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
AUGUST 1, 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.
(CONTINUED ON NEXT PAGE)
ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:00 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. 08/01/2023 Santa Barbara City Council Final Agenda Page 1 AUGUST 1, 2023 AGENDA
REGULAR CITY COUNCIL MEETING – 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Old Spanish Days Fiesta Week - August 2-6, 2023 (120.04)
2. 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 August 31, 2023
CHANGES TO THE AGENDA
CONSENT CALENDAR
3. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meetings of June 13, 2023; June 27, 2023 and the special meeting of June 27, 2023.
4. Subject: Loan to the Turner Foundation for $457,500 for Acquisition of Property Located at 2011 Oak Avenue [Ordinance Adoption, Agreement] (660.04)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Loan Agreement to Turner Foundation in the Amount of $457,500 for Acquisition of the Real Property Located at 2011 Oak Avenue to Be Used for Low-Income Transitional Youth Housing, to Be Secured by a Deed of Trust, and Approving a Ninety-Year Affordability Control Covenant Imposed on Real Property, and Authorizing the Community Development Director to Execute Such Agreements as Necessary. 08/01/2023 Santa Barbara City Council Final Agenda Page 2
5. Subject: Library Department Acceptance of Job Fair Grant [Resolution] (570.04)
Recommendation: That Council:
A. Accept a grant in the amount of $23,000 from the Santa Barbara Foundation for a four-series job fair; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Accept a Grant in the Amount of $23,000 Funded by the Santa Barbara Foundation.
6. Subject: Proposed Changes to Golf Division Fiscal Year 2024 Fees and Charges Schedule [Resolution] (570.02)
Recommendation: That Council:
A. Approve proposed changes to the Fiscal Year 2024 Parks and Recreation Department Golf Division Schedule of Fees and Charges for implementation on August 5, 2023; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Appropriate $3,100, and Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2024 in the Parks and Recreation Department, Golf Division, in the Amount of $3,100.
7. Subject: Resolution Denying the Appeal and Upholding the Decision of the Single Family Design Board Regarding 1269 Ferrelo Road [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 Rose Wills, Charlie Boss, Derek Booth, and A. Michael Marzolla to Reverse the Single Family Design Board’s Decision Approving a Three-Story, Single-Unit Residence, an Attached Garage, and Site Improvements Located at 1269 Ferrelo Road and Making the Findings Supporting the Action.
08/01/2023 Santa Barbara City Council Final Agenda Page 3
8. Subject: Resolution Denying the Appeal and Upholding the Decision of the Single Family Design Board Regarding 3208 Laurel Canyon Road [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 the Law Office of Marc Chytilo on Behalf of Anita Williamson to Reverse the Single Family Design Board’s Decision Approving a Two-Story, Single Unit Residence Development with First and Second Story Additions and a New One-Car Carport at 3208 Laurel Canyon Road and Making the Findings Supporting the Action.
9. Subject: Increase in Construction Change Order Authority for Las Positas and Modoc Roads Multiuse Path Project [Resolution; Agreement] (530.04) Recommendation: That Council:
A. Authorize an increase in the Public Works Director’s Change Order Authority to approve expenditures for extra work for the Las Positas and Modoc Roads Multiuse Path Project, with C.A. Rasmussen, Inc., Contract No. 26,722, in the amount of $161,100, for a total project expenditure authority of $13,230,404; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Allocate Available Appropriations for the Las Positas and Modoc Roads Multiuse Path Project.
10. Subject: Disaster Recovery Management and Recovery Services [Agreement] (520.02)
Recommendation: That Council authorize the Finance Director to enter into an Agreement with Ernst & Young LLP for disaster recovery management services in an amount not to exceed $450,000.
11. Subject: Agreement with Townsend Public Affairs, Inc. for Legislative Advocacy Services [Agreement]
Recommendation: That Council authorize the City Administrator to execute an agreement with Townsend Public Affairs, Inc. in an amount not to exceed $60,000 covering the period from August 1, 2023 to July 30, 2024. 08/01/2023 Santa Barbara City Council Final Agenda Page 4
12. Subject: Contract Amendment with Rincon Consultants for the Dwight Murphy Field Renovation Project [Agreement] (570.05)
Recommendation: That Council authorize the Parks and Recreation Director to execute an amendment to contract #22000234 with Rincon Consultants in the amount of $30,225 for environmental assessment services for the Dwight Murphy Field Renovation Project.
13. Subject: Professional Services Agreement with Cox Communications for Installation and Lease of Fiber Optics for the Santa Barbara Airport [Agreement] (560.01)
Recommendation: That Council authorize the Information Technology Director to execute a Professional Services Agreement with Cox Communications California, LLC in the amount of $52,780, for installation of fiber optics for the Santa Barbara Airport, a 36-month lease of the fiber optics in the amount of $21,240, and authorize the Information Technology Director to approve expenditures of up to $5,278 for extra services that may result from necessary changes in the scope of work.
14. Subject: Recreation Afterschool Program [Agreement] (150.05) Recommendation: That Council authorize the Parks and Recreation Director to enter into an agreement with the Santa Barbara Unified School District for the Recreation Afterschool Program.
This concludes the Consent Calendar.
PUBLIC COMMENT
PULLED CONSENT ITEMS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
08/01/2023 Santa Barbara City Council Final Agenda Page 5
COMMUNITY DEVELOPMENT DEPARTMENT
15. Subject: Agreements for Fiscal Year 2024 with Santa Barbara Alliance for Community Transformation [Agreement]
Recommendation: That Council:
A. Authorize the Community Development Director to execute a funding agreement in the amount of $75,000 with the Santa Barbara Alliance for Community Transformation (SB ACT) to facilitate a community collaborative on homelessness; and
B. Authorize the Community Development Director to execute a funding agreement in the amount of $50,000 with the Santa Barbara Alliance for Community Transformation (SB ACT) to operate Neighborhood Navigation Centers for six months, with the option to extend for six additional months in the amount of $50,000.
CITY ADMINISTRATOR
16. Subject: Advisory Group Guidelines and Update [Resolution] (140.02) Recommendation: That Council:
A. Receive a presentation on proposed Advisory Group guidelines and additional Advisory Group recommendations; and
B. Adopt, by reading of title only, a Resolution of the City of Santa Barbara Rescinding Resolution 13-006, and Adopting New Advisory Group Guidelines.
08/01/2023 Santa Barbara City Council Final Agenda Page 6
PUBLIC WORKS DEPARTMENT
17. Subject: Construction of the Vision Zero State Street Undercrossing Project [Resolution; Agreement] (530.04)
Recommendation: That Council:
A. Award a contract with C.A. Rasmussen, Inc., in their low bid amount of $6,494,930 for construction of the Vision Zero State Street Undercrossing Project, Bid No. 3964; and authorize the Public Works Director to execute the contract and approve expenditures up to $649,493 to cover any cost increases that may result from contract change orders for extra work and differences between the estimated bid quantities and actual quantities measured for payment, for a total expenditure authority of $7,114,423; B. Authorize the Public Works Director to execute a contract with Filippin Engineering in the amount of $640,063 for construction management services of the Vision Zero State Street Undercrossing Project, and to approve expenditures of up to $64,000 for potential extra services that may result from necessary changes, for a total expenditure authority of $704,063;
C. Approve a sole source contract with David Shelton Inc. in the amount of $1,711,142 for fabrication and installation of ironwork for the Vision Zero State Street Undercrossing Project and authorize the Public Works Director to execute the contract and approve expenditures up to $171,114 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, for a total expenditure authority of $1,882,256; D. Approve a sole source contract with Upton Construction in the amount of $428,504 for the fabrication and installation of tiled columns for the Vision Zero State Street Undercrossing Project and authorize the Public Works Director to execute the contract and approve expenditures up to $42,850 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, for a total expenditure authority of $471,354;
E. Authorize the Public Works Director to execute the Third Amendment to City Professional Services Agreement No. 26,510 with Bengal Engineering, Inc., in the amount of $50,000 for design support during the construction of the Vision Zero State Street Undercrossing Project, for a total expenditure authority of $919,622;
08/01/2023 Santa Barbara City Council Final Agenda Page 7 F. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Appropriate Funds for the Construction of the Vision Zero State Street Undercrossing Project; and
G. Authorize the City Administrator to execute the Freeway Maintenance Agreement between the City of Santa Barbara and the California Department of Transportation for ongoing maintenance of the Vision Zero State Street Undercrossing Project.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Agenda Item No. 1
File Code No. 120.04
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 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 August 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 August 31, 2023.
ATTACHMENT: August 2023 Service Awards
PREPARED BY: Talhia Dorado, Administrative Specialist
SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office
Agenda Item No. 2
ATTACHMENT
August 2023 SERVICE AWARDS
August 1, 2023 Council Meeting
5 Years
William Alva, City Attorney Investigator II, City Attorney's Office Laura Dubbels, Housing and Human Services Manager, Community Development Department Joscelyn Martinez, Police Technician, Police Department Sarah Knowles, Senior Recreation Supervisor, Parks & Recreation Department Jessica Metzger, Project Planner, Airport Department
Elijah Brower, Harbor Patrol Officer, Waterfront Department 10 YEARS
Mike Wiltshire, Waterfront Director Harbormaster, Waterfront Department 15 YEARS
Sadie Carr, Police Services Coordinator, Police Department Sergio Arriaga, Facilities Maintenance Supervisor, Public Works Department 20 YEARS
Richard Aparicio, Environmental Services Specialist II, Sustainability & Resilience Department 25 YEARS
Richard Hanna, Recreation Programs Manager, Parks & Recreation Department 06/13/2023 Santa Barbara City Council Minutes Page 1 of 13
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 13, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Finance Committee and Ordinance Committee, which ordinarily meet at 12:00 p.m., did not meet this day.)
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: Pride Month June 2023 (120.04)
Action: Proclamation presented by Mayor Rowse and received by Neil CoffmanGrey and Kristin Flickinger.
Speakers
- Members of the Public: Ashley Griffin; Patricia Clancy; Tania Israel; David Landecker.
CHANGES TO THE AGENDA
There were no changes to the agenda.
CONSENT CALENDAR (Item Nos. 2 – 15)
Agenda Item No. 3
06/13/2023 Santa Barbara City Council Minutes Page 2 of 13 The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers Friedman/Harmon to approve Consent Calendar items as recommended.
Vote:
Unanimous roll call vote.
2. Subject: Adoption of Ordinance Approving the 2022-2023 Unrepresented Non-Supervisory Confidential Employees Salary Plan [Ordinance Adoption] (440.02)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2022-2023 Salary Plan Applicable to Unrepresented Non-Supervisory Confidential Employees.
Action: Approved the recommendation; Ordinance No. 6116.
3. Subject: Establishing Speed Limits [Ordinance Introduction] (530.05) Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Section 10.60.015 of the Santa Barbara Municipal Code by Revising and Establishing Prima Facie Speed Limits on Certain Portions of Alamar Avenue, De La Vina Street, La Colina Road, Miramonte Drive, and Yanonali Street.
Action: Approved the recommendation; Proposed Ordinance (June 13, 2023 Council Agenda Report and any attachments).
4. Subject: Water Supply Update and Repeal of Stage Two Water Shortage Alert [Resolution] (540.08)
Recommendation: That Council:
A. Receive an update on the City’s water supply condition; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Repealing Resolution No. 22-067 Establishing a Stage Two Water Shortage Alert.
Action: Approved the recommendations; Resolution No. 23-067 (June 13, 2023 Council Agenda Report and any attachments).
5. Subject: Best Interest Waiver for the Construction of the Cabrillo Pavilion Windscreen Project and PARC Foundation Funds [Resolution] (700.06) 06/13/2023 Santa Barbara City Council Minutes Page 3 of 13 Recommendation: That Council:
A. Approve a Best Interest Waiver under Santa Barbara Municipal Code §4.52.070, subdivision L authorizing the General Services Manager to issue a Contract in the amount of $84,827 to Chapala Iron for the Cabrillo Pavilion Windscreen 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 Increase Revenue and Expenditure Appropriations by $131,479 in the Parks and Recreation Department Fiscal Year 2023 Capital Outlay Fund for the Cabrillo Pavilion Windscreen Project.
Action: Approved the recommendations; Resolution No. 23-068 (June 13, 2023 Council Agenda Report and any attachments).
6. Subject: Amendments to Professional Services Agreements for Permit, Plan Check, and Inspection Services [Resolution; Agreement] (640.04) Recommendation: That Council:
A. Authorize the Community Development Director to execute the fourth amendment to increase the amount of Santa Barbara City Agreement No. 26,978 with Bureau Veritas North America, Inc., by $200,000, for a total contract amount of $945,000, to provide permit, plan check, and inspection services;
B. Authorize the Community Development Director to execute the fourth amendment to increase the amount of Santa Barbara City Agreement No. 26,979 with Interwest Consulting Group, by $50,000, for a total contract amount of $485,000, to provide permit, plan check, and inspection services; and
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 Revenue and Expenditure Appropriations in the General Fund in the Amount of $200,000 from Building Permit Revenues Projected to Exceed the Fiscal Year 2023 Revised Budget Amount by at Least $200,000, to Cover the Costs of Amendments to Santa Barbara City Agreements No. 26,978 and No. 26,979.
Action: Approved the recommendations; Resolution No. 23-069; Agreement Nos. 26,978.4; 26,979.4 (June 13, 2023 Council Agenda Report and any attachments). 06/13/2023 Santa Barbara City Council Minutes Page 4 of 13
7. Subject: Projects for Fiscal Year 2023-2024 Funded by SB 1: the Road Repair And Accountability Act [Resolution] (530.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting Projects for Fiscal Year 2023-2024, Funded by SB 1: the Road Repair and Accountability Act.
Action: Approved the recommendation; Resolution No. 23-070 (June 13, 2023 Council Agenda Report and any attachments).
8. Subject: Intention to Levy Parking and Business Improvement Area Assessment Rates and Parking and Business Improvement Area Annual Assessment Report for Fiscal Year 2024 [Resolution] (550.1) Recommendation: That Council:
A. Approve the Parking and Business Improvement Area Annual Assessment Report for Fiscal Year 2024; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring Council’s Intention to Levy Parking and Business Improvement Area Assessment Rates for Fiscal Year 2024, at a Public Hearing to be Held on June 27, 2023, at 2:00 PM.
Action: Approved the recommendations; Resolution No. 23-071 (June 13, 2023 Council Agenda Report and any attachments.)
9. Subject: Acceptance of Grant Funds and Contract Approval for Climate Adaptation Projects [Resolution; Agreement] (630.01)
Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Accepting Two Grants from the California State Coastal Conservancy in the Total Amount of $2,680,000, and Amending Resolution No. 22-059 to Approve an Increase in Revenue and Expenditure Appropriations in the Sustainability and Resilience Miscellaneous Grants Fund in the Amount of $2,680,000; and
B. Authorize the Sustainability and Resilience Director to execute a Professional Services Agreement with Water Systems Consulting for consulting services on the Wastewater and Water Systems Adaptation Project in the amount of $599,912 and authorize the Sustainability and Resilience Director to approve expenditures of up to $90,000 for extra services that may result from necessary changes in the scope of work. 06/13/2023 Santa Barbara City Council Minutes Page 5 of 13 Action: Approved the recommendations; Resolution No. 23-072; Agreement No. 28,364 (June 13, 2023 Council Agenda Report and any attachments).
