removal of any healthy, non-invasive tree with a diameter of four inches or more measured four feet 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.

5. Health, Safety, and Welfare. The public health, safety, and welfare are appropriately protected and preserved.

6. Good Neighbor Guidelines. The project generally complies with the Good Neighbor Guidelines regarding privacy, landscaping, noise and lighting.

7. Public Views. The development, including proposed structures and grading, preserves significant public scenic views of and from the hillside.

B. HILLSIDE DESIGN DISTRICT AND SLOPED LOT FINDINGS. In addition to the findings specified in subsection A above, prior to approval of any project on a lot within the Hillside Design District described in Section 22.68.060 or on a lot or a building site that has an average slope of 15% or more (as calculated pursuant to Section 28.15.080 or 30.15.030 of this code), the Single Family Design Board shall make each of the following findings:

1. Natural Topography Protection. 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 natural topography of the site or the natural appearance of any ridgeline or hillside.

2. Building Scale. The development maintains a scale and form that blends with the hillside by minimizing the visual appearance of structures and the overall height of structures.

C. GRADING FINDINGS. In addition to any other applicable findings specified in this section, prior to approval of any project that requires design review under Section 22.69.030 of this chapter, the Single Family Design Board shall make each of the following findings:

ATTACHMENT 4
2/16/23, 3:24 PM 22.69.050 Neighborhood Preservation, Grading and Vegetation Removal Ordinance Findings. https://library.qcode.us/lib/santa_barbara_ca/pub/municipal_code/item/title_22-chapter_22_69-22_69_050 2/2

1. 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

2. The proposed grading will not cause a substantial loss of southern oak woodland habitat.

D. VEGETATION REMOVAL FINDINGS. In addition to any other applicable findings specified in this section, prior to approving a vegetation removal permit that requires design review under Section

22.69.030 of this chapter, the Single Family Design Board shall make each of the following findings:

1. The proposed vegetation removal will not significantly increase siltation in or decrease the water quality of streams, drainages or water storage facilities to which the property drains; and

2. The proposed vegetation removal will not cause a substantial loss of southern oak woodland habitat; and

3. The proposed vegetation removal will comply with all applicable provisions of Chapter 22.10, “Vegetation Removal,” of this code. (Ord. 5798, 2017; Ord. 5444, 2008; Ord. 5416, 2007) Contact:

City Clerk: 805-564-5309
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

ATTACHMENT 5

City of Santa Barbara

SINGLE FAMILY DESIGN BOARD

MINUTES
SEPTEMBER 20, 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

CALL TO ORDER
The Full Board meeting was called to order at 3:00 p.m. by Chair Miller.

ATTENDANCE
Members present: Miller, Colasse, Anderson (until 4:46 p.m.), Arakelian, and Klein Members absent: None
Staff present: Kokinda, Garcin, and Goo
(4:50PM) NEW ITEM: PROJECT DESIGN APPROVAL & FINAL APPROVAL

4. 229 VISTA DEL MAR DRIVE
Assessor's Parcel Number: 047-061-023
Zone: E-3/SD-3
Application Number: PLN2021-00474
Owner: Vista Del Mar LLC
Applicant/Architect: Kevin Moore
(Proposal to construct a two-story 1,200 square foot detached Accessory Dwelling Unit (ADU), including a 200 square foot covered deck, and a 200 square foot second floor deck, associated with an existing one-story 1,920 square foot single-unit residence and an attached 446 garage, located in the Hillside Design District and Non-Appealable Jurisdiction of the Coastal Zone. Staff Hearing Officer approval of a Coastal Development Permit was granted on March 23, 2022. The proposed total of 3,566 square foot of development on a 27,230 square foot lot is 75% of the maximum guideline floorto-lot-area ratio (FAR).) Project Design Approval and Final Approval is requested. Neighborhood Preservation Findings and Hillside Design District & Sloped Lot Findings are required.

ATTACHMENT 6
Single Family Design Board Minutes September 20, 2022 Page 2 of 2 Actual time: 5:18 p.m.

