CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Alejandra Gutierrez
Mayor Pro Tempore
Rebecca Bjork
City Administrator
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
APRIL 11, 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.
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. 04/11/2023 Santa Barbara City Council Final Agenda Page 1 APRIL 11, 2023 AGENDA
FINANCE COMMITTEE MEETING - 12:00 P.M. IN THE DAVID GEBHARD PUBLIC MEETING ROOM, 630 GARDEN STREET (120.03)
1. Subject: Loan Forgiveness for Transition House Homeless Families Shelter Located at 434 East Ortega Street (120.03)
Recommendation: That Finance Committee consider and recommend that City Council:
A. Approve a request from Transition House, a California Nonprofit Public Benefit Corporation, for loan forgiveness on property located at 434 East Ortega Street, which is operating as a family homeless shelter; B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara approving a Second Amendment to the Declaration of Covenants, Conditions, and Restrictions Imposed on Real Property Located at 434 East Ortega Street to Restart a New 90-Year Term of Use as a Homeless Families Shelter;
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase in Fiscal Year 2023 Expenditure Appropriations in the Affordable Housing Fund in the amount of $460,000 to Record Forgiveness of Loans Receivable; and
D. Authorize the Community Development Director to execute such documents as necessary to effectuate Amended Covenant and loan forgiveness, subject to approval as to form by the City Attorney.
2. Subject: Proposed Updates to Solid Waste Rates (120.03) Recommendation: That Finance Committee consider and recommend that City Council:
A. Receive a presentation on proposed solid waste rates for Fiscal Year 2024; B. Set a public hearing date of June 13, 2023, at 2:00 p.m., for consideration of changes to the City’s solid waste rates; and
C. Direct staff to send a Notice of Public Hearing to customers informing them of the proposed changes to solid waste rates.
Webinar ID: 861 8840 7215
04/11/2023 Santa Barbara City Council Final Agenda Page 2 REGULAR CITY COUNCIL MEETING – 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: National Public Safety Telecommunicators Week April 9-15, 2023 (120.04)
2. Subject: Animal Care and Control Appreciation Week April 9-15, 2023 (120.04)
3. 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 April 30, 2023.
CHANGES TO THE AGENDA
CONSENT CALENDAR
4. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of March 7, 2023, and the special meetings of February 28, 2023; March 6, 2023; March 7, 2023; March 13, 2023; March 21, 2023.
5. Subject: Corrected Section 17.20.005 of Title 17 of the Santa Barbara Municipal Code Pertaining to Replacement Vessels in the Santa Barbara Harbor [Ordinance Introduction] (570.03)
Recommendation: That Council introduce and subsequently 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 17.20.005, by Adding Back in Subsections B3, B4, B5, and B6, That Were Left Out Due to a Clerical Error.
6. Subject: 2023-2025 Police Management Association Bargaining Unit Memorandum of Understanding and Amendment of Resolution No. 22-064, the Position and Salary Control Resolution for Fiscal Year 2023 [Ordinance Introduction; Resolution] (410.06)
04/11/2023 Santa Barbara City Council Final Agenda Page 3 Recommendation: That Council:
A. Ratify the Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara Police Management Association Bargaining Unit, by introduction and subsequent adoption of, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Adopting the 2023- 2025 Memorandum of Understanding Between the City of Santa Barbara and the Police Management Association; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-064, the Position and Salary Control Resolution for Fiscal Year 2023, Affecting the Salaries of Certain Classifications in the Police Management Association Effective April 8, 2023.
7. Subject: Denying the Appeal and Upholding the Decision of the Planning Commission Regarding 621 West Micheltorena Street [Resolution] (640.07) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Denying the Appeal and Upholding the Decision of the Planning Commission Granting Approval of a Conditional Use Permit, Development Plan and Parking Modification at 621 West Micheltorena Street.
8. Subject: Allocation of the City’s Share of Transportation Development Act Funds for Bicycle and Pedestrian Projects [Resolution] (150.03) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Filing of a Claim with the Santa Barbara County Association of Governments for an Allocation of $95,141 in Transportation Development Act Funds for Fiscal Year 2024.