10. Subject: Construction of Fiscal Year 2023C Street Related Concrete Curb, Gutter, Sidewalk, and Access Ramps Project and Program Support [Resolution; Agreement] (530.04)
Recommendation: That Council:
A. Award a contract with Lash Construction, Inc. in their low bid amount of $6,313,510 for construction of the Fiscal Year 2023C Street Related Concrete Curb, Gutter, Sidewalk, and Access Ramps Pavement Maintenance Project, Bid No. 5004; and authorize the Public Works Director to execute the contract and approve expenditures up to $631,351 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 Flowers & Associates, Inc. in the amount of $532,415 for construction support services of the Fiscal Year 2023C Pavement Maintenance Project, and authorize $53,242 for potential extra services, for a total expenditure authority of $585,657;
C. Authorize the Public Works Director to execute the First Amendment to City Professional Services Contract No. 28,330 with Flowers & Associates, Inc. for design services for the Fiscal Year 2024 Pavement Maintenance Project in the amount of $56,264, for a total expenditure authority of $491,651; D. Determine that the Fiscal Year 2023C Pavement Maintenance Project is exempt under California Environmental Quality Act Guidelines § 15301 (c) and § 15302 (c);
E. Approve Construction of the Fiscal Year 2023C Street Related Concrete Curb, Gutter, Sidewalk, and Access Ramps Project and Program Support and direct the filing of a Notice of Exemption in compliance with California Environmental Quality Act Guidelines § 15062; and
F. 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 Street Related Concrete Curb, Gutter, Sidewalk and Access Ramps and Program Support.
Action: Approved the recommendations; Resolution No. 23-073; Agreement Nos. 28,365, 28,366, 28,330.1 (June 13, 2023 Council Agenda Report and any attachments).
06/13/2023 Santa Barbara City Council Minutes Page 6 of 13
11. Subject: Purchase of 222 East Anapamu Street (Police Department Annex) [Resolution; Agreement] (520.01)
Recommendation: That Council:
A. Authorize the Public Works Director to execute a standard offer, agreement, and escrow instructions for purchase of real estate to acquire the real property generally described as 222 East Anapamu Street (APN 029-162- 005) for a price of $4,300,000 and to take all necessary actions, subject to approval by the City Attorney, to implement the transaction; 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, for Appropriation of Additional Funds for the Acquisition of Real Property Located at 222 East Anapamu Street.
Action: Approved the recommendations; Resolution No. 23-074; Agreement No. 28,367 (June 13, 2023 Council Agenda Report and any attachments).
12. Subject: Approval of Five-Year Pre-Qualified Data Integration Consultants for Water Resources Facilities Support [Agreement] (540.01) Recommendation: That Council:
A. Approve a pre-qualified list of consultants to provide data integration services to support the Water Resources Division’s water and wastewater facilities for a five-year period, ending June 30, 2028; and B. Authorize the Public Works Director to execute four five-year Task Order Agreements with the selected consultants to provide on-call data integration services in an amount not to exceed $250,000 each.
Action: Approved the recommendations; Agreement Nos. 28,368; 28,369; 28,370; 28,371 (June 13, 2023 Council Agenda Report and any attachments.)
13. Subject: Environmental Consulting Services for the Vic Trace Reservoir Replacement Project [Agreement] (540.01)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with Rincon Consultants, Inc. in the amount of $109,723 for initial environmental and permitting services for the Vic Trace Reservoir Replacement Project and authorize $10,972 for potential extra services, for a total expenditure authority of $120,695.
06/13/2023 Santa Barbara City Council Minutes Page 7 of 13 Action: Approved the recommendation; Agreement No. 28,372 (June 13, 2023 Council Agenda Report and any attachments).
14. Subject: Amendment to the Joint Powers Agreement Creating the Central Coast Water Authority for Actions for Groundwater Storage [Agreement] (540.03)
Recommendation: That Council authorize the mayor to execute a Second Amendment to the Joint Powers Agreement creating the Central Coast Water Authority, relating to contracts or other actions taken regarding the storage and use of water in a groundwater bank, reservoir, or any other system or facilities for the storage of water.
Action: Approved the recommendation; Agreement No. 28,373 (June 13, 2023 Council Agenda Report and any attachments).
15. Subject: Waterfront Department Purchase Order with Momentum Work, Incorporated for Marina Janitorial Services (570.03)
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) and authorize the General Services Manager to issue annual purchase orders to Momentum Work, Incorporated for marina janitorial services at the Waterfront for Fiscal Year 2024 in an amount not to exceed $425,000, and for Fiscal Year 2025 in an amount not to exceed $438,000 subject to budget appropriations.
Action: Approved the recommendation (June 13, 2023 Council Agenda Report and any attachments.)
This concluded the Consent Calendar.
PUBLIC COMMENT
Members of the Public: Mark Wofford; Eplanet Thunderstriker; Art Ludwig; Barney Melekian; Jonathan Puu.
PULLED CONSENT ITEMS
None.
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
There were no reports.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
06/13/2023 Santa Barbara City Council Minutes Page 8 of 13
FINANCE DEPARTMENT
16. Subject: Adoption of the Two-Year Financial Plan for Fiscal Years 2024 and 2025 and the Operating and Capital Budget for Fiscal Year 2024 (230.05) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara, Adopting the Two-Year Financial Plan for Fiscal Years 2024 and 2025;
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the Budget for the Fiscal Year 2024 by Appropriating Moneys for the Use and Support of Said City from the Funds and to the Purposes Herein Specified;
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing the City’s Appropriation Limitation for Fiscal Year 2024;
D. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending the City of Santa Barbara Schedule of Penalties, Fees, and Service Charges;
E. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending the City of Santa Barbara Waterfront Harbor Slip, Mooring, and User Fees;
F. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing a Citywide Cost Recovery and Revenue Policy; G. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing Classified and Unclassified Positions in the City’s Service Effective July 1, 2023, and Providing a Schedule of Classifications and Salaries for the Same in Accordance with the Operating Budget for the 2024 Fiscal Year;
H. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Continuation of Capital and Special Project Appropriations to Fiscal Year 2024;
I. Introduce, and subsequently adopt by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 4.24 of the Santa Barbara Municipal Code by Repealing Section 4.24.060 Relating to the Garbage Collection Tax;
06/13/2023 Santa Barbara City Council Minutes Page 9 of 13 J. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Confirming and Amending Rate Setting Formula for Santa Barbara Clean Energy;
K. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Public Works Director to Execute Water Purchase Agreements, in a Form Approved by the City Attorney, and in Accordance with the Appropriation in the Approved Budget as May Be Amended from Time to Time; and
L. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara to Adopt the Abandoned Shopping Cart Recovery Fee.
Documents:
- June 13, 2023 Council Agenda Report and any attachment(s) - Proposed Resolutions.
- PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Finance Director Keith De Martini.
- Members of the Public: Vince Mrstik; Anita Williamson; Arturo Tello; Eplanet Thunderstriker.
Discussion:
- Councilmembers’ questions were answered.
Councilmember O. Gutierrez stated that he was recommended by the City Attorney to recuse himself from anything regarding TVSB as a Councilmember because of his 17 year employment by that organization and that accordingly he would recuse himself from consideration of Item B.
Councilmember O. Gutierrez was excused from the meeting at 3:12 p.m.
Motion:
Councilmembers Jordan/Friedman for the recommended action for Item B; Resolution No. 23-076.
Vote:
Unanimous roll call vote (Recused: Councilmember O. Gutierrez).
Councilmember O. Gutierrez returned to the meeting at 3:13 p.m.
Mayor Rowse stated that he was recusing himself from consideration of Item E because he has a mooring slip.
Mayor Rowse was excused from the meeting at 3:13 p.m.
Motion:
06/13/2023 Santa Barbara City Council Minutes Page 10 of 13 Councilmember Friedman/Harmon for the recommended action for Item E; Resolution No. 23-079.
Vote:
Unanimous roll call vote (Recused: Mayor Rowse).
Mayor Rowse returned to the meeting at 3:14 p.m.
Councilmember Friedman stated that he would recuse himself from consideration of item L as it may affect his employer’s income.
Councilmember Friedman was excused from the meeting at 3:15 p.m.
Motion:
Councilmembers Jordan/Harmon for the recommended action for Item L; Resolution No. 23-085.
Vote:
Unanimous roll call vote (Recused: Councilmember Friedman).
Councilmember Friedman returned to the meeting at 3:17 p.m.
Motion:
Councilmember Jordan/Friedman for the recommended action for Item F; Resolution No. 23-080
Vote:
Majority roll call vote (Noes: Councilmember Sneddon).
Motion:
Councilmembers Jordan/O. Gutierrez for the recommended actions for items A, C, D, G. H, I, J and K; Proposed Ordinance; Resolution Nos. 23- 075; 23-077; 23-078; 23-081; 23-082; 23-083; 23-084
Vote:
Unanimous roll call vote.
COMMUNITY DEVELOPMENT DEPARTMENT
17. Subject: Amendment to Single Family Design Board Appeal Process [Ordinance Introduction] (640.03)
Recommendation: That Council:
A. Find that the proposed ordinance amendments to sections 22.69.030,
22.69.080, and 22.69.090 of the Santa Barbara Municipal Code is categorically exempt from further environmental review pursuant to SBMC §22.100.070.C.5.c – Class 5: Minor Alterations in Land Use Limitations; and 06/13/2023 Santa Barbara City Council Minutes Page 11 of 13 B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Sections 22.69.030,
22.69.080, and 22.69.090 of the Santa Barbara Municipal Code to Amend Appeal Procedures of the Single Family Design Board.
Documents:
- June 13, 2023 Council Agenda Report and any attachments - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Design Supervisor Ellen Kokinda; Assistant City Attorney Tava Ostrenger.
- Single Family Design Board: Leslie Colasse
- Members of the Public: Anita Williamson; A. Michael Marzella; Todd Shea; Fred Sweeney; Andrew Juiliano.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Jordan/Friedman to approve the recommended actions and direct staff to return with a report approximately one year after the program is instituted; Proposed Ordinance.
Vote:
Majority roll call vote (Noes: Councilmembers O. Gutierrez and Sneddon).
COUNCILMEMBER ENGAGEMENTS
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. Happy 94th birthday to Sheila Lodge; 2. Honor her Aunt Joy Shaw.
Councilmember Sneddon was excused at 4:56 p.m.
RECESS
4:56 p.m. – 6:00 p.m.
CEREMONIAL ITEMS
18. Subject: Recognition of SBFD's Community Emergency Response Team Program Graduates - 6:00 p.m. estimated time (120.04)
Action: Proclamation presented by Mayor Rowse and received by Fire Chief Chris Mailes; Fire Public Education Coordinator Liliana Encinas; and the following graduates: Isabel Beveridge; Isael Castellano; Lidia Cordero; Vicky Estrada; Johana Garzon; Monica 06/13/2023 Santa Barbara City Council Minutes Page 12 of 13 Gastelum; Lila Luna Hernandez; Feliciana Moran; Catalina Moreno; Romelia Reyes; Maria Salgado; Juan Sanchez; Alma Rosa Serrano; Marcelo Silva; Lizbeth Zamora.
MAYOR AND COUNCIL REPORTS
19. Subject: Interviews for City Advisory Groups (140.05) Recommendation: That Council hold interviews of applicants to various City Advisory Groups (Est. time 6:00 p.m.).
Documents:
- June 13, 2023 Council Agenda Report and any attachments.
Speakers:
- Members of the public: None
Interviewees:
Applicant Speakers: Committee:
Teri Ball Arts Advisory Committee; Community Events and Festivals Committee
George Yatchisin Arts Advisory Committee
Barbara Silver Citizens Oversight Committee
Zachary Kramer Community Development and Human Services Committee; Neighborhood Advisory Council
Dacia Harwood Community Events and Festivals Committee
Kate Ford Harbor Commission
Elly Cuevas Santa Barbara Youth Council
Gabriel Scussat Santa Barbara Youth Council
Alok Thakrar Santa Barbara Youth Council
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. New Beginnings grand opening; 2. Green and Blue Gala for Environmental Defense Center.
Mayor Pro Tem A. Gutierrez reported on their attendance at the following events or made the following comments: 1. New Beginnings grand opening.
Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. McKinley Elementary School graduation; 2. Santa Barbara 06/13/2023 Santa Barbara City Council Minutes Page 13 of 13 Police Department Torch Run for the Special Olympics; 3. Ribbon Cutting for Kimpton Canary Hotel’s Finch and Fork Restaurant; 4. State Street RAP meeting; 5. Communify luncheon; 6. New Beginnings ribbon cutting.
Mayor Rowse reported on their attendance at the following events or made the following comments: 1. Meeting with Salud Carbajal and FEMA; 2. SLO Chamber of Commerce;
3. Green Hills Software meeting.
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Rowse adjourned the meeting at 6:38 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on August 1, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
06/27/2023 Santa Barbara City Council Minutes Page 1 of 19
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 27, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Finance Committee and Ordinance Committee met at 12:00 p.m.)
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: Assistant City Administrator René Eyerly, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: Juneteenth - June 19, 2023 (120.04)
Proclamation presented by Mayor Rowse and received by Dr. Charlotte GullapMoore.
CHANGES TO THE AGENDA
CONSENT CALENDAR (Item Nos. 3 – 4, 6 – 22, 24)
The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers Friedman/Jordan to approve Consent Calendar items 3 – 4, 6 – 22, 24 as recommended.
Vote:
06/27/2023 Santa Barbara City Council Minutes Page 2 of 19 Unanimous roll call vote.
3. Subject: Amendment of Chapter 4.24 of the Santa Barbara Municipal Code Relating to the Garbage Collection Tax [Ordinance Adoption] (230.05) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 4.24 of the Santa Barbara Municipal Code by Repealing Section 4.24.060 Relating to the Garbage Collection Tax.
Action: Approved the recommendation; Ordinance No. 6117.
4. Subject: Establishing Speed Limits [Ordinance Adoption] (530.05) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 10.60.015 of the Santa Barbara Municipal Code by Revising and Establishing Prima Facie Speed Limits on Certain Portions of Alamar Avenue, De La Vina Street, La Colina Road, Miramonte Drive, and Yanonali Street.
Action: Approved the recommendation; Ordinance No. 6118.