Present: Kevin Moore, Applicant
Staff comments: Ms. Kokinda stated a Coastal Development Permit (CDP) was granted on March 23, 2022 by the Staff Hearing Officer (SHO) hearing for this project located in the Hillside Design District, Non-Appealable Jurisdiction of the Coastal Zone, which means the CDP reviewed at SHO did accept public comment, but was only an announcement of the SHO approval decision that was NonAppealable even though residents submitted documentation for filing an appeal, that appeal and documentation was not accepted. She also later clarified that in addition to Planning and Zoning staff, the City’s individual departments, including Transportation and Fire staff, have thoroughly reviewed the proposed project.

Public comment opened at 5:38 p.m.

The following individuals spoke:

1. Paul Margolis (in attendance, but couldn’t stay to speak)

2. Norman Gardner

3. Cecelia Fock

4. Gary MacDonald

5. Jeff Harris

6. Cameron Porter

7. Julie Kayda

8. Justin Church
Written correspondence from Juliana Kayda & Krista Chaves (a previous appeal submittal on behalf of the residents of Vista Del Mar & Alan Rd. consisting of 7 appeal letters, 33 petition signatures, and 25 individual public correspondence) in addition to 15 public correspondence from: Jennifer Gardner, Erich Fock, Norman Gardner, Phyllis & Paul Margolis, Maxyne Strunin, Libby McLaughlin, Roy McLaughlin, Kimberly Harris, Jeff Harris, Debbie Cloud, Cecelia Fock, and Julie Bowden were acknowledged.

Public comment closed at 5:57 p.m.

Motion: Continue indefinitely to Full Board with comments:

1. In general, the Board requests to reduce the proposed plate heights.

2. Study a more compatible roof, both in pitch and in the nature of the roof (gable roof versus hip roof).

3. Provide additional screening from the street.

4. Study reducing the size of the second floor of the ADU or reduce the size of ADU and study incorporating or attaching to the existing family residence.

Action: Colasse/Arakelian, 4/0/0. (Anderson absent.) Motion carried. * MEETING ADJOURNED AT 6:25 P.M. *
City of Santa Barbara

SINGLE FAMILY DESIGN BOARD

MINUTES
OCTOBER 24, 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
(4:30PM) CONTINUED ITEM: PROJECT DESIGN APPROVAL AND FINAL APPROVAL

3. 229 VISTA DEL MAR DRIVE
Assessor's Parcel Number: 047-061-023
Zone: E-3/SD-3
Application Number: PLN2021-00474
Owner: Vista Del Mar LLC
Architect/Applicant: Kevin Moore
(Proposal to construct a two-story 1,200 square foot detached Accessory Dwelling Unit (ADU), including a 200 square foot covered deck, and a 200 square foot second floor deck, associated with an existing one-story 1,920 square foot single-unit residence and an attached 446 square foot garage, located in the Hillside Design District and Non-Appealable Jurisdiction of the Coastal Zone. Staff Hearing Officer approval of a Coastal Development Permit (CDP) was granted on March 23, 2022. The proposed total of 3,566 square foot of development on a 27,230 square foot lot is 75% of the maximum guideline floor-to-lot-area ratio (FAR).)
Project Design Approval and Final Approval is requested. Neighborhood Preservation Findings and Hillside Design District & Sloped Lot Findings are required. The project was last reviewed on September 20, 2022.

Actual time: 4:30 p.m.

Present: Kevin Moore, Architect
Public comment opened at 4:37 p.m.

The following individuals spoke:

1. Jeff Harris (w/pictures)

2. Paul Margolis (w/laptop pics)

3. Cameron Porter
Single Family Design Board Minutes October 24, 2022 Page 2 of 2

4. Anthony Chaves
Public comment closed at 4:48 p.m.

Written correspondence from Gregory Ofner that was read into the record, and from Debra Eaton that was acknowledged.