9. Subject: Adoption of Council Approved State Street Outdoor Business Facility Charge [Resolution] (530.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing Fees for Outdoor Business Facilities on the State Street Promenade and Adjoining Blocks.
10. Subject: Award Construction Contract and Authorize Execution of Professional Services Contracts for the Braemar Wastewater Lift Station Rehabilitation Project [Resolution; Agreement] (540.13) Recommendation: That Council:
04/11/2023 Santa Barbara City Council Final Agenda Page 4 A. Confirm the CEQA notice of exemption issued by the Public Works Director and award a contract with Cushman Contracting Corporation, in their low bid amount of $6,479,626 for construction of the Braemar Wastewater Lift Station Rehabilitation Project, Bid No. 3932; and authorize the Public Works Director to execute the contract and approve expenditures up to $648,000 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment;
B. Authorize the Public Works Director to execute a contract with DCME, Inc. in the amount of $648,560 for construction management and inspection services, and approve expenditures of up to $64,860 for extra services of DCME, Inc. that may result from necessary changes in the scope of work; C. Authorize the Public Works Director to execute a contract with Carollo Engineers, Inc. in the amount of $405,290 for design support services in construction, and approve expenditures of up to $40,530 for extra services of Carollo Engineers, Inc. that may result from necessary changes in the scope of work;
D. Authorize the Public Works Director to execute a contract with Aspect Engineering Group in the amount of $92,867 for integration services, and approve expenditures of up to $9,290 for extra services of Aspect Engineering Group that may result from necessary changes in the scope of work; and
E. 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 Clean Water State Revolving Funds for the Braemar Wastewater Lift Station Rehabilitation Project.
11. Subject: Adoption of the Updated Hazard Mitigation Plan [Resolution] (150.04)
Recommendation: That Council:
A. Approve and adopt the revisions to the City’s Local Hazard Mitigation Plan in accordance with the Disaster Mitigation Act 2000; and B. Adopt by reading of title only, a Resolution of the City Council of the City of Santa Barbara California Adopting the 2022 City of Santa Barbara Annex of the Santa Barbara County Multi-Jurisdiction Hazard Mitigation Plan.
12. Subject: Authorize the Execution of a Surety Bond to Meet the Financial Security Requirement for Santa Barbara Clean Energy [Resolution] (630.02) 04/11/2023 Santa Barbara City Council Final Agenda Page 5 Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Execution of a Surety Bond Not to Exceed $25,000.00 to Meet Finance Security Requirement for Santa Barbara Clean Energy Community Choice Aggregation Program.
13. Subject: Grant Agreement with California Department of Parks and Recreation for the Ortega Park Revitalization Project [Resolution; Agreement] (570.08)
Recommendation: That Council:
A. Authorize the Parks and Recreation Director to enter into a Grant Agreement between the City and the California Department of Parks and Recreation for the Ortega Park Revitalization 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, Increasing Estimated Revenues and Appropriations in the Fiscal Year 2023 Parks and Recreation Capital Outlay Fund in the Amount of $1,000,000.
14. Subject: February 2023 Investment Report (260.02)
Recommendation: That Council accept the February 2023 Investment Report.
15. Subject: First Amendment to the Fiscal Year 2022-2023 Agreement for Operations of a County-Wide Library System [Agreement] (570.04) Recommendation: That Council approve and authorize the City Administrator to execute a First Amendment to the Fiscal Year 2022-2023 Agreement for Operation of a County-Wide Library System that increases funding for rent to the Orcutt County Branch Library.
16. Subject: Professional Services Agreement with The Segal Company (Western States), Inc. for Classification and Compensation Study Services [Agreement] (410.01)
Recommendation: That Council authorize the Human Resources Director to execute a professional services agreement with The Segal Company (Western States), Inc., in the amount of $390,000 for a Classification and Compensation survey and approval of expenditures up to $60,000 for additional services that may result from necessary changes in the scope of work.