6. Subject: Increase the Settlement Authority Delegated to the City Administrator to Resolve a Claim for Damages [Resolution] (350.08) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing the Procedure for Handling Money or Damage Claims and Lawsuits Filed Against the City of Santa Barbara and Repealing Resolution No. 15-059; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing the Procedure and the Increasing the Settlement Authority of the City Administrator in Submitting Workers’ Compensation Stipulations with Request for Award to the Workers’ Compensation Appeals Board and Repealing Resolution No. 17-080.
Action: Approved the recommendations; Resolution Nos. 23-086; 23-087 (June 27, 2023 Council Agenda Report and any attachments).
7. Subject: Records Destruction for Parks and Recreation Department [Resolution] (160.06)
06/27/2023 Santa Barbara City Council Minutes Page 3 of 19 Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Relating to the Destruction of Records Held by the Parks and Recreation Department in the Administration, Golf, Parks, and Recreation Divisions.
Action: Approved the recommendations; Resolution No. 23-088 (June 27, 2023 Council Agenda Report and any attachments).
8. Subject: Best Interest Waiver for Security Upgrades in Support of the Santa Barbara Airport South Terminal Apron Redevelopment Project [Resolution] (560.01)
Recommendation: That Council:
A. Find that it to be in the City’s best interest to waive the formal bid process pursuant to Municipal Code Section 4.52.070(L) and authorize the General Services Manager authority to award a purchase order to Birdi Systems, Inc. in the amount of $210,754 for security upgrades in support of the Santa Barbara Airport South Terminal Apron Redevelopment Project and approve expenditures up to $21,075 to cover any cost increases that may result from extra work and unforeseen conditions; 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 of Fiscal Year 2023, to Appropriate Funds for the Security Upgrades in Support of the Santa Barbara Airport South Terminal Apron Redevelopment Project.
Action: Approved the recommendations; Resolution No. 23-089 (June 27, 2023 Council Agenda Report and any attachments).
9. Subject: Authorize the Execution of a Surety Bond to Meet the Financial Security Requirement for Santa Barbara Clean Energy [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 Execution of a Surety Bond to Meet the Financial Security Requirement for Santa Barbara Clean Energy.
Action: Approved the recommendation; Resolution No. 23-090 (June 27, 2023 Council Agenda Report and any attachments).
10. Subject: Acceptance of Clean Air Center Program Grant [Resolution] (630.02) Recommendation: That Council:
06/27/2023 Santa Barbara City Council Minutes Page 4 of 19 A. Accept a grant in the amount of $83,524 from the California Air Pollution Control Officers Association for HVAC upgrades at the Central and Eastside Libraries so they can be used as Clean Air Centers during wildfire smoke events; 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 Grant in the Amount of $83,524 funded by the California Air Pollution Control Officers Association.
Action: Approved the recommendations; Resolution No. 23-091 (June 27, 2023 Council Agenda Report and any attachments).
11. Subject: Resolution Amending the Schedule of Penalties, Fees and Service Charges to Correct Non-Substantive Clerical Errors [Resolution] (230.05) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Directing the City Clerk to Correct Clerical Errors by Inserting Replacement Pages into Resolution 23-078 Adopted on June 13, 2023, Which Shall Become Effective on July 1, 2023, or As Provided Therein, and Amended the City of Santa Barbara Schedule of Penalties, Fees, and Service Charges.
Action: Approved the recommendation; Resolution No. 23-092 (June 27, 2023 Council Agenda Report and any attachments).
12. Subject: May 2023 Investment Report (260.02)
Recommendation: That Council accept the May 2023 Investment Report.
Speaker: Finance Director Keith DeMartini.
Action: Approved the recommendation (June 27, 2023 Council Agenda Report and any attachments.)
13. Subject: Enterprise Software Agreement with Environmental Systems Research Institute (ESRI) for Renewal of Geographic Information System Software [Agreement] (170.04)
Recommendation: That Council authorize the Information Technology Director to execute an Enterprise License Agreement with Environmental Systems Research Institute (ESRI) in the amount of $170,100 for a 3-year Geographic Information System software support and maintenance agreement.
Action: Approved the recommendation; Agreement No. 28,378 (June 27, 2023 Council Agenda Report and any attachments).
06/27/2023 Santa Barbara City Council Minutes Page 5 of 19
14. Subject: Professional Services Agreement with Explore Ecology for Youth Education on Waste Reduction [Agreement] (630.02)
Recommendation: That Council:
A. Authorize the Sustainability & Resilience Director to execute a professional services agreement with Explore Ecology in the amount of $45,000 for the provision of waste reduction and composting education services in Fiscal Year 2024; and
B. Authorize the Sustainability & Resilience Director to execute professional services agreements, in a form acceptable to the City Attorney, with Explore Ecology for waste reduction and composting education services for Fiscal Years 2025 and 2026, in an amount not to exceed $60,000 per year, subject to future appropriations.
Action: Approved the recommendations; Agreement No. 28,375 (June 27, 2023 Council Agenda Report and any attachments).
15. Subject: Marketing and Promotions with Downtown Organization of Santa Barbara, Inc. [Agreement] (550.01)
Recommendation: That Council authorize the Public Works Director to execute a one-year agreement in the amount of $303,800 with Downtown Organization of Santa Barbara, Inc. (dba Downtown Santa Barbara) for marketing and promotions from July 1, 2023 through June 30, 2024.
Action: Approved the recommendation; Agreement No. 28,376 (June 27, 2023 Council Agenda Report and any attachments).
16. Subject: Increase and Extend Professional Services Agreement with Jacobs Aviation Advisory Services [Agreement]
Recommendation: That Council authorize the Airport Director to execute an amendment to the Professional Service Agreement with Jacobs Engineering Group Inc. (Contract No. 27,069) to extend the term of the agreement two years and increase the contract amount $200,000 to $390,000.
Action: Approved the recommendation; Agreement No. 27,069.1 (June 27, 2023 Council Agenda Report and any attachments).
17. Subject: Professional Services Agreement with Hiltachk Marketing Group [Agreement] (560.01)
06/27/2023 Santa Barbara City Council Minutes Page 6 of 19 Recommendation: That Council authorize the Airport Director to enter into a Professional Services Agreement with Hiltachk Marketing Group for a three-year term in an amount not to exceed $630,000.
Action: Approved the recommendation; Agreement No. 28,377 (June 27, 2023 Council Agenda Report and any attachments).
18. Subject: Land Surveyor Services for the Westside and Lower West Neighborhood Active Transportation Project [Agreement] (670.01) Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with Encompass Consultant Group, Inc. in the amount of $117,895 for land surveyor services and authorize $17,685 for potential extra services, for a total expenditure authority of $135,580.
Action: Approved the recommendation; Agreement No. 28,378 (June 27, 2023 Council Agenda Report and any attachments).
19. Subject: Agreement with On Duty Health for Fire Department Medical and Fitness Exams [Agreement] (520.03)
Recommendation: That Council authorize the Fire Chief to execute a Professional Services Agreement with On Duty Health for a three-year term with a not-toexceed amount of $224,820 to provide health and wellness assessments to the Fire Department.
Action: Approved the recommendation; Agreement No. 28,379 (June 27, 2023 Council Agenda Report and any attachments).
20. Subject: Amendments to Legal Services Agreements for Special Workplace Investigation Services [Agreement] (350.01)
Recommendation: That Council:
A. Authorize the City Administrator to execute an amended investigation services agreement with Van Dermyden Makus to increase the not to exceed amount from $35,000 to a new amount not to exceed $250,000 for special counsel services related to existing personnel matters; B. Authorize the City Administrator to execute an amended investigation services agreement with Aisha Shelton Adam of the Adam Law Investigations firm to increase the not to exceed amount from $35,000 to a new amount not to exceed $60,000 for special counsel services related to existing personnel matters; and
06/27/2023 Santa Barbara City Council Minutes Page 7 of 19 C. Authorize the City Administrator to execute an amended investigation services agreement with Garon Wyatt Investigative Services to increase the not-to-exceed amount from $35,000 to a new amount not to exceed of $100,000 for special counsel services related to existing personnel matters.
Action: Approved the recommendations; Agreement Nos. 28,380; 28,381; 28,382 (June 27, 2023 Council Agenda Report and any attachments).
21. Subject: Designation of Proposed Development at 3237 State Street as a Community Benefit Project (610.01)
Recommendation: That Council designate the proposed new community health clinic project at 3237 State Street as a Community Benefit Project pursuant to Santa Barbara Municipal Code Chapter 30.170 and allocate an additional 5,838 square feet (net) of nonresidential floor area to the project from the Nonresidential Growth Management Program’s Community Benefit Category.
Action: Approved the recommendation (June 27, 2023 Council Agenda Report and any attachments).
22. Subject: Designation of Proposed Development at 531 East Ortega Street (Providence School) as a Community Benefit Project (610.01) Recommendation: That Council designate the proposed project at 531 E Ortega Street as a Community Benefit Project pursuant to Santa Barbara Municipal Code Chapter 30.170 and allocate 6,500 square feet (net) of nonresidential floor area to the project from the Nonresidential Growth Management Program’s Community Priority Project Category.
Action: Approved the recommendation (June 27, 2023 Council Agenda Report and any attachments).
24. Subject: Cachuma Conservation Release Board Fiscal Year 2024 Budget Ratification (540.03)
Recommendation: That Council ratify the Cachuma Conservation Release Board’s Fiscal Year 2024 Budget, with the City’s proportional share not to exceed $490,560.
Action: Approved the recommendation (June 27, 2023 Council Agenda Report and any attachments).
REPORT FROM THE FINANCE COMMITTEE
06/27/2023 Santa Barbara City Council Minutes Page 8 of 19 Finance Committee Chair Friedman reported that the Finance Committee received a presentation on proposed updates to Advisory Group rules and procedures and voted unanimously in support of the item, which will be brought to Council.
REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair O. Gutierrez reported that Ordinance Committee reviewed a proposed ordinance to allow a special modification to the City’s noise ordinance on New Year’s Eve and voted to send the item to Council for a full discussion.
PUBLIC COMMENT
Members of the Public: Mark Wofford; Brian Deignan, Alan Howard, Matthew Clint Orr, Graham Martin-Setaro; Aron Ashland.
PULLED CONSENT ITEMS
2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meetings of May 23, 2023; June 6, 2023 and the special meetings of May 24, 2023; May 25, 2023; May 31, 2023; June 5, 2023; June 6, 2023; June 7, 2023.
Documents:
- May 23, 2023 regular meeting minutes
- June 6, 2023 regular meeting minutes (as corrected)
- May 24, 2023 special meeting minutes
- May 25, 2023 special meeting minutes
- May 31, 2023 special meeting minutes
- June 5, 2023 special meeting minutes
- June 6, 2023 special meeting minutes
- June 7, 2023 special meeting minutes
Motion:
Councilmembers Friedman/O. Gutierrez to approve the recommended action with correction.
Vote:
Unanimous roll call vote.
5. Subject: Amendment to Single Family Design Board Appeal Process [Ordinance Adoption] (640.03)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Sections 22.69.030, 22.69.080, 06/27/2023 Santa Barbara City Council Minutes Page 9 of 19 and 22.69.090 of the Santa Barbara Municipal Code to Amend Appeal Procedures of the Single Family Design Board.
Documents:
Proposed Ordinance.
Motion:
Councilmembers Friedman/O. Gutierrez to approve the recommended action; Ordinance No. 6119.
Vote:
Majority roll call vote (Noes: Councilmember Sneddon.)
23. Subject: Designation of Proposed Development at 138 Powers Avenue (High Seas Mead) as a Community Benefit Project (610.01)
Recommendation: That Council designate the proposed project at 138 Powers Avenue as a Community Benefit Project pursuant to Santa Barbara Municipal Code Chapter 28.85 and allocate 750 square feet (net) of nonresidential floor area to the project from the Nonresidential Growth Management Program’s Economic Development Category.
Documents:
- June 27, 2023 Council Agenda Report and any attachment(s) Speakers:
- Staff: Associate Planner Tony Boughman.
- Members of the Public: Anne Corrigan.
Motion:
Councilmembers Jordan/Harmon to approve the recommended action.
Vote:
Unanimous roll call vote.
CONSENT PUBLIC HEARING
25. Subject: Public Hearing Regarding Parking and Business Improvement Area Annual Assessment Report for Fiscal Year 2024 [Resolution] (550.1) Recommendation: That Council:
A. Consider any appropriate protests to the Parking and Business Improvement Area Annual Assessment Report for Fiscal Year 2024, as required under the California Parking and Business Improvement Area Law of 1989; and
06/27/2023 Santa Barbara City Council Minutes Page 10 of 19 B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara, Fixing and Assessing the Parking and Business Improvement Area Assessment Rates for Fiscal Year 2024, and Confirming Approval of the Parking and Business Improvement Area Annual Assessment Report for Fiscal Year 2024.
Public Hearing opened: 2:20 p.m.
Documents:
- June 27, 2023 Council Agenda Report and any attachment(s) - Proposed Resolution.
Speakers:
- Members of the public: None.
Public Hearing closed: 2:21 p.m.
Motion:
Councilmembers Friedman/Harmon to approve the recommended action; Resolution No. 23-093.
Vote:
Unanimous roll call vote.
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Airport Commission; 2. Sea Level Rise committee; 3. Solstice Parade; 4. City Hall safety training; 5. Title IX celebration.
Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. Downtown Food and Beverage meeting; 2. SBACT meeting;
3. Westside Health Collaborative meeting; 4. SB Earthquake Centennial meeting; 5.
Community Forum on State Street; 6. SCE wildfire outreach presentation; 7. City Hall safety training; 8. Fire and Police Commission meeting (cancelled due to no quorum); 9.
Street vending meeting.
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. COMB meeting; 2. Solstice Parade; 3. Sidewalk vending meeting; 4. HLC meeting; 5. Community Forum on State Street; 6. Downtown Food and Beverage meeting.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC WORKS DEPARTMENT
06/27/2023 Santa Barbara City Council Minutes Page 11 of 19
26. Subject: Continued Closure of State Street Promenade to Motor Vehicles and Direction Regarding Future of Temporary Outdoor Dining Operations Upon Expiration of the Economic Recovery Extension and Transition Ordinance (530.04)
Recommendation: That Council:
A. Direct the City Attorney to prepare an ordinance that will continue closure to motor vehicles on the 500 through 1200 blocks of State Street and continue the revised vehicle configurations on the 400 and 1300 blocks of State Street, until December 31, 2026, or until adoption of the Create State - State Street Master Plan permanent ordinance implementing the traffic pattern recommendation, whichever is earlier;
B. Direct the City Attorney to prepare an ordinance to continue temporary outdoor business facilities on the 500 through 1300 blocks of State Street, subject to the rules and regulations under Ordinance No. 6055, including maintenance of valid outdoor business facility license agreements and payment of required monthly license fees; and
C. Direct the Community Development Department to establish submittal requirements and an application deadline for a complete development application under applicable zoning requirements for on-site outdoor facilities and allow on-site outdoor facilities established under Ordinance No. 6055 to remain in place past December 31, 2023, while the application is processed.