Public comment re-opened at 5:10 p.m.

5. Cecelia Fock
Public comment re-closed at 5:12 p.m.
* THE BOARD RECESSED FROM 5:17 TO 5:21 P.M. *
Staff Comments: Ms. Kokinda clarified for the Board the Permit Streamlining Act and the required time limit for a Board decision on the proposed project for either approval, denial, or continuance. And later recommended a continuance so that the Applicant could check with the client and find alternatives.

Motion: Continue to the date-certain SFDB Full Board meeting of November 30, 2022 with comments:

1. The proposed size, bulk, and scale is still out of proportion with the existing home.

2. Study lowering the plate heights.

3. The Board appreciates the roof lines matching the existing home; however, study relocating the existing structure further back on the property.

4. The Board appreciates the new structure matching the materials on the existing home for a more matched appearance.

5. Study the size and shape of the tree selection to be larger in the front and more column-like along the property line in order to improve the screening for the adjacent neighbors.

6. Study reducing the second story so that the scaling of the second floor ties in better with the existing home and to blend the aesthetics and enhance the neighborhood.

Action: Miller/Klein, 3/2/0. (Colasse and Arakelian opposed.) Motion carried.

Individual comments: Board Member Arakelian stated that he opposed the motion because he believes that the plate heights should not be lowered. Board Member Colasse stated that she opposed the motion because she believes the proposed changes are out of scale relative to the existing neighborhood at large; and that privacy cannot be ensured for the adjacent property to the south regardless of screening; and that the proposed project is too large for the neighborhood/site.

City of Santa Barbara

SINGLE FAMILY DESIGN BOARD

SPECIAL MEETING MINUTES
NOVEMBER 30, 2022
2:00 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
(2:15PM) CONTINUED ITEM: PROJECT DESIGN APPROVAL & FINAL APPROVAL

1. 229 VISTA DEL MAR DRIVE
Assessor's Parcel Number: 047-061-023
Zone: E-3/SD-3
Application Number: PLN2021-00474
Owner: Vista Del Mar LLC
Architect/Applicant: Kevin Moore, AIA
(Proposal to construct a two-story 1,200 square foot detached Accessory Dwelling Unit (ADU), including a 200 square foot covered deck, and a 200 square foot second floor deck, associated with an existing one-story 1,920 square foot single-unit residence and an attached 446 square foot garage, located in the Hillside Design District and Non-Appealable Jurisdiction of the Coastal Zone. Landscape screening is proposed. Staff Hearing Officer approval of a Coastal Development Permit was granted on March 23, 2022. The proposed total of 3,566 square foot of development on a 27,230 square foot lot is 75% of the maximum guideline floor-to-lot-area ratio (FAR).) Project Design Approval and Final Approval is requested. Neighborhood Preservation Findings and Hillside Design District & Sloped Lot Findings are required. The project was last reviewed on October 24, 2022.

Actual time: 2:09 p.m.

Present: Kevin Moore, Architect/Applicant
Public comment opened at 2:24 p.m.

The following individuals spoke:

1. Cecelia Fock
Single Family Design Board Minutes Wednesday, November 30, 2022 Page 2 of 2

2. Paul Margolis

3. Norm Gardner

4. Jeff Harris

5. Juliana Kayda
Written correspondence from Paul Margolis and Juliana Kayda were acknowledged.

Public comment closed at 2:35 p.m.

Motion: Project Design Approval and Final Approval with comments and findings:

1. Provide standard tree protection measures during construction for the existing Chinese Elm tree, and other trees existing and proposed to be added. Provide in-kind replacement for any tree that do not survive.

