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 18, 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. 04/18/2023 Santa Barbara City Council Final Agenda Page 1 APRIL 18, 2023 AGENDA
REGULAR CITY COUNCIL MEETING – 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Donate Life Month April 2023 (120.04)
2. Subject: Poet Laureate Appointment & National Poetry Month April 2023 (120.04)
CHANGES TO THE AGENDA
CONSENT CALENDAR
3. 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 Adoption] (570.03)
Recommendation: That Council 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.
4. Subject: 2023-2025 Police Management Association Bargaining Unit Memorandum of Understanding [Ordinance Adoption] (410.06) Recommendation: That Council ratify the Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara Police Management Association Bargaining Unit, by 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.
5. Subject: Granting an Exclusive Franchise for Citywide Solid Waste Collection and Disposal Services to Marborg Industries, Inc. [Ordinance Adoption] (630.01)
04/18/2023 Santa Barbara City Council Final Agenda Page 2 Recommendation: That Council 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.
6. Subject: Authorize Execution of the Clean Water State Revolving Fund Installment Sale Agreement for the El Estero Water Resource Center Electrical Distribution Renewal Project [Ordinance Introduction; Agreement] (540.13)
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 Execution of the Installment Sale Agreement with the State Water Resources Control Board for the El Estero Water Resource Center Electrical Distribution Renewal Project (Project No. 8508-110).
7. Subject: Denying the Appeal and Upholding the Decision of the Single Family Design Board Regarding 229 Vista del Mar Drive [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 of Julie Kayda, Jeff Harris, and Norman Gardner to Reverse the Single Family Design Board’s Decision Approving a Two-Story, Detached Accessory Dwelling Unit Located at 229 Vista Del Mar Drive and Making the Findings Supporting the Action.
8. 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.
9. Subject: Application for a $40,000 Certified Local Government Grant for an Update to the Master Environmental Assessment Guidelines for Archaeological Resources [Resolution] (630.02)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Application for a $40,000 Certified Local Government Grant for an Update to the Master Environmental Assessment Guidelines for Archaeological Resources.
10. Subject: Acceptance of California, Board of State and Community Corrections, Officer Wellness and Mental Health Grant [Resolution; Agreement] (520.04)
04/18/2023 Santa Barbara City Council Final Agenda Page 3 Recommendation: That Council:
A. Accept the State of California, Board of State and Community Corrections, Officer Wellness and Mental Health Grant in the amount of $82,143.67 and authorize the Chief of Police to execute the grant agreement; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase of Revenue and Expenditure Appropriations in the Police Department Miscellaneous Grants Fund Budget in the Amount of $82,143.67.
11. Subject: Fiscal Year 2023 Interim Financial Statements for the Eight Months Ended February 28, 2023 (250.02)
Recommendation: That Council accept the Fiscal Year 2023 Interim Financial Statements for the eight months ended February 28, 2023.
12. Subject: Contract Amendment with RRM Design Group for Final Design and Construction Documents for the Dwight Murphy Field Renewal Project [Agreement] (570.08)
Recommendation: That Council authorize the Public Works Director to execute a contract amendment with RRM Design Group in the amount of $83,590 for design services for the Dwight Murphy Field Renewal Project.
13. Subject: Personal Services Agreements for Classes, Clinics, Camps, and Tournaments [Agreement] (570.06)
Recommendation: That Council:
A. Authorize the Parks and Recreation Director to execute a personal services agreement with 805 Beach Volleyball Club, a Limited Liability Company, for the provision of Fiscal Year 2024 Beach Volleyball Camps, Clinics, Classes, and Tournaments, with compensation equal to 65% of the total basic fees collected and the total compensation estimated at $175,000 based on the projected number of participants;
B. Authorize the Parks and Recreation Director to execute a personal services agreement with Shane Carmody, an individual, for the provision of Fiscal Year 2024 Tennis and Beach Camps and After School Tennis Clinics, with compensation equal to 65% of the total basic fees collected and the total compensation estimated at $75,000 based on the projected number of participants;
04/18/2023 Santa Barbara City Council Final Agenda Page 4 C. Authorize the Parks and Recreation Director to execute a personal services agreement with Dave Wilcox, an individual, for the provision of Fiscal Year 2024 Pickleball Classes and Clinic, with compensation equal to 65% of the total basic fees collected and the total compensation estimated at $135,000 based on the projected number of participants;
D. Authorize the Parks and Recreation Director to execute a personal services agreement with Isaac Rosas, an individual doing business as Youth Evolution Activities, for the provision of Fiscal Year 2024 Basketball and Soccer Classes, Clinics, and Camps, with compensation equal to 65% of the total basic fees collected and the total compensation estimated at $75,000 based on the projected number of participants;
E. Authorize the Parks and Recreation Director to execute a personal services agreement with Timothy Dana-Bowen, an individual doing business as Play-Well TEKnologies, for the provision of 2024 Youth Lego Camps, with compensation equal to 70% of the total basic fees collected for the camp and the total compensation estimated at $45,000 based on the projected number of participants; and
F. Authorize the Parks and Recreation Director to execute a personal services agreement with Lobster Jo’s Beach Camp, a California Corporation, for the provision of 2024 Youth Beach Camps, with compensation equal to 90% of the total basic fees collected and the total compensation estimated at $140,000 based on the projected number of participants.