Documents:
- June 27, 2023 Council Agenda Report and any attachments Speakers:
- Staff: Public Works Manager Brian Bosse, Downtown Plaza Parking Manager Sarah Clark; Public Works Director Clifford Maurer; Principal Traffic Engineer Derrick Bailey; Assistant City Attorney John Doimas; Assistant City Attorney Tava Ostrenger; State Street Master Planner Tess Harris.
RECESS
4:15 p.m. – 4:32 p.m.
- Members of the Public: David Weinert; Lisa Reifel; Dennis Doordan; Bob Stout; Ron Robertson; Richard Yates; Rosalba Puentes; Beth Amine; Dylan Wilde; George Zengel; Alvaro Rojas; Adam Sandzoni; Tristen Miller; Jim Knell; Cass Ensberg; Vivian Storm; Barry Remis; Mina Goena-Welch; Sara Wylder; Guido Oppizz; Ken Saxon; Silvia Ronchietto; Nicole Miller; Joey Somerville; Kira Pusch; Ralph Barajas; Mukta Kelkar; Ezequiel 06/27/2023 Santa Barbara City Council Minutes Page 12 of 19 Gutierrez; Kathryn Pieron; Robin Elander; Danny Bendett; Chris Bendict; Nadia Ajlouni; Joshua Ellis; Victoria Granado; Steve Hausz; Sheila Lodge; Sharon Rich; Gail Teton-Landis; Anna Marie Gott; Dustin Hoiseth; Victoria Valente; Hadley Johnson; Aron Ashland.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Sneddon/A. Gutierrez to direct staff to bring back an item to formalize the configuration of the State Street Interim Operations Subcommittee as a replacement of the ad hoc committee, with action items as noted by Councilmembers Jordan and Sneddon.
Vote:
Majority roll call vote (No: Councilmember Friedman).
Motion:
Councilmembers Friedman/Sneddon to direct the Community Development Department to establish submittal requirements and an application deadline for a complete development application under applicable zoning requirements for on-site outdoor facilities and allow onsite outdoor facilities established under Ordinance Number 6055 to remain in place past December 31, 2023, while the application is processed.
Vote:
Unanimous roll call vote.
Motion:
Councilmembers Sneddon/Harmon to direct the City Attorney to prepare an ordinance that will continue closure to motor vehicles on the 500 through 1200 blocks of State Street and continue the revised vehicle configurations on the 400 and 1300 blocks of State Street, until December 31, 2026, or until adoption of the Create State – State Street Master Plan permanent ordinance implementing the traffic pattern recommendation, whichever is earlier.
Motion withdrawn by mover and seconder.
Motion:
Councilmember Sneddon/A. Gutierrez to direct staff to return to Ordinance Committee for consideration of a citywide parklet program within the public right of way and outside the Promenade and addressing the issues of slide 36, including ADA monitoring and compliance, liability issues, risk assessment, permitting and design review, staffing, rate structure, program management, and ongoing operating budget.
Vote:
Majority roll call vote (No: Mayor Rowse).
06/27/2023 Santa Barbara City Council Minutes Page 13 of 19 Motion:
Councilmember Harmon/Sneddon to direct the City Attorney to prepare an ordinance that will continue closure to motor vehicles on the 500 through 1200 blocks of State Street and continue the revised vehicle configurations on the 400 and 1300 blocks of State Street, and zero block of West Victoria, until December 31, 2026, or until adoption of the Create State – State Street Master Plan permanent ordinance implementing the traffic pattern recommendation, whichever is earlier.
Vote:
Majority roll call vote (Noes: Mayor Rowse, Councilmember Friedman) Motion:
Councilmember Jordan/A. Gutierrez to direct the City Attorney to prepare an ordinance to continue temporary outdoor business facilities on the 400 through 1300 blocks of State Street and the 0 block of West Victoria, subject to the rules and regulations under Ordinance No. 6055, including maintenance of valid outdoor business facility license agreements and payment of required monthly license fees.
Vote:
Majority roll call vote (Noes: Mayor Rowse, Councilmember Friedman.) RECESS
7:52 p.m. – 7:55 p.m.
MAYOR AND COUNCIL REPORTS
27. Subject: Appointments to City Advisory Groups (140.05) Recommendation: That Council make appointments to various City Advisory Groups.
Documents:
- June 27, 2023 Council Agenda Report and any attachments Speakers:
- Staff: Deputy City Clerk Niko Lopez.
- Members of the Public: None.
Discussion:
- Councilmembers’ questions were answered.
Architectural Board of Review
No one was appointed.
06/27/2023 Santa Barbara City Council Minutes Page 14 of 19 Arts Advisory Committee
Motion:
Councilmember Harmon nominated Tayllor Johnson.
Councilmember Friedman nominated Teri Ball.
Mayor Rowse nominated George Yatchisin.
Vote:
For Johnson: Councilmembers Harmon, O. Gutierrez, Jordan For Ball: Councilmembers Friedman, Sneddon
For Yatchisin: Mayor Rowse
(Councilmember A. Gutierrez absent)
Appointment:
Tayllor Johnson was appointed to the Arts Advisory Committee for a term expiring December 31. 2025.
Building and Fire Code Board of Appeals
No one was appointed.
Citizens Oversight Committee
Motion:
Councilmember Harmon nominated Barbara Silver.
Vote:
Appointed by acclamation.
(Councilmember A. Gutierrez absent)
Appointments:
Barbara Silver was appointed to the Citizens Oversight Committee for a term expiring December 31, 2026.
Civil Service Commission
No one was appointed.
Community Development and Human Services Committee
Motion:
Councilmember Friedman nominated Angelica Diaz, Zachary Kramer, Lyiam Galo, and Jacob Lesner-Buxton, with Zachary Kramer moved to the Business Community/Economic Development category seconded by O.
Gutierrez.
Vote:
Angelica Diaz, Zachary Kramer, Lyiam Galo, and Jacob Lesner-Buxton appointed by acclamation.
06/27/2023 Santa Barbara City Council Minutes Page 15 of 19 (Councilmember A. Gutierrez absent)
Appointments:
Angelica Diaz and Lyiam Galo were appointed to Community Development and Human Services for Business Development for terms expiring December 31, 2026. Zachary Kramer was appointed to Community Development and Human Services for Business Development for a term expiring June 30, 2026. Jacob Lesner-Buxton was appointed to Community Development and Human Services for Business Development for a term expiring December 31, 2024.
Community Events and Festivals Committee
Motion:
Councilmember Harmon nominated Sara Wylder.
Councilmember O. Gutierrez nominated Dacia Harwood.
Vote:
For Wylder: Councilmembers Harmon, Friedman, Jordan, and Mayor Rowse
For Harwood: Councilmembers O. Gutierrez, Sneddon
(Councilmember A. Gutierrez absent)
Appointments:
Sara Wylder was appointed to the Community Events and Festivals Committee for a term expiring December 31, 2026.
County of Santa Barbara Library Advisory Committee
Motion:
Councilmember Harmon nominated Amber Caldwell by acclamation, seconded by O. Gutierrez.
Vote:
Amber Caldwell appointed by acclamation.
(Councilmember A. Gutierrez absent)
Appointments:
Amber Caldwell was appointed to the County of Santa Barbara Library Advisory Committee for a term expiring June 30, 2024.
Creeks Advisory Committee
Motion:
Councilmember Friedman nominated Anne Burdette for term expiring December 31, 2026, seconded by O. Gutierrez.
Councilmember Sneddon nominate and Stephanie Moret for term expiring December 31, 2023.
06/27/2023 Santa Barbara City Council Minutes Page 16 of 19 Vote:
For Burdette: Councilmembers O. Gutierrez, Jordan, Harmon, Friedman, and Mayor Rowse
For Moret: Councilmember Sneddon
(Councilmember A. Gutierrez absent)
Appointments:
Anne Burdette was appointed to the Creeks Advisory Committee for the longer term, expiring December 31, 2026.
Stephanie Moret was appointed to the Creeks Advisory Committee for the shorter term, expiring December 31, 2023.
Harbor Commission
Motion:
Councilmember Friedman nominated Conrad Metzenberg.
Councilmember Sneddon nominated Kate Ford.
Vote:
For Metzenberg: Councilmember Friedman
For Ford: Councilmembers Sneddon, Jordan, Harmon, O. Gutierrez, and Mayor Rowse
(Councilmember A. Gutierrez absent)
Appointments:
Kate Ford was appointed to the Harbor Commission for a term expiring December 31, 2025.
Library Board
Motion:
Councilmember Friedman nominated Amber Caldwell.
Mayor Rowse nominated Brian Barnwell.
Vote:
For Caldwell: Councilmembers Jordan, Harmon, Friedman, O. Gutierrez, Sneddon
For Barnwell: Mayor Rowse
(Councilmember A. Gutierrez absent)
Appointments:
Amber Caldwell was appointed to the Library Board for a term expiring December 31, 2025.
Living Wage Advisory Committee
Motion:
06/27/2023 Santa Barbara City Council Minutes Page 17 of 19 Councilmember Friedman nominated Lynn Goebel by acclamation, seconded by O. Gutierrez.
Vote:
Lynn Goebel appointed by acclamation.
(Councilmember A. Gutierrez absent)
Appointments:
Lynn Goebel was appointed to the Living Wage Advisory Committee for a term expiring June 30, 2027.
Mosquito and Vector Management District Board
Motion:
Councilmember O. Gutierrez nominated Teri Joy by acclamation, seconded by Friedman.
Vote:
Teri Jory appointed by acclamation.
(Councilmember A. Gutierrez absent)
Appointments:
Teri Joy was appointed to the Mosquito and Vector Management District Board for a term expiring January 5, 2025.
Neighborhood Advisory Council
Motion:
Councilmember O. Gutierrez nominated Zachary Kramer by acclamation, seconded by Friedman.
Vote:
Zachary Kramer appointed by acclamation.
(Councilmember A. Gutierrez absent)
Appointments:
Zachary Kramer was appointed to the Neighborhood Advisory Council for a term expiring December 31, 2023.
Rental Housing Mediation Board
Motion:
Councilmember Friedman nominated Heather Smith, seconded by Sneddon.
Vote:
Heather Smith appointed by acclamation.
(Councilmember A. Gutierrez absent)
Appointments:
06/27/2023 Santa Barbara City Council Minutes Page 18 of 19 Heather Smith was appointed to the Rental Housing Mediation Board for a term expiring December 31, 2026.
Santa Barbara Youth Council
Motion:
Councilmember Friedman nominated Lucia Camp for the public at-large position.
Councilmember Sneddon nominated Gwen Chenoweth, Elly Cuevas, Jeremy Solano Beltran, Carlos Vasquez, and Sophia Cruz.
Vote:
Lucia Camp appointed to public at-large by acclamation.
Chenoweth, Cuevas, Solano Beltran, Vasquez, and Cruz appointed by acclamation.
(Councilmember A. Gutierrez absent)
Appointments:
Gwen Chenoweth, Elly Cuevas, Jeremy Solano Beltran, Carlos Vasquez, and Sophia Cruz were appointed to the Santa Barbara Youth Council for a term expiring June 30, 2025.
Lucia Camp was appointed to the Santa Barbara Youth Council in the public at-large category for a term expiring June 30, 2025.
Single Family Design Board
Motion:
Councilmember Friedman nominated Leslie Colasse by acclamation, seconded by O. Gutierrez.
Vote:
Leslie Colasse appointed by acclamation.
(Councilmember A. Gutierrez absent)
Appointments:
Leslie Colasse was appointed to the Single Family Design Board for a term expiring June 30, 2027.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
06/27/2023 Santa Barbara City Council Minutes Page 19 of 19 Mayor Rowse adjourned the meeting at 8:11 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on August 1, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
06/27/2023 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
JUNE 27, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 10:30 a.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: Alejandra Gutierrez.
Staff present: Assistant City Administrator René Eyerly, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CLOSED SESSION
1. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1)
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 John Thompson v. City of Santa Barbara WCAB Case Nos.: ADJ12582428, ADJ14504205, ADJ15843960.
Scheduling: Duration 15 mins; anytime
Report: None anticipated
Document:
- June 27, 2023, report from the City Attorney.
06/27/2023 Santa Barbara City Council Minutes Page 2 of 2 Time:
- 10:30 a.m. – 10:35 a.m.
No report made.
PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA
ADJOURNMENT
Mayor Rowse adjourned the meeting at 10:35 a.m.
Approved and adopted by the City Council of the City of Santa Barbara on August 1, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
ORDINANCE NO._____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA APPROVING A LOAN AGREEMENT
TO TURNER FOUNDATION IN THE AMOUNT OF
$457,500 FOR ACQUISITION OF THE REAL
PROPERTY LOCATED AT 2011 OAK AVENUE TO BE
USED FOR LOW-INCOME TRANSITIONAL YOUTH
HOUSING, TO BE SECURED BY A DEED OF TRUST
AND APPROVING A NINETY-YEAR AFFORDABILITY
CONTROL COVENANT IMPOSED ON REAL
PROPERTY, AND AUTHORIZING THE COMMUNITY
DEVELOPMENT DIRECTOR TO EXECUTE SUCH
AGREEMENTS AS NECESSARY
WHEREAS, THE TURNER FOUNDATION ("Owner'') is acquiring real property commonly known as 2011 Oak Avenue in the City of Santa Barbara ("Property); and WHEREAS, by minute action on July 25, 2023, the City Council approved a 30- year loan in the amount of Four Hundred Fifty-Seven Thousand Five Hundred Dollars ($457,500) from the HOME Investment Partnerships American Rescue Plan Program (HOME-ARP) Fund ("City Loan"); and
WHEREAS, in exchange for the City Loan, Owner and City agree to record an Affordability Control Covenant imposed on Real Property restricting the rental of the Property to Low-Income residents ("Covenant") for a total of ninety (90) years to comply with the City's Affordable Housing Policies and Procedures; and WHEREAS, on July 25, 2023, the City Council introduced, by reading of title only, this ordinance approving the City Loan, Deed of Trust and Covenant; and WHEREAS, on August 1, 2023, the City Council, adopted by reading of title only an ordinance approving the City Loan, Deed of Trust and Covenant; and WHEREAS, the City Loan is secured by the Deed of Trust recorded in the office Agenda Item No. 4
of the County Recorder on ____ , 2023, as Instrument No. of
official records for the purpose of securing Owner's obligations under the City Loan; and
WHEREAS, Owner agrees to comply with Covenant recorded in the office of the County Recorder on , 2023, as Instrument No. of
official records.
THE COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, an Ordinance of the Council of the City of Santa Barbara approving the City Loan, Deed of Trust and Covenant and authorizing approval by resolution of subsequent minor amendments to the agreements that do not extend their term, is hereby approved.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Administration, Library
SUBJECT: Library Department Acceptance of Job Fair Grant [Resolution] RECOMMENDATION: That Council:
A. Accept a grant in the amount of $23,000 from the Santa Barbara Foundation for a four-series job fair; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Accept a Grant in the Amount of $23,000 Funded by the Santa Barbara Foundation.