2. 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 on a site that is set back from the front of the property, and several similar multi-level residences already exist throughout the neighborhood area.
b. The proposed development is compatible with the neighborhood, and its size, bulk, and scale is appropriate to the site and neighborhood, as the structure is setback as far as possible from the front, and if moved closer to the bluff side, it would be more visible and not be acceptable.
c. The proposed buildings and structures are designed with quality architectural materials and details to match the existing property. The proposed materials and colors maintain the natural appearance of the ridgeline or hillside. d. Removal of healthy, non-invasive trees is not proposed for this application. All proposed new trees and landscaping are acceptable.
e. The public health, safety, and welfare are appropriately protected and preserved. f. The project generally complies with the Good Neighbor Guidelines regarding privacy screening, additional landscaping, noise, lighting, and working with the adjacent neighbor to the south to protect private mountain views. g. The development, including proposed structures and grading, preserves significant public scenic views of and from the hillside.

3. 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 natural topography of the site.
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.

Action: Klein/Miller, 3/0/2. (Colasse and Anderson opposed.) Motion carried.

The ten-day appeal period was announced.

RECEIVED
FEB 28 2023

CHY CLERKS OFFICE

SANTA BARBARA, CA

GUARD
. PLANNING

ACQUISITION I DESIGN I ENTITLEMENT
February 28, 2023
Mayor Randy Rowse & City Council Members
c/o City Clerk's Office
735 Anacapa Street
Santa Barbara, CA 93101-2203
Hand Delivered
RE: Response to Appeal of Single Family Design Board Approval of Accessory Dwelling Unit 229 Vista Del Mar (Case No. PLN2021-00474)
Mayor and Councilmembers:

Vanguard Planning Inc. represents Vista Del Mar LLC (the "Applicant") the applicant for an Accessory Dwelling Unit (the "ADD") proposed on the above referenced property.

This is a response to the appeal dated December 8, 2022 (the "Appeal") of the Single Family Design Board (the "SFDB") action to grant Project Design Approval and Final Approval for the ADU (collectively the "Approval") on November 30, 2022. The Appeal was filed by Julie Kayda on behalf of herself and several residents of the surrounding neighborhood (collectively the "Appellant").

1.0 APPELLANT HAS NOT PRESENTED A VALID BASIS FOR APPEAL The City of Santa Barbara (the "City") "Application for Appeal" form requires that appellants "Describe the reasons or grounds why you believe the action should be reversed, modified, or otherwise set aside.

Include what evidence you have that supports your appeal." Appellant identifies three bases for their Appeal. These are discussed below and followed by our responses.

Appeal Basis #1: "The Board was split in their 3/2 decision to approve this project." Design board approvals, including those granted by the SFDB, need not be unanimous. That the SFDB action to approve the ADU was a split vote does not diminish or invalidate the Approval. Appellant provides no explanation why a split vote serves as a reason for the SFDB's action to be reversed, modified, or otherwise set aside.

Appeal Basis #2: "The project did not meet Single Family Design Board Guidelines for Hillside Design Guidelines, Privacy, Public Views, Good Neighbor Recommendations/ Gu/de//nes. "[sic]
Single Family Residence Design Guidelines/Hillside Design Guidelines/Good Neighbor Guidelines:

Appellant broadly claims the ADD "does not meet" various City guidelines. The Appeal does not identify any specific guideline or standard with which the ADU is purportedly inconsistent. It is impossible to 805.966.3966 office
805. 715.7005 fax
vanguardplanning. com
Vanguard Planning Inc.
735 State Street, Suite 20^
Santa Barbara, CA 93101

APPLICANT DOCUMENTS
February 28, 2023

sustain an argument that the ADU "does not meet" an entire set of guidelines and standards when no individual guidelines or standards are called out for examination. A blanket statement that the ADD "does not meet" broad categories of City guidelines, with no explanation why it "does not meet" them, is inadequate and does not address the City's requirement that Appellant describe the reasons or grounds why the SFDB's action should be reversed, modified, or otherwise set aside and to provide supporting evidence.