14. Subject: Contracts for Design of Fiscal Year 2024 Pavement Maintenance Projects [Agreement] (530.04)
Recommendation: That Council:
A. Authorize the Public Works Director to execute a City Professional Services Contract with Flowers & Associates, Inc. in the amount of $395,807 for design services for the Fiscal Year 2024 Pavement Maintenance Projects, and authorize the Public Works Director to approve expenditures of up to $39,580 for extra services that may result from necessary changes in the scope of work; and
B. Authorize the Public Works Director to execute the First Amendment to City Professional Services Contract No. 28,243 with Nichols Consulting Engineers, CHTD, in the amount of $181,500 for citywide pavement inspection services, for a total contract amount of $240,880.
15. Subject: Waterfront Department Proposed Lease Agreement with Mr. Mike Pyzel for the Lease Space Located at 125 Harbor Way, Suite 23 [Agreement] (330.04)
04/18/2023 Santa Barbara City Council Final Agenda Page 5 Recommendation: That Council approve a three-year lease agreement with Mike Pyzel, for second floor office space at 125 Harbor Way, Suite 23.
16. Subject: Waterfront Department Proposed Lease Amendment One with AirTouch Cellular Inc. Doing Business as Verizon Wireless to Add a Subsurface Easement for Utilities [Agreement] (330.04)
Recommendation: That Council approve Lease Amendment One to Lease Agreement No. 21,835 with AirTouch Cellular Inc. d.b.a. Verizon Wireless to add a subsurface easement for utilities, including fiber and related appurtenances, to serve the tenant’s site located at 113 Harbor Way.
17. Subject: Set a Date for Public Hearing Regarding the Appeal of the Architectural Board of Review's Project Design Approval for 425 Santa Barbara Street (640.07)
Recommendation: That Council:
A. Set the date of May 9, 2023, at 2:00 p.m. for hearing the appeal filed by A.
Barry Cappello representing Platform SB, LLC of the Architectural Board of Review's Project Design Approval of a 19-unit multi-family project using both the City’s Average Unit-Size Density Program and the State Density Bonus program; and
B. Set the date of May 8, 2023, at 1:30 p.m. for a site visit to the property located at 425 Santa Barbara Street.
This concludes the Consent Calendar.
PUBLIC COMMENT
PULLED CONSENT ITEMS
REPORT FROM THE ORDINANCE COMMITTEE
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
FINANCE DEPARTMENT
18. Subject: City Administrator’s Recommended Two-Year Financial Plan for Fiscal Years 2024 and 2025 and Operating and Capital Budget for Fiscal Year 2024 (230.05)
04/18/2023 Santa Barbara City Council Final Agenda Page 6 Recommendation: That Council:
A. Receive the City Administrator’s Recommended Two-Year Financial Plan for Fiscal Years 2024 and 2025 and Operating and Capital Budget for Fiscal Year 2024;
B. Hear a Report from Staff in connection with the filing of the Fiscal Year 2024 budget; and
C. Approve the Proposed Schedule of Council Budget Review Meetings and Public Hearings related to the Operating and Capital Budget for Fiscal Year 2024.
AIRPORT DEPARTMENT
19. Subject: Santa Barbara Airport Master Plan Update (560.09) Recommendation: That Council receive a status update on the Master Plan Update at Santa Barbara Airport.
QUASI-JUDICIAL HEARING RULES APPLY TO THE FOLLOWING AGENDA ITEM
PUBLIC HEARING
20. Subject: Appeal of Project Design Approval for 101 Santa Cruz Boulevard (640.07)
Recommendation: That Council:
A. Consider the appeal of Jorene Lopez and Jeffrey Yen of the Single Family Design Board’s Project Design Approval for 101 Santa Cruz Boulevard; and B. Direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal hearing.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
CLOSED SESSIONS
21. Subject: Conference with Real Property Negotiators (330.03) 04/18/2023 Santa Barbara City Council Final Agenda Page 7 Recommendation: That Council hold a closed session pursuant to Government Code Section 54956.8 to consider price and terms of payment for the exercise of a right of first refusal acquisition of real property.
Real Property: 222 E. Anapamu Street
City Negotiators: Brad Hess, Principal Project Manager; Daniel S. Hentschke, Assistant City Attorney
Negotiating Party: LL&A-2, LLC, Owner
Under Negotiation: Price and terms of property acquisition Scheduling: Duration, 30 mins; anytime
Report: None anticipated
22. Subject: Conference with City Attorney – Threatened Litigation – Gov. Code §54956.9(d)(2) & (e)(3) (160.03)
Recommendation: That Council hold a closed session to consider significant exposure to litigation (one potential case) pursuant to Government Code Section 54956.9(d)(2) & (e)(3) and take appropriate action as needed.
The anticipated litigation is based upon significant exposure to litigation arising out of the of the claim of Woodside HOA and Farmers Insurance Company.
Scheduling: Duration: 15 minutes; anytime
Report: None anticipated
23. Subject: Conference with City Attorney – Threatened Litigation – Gov. Code §54956.9(d)(2) & (e)(3) (160.03)
Recommendation: That Council hold a closed session to consider significant exposure to litigation (one potential case) pursuant to Government Code Section 54956.9(d)(2) & (e)(3) and take appropriate action as needed.
The anticipated litigation is based upon significant exposure to litigation arising out of the of the claim of Macerich La Cumbre LP.
Scheduling: Duration: 15 minutes; anytime
Report: None anticipated
ADJOURNMENT
04/18/2023 Santa Barbara City Council Final Agenda Page 8