DISCUSSION:
The Santa Barbara Foundation’s Workforce Development program supports innovative strategies to close the disconnect between the availability of higher skilled jobs and a trained supply of workers to fill them. In Fiscal Year 2023, the Santa Barbara Foundation awarded the Library $16,760 to organize four job fairs with a goal of having 20 local employers in attendance. There were over 100 local employers at the April 2023 job fair alone, with job seekers, businesses, city leaders, and partner organizations alike praising the quality of connections made, how streamlined the recruitment process was, and the overall organization of the events. The Library wants to build on these past successes by providing greater access to job seekers and employers alike. This new funding for Fiscal Year 2024 would allow the Library to utilize pre- and post-assessment feedback from the original job fairs to design a new multi-faceted model, including:
A shared digital platform for event planners, job seekers, and employers to provide real-time updates on the event schedule, job openings, and participating companies; facilitate direct communication between job seekers and employers, enabling them to connect before, during, and after each job fair; and enhance the Agenda Item No. 5
File Code No. 570.04
Council Agenda Report
Library Department Acceptance of Job Fair Grant [Resolution] August 1, 2023
overall effectiveness of the event by providing a direct means of engagement for relevant stakeholders.
A pre-registration process implemented by the Santa Barbara Public Library Works! Program that would allow job seekers to request resumé support for specific job preferences in advance. This information would then be used to create personalized schedules and match candidates with relevant employers, increasing the likelihood of meaningful connections.
The Library is committed to being a hub of learning, information, and resources for our community and these job fairs align seamlessly with the Library’s long-term vision for community engagement and support. Visit SB, Downtown SB, the Workforce Development Board of Santa Barbara County, Santa Barbara South Coast Chamber of Commerce, Santa Barbara County Jobs Center, and the Greater Santa Barbara Hispanic Chamber of Commerce are all eager to continue collaborating with the Library on future job fair initiatives.
BUDGET/FINANCIAL INFORMATION:
By accepting this grant, the Library Department will increase revenue and expenditure appropriation of $23,000 in the Fiscal Year 2024 Library Miscellaneous Grants budget.
PREPARED BY: Kathrin Rosenberger, Administrative Analyst SUBMITTED BY: Jessica Cadiente, Library Director
APPROVED BY: City Administrator's Office
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 23-076,
ADOPTING THE BUDGET FOR FISCAL YEAR 2024, TO
ACCEPT A GRANT IN THE AMOUNT OF $23,000 FUNDED
BY THE SANTA BARBARA FOUNDATION.
WHEREAS, the City was awarded a grant in the amount of $23,000 from Santa Barbara Foundation for a four-series job fair;
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2023; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2023;
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. 23-076, 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:
1. The Council accepts the 2024 Job Fair grant funding in the amount of $23,000.
2. In accordance with the provisions of Section 1205 of the City Charter the budget for fiscal year 2024 (Resolution No. 23-076) is amended to increase revenue appropriations and expenditure appropriation of $23,000 in the Fiscal Year 2024 Library Miscellaneous Grants Fund.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Golf Division, Parks and Recreation Department
SUBJECT: Proposed Changes to Golf Division Fiscal Year 2024 Fees and Charges Schedule [Resolution]
RECOMMENDATION: That Council:
A. Approve proposed changes to the Fiscal Year 2024 Parks and Recreation Department Golf Division Schedule of Fees and Charges for implementation on August 5, 2023; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Appropriate $3,100, and Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2024 in the Parks and Recreation Department, Golf Division, in the Amount of $3,100.
DISCUSSION:
The Golf Division has a list of program and service fees which generate revenue to offset operational expenses. Each year, Council adopts all of the City’s Fees and Charges with the annual budget. Golf Division revenue is generated through green fees, cart fees, merchandise sales, lessons, driving range, and other fees.
Consistent with the Director’s authority under Resolution 23-078, contained within the City’s Fees and Charges Schedule, the Parks and Recreation Department is proposing to add a new fee to the Golf Division.
Prior to the COVID-19 pandemic, single rider use of golf carts was a rare occurrence at the golf course. During the pandemic, safety protocols only allowed one rider per golf cart.
Although pandemic restrictions have been lifted and the golf course has reestablished a multi rider policy, players continue to request single rider use of golf carts. Single rider use of carts presents an operational challenge as there are not enough golf carts to support the demand resulting in delays in play while golfers wait for the carts to be cleaned and readied.
Agenda Item No. 6
File Code No. 570.02
Council Agenda Report
Proposed Changes to Golf Division Fiscal Year 2024 Fees and Charges Schedule [Resolution]
August 1, 2023
Storage is limited at the golf course and would not support additional carts if inventory was increased. Additionally, extra cart use creates wear and tear on the golf course and higher costs to clean and maintain the vehicles. In order to discourage single rider use of carts and to offset increased operational costs when golfers ride alone, the Department proposes adding a single rider cart fee. The proposed fee will offset the additional wear and tear on the golf course, golf carts, and additional maintenance costs associated with cleaning and preparing golf carts for the next user.
BUDGET/FINANCIAL INFORMATION:
While the impact to FY 2024 revenue is expected to be minimal, the recommended new program fees would increase Division revenue by approximately $3,100 in Fiscal Year 2024.
ATTACHMENT: Proposed Changes to the Parks and Recreation Department Golf Division Fiscal Year 2024 Golf Cart Fees
PREPARED BY: Tina Nelson, Business Manager
SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office
Attachment
Parks and Recreation Department
Golf Division
Proposed FY2024 New Fee
(Fee for Golf Carts are the same for Residents and Non-Residents) Category Description Age
Level
Weekday
(M-F)
Weekend (S, S)
and Holiday Fee
or Charge
Cart Fee 18 Holes All $19 $19
Cart Fee 9 Holes All $12 $12
Single Rider Cart Fee 18 Holes All $31 $31
Single Rider Cart Fee 9 Holes All $24 $24
RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO.
23-076, ADOPTING THE BUDGET FOR FISCAL
YEAR 2024, TO APPROPRIATE $3,100, AND
APPROVE AN INCREASE OF REVENUE AND
EXPENDITURE APPROPRIATIONS IN FISCAL
YEAR 2024 IN THE PARKS AND RECREATION
DEPARTMENT, GOLF DIVISION, IN THE AMOUNT
OF $3,100
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2023; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2023;
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. 23-076, 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 2024, as adopted by Resolution No. 23-076, is hereby amended as follows:
1. The Council approves appropriation in the amount of $3,100 to the Parks and Recreation Department, Golf Division.
2. The Council approves of the increase in revenue and expenditure appropriation of $3,100 in the Fiscal Year 2024 Parks and Recreation, Golf Division.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Resolution Denying the Appeal and Upholding the Decision of the Single Family Design Board Regarding 1269 Ferrelo Road
[Resolution]
RECOMMENDATION:
That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Denying the Appeal of Rose Wills, Charlie Boss, Derek Booth, and A. Michael Marzolla to Reverse the Single Family Design Board’s Decision Approving a Three-Story, Single-Unit Residence, an Attached Garage, and Site Improvements Located at 1269 Ferrelo Road and Making the Findings Supporting the Action.
DISCUSSION:
On April 11, 2023, City Council directed staff to prepare a resolution documenting its decision and findings to deny the appeal of Rose Wills, Charlie Boss, Derek Booth, and A. Michael Marzolla to reverse the Single Family Design Board’s decision approving the demolition of an existing non-conforming residence to construct a conforming three-story, single-unit residence, including a second-story deck and third-story balcony, an attached garage, a pool, and associated site improvements, and making the Findings supporting the action of Project Design Approval at 1269 Ferrelo Road.
PREPARED BY: Holly Garcin, Assistant Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
Agenda Item No. 7
File Code No. 640.07
1 RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA DENYING THE APPEAL OF ROSE
WILLS, CHARLIE BOSS, DEREK BOOTH, AND A.
MICHAEL MARZOLLA TO REVERSE THE SINGLE
FAMILY DESIGN BOARD’S DECISION APPROVING
A THREE-STORY, SINGLE-UNIT RESIDENCE, AN
ATTACHED GARAGE, AND SITE IMPROVEMENTS
LOCATED AT 1269 FERRELO ROAD AND MAKING
THE FINDINGS SUPPORTING THE ACTION
WHEREAS, Jarryd Commerford is the owner (“Owner”) of the real property located at 1269 Ferrelo Road (“Property”); and
WHEREAS, the Owner submitted application PLN2022-00036 requesting Project Design Approval from the Single Family Design Board (SFDB) for the demolition of an existing non-conforming residence to construct a conforming three-story, single-unit residence, including a second-story deck and third-story balcony, an attached garage, a pool, and associated site improvements at 1269 Ferrelo Road pursuant to Santa Barbara Municipal Code Section 22.69.020; and
WHEREAS, on January 17, 2023, the Single Family Design Board granted Project Design Approval for the development at 1269 Ferrelo Road finding that the proposed project met all seven of the Neighborhood Preservation Ordinance findings, two Hillside Design District and Sloped Lot findings, and two Grading Findings, criteria as outlined in Santa Barbara Municipal Code Sections 22.69.050.A; B; C; and WHEREAS, on January 26, 2023, Rose Wills, Charlie Boss, Derek Booth, and A.
Michael Marzolla, filed an appeal of the SFDB’s decision; and WHEREAS, on April 10, 2023 in anticipation of the public hearing on the appeal, City Council made a site visit at an open public meeting to visually inspect the Property; and
WHEREAS, the City Council considered the Project Design Approval appeal at a noticed public hearing on April 11, 2023, including a City staff report and City presentation, a presentation by the applicant, a presentation by the appellants, and written and verbal public comment.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:
2 SECTION 1. The foregoing recitals are true and correct and are incorporated into these findings.
SECTION 2. All written, graphic, and oral materials and information submitted to the Single Family Design Board and the City Council by City staff, the public, and the parties are hereby accepted as part of the record of proceedings.
SECTION 3. The City Council has carefully reviewed the evidence it obtained during the public hearing as described above and from the record of proceedings, and based upon that evidence, denies the appeal to reverse the decision of the Single Family Design Board, making the findings and determinations set forth below:
I. CEQA Environmental Review Findings
The project qualifies for exemptions from further environmental review under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, which allows for demolition and removal of individual small structures, and Section 15303 (New Construction or Conversion of Small Structures), which allows for the construction of a new single-unit residence. No significant project-specific or cumulative environmental impacts are expected as a result of the project. The project does not have the potential to damage scenic highways or historic resources, and the project site is not identified as a hazardous waste site; no reports were required for environmental review. Additionally, none of the exceptions to the exemption under CEQA Guidelines Section 15300.2 apply. Although the adjacent residence is a historic resource, the Single Family Design Board made the findings that the house is compatible with the neighboring historic resources, because the proposed development is not materially altering, obscuring, overshadowing, or altering the integrity of setting of the historic resource that is visible on the Riviera.
II. City Council Findings
City Council denies the appeal to reverse the decision of the Single Family Design Board’s decision granting Project Design Approval of a three-story, single-unit residence, an attached garage, and site improvements at 1269 Ferrelo Road based on the following findings resulting in a project that is consistent with the Neighborhood Preservation findings, Hillside Design District and Sloped Lot findings, and Grading findings set forth in Santa Barbara Municipal Code Sections 22.69.050.A; B; and C.:
Neighborhood Preservation Findings:
1. Consistency and Appearance. Is the project’s design consistent with the scenic character of the City and will it enhance the appearance of the neighborhood.
The Project is consistent with the scenic character of the City and will enhance the appearance of the neighborhood because the proposed structure will effectively read as one-story from Ferrelo Road. The project is consistent with the 3 development patterns on the Riviera where the low side of streets are typically one-story and those above a street are typically taller; and there exist precedents in the neighborhood for varied architectural styles provided that they are more demure in nature, which has been achieved with the lowering of the structure.
2. Compatibility. Is the proposed development compatible with the neighborhood, and are its size, bulk, and scale appropriate to the site and neighborhood.
The proposed development is compatible with the neighborhood, and its size, bulk, and scale is appropriate to the site and neighborhood, as the applicant has worked to effectively reduce the floor-to-lot area ratio (FAR) to below the guideline FAR and within the Hillside Design District Guidelines. The project is anticipated to be approximately 6- feet taller than the existing residence.
3. Quality Architecture and Materials. Is the proposed development designed with quality architectural details, and do the proposed materials and colors maintain the natural appearance of the ridgeline or hillside.
The proposed development is designed without typical Santa Barbara materials.
However, the development is of quality architectural materials and colors of a general neutral in nature as promoted in the Hillside Design District Guidelines.
4. Trees. Does the proposed project include removal of or significantly impact any designated specimen tree, historic tree, or Landmark tree? To the maximum extent feasible, does the proposed development preserve and protect healthy, non-invasive trees with a trunk diameter of four inches or more? If the project includes the removal of any healthy, non-invasive tree with a diameter of four inches or more, does the project include a plan to mitigate the impact of such removal by planting replacement trees in accordance with applicable tree replacement ratios.
Removal of healthy, non-invasive trees is not proposed. An Arborist is to be retained to review and verify the adjacent tree location between the Project and the easterly neighbor, at approximately a 36-inch box size, and shall provide standard tree protection measures during construction.
5. Health, Safety, and Welfare. Are public health, safety, and welfare appropriately protected and preserved.
The public health, safety, and welfare will be met because the Project will be required to meet all Santa Barbara City Municipal Zoning Code and High Fire Hazard Area requirements, and square footage has been removed from the front and interior setbacks to allow greater access for Emergency personnel in the event of a fire or other emergency.
6. Good Neighbor Guidelines. Does the project generally comply with the Good Neighbor Guidelines regarding privacy, landscaping, noise, and lighting. 4 The Project generally complies with the Good Neighbor Guidelines regarding landscaping, noise, lighting, and privacy to the greatest degree possible by the moving of massing in response to those concerns. Decks and balconies are located more than 15 feet from any property line.
7. Public Views. Does the development, including proposed structures and grading, preserve significant public scenic views of and from the hillside.
The development, including proposed structures and grading, preserves significant public scenic views of and from the hillside that are expected to be visible over the top of the new structure due to the reduced height.
Hillside Design District and Sloped Lot Findings:
1. Natural Topography Protection. Is the development, including the proposed structures and grading, appropriate to the site, and is it designed to avoid visible scarring, and does it not significantly modify the natural topography of the site or the natural appearance of any ridgeline or hillside.
The development, including the proposed structures and grading, step down in grade, is appropriate to the site, and designed to avoid visible scarring, and as such does not significantly modify the natural topography of the site or the natural appearance of any ridgeline or hillside.
2. Building Scale. Does the development maintain a scale and form that blends with the hillside by minimizing the visual appearance of structures and overall height of structures.