17. Subject: Authorize Execution of Soils Compaction Testing Services Contract for the Fiscal Year 2021B Water Main Replacement Project [Agreement] (540.06)
04/11/2023 Santa Barbara City Council Final Agenda Page 6 Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with Pacific Materials Laboratory of Santa Barbara, Inc., in the amount of $58,690 for soils compaction services for the Fiscal Year 2021B Water Main Replacement Project, and authorize the Public Works Director to approve expenditures of up to $5,870 for extra services that may result from necessary changes in the scope of work.
18. Subject: Lease Agreement with Sanctuary Centers of Santa Barbara, Inc. for Construction Staging at Spencer Adams Park [Agreement] (330.04) Recommendation: That Council authorize the Parks and Recreation Director to execute a lease agreement with Sanctuary Centers of Santa Barbara, Inc. for temporary use of 10,000 square feet of parking lot at Spencer Adams Park.
19. Subject: Approval of Sole Source Purchase of Public Trash and Recycling Containers (630.01)
Recommendation: That Council:
A. Waive compliance with the formal bidding procedure pursuant to Santa Barbara Municipal Code section 4.52.070(K) and authorize the sole source purchase of two custom styles of public containers from Wausau Tile for a period of five years;
B. Waive compliance with the formal bidding procedure pursuant to Santa Barbara Municipal Code section 4.52.070(K) and authorize the sole source purchase of a custom style of public containers from Forms & Surfaces for a period of five years;
C. Authorize five consecutive yearly purchase orders with Wausau Tile to provide custom style public containers for an annual amount not to exceed $100,000; and
D. Authorize five consecutive yearly purchase orders with Forms & Surfaces to provide custom style public containers for an annual amount not to exceed $100,000.
This concludes the Consent Calendar.
PUBLIC COMMENT
PULLED CONSENT ITEMS
REPORT FROM THE FINANCE COMMITTEE
04/11/2023 Santa Barbara City Council Final Agenda Page 7
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
MAYOR AND COUNCIL REPORTS
20. Subject: Interviews for Single Family Design Board (140.05) Recommendation: That Council hold interviews of applicants to the Single Family Design Board.
SUSTAINABILITY AND RESILIENCE
21. Subject: Public Hearing and Introduction of Ordinance Granting an Exclusive Franchise for Citywide Solid Waste Collection Services with MarBorg Industries, Inc. [Ordinance Introduction] (630.01)
Recommendation: That Council:
A. Hold a public hearing, as required by the City Charter Section 1401, regarding granting an exclusive franchise for citywide solid waste collection and disposal services to MarBorg Industries, Inc.; and
B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Granting an Exclusive Franchise for Citywide Solid Waste Collection and Disposal services to MarBorg Industries, Inc.
PUBLIC WORKS DEPARTMENT
22. Subject: Update Regarding Utility Undergrounding Program and Initiation of Proceedings to Form a Benefit Assessment District to Underground Utilities on 800 Block of Jimeno Road [Resolution] (380.02)
Recommendation: That Council:
A. Receive a report regarding utility undergrounding under California Public Utilities Commission Rule 20 and related utility initiatives; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Initiating Proceedings to Form a Benefit Assessment District to Underground Utilities on the 800 Block of Jimeno Road under Santa Barbara Municipal Code Chapter 4.60.
QUASI-JUDICIAL HEARING RULES APPLY TO THE FOLLOWING AGENDA ITEM 04/11/2023 Santa Barbara City Council Final Agenda Page 8
PUBLIC HEARING
23. Subject: Appeal of the Single Family Design Board’s Project Design Approval of Development at 1269 Ferrelo Road (640.07)
Recommendation: That Council:
A. Consider the appeal of Rose Wills, Charlie Boss, Derek Booth, and A.
Michael Marzolla of the Single Family Design Board’s Project Design Approval of a development at 1269 Ferrelo Road; and
B. Direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal.
MAYOR AND COUNCIL REPORTS
24. Subject: Appointments to the Single Family Design Board (140.05) Recommendation: That Council make appointments to the Single Family Design Board.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
CLOSED SESSIONS
25. 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 15 mins; anytime
Report: None anticipated
ADJOURNMENT