Privacy: The City does not deny development proposals in general, norADU's specifically, because a party claims their privacy may be affected. A primary responsibility of the SFDB is evaluating proposals to ensure they will not adversely impact the privacy of adjacent neighbors. The City has adopted privacy-specific guidelines and standards used by the SFDB for precisely this purpose. Public speakers brought up privacy concerns before the SFDB during its review of the ADU. The SFDB considered public comments, the physical design of the ADU, the proposal's spatial relationship to adjacent properties, and applicable City guidelines prior to granting the Approval. The Appeal does not cite any privacy-related guideline(s) and/or describe how the SFDB did not properly consider/apply these when it granted the Approval.

Public Views: It is unclear exactly what Appellant is referring to here. If Appellant asserts the ADU will obstruct an important public view, Appellant has not provided any information or specifics, such as which public view is purportedly impacted, and/or how the ADU might impact that view. Perhaps the Appellant means the structure could potentially be visible from a public location. None are discussed in the Appeal. One of the attached E-mails asserts the ADU can be seen from". . .the Douglas Preserve, from the Elings Park area, from the property adjacent to Elings Park (hang glider hill) and from Las Positas. " That may be the case. However, there is no City requirement that ADU's, or any new development, must be invisible from public viewing locations. The Appeal does not provide an explanation why "Public Views" are a basis to reverse the Approval.

Appeal Basis #3: "This doesn 't meet definition of an ADU." The Appeal does not cite a "definition of an ADU, " nor does it reference any purported definition. The definition of an ADU comprises the requirements established by State Law and Santa Barbara Municipal Code Sec. 28. 86, the local standards that implement State Law in the City's Coastal Zone.

The Appeal does not indicate how the ADU is out of compliance with any of these criteria or standards.

Appellant's speculation and conjecture as to who will live in the ADU, how it will be used, Applicant's. alleged motivation etc. does not establish that Applicant's proposal is anything other than an ADU.

2.0 SFDB's APPROVAL IS BASED UPON EVIDENCE IN THE ADMINSITRATIVE RECORD The ADU was reviewed by the SFDB at three noticed hearings. Appellant raised various objections to the proposal at these hearings, both in written correspondence and during public comment.

Several E-mails previously submitted in opposition to the ADD are included as attachments to the Appeal. These were reviewed by the SFDB during its evaluation of the ADU. The SFDB also reviewed the neighborhood context (including several nearby two-story homes with similar height, massing and aesthetics), site plans, building elevations, perspective renderings, and proposed landscaping enhancements. The original design was revised in response to direction from the SFDB. Ultimately the SFBD determined that it could approve the ADU. The required findings, and the SFDB's basis to support those findings are set forth in its approved minutes.

February 28, 2023

City review boards must make specific findings when they approve or deny any given proposal. The SFDB granted the Approval after considering the entirety of information in the administrative record.

The SFDB's findings to approve the ADD are valid provided there is evidence in the administrative record that supports those findings, even if Appellant presented competing claims in its efforts to have the proposal denied. It should be noted that the Appeal does not cite any of the findings and includes no discussion about why the SFDB was incorrect when it made its findings.

3.0 CONCLUSION AND REQUEST
Accessory dwelling units are a critical component of the City's and the State's strategy to address the current housing crisis. It's understandable that some neighbors do not agree with this strategy.

The Appeal and attached correspondence previously presented to the SFDB can be accurately characterized as a list of grievances about accessory dwelling units and unwanted changes in Appellant's neighborhood. It does not present evidence, or a meaningful argument for the City Council to reverse, modify, or otherwise set aside the Approval.

The SFDB pays close attention to neighborhood concerns and public comments on all projects. The Board heard all of Appellant's objections during its review of the ADD. After evaluating the proposal for compliance with specific, applicable City guidelines and standards, the SFDB granted the Approval and articulated the basis for its findings. The Appeal does not cite or challenge the SFDB's findings.

We respectfully request that the City Council deny the Appeal.

If you have any questions, you can reach me via E-mail at jarrett. gorin@vanguardplanning. com or via phone at (805) 966-3966.

Thank you for taking the time to review this.

Sincerely,
VAN HARD PLAN ING INC.

Jarrett
Pri cipa
^y
rin, AICP