The development maintains a scale and form that steps down the hillside and will blend with the hillside by minimizing the visual appearance of structure(s) and the overall height of structures.
Grading Findings:
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.
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 due to BMPs, and a Storm Water Management Program (SWMP) requirements being implemented.
5 2. The proposed grading will not cause a substantial loss of southern oak woodland habitat.
The proposed grading will not cause a substantial loss of southern oak woodland habitat.
SECTION 4. The Owner shall reduce the second floor plate height (currently at 11- feet 8-inches) by one foot to 10-feet 8-inches, reduce windows and raise window sill heights, if possible, to satisfy adjacent neighbor privacy concerns, and any large expanses of glass glazing (such as at the entry stair) that faces neighbors directly from either the east or west shall be diffused in nature with some kind of ground glass or diffused glass, or with some other kind of privacy screening in a similar manner that has already been accomplished with wood slats.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Resolution Denying the Appeal and Upholding the Decision of the Single Family Design Board Regarding 3208 Laurel Canyon Road [Resolution]
RECOMMENDATION:
That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Denying the Appeal of the Law Office of Marc Chytilo on Behalf of Anita Williamson to Reverse the Single Family Design Board’s Decision Approving a Two-Story, Single Unit Residence Development with First and Second Story Additions and a New One-Car Carport at 3208 Laurel Canyon Road and Making the Findings Supporting the Action.
DISCUSSION:
On June 6, 2023, City Council directed staff to prepare a resolution documenting its decision and findings to deny the appeal of the Law Office of Marc Chytilo on behalf of Anita Williamson to reverse the Single Family Design Board’s decision approving 192- square-foot first-floor addition and a 758-square-foot second-story addition at 3208 Laurel Canyon Road pursuant to Santa Barbara Municipal Code Section 22.69.020, and making the Findings supporting the action of Project Design Approval at 3208 Laurel Canyon Road. The project also includes an interior remodel; a new 200-square-foot carport; a 345-square-foot first-floor covered patio; two second-story decks totaling 106 square feet; removal of the existing concrete driveway and replacement with permeable paver system; new landscape; and associated mechanical, electrical, and plumbing upgrades.
PREPARED BY: Holly Garcin, Assistant Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
Agenda Item No. 8
File Code No. 640.07
1 RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA DENYING THE APPEAL OF THE
LAW OFFICE OF MARC CHYTILO ON BEHALF OF
ANITA WILLIAMSON TO REVERSE THE SINGLE
FAMILY DESIGN BOARD’S DECISION APPROVING
A TWO-STORY, SINGLE UNIT RESIDENCE
DEVELOPMENT WITH FIRST AND SECOND STORY
ADDITIONS AND A NEW ONE-CAR CARPORT AT
3208 LAUREL CANYON ROAD AND MAKING THE
FINDINGS SUPPORTING THE ACTION
WHEREAS, Goodman Family Trust, Trustees Jerry H. Goodman and Anne F.
Goodman, is the owner (“Owner”) of the real property located at 3208 Laurel Canyon Road (“Property”);
WHEREAS, the Owner submitted application PLN2022-00269 requesting Project Design Approval from the Single Family Design Board (SFDB) for a 192-square-foot firstfloor addition and a 758-square-foot second-story addition at 3208 Laurel Canyon Road pursuant to Santa Barbara Municipal Code Section 22.69.020. The project also includes an interior remodel; a new 200-square-foot carport; a 345-square-foot first-floor covered patio; two second-story decks totaling 106 square feet; removal of the existing concrete driveway and replacement with permeable paver system; new landscape; and associated mechanical, electrical, and plumbing upgrades. A 241-square-foot attached garage will remain;
WHEREAS, on February 27, 2023, the Single Family Design Board granted Project Design Approval for the development at 3208 Laurel Canyon Road finding that the proposed project met all seven of the Neighborhood Preservation Ordinance findings as outlined in Santa Barbara Municipal Code Section 22.69.050.A; WHEREAS, on March 9, 2023, the Law Office of Marc Chytilo, on behalf of Anita Williamson, filed an appeal of the SFDB’s decision; and WHEREAS, the City Council considered the Project Design Approval appeal at a noticed public hearing on June 6, 2023, including a City staff report and City presentation, a presentation by the applicant, a presentation by the appellants, and written and verbal public comment.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:
2 1. The foregoing recitals are true and correct and are incorporated into these findings.
2. All written, graphic, and oral materials and information submitted to the Single Family Design Board and the City Council by City staff, the public, and the parties are hereby accepted as part of the record of proceedings.
3. The City Council has carefully reviewed the evidence it obtained during the public hearing as described above and from the record of proceedings, and based upon that evidence, denies the appeal to reverse the decision of the Single Family Design Board, making the findings and determinations set forth below:
I. CEQA Environmental Review Findings
The project qualifies for exemptions from further environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines, Article 19, Section 15301 (Existing Facilities), which allows for additions to existing structures. No significant project-specific or cumulative environmental impacts are expected as a result of the project. The project does not have the potential to damage scenic highways or historic resources, and the project site is not identified as a hazardous waste site; therefore, none of the exceptions apply (per Guidelines Section 15300.2).
II. City Council Findings
City Council denies the appeal to reverse the decision of the Single Family Design Board’s decision granting Project Design Approval based on the following findings resulting in a project that is consistent with the Neighborhood Preservation findings as set forth in Santa Barbara Municipal Code Section 22.69.050.A.:
Neighborhood Preservation Findings:
1. Consistency and Appearance. Is the project’s design consistent with the scenic character of the City and will it enhance the appearance of the neighborhood.
The proposed development is consistent with the scenic character of the City and will enhance the appearance of the neighborhood. The applicant has provided multiple studies and images of the floor-to-lot area ratio (FAR), materials, and heights of the neighborhood. The proposed size and FAR are supportable based upon the Board’s review of neighborhood FAR’s and the fact that approximately 200 square feet of the FAR square footage is a product of an unenclosed carport.
2. Compatibility. Is the proposed development compatible with the neighborhood, and are its size, bulk, and scale appropriate to the site and neighborhood.
The City Council found that the proposed development is compatible with the neighborhood, and its size, bulk, and scale is appropriate to the site and neighborhood. 3 3. Quality Architecture and Materials. Is the proposed development designed with quality architectural details, and do the proposed materials and colors maintain the natural appearance of the ridgeline or hillside.
The proposed buildings and structures are designed with quality architectural materials and details. The proposed materials and colors maintain the natural appearance of the ridgeline or hillside.
4. Trees. Does the proposed project include removal of or significantly impact any designated specimen tree, historic tree, or Landmark tree? To the maximum extent feasible, does the proposed development preserve and protect healthy, non-invasive trees with a trunk diameter of four inches or more? If the project includes the removal of any healthy, non-invasive tree with a diameter of four inches or more, does the project include a plan to mitigate the impact of such removal by planting replacement trees in accordance with applicable tree replacement ratios.
Removal of healthy, non-invasive trees is not proposed for this project and additional trees of a significant size are being added for privacy. Following the Single Family Design Board’s direction, the mature olive trees proposed shall be a minimum of 20 feet in height from top of canopy to finish grade.
5. Health, Safety, and Welfare. Are public health, safety, and welfare appropriately protected and preserved.
The public health, safety, and welfare are appropriately protected and preserved.
6. Good Neighbor Guidelines. Does the project generally comply with the Good Neighbor Guidelines regarding privacy, landscaping, noise, and lighting.
The project generally complies with the Good Neighbor Guidelines regarding privacy, landscaping, noise, and lighting. The applicant has made changes to the windows, relocated rooms, and added trees of a significant size for privacy. The westerly deck is supportable due to its diminutive size.
7. Public Views. Does the development, including proposed structures and grading, preserve significant public scenic views of and from the hillside.
No public views are impacted by the project.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Increase in Construction Change Order Authority for Las Positas and Modoc Roads Multiuse Path Project [Resolution; Agreement] RECOMMENDATION: That Council:
A. Authorize an increase in the Public Works Director’s Change Order Authority to approve expenditures for extra work for the Las Positas and Modoc Roads Multiuse Path Project, with C.A. Rasmussen, Inc., Contract No. 26,722, in the amount of $161,100, for a total project expenditure authority of $13,230,404; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Allocate Available Appropriations for the Las Positas and Modoc Roads Multiuse Path Project.
DISCUSSION:
Background
The Las Positas and Modoc Roads Multiuse Path Project (Project) recently constructed a separated pathway along Las Positas and Modoc Roads. The pathway begins on Modoc Road at the western City of Santa Barbara limits and continues east for approximately one mile toward the intersection of Modoc and Las Positas Roads. Then the pathway veers south for approximately 1.6 miles along the west side of Las Positas Road to Cliff Drive. The Project removed a significant safety barrier along the Pacific Coastal Bike Route and the Crosstown Bike Route.
On June 16, 2020, Council awarded the Project construction contract to C.A. Rasmussen, Inc., (Rasmussen) in the amount of $11,762,731, plus an additional ten percent change order authority.
On March 14, 2023, Council authorized additional funding to complete items undertaken at the end of the Project to plan for long-term maintenance of the pathway’s facilities and to provide for additional planting within the Project’s footprint, in the amount of $130,300, for a total contract authority of $13,069,304.
Agenda Item No. 9
File Code No. 530.04
Council Agenda Report
Increase in Construction Change Order Authority for Las Positas and Modoc Roads Multiuse Path Project [Resolution; Agreement]
August 1, 2023
Additional Change Order Authorization
An additional Change Order Authorization is required to compensate the contractor for additional asphalt paving, relocating a portion of pedestrian safety railing, and construction surveys associated with recently finalized Project changes.
Current Status
With the exception of landscape maintenance, the Project is complete. The pathway was opened to the public for general use on February 15, 2022. Rincon Consulting, under a separate contract, will perform maintenance and monitoring for all trees and habitat restoration areas installed for the Project over seven years, until March 2029.
BUDGET/FINANCIAL INFORMATION:
The following summarizes all Project design costs, construction contract funding, and other Project costs.
CONSTRUCTION CONTRACT FUNDING SUMMARY
Base
Contract Change Order Total
Initial Contract Amount $11,762,731 $1,176,273 $12,939,004 Previous Additional Construction
Change Order Allowance 0 130,300 130,300
Proposed Increase 0 161,100 161,100
Total $11,762,731 $1,467,673 $13,230,404
This Project is funded primarily with Active Transportation Program grant funds.
Inadequate expenditure appropriations exist for the Project in the Measure C Capital Fund in Fiscal Year 2024 to fund the proposed contract amendments. Adequate, available expenditure appropriations exist in the Overlays Project in the Measure C Capital Fund to approve this report’s recommendation to fund the proposed contract amendment with C.A. Rasmussen Inc.
ENVIRONMENTAL REVIEW:
The Project went through the environmental and design review process and was subject to review under both California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The Project’s Mitigated Negative Declaration was adopted by the Planning Commission on February 9, 2017, and the Notice of Determination was filed on February 16, 2017. The Project was determined to be categorically exempt under NEPA on March 1, 2017, and revalidated on October 15, Council Agenda Report
Increase in Construction Change Order Authority for Las Positas and Modoc Roads Multiuse Path Project [Resolution; Agreement]
August 1, 2023
2019. A staff-level CEQA addendum was approved in 2019 to reflect minor adjustments to the Project’s final design as a result of the value-engineering analysis. In addition, previous changes to the mitigation plan are subject to CEQA review and will be processed by staff as a second CEQA addendum.
PREPARED BY: Brian D’Amour, P.E., City Engineer/EB/sk
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 23-076,
ADOPTING THE BUDGET FOR FISCAL YEAR 2024, TO
ALLOCATE AVAILABLE APPROPRIATIONS FOR THE LAS
POSITAS AND MODOC ROADS MULTIUSE PATH
PROJECT
WHEREAS, in accordance with the City Charter, the City Administrator filed with the City Council a proposed budget for the fiscal year beginning July 1, 2023; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2023;
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. 23-076, 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 Fiscal Year 2024, as adopted by Resolution No. 23-076, is hereby amended as follows:
SECTION 1. Council approves the allocation of available expenditure appropriations in the Overlays Project in the Measure C Capital Fund in Fiscal Year 2024 in the amount of $161,100 for the Las Positas and Modoc Roads Multiuse Path Project to fund the proposed additional change order authorization with C.A. Rasmussen, Inc.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Accounting Division, Finance Department
SUBJECT: Disaster Recovery Management and Recovery Services [Agreement] RECOMMENDATION:
That Council authorize the Finance Director to enter into an Agreement with Ernst & Young LLP for disaster recovery management services in an amount not to exceed $450,000.
DISCUSSION:
Multiple successive storms occurred in the City of Santa Barbara early in calendar year 2023. This period of heavy rain and winds saturated the ground leading to flooding throughout the City. Large storm surge impacted the waterfront and eroded many of the beaches. City staff have been actively working to address damages, however, there are many requirements that warrant professional oversight to ensure State (CalOES) and Federal reimbursement requirements are met and the burden of administrative functions of the Federal Emergency Management Agency’s (FEMA) Public Assistance (PA) Program are reduced.
FEMA’s PA Program provides supplemental grants to state, tribal, territorial, and local governments, and certain types of private non-profits so communities can quickly respond to and recover from major disasters or emergencies. FEMA also encourages protecting these damaged facilities from future events by providing for hazard mitigation measures during the recovery process.
The City has active PA projects for other disasters still pending with FEMA. Having a professional firm that has experience managing the PA process from cradle-to-grave will provide additional support to the City. This contract will also serve as disaster support in the future (if warranted) so that the City can successfully react in a timely manner. Having this assistance available on an on-call basis can better prepare the City for unknown situations, as they arise in the future.
Staff recommends Council approve a professional services agreement with Ernst & Young (EY) to assist the City in managing disaster recovery management services. The Agenda Item No. 10
File Code No. 520.02
Council Agenda Report
Disaster Recovery Management and Recovery Services [Agreement] August 1, 2023
scope of services includes technical assistance with State and Federal Recovery policies and grant programs; strategic planning and coordination of recovery efforts; documentation to ensure maximum cost recovery; generating project worksheets and any scope changes; tracking and monitoring grant progress; procurement and financial management; and training. This list is not all inclusive, but highlights the complexities of disaster recovery efforts and need for professional support.
The Finance Department issued Request for Proposal (RFP) No. 5006 on April 13, 2023.
Seven (7) firms submitted bids which were all evaluated based on the specifications outlined within the RFP. Consensus scoring was utilized, and the top scoring firm was selected.
BUDGET/FINANCIAL INFORMATION:
As part of FEMA's PA Program, recipients can recoup reasonable management costs.
Examples of eligible costs include technical assistance provided by third parties. Contractor costs may be claimed as management costs up to 5% of the total obligated costs. It is the intent of this contract to have all costs reimbursed under management costs through FEMA.
If a non-Federal entity (state or non-state) wants to use federal funds to pay or reimburse their expenses for equipment or services under a contract, that contract must contain the applicable clauses described in Appendix II to the Uniform Rules (Contract Provisions for Non-Federal Entity Contracts Under Federal Awards) under 2 C.F.R. § 200.326. In addition, there are certain contract clauses which are recommended by FEMA.
The total value of the agreement with Ernst & Young will not exceed $450,000. Payment for service performed shall be for actual expenditures incurred and all work shall be agreed to in writing prior to initiation. Budget for this agreement will be appropriated within the disaster fund and, as projects are obligated through the PA program, the City will submit management costs to be reimbursed. If the City determines to utilize Ernst & Young for services that are not reimbursable, staff will request appropriation for the funds which will be covering expenses during the quarterly budget adjustment process. Work will be completed on an asneeded basis and will follow the schedule of fees indicating hourly rates for proposed staff levels as outlined in the bid package provided.
A copy of the agreement may be requested from the Finance Department for public review. Please contact Accounting at [email protected] to request a copy.
PREPARED BY: Jessica Yates, Accounting Supervisor
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Agreement with Townsend Public Affairs, Inc. for Legislative Advocacy Services [Agreement]
RECOMMENDATION:
That Council authorize the City Administrator to execute an agreement with Townsend Public Affairs, Inc. in an amount not to exceed $60,000 covering the period from August 1, 2023 to July 30, 2024.
DISCUSSION:
In June 2022, the City of Santa Barbara’s Legislative Committee updated and City Council adopted the Legislative Platform. The platform spans a number of issues that impact our City administration and departmental functions that we are committed to advocating for or against on the state and federal level.
Given the complexity of issues that the City is confronting along with the budgetary challenges that will continue to impact our ability to provide the highest quality of services, we are in a necessary position to retain representation at the state and federal level to ensure that our interests and needs are considered when policymakers are executing legislative and budgetary decisions.
Therefore, the City Administrator’s Office, in coordination with the Legislative Committee, prioritized the vetting of lobbying firms that have the specific expertise to represent the City. After researching and interviewing several firms, the City Administrator’s Office is recommending Townsend Public Affairs, Inc. (TPA) to provide legislative advocacy services.
Townsend Public Affairs, Inc. is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $2.7 billion in grants from state, federal Agenda Item No. 11
Council Agenda Report
Agreement with Townsend Public Affairs, Inc. for Legislative Advocacy Services [Agreement]
August 1, 2023
and local government agencies as well as nonprofit foundations and private companies.
With a team of fifteen registered state and federal legislative and funding advocates, TPA has the breadth and depth of experience and the ability to deploy as many advocates as needed to maximize success for the City.
TPA has an extensive client list that includes city and county governments, water and sanitation districts, transportation districts, community colleges districts, as well as museums, science centers and cultural facilities. The firm’s areas of specialization include local governance, transportation policy and infrastructure, housing and economic development, parks and community facilities, public safety, budget and finance. More California public agencies have retained TPA to represent them in Washington, D.C. than any other advocacy firm.
The City Administrator’s Office believes that retaining this level of expertise to represent the City’s interests on the state and federal level will have direct tangible benefits in both the development of sound policy that takes into consideration the impact of implementation at the local level, as well as securing much-needed financial resources to continue to provide the highest quality of services and meet legislative mandates.
BUDGET/FINANCIAL INFORMATION:
The total cost of $60,000 to retain Townsend Public Affairs, Inc. for legislative advocacy services will be paid through existing funds in the City Administrator’s Office budget for Fiscal Year 2024.
The agreement is available for review by contacting Nicole Grisanti, Administrative Office Supervisor, at [email protected].
PREPARED BY: Brandon Beaudette, Senior Assistant to the City Administrator Barbara Andersen, Senior Assistant to the City Administrator SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator’s Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Administration Division, Parks and Recreation Department SUBJECT: Contract Amendment with Rincon Consultants for the Dwight Murphy Field Renovation Project [Agreement]
RECOMMENDATION:
That Council authorize the Parks and Recreation Director to execute an amendment to contract #22000234 with Rincon Consultants in the amount of $30,225 for environmental assessment services for the Dwight Murphy Field Renovation Project.
DISCUSSION:
Project Description
The Dwight Murphy Field Renovation Project (Project) includes the conversion of the existing regulation size turf soccer field to a multi-sport synthetic turf field; new natural turf youth baseball field; new natural turf informal activity area; new inclusive playground; new fitness area; new family picnic area; new trash enclosure; new restroom; and the restoration of a portion of Sycamore Creek. Other amenities include accessible pathways, a bus loading zone, fencing, lighting, right-of-way and park access improvements for vehicular circulation, and the increase of onsite and perimeter parking from 196 to 242 spaces.
Project Status
The Planning Commission approved the Project in August 2021. The Project is supported by a community-based master plan that was developed through a series of community workshops, surveys, and commission and design review board meetings. Project Design Approval was granted by the Architectural Board of Review on August 22, 2022. Following this milestone, the Project completed the preliminary design phase and construction drawings are currently being developed.
Agenda Item No. 12
File Code No. 570.05
Council Agenda Report
Contract Amendment with Rincon Consultants for the Dwight Murphy Field Renovation Project [Agreement]
August 1, 2023
Contract Amendment
On March 25, 2020, the Parks and Recreation Director authorized a professional services agreement with Rincon Consultants in the amount of $4,200 to conduct a Phase I Environmental Site Assessment for the Project. The contract has been amended three times to include soil vapor testing, as well as Phase II environmental testing. The current value of the contract is $34,999.
The purpose of the contract amendment is to expand the scope of work and budget to allow for additional Phase II soil testing and address reporting requirements, as required by Santa Barbara County Environmental Health Services. The contract increase is for $30,225, bringing the total contract amount to $65,224.
BUDGET/FINANCIAL INFORMATION:
There are sufficient expenditure appropriations in the Fiscal Year 2024 Measure C Capital Outlay Fund to cover the cost of the contract amendment.
SUSTAINABILITY IMPACT:
The Project will further the City’s sustainability goals through incorporating environmentally responsible design and construction techniques including, but not limited to, the specification of recycled content building materials, construction debris recycling processes, addition of electric vehicle chargers, and the use of drought tolerant landscaping.
A copy of the agreement may be requested from the Parks and Recreation Department for public review by contacting Rose Nevarez at [email protected].
PREPARED BY: Sean Stewart, Project Planner
SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Information Technology Department
SUBJECT: Professional Services Agreement with Cox Communications for Installation and Lease of Fiber Optics for the Santa Barbara Airport [Agreement]
RECOMMENDATION:
That Council authorize the Information Technology Director to execute a Professional Services Agreement with Cox Communications California, LLC in the amount of $52,780, for installation of fiber optics for the Santa Barbara Airport, a 36-month lease of the fiber optics in the amount of $21,240, and authorize the Information Technology Director to approve expenditures of up to $5,278 for extra services that may result from necessary changes in the scope of work.
DISCUSSION:
The Santa Barbara Airport is currently connected to the cities local area network via microwave. Information Technology is proposing to replace the existing microwave network connectivity with a vendor-provided fiber optic network. The switch to fiber optic technology would bring significant advantages in terms of speed, reliability, and scalability, offering enhanced connectivity and communication capabilities to meet the growing demands of our airport and the surrounding buildings. We would continue to utilize the the microwave network as a backup in case of potential fiber optic connectivity loss.
The existing microwave network connectivity system has served its purpose over the years. However, with the increasing number of technological advancements, the limitations of the microwave system have become apparent. Microwave networks are susceptible to interference, weather conditions, and bandwidth limitations, resulting in potential disruptions and inadequate performance. To address these concerns, it is crucial to consider transitioning to a more advanced and robust solution.
Agenda Item No. 13
File Code No. 560.01
Council Agenda Report
Professional Services Agreement with Cox Communications for Installation and Lease of Fiber Optics for the Santa Barbara Airport [Agreement]
August 1, 2023
Fiber optic cables offer significantly higher data transfer rates compared to microwave connections. With fiber, the airport can achieve gigabit speeds, allowing for faster communication, data transfers, and real-time connectivity for critical operations.
Fiber networks are highly reliable, providing consistent connectivity without being affected by external factors like weather conditions or radio interference. This ensures uninterrupted operations at the airport, preventing potential downtime and service disruptions that could have a negative impact on the experience and overall efficiency at the airport.
Fiber networks have virtually unlimited bandwidth potential, making them ideal for handling increasing data demands. As the airport's operations expand, the demand for bandwidth-intensive applications such as video surveillance, passenger Wi-Fi, and cloudbased services will continue to grow. Fiber's scalability ensures that the airport can meet these demands effectively without compromising performance.
By adopting fiber network connectivity, the airport would be investing in a future-proof infrastructure. Fiber technology is continually evolving and offers the potential for further upgrades and advancements. This adaptability would allow the airport to stay at the forefront of technology and seamlessly integrate emerging applications and services without the need for significant infrastructure changes.
Partnering with Cox Communications for fiber network connectivity provides access to their expertise and support. Vendors specialize in the deployment and management of fiber networks, ensuring the airport benefits from their technical knowledge, maintenance services, and rapid response in case of issues. This allows the Information Technology staff to focus on other critical tasks while relying on professional support for the network infrastructure.
The proposed implementation includes a 23-week built time of two fiber strands from 925 Chapala Street to 601 Firestone Road and a 36-month lease agreement.
BUDGET/FINANCIAL INFORMATION:
The total cost for the proposed agreement is $74,020, which includes $52,780 for the installation of the fiber optics and a 36-month lease of the fiber optics in the amount of $21,240. There are sufficient expenditure appropriations in the Adopted Airport Capital Improvement and Operating Budget in Fiscal Year 2024 to fund all phases of the construction and year one of the lease with Cox Communications.
The public may request a copy of the Agreement by emailing [email protected].
PREPARED BY: Justin Cure, Information Technology Director SUBMITTED BY: Justin Cure, Information Technology Director Council Agenda Report
Professional Services Agreement with Cox Communications for Installation and Lease of Fiber Optics for the Santa Barbara Airport [Agreement]
August 1, 2023
APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Recreation Division, Parks and Recreation Department SUBJECT: Recreation Afterschool Program [Agreement]
RECOMMENDATION:
That Council authorize the Parks and Recreation Director to enter into an agreement with the Santa Barbara Unified School District for the Recreation Afterschool Program.
DISCUSSION:
Each year, the City and the Santa Barbara Unified School District (SBUSD) enter into an agreement to define terms and budget for the administration of the Recreation Afterschool Program. The program is an important community service that provides essential support to families during crucial afterschool hours. National statistics show that the afterschool hours, between 3:00 p.m. to 6:00 p.m., have the highest incidents of juvenile crime and youth engaging in inappropriate behaviors.
Recreation Afterschool Program
The Recreation Afterschool Program (RAP) provides recreation services, homework help, and afterschool care at four elementary school sites (Adams, Monroe, Roosevelt, and Washington) for 16 hours per week. The program hours are 2:30 p.m. - 5:30 p.m. on Monday, Tuesday, Thursday, and Friday, and 1:30 p.m. - 5:30 p.m. on Wednesday. In Fiscal Year 2023, 237 participants attended the program, with 240 available spots each day and an average of 160 participants per day. In Fiscal Year 2024, the program has a capacity of 220 participants.
The agreement includes program locations, activities, staffing, and facility needs. The program will operate during the 180 Santa Barbara Unified School District school days and includes various activities that children enjoy like arts & crafts, sports games, theme days, gardening projects, educational activities, reading time, and more. Registration is simple and can be done through the City’s recreation registration software.
Agenda Item No. 14
File Code No. 150.05
Council Agenda Report
Recreation Afterschool Program [Agreement]
August 1, 2023
On June 27, 2023, the Santa Barbara Unified School District Board approved the execution of the agreement. The agreement is for one year ending June 30, 2024.
BUDGET/FINANCIAL INFORMATION:
The Fiscal Year 2024 Recreation Afterschool Program expenditure budget is $497,000, including $50,000 for scholarships. Scholarship recipients are students who are in need of assistance as identified by school Principals or who can provide proof of low income as defined by the City’s Affordable Housing Income Limits. The annual program fee is $1,360 and the budgeted revenue is $299,000 for a cost recovery of 60%.
A copy of the agreement may be requested from the Parks and Recreation Department for public review by contacting Rose Nevarez at [email protected].
PREPARED BY: Adam Porte, Recreation Manager
SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Community Vitality Initiatives, Community Development Department
SUBJECT: Agreements for Fiscal Year 2024 with Santa Barbara Alliance for Community Transformation [Agreement]
RECOMMENDATION: That Council:
A. Authorize the Community Development Director to execute a funding agreement in the amount of $75,000 with the Santa Barbara Alliance for Community Transformation (SB ACT) to facilitate a community collaborative on homelessness; and
B. Authorize the Community Development Director to execute a funding agreement in the amount of $50,000 with the Santa Barbara Alliance for Community Transformation (SB ACT) to operate Neighborhood Navigation Centers for six months, with the option to extend for six additional months in the amount of $50,000.
EXECUTIVE SUMMARY:
The City of Santa Barbara has provided support to SB ACT for facilitation of a Homelessness Collaborative since Fiscal Year 2020, and for coordination of three Neighborhood Navigation Centers. Renewal of this agreement builds on the lessons learned and progress made to date during implementation of a three-year Strategic Plan to address homelessness and its impacts within the City. SB ACT and the ACT on Homelessness Collaborative propose to build a South County Collaborative to address homelessness at a regional level and advocate for resources proportional to the needs of south Santa Barbara County.
DISCUSSION:
Founded in 2005, SB ACT builds partnerships with stakeholders to develop strategies and coordinate operations in response to complex social issues. Since Fiscal Year 2020, SB ACT has provided administrative support and facilitation of the ACT on Homelessness Agenda Item No. 15
Council Agenda Report
Agreements for Fiscal Year 2024 with Santa Barbara Alliance for Community Transformation [Agreement]
August 1, 2023
Collaborative (AOH Collaborative) to bring together City staff, nonprofit organizations, government agencies, community members, individuals who have experienced homelessness, and others engaged in responding to the homelessness crisis.
During its first year, SB ACT formed the AOH Collaborative’s Steering Committee and initiated the process of creating a Common Agenda/Strategic Plan (Strategic Plan). SB ACT then began the formation of Regional Action Plans (RAPs) to address immediate impacts of homelessness in specific neighborhoods— starting with the Downtown area and later expanding to the Waterfront, Eastside, and Upper State Street areas.
In Fiscal Year 2021, in response to COVID-19 related lockdowns, SB ACT began facilitating a COVID-19 specific Regional Action Plan that helped identify and address gaps in service delivery to people experiencing homelessness in response to the public health emergency. This resulted in projects such as the coordination of meal provision to persons who lost access to meal programs through an extensive public-private partnership that also supported struggling restaurants and furloughed workers. This effort combined with existing outreach services provided in Alameda Park gave rise to the formalization of Neighborhood Navigation Centers (NNC), which are neighborhood-based “one-stop shop” service centers that provide homeless residents with case management, physical and mental health care, food distribution, pet care, as well as showers and hygiene supplies. NNCs operate Tuesdays at the Carrillo Commuter Lot, Wednesdays at the Rescue Mission, and Thursdays at Alameda Park. Each NNC site serves an average of 40 unique individuals per week—and in 2022 the NNC sites were instrumental in more than 65 street exits1.
As part of the AOH Collaborative, SB ACT has also led targeted Working Groups of housing agencies, service providers, and individuals with lived experience to increase coordination, collaboration, and advocacy. Most recently, SB ACT has facilitated caseconferencing sessions of service providers to identify and develop strategies for helping the most vulnerable individuals in need of assistance in each of the RAP regions. For the past year and a half, SB ACT has also convened monthly community walks in highly impacted neighborhoods, bringing together community members, business representatives, service providers, city staff, and elected officials to hear about and address the impacts of homelessness at the ground level.
Last month, SB ACT facilitated an AOH Collaborative Steering Committee meeting bringing in representatives from Goleta, Carpinteria, and Montecito to discuss the recommendation from the Santa Barbara City Council Ad Hoc Committee on Homelessness to expand to a South County Regional Collaborative. This recommendation was fully embraced by all partner organizations and will be formed as part of the new Scope of Work proposed by SB ACT for Fiscal Year 2024. 1 Street exits are defined as: Positive exits from living on the streets, or in places not meant for human habitation, and moving into a housing situation which can include permanent housing, shelter, long-term rehabilitation, or moving in with families or friends.
Council Agenda Report
Agreements for Fiscal Year 2024 with Santa Barbara Alliance for Community Transformation [Agreement]
August 1, 2023
Strategic Plan Update
A final report on the Three-Year Strategic Plan is attached. Some highlights are as follows:
1) Increase the number of affordable housing units by 20 percent.
Outcome: This fell short of its 20 percent target, achieving 14 percent during the strategic plan period. However, positive developments were achieved, including the opening of Dignity Moves in Downtown Santa Barbara, work towards development of the City’s Housing Opportunities, Preservation, and Equity (HOPE) Fund, and the approval of more than 90 very-low-income housing units throughout South County.
2) Increase the rate of housing retention by five percent.
Outcome: Housing retention goals fluctuated during the plan period. Countywide data show that 22 percent of persons placed into housing maintained that housing in 2019, which dropped to 17 percent in 2020 and 14 percent in 2021 (in line with the national behavioral health crisis during the pandemic) then bounced back to 22 percent in 2022.
3) Reduce the percentage of people entering homelessness from a housed situation by 10 percent.
Outcome: Countywide data shows that homelessness-prevention goals are tied to available funding and economic fluctuations—the number of people becoming homeless decreased, and persons placed into housing increased when emergency COVID-19 rental assistance and eviction protections were in place.
Predictably, the number of people becoming homeless has increased while the number of housing placements has remained flat since these funding sources and protections have expired, coupled with the rapid increase in economic inflation.
Countywide Point in Time count data shows that between 2020 and 2023 the number of families that have entered homelessness has increased by 3.3 percent and vehicular homelessness has more than doubled.
4) Strengthen the coordination and availability of outreach and case management services by 25 percent.
Outcome: The City demonstrated leadership by being the first city to invest in professional, full-time street outreach services beginning with City Net in Fiscal Year 2020. Since that time, the number of street outreach providers in the region has increased by 112 percent countywide, as each major service provider (City Net, Good Samaritan, PATH, and New Beginnings) have added outreach staff. All Council Agenda Report
Agreements for Fiscal Year 2024 with Santa Barbara Alliance for Community Transformation [Agreement]
August 1, 2023
these outreach staff have developed strong working relationships with each other as well as City staff and collaborate at unprecedented levels.
In addition to the Strategic Plan goals discussed above, the AOH Collaborative identified a goal of 200 street exits from homelessness from Fiscal Year 2022 and 2023. The AOH Collaborative achieved 202 street exits into emergency shelter or other housing opportunities.
Continued Services and New Initiatives
Recognizing that homelessness is not isolated to a single community and requires broader coordination across the region, SB ACT proposes coordinating the South County ACT on Homelessness Collaborative, bringing in the cities of Goleta and Carpinteria and the community of Montecito to develop and implement a region-wide “priority plan” to identify key numeric and policy goals.
SB ACT also proposes to continue to advocate for financial resources from the Santa Maria/Santa Barbara County Continuum of Care (COC). SB ACT and AOH Collaborative partners will attend county-led meetings to advocate for the allocation of state and federal resources so they are proportional to the needs of south Santa Barbara County. SB ACT will also continue to coordinate RAP meetings, as well as the monthly neighborhood walks, and will continue to convene monthly Eastside and State Street/Waterfront outreach and case-conferencing meetings for high-priority individuals in each of the neighborhoods.
Additionally, given feedback received from AOH Collaborative partners that more coordination and support is needed to help address the high acuity of mental health needs among people experiencing homelessness, SB ACT will host behavioral health-specific “summit” meetings with subject matter experts to identify strategies that improve access to behavioral health services, including addressing the daily impacts of mental health and substance use. SB ACT will also coordinate regular trainings for providers and community members on topics such as crisis de-escalation, trauma-informed care, and harm reduction.
SB ACT plans to implement a more concerted homelessness and housing education campaign to engage businesses and community members on solutions to homelessness and housing issues. SB ACT will publish quarterly newsletters, maintain a community calendar on its website, host public panel discussions and events, develop materials and shareable social media content on topics such as homelessness response, the process of moving toward housing, and opportunities for community advocacy.
In regard to the Neighborhood Navigation Centers, SB ACT proposes to continue its work coordinating the three NNC sites. SB ACT will expand this role by providing trainings to service providers and hosting quarterly town hall meetings for residents and other stakeholders living or working in neighborhoods surrounding NNC sites. The goal will be Council Agenda Report
Agreements for Fiscal Year 2024 with Santa Barbara Alliance for Community Transformation [Agreement]
August 1, 2023
to offer residents a space to share concerns related to impacts from the NNCs and develop better relationships between residents, SB ACT, and the individuals being served. SB ACT will also continue working with City staff to identify and vet potential alternate NNC sites, or a more permanent daytime navigation center, in partnership with faith communities, community centers, or other locations where services can be provided in a more dignified manner.
BUDGET/FINANCIAL INFORMATION:
There are sufficient expenditure appropriations available in the Community Development Department’s Fiscal Year 2024 budget to cover the recommended funding agreements.
SB ACT requests $75,000 for its collaborative services for one year, effective July 1, 2023, through June 30, 2024. The Fiscal Year 2024 General Fund budget includes sufficient expenditure appropriations to cover the $75,000 agreement for collaborative services to be provided by SB ACT, from July 2023 to June 2024.
SB ACT’s proposal for operation of the Neighborhood Navigation Centers is for $50,000 from July to December 2023 in anticipation that a daytime navigation center site will be identified by December 31, 2023. If a site is not identified, Recommendation B would authorize the Community Development Director to amend SB ACT’s agreement to fund NNC operations as currently proposed for an additional six months (January 1, 2024 – June 30, 2024) and increase the agreement by $50,000 for a total not to exceed $100,000. The Fiscal Year 2024 Permanent Local Housing Allocation (PLHA) Fund budget includes expenditure appropriations for operation of the Neighborhood Navigation Centers from July 2023 to June 2024.
A summarized funding table is included below for reference.
Funding Source Agency Description of Service Amount Term General Fund SB ACT Homelessness Collaborative $75,000 one year PLHA Fund SB ACT Neighborhood Navigation
Centers
$50,000 six months with
option to extend
to $100,000
Copies of the agreements are available from the Community Development Department for public review; please contact Liz Stotts, Homelessness Programs Analyst, at [email protected] or (805) 564-5461.
ATTACHMENT: Strategic Plan Report
PREPARED BY: Liz Stotts, Homelessness Programs Analyst
SUBMITTED BY: Eli Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Advisory Group Guidelines and Update [Resolution] RECOMMENDATION: That Council:
A. Receive a presentation on proposed Advisory Group guidelines and additional Advisory Group recommendations; and
B. Adopt, by reading of title only, a Resolution of the City of Santa Barbara Rescinding Resolution 13-006, and Adopting New Advisory Group Guidelines.
DISCUSSION:
City staff is reviewing City advisory groups, with the goals of balancing City advisory group staffing and coordinating alignment with Council policy goals and processes. This review effort is an element of the Vision 2030 effort. Vision 2030 is a collaborative effort to identify challenges, evaluate options, and implement solutions to make Santa Barbara’s government operations more effective and efficient.
This item was presented to Finance Committee on June 27, 2023. Part of the Vision 2030 project is to have the Finance Committee review work processes in various City departments. The Finance Committee unanimously voted to approve the proposed Resolution for Council review. This report presents a Resolution updating Advisory Group guidelines.
City advisory groups serve to provide advice to Council on discrete topics of expertise.
There are over forty City advisory groups. The City Charter establishes eleven of those groups.
The existing and proposed guidelines govern all advisory groups and provide consistency for the public, group members, and staff. The guidelines were last updated in 2013. The guidelines apply to all advisory groups unless Council has adopted alternate guidelines by resolution for a specific advisory group, e.g.: Planning Commission, Architectural Board of Review, and the Historic Landmarks Commission.
Agenda Item No. 16
File Code No. 140.02
Council Agenda Report
Advisory Group Guidelines and Update [Resolution]
August 1, 2023
There are three phases to this project. Phase One, which is now before City Council, is to standardize and update the Advisory Group Guidelines document. Phase Two, which is in process, is to conduct purview and decorum training for Charter-established advisory groups and other select groups that have significant interaction with members of the public. Phase Three is to review the purview, purpose, and composition of all advisory groups to ensure they are true to their Council developed purposed and to increase efficiencies of workplans and decision-making, where possible.
Initial Recommendations
Phase One recommendations to the Advisory Group Guidelines document updates would:
Ensure the City meets current law and best practices related to advisory groups; Ensure consistency across advisory groups;
Update ad hoc or standing subcommittee processes;
Update how group members can request agenda items;
Clarify processes for advisory group liaisons; and
Update diversity, equity, and inclusion language.
There are no recommendations related to Phase Two as it consists of staff-led training.
The training is intended to provide certain advisory groups guidance on providing advice within the particular group’s purview, to treat staffers, other board members, and the public with respect, and how to efficiently administer a meeting. It is provided by the Mayor, the City Clerk Services Manager, and the Human Resources Manager.
Phase Three recommendations include briefing all advisory groups on Phase One updates. Staff also anticipate that Phase Three will include specific recommendations for some advisory groups. Recommendations will focus on increasing the efficiency of groups and/or making adjustments to allow groups to better meet their original purview and purpose. Staff will evaluate operational efficiencies and review for opportunities to align and enhance the structure of the groups. Staff will then return to Finance Committee and City Council for discussion and review.
Next Steps
If Council approves this Phase One Resolution, staff will implement the changes. Phase Two trainings are almost complete, with a few trainings to be completed in the next few months. Phase Three review is expected to begin this quarter.
ATTACHMENT: Guidelines document showing redline changes PREPARED BY: Sarah Gorman, City Clerk Services Manager
SUBMITTED BY: René Eyerly, Assistant City Administrator APPROVED BY: City Administrator’s Office
ATTACHMENT
G U I D E L I N E S
FOR THE
CITY OF SANTA BARBARA
ADVISORY GROUPS
APPROVED BY THE CITY COUNCIL
Resolution No. 13-006
Adopted February 12, 2013
Effective February 12, 2013
Prepared by the Santa Barbara City Clerk's Office
i
TABLE OF CONTENTS
BACKGROUND INFORMATION
Charter Boards and Commissions.......................................................................................... ............................................................................Other City Council Advisory Groups .....................................................................................................................................2 Other Appointments...............................................................................................................2 Organization Charts...............................................................................................................3 ROLE OF CITY ADVISORY GROUPS IN POLICY-MAKING6
Role of Boards, Commissions, and Committees .................................................................6 Serving in Advisory Capacity ................................................................................................6 SOURCES OF INFORMATION7
VACANCIES8
Scheduled Vacancies ............................................................................................................8 Unscheduled Vacancies........................................................................................................8 RESIGNATIONS8
RECRUITMENT PROCESS9
Recruitments ..........................................................................................................................9 Eligibility..................................................................................................................................9 Applications ............................................................................................................................9 Interviews .............................................................................................................................10 APPOINTMENT PROCESS11
Appointments .......................................................................................................................11 Equal Opportunity Goals .....................................................................................................11 Diversity and Inclusion.........................................................................................................11 Serving On More than One City Council Advisory Group .................................................12 Term of Appointment ...........................................................................................................12 Successive Terms of Members of Boards, Commissions, and Committees ...................12 Oath of Office .......................................................................................................................13 Orientation Process ............................................................................................................13 Advisory Group Membership List........................................................................................13 Compensation......................................................................................................................13 Advisory Group Member Role Definitions..........................................................................13 Council Liaisons...................................................................................................................14 CONFLICT OF INTEREST15
Purpose ................................................................................................................................15 Public Inspection..................................................................................................................15 Filers ...................................................................................................................................15 Type of Statements..............................................................................................................16 Additional Late Filing, Non-Filing, and Fine Provisions.....................................................16 ii
AB 1234 ETHICS TRAINING 17
BROWN ACT COMPLIANCE18
Purpose ................................................................................................................................18 Provisions.............................................................................................................................18 Agenda .................................................................................................................................18 Posting of Agenda ...............................................................................................................18 Ex-Agenda Items .................................................................................................................19 Agendas and Written Materials as Public Records ...........................................................19 Regular Meetings19
Special Meetings19
Adjourned Meetings.............................................................................................................20 Emergency Meetings...........................................................................................................20 Quorum.................................................................................................................................20 Public Comment...................................................................................................................20 PARLIAMENTARY PROCEDURE21
Robert's Rules of Order.......................................................................................................21 Bylaws ..................................................................................................................................21 CODE OF CONDUCT22
Purpose22
EXHIBIT A25
ACKNOWLEDGMENT OF RECEIPT OF GUIDELINES
1 CITY OF SANTA BARBARA ADVISORY GROUPS
BACKGROUND INFORMATION
Section 800 of the City of Santa Barbara Charter authorizes the establishment of City boards and commissions:
"There shall be the following named advisory boards and commissions which shall have the powers and duties herein stated. In addition, the City Council may create by ordinance such additional advisory boards or commissions as in its judgment are required, and may specify the number of members thereof, their terms and manner of appointment, and may grant to them such powers and duties as are consistent with the provisions of this Charter."
Charter Boards and Commissions
Article VIII of the City Charter establishes the following 11 boards and commissions:
Airport Commission
Architectural Board of Review
Civil Service Commissioners, Board of
Fire and Police Commissioners, Board of
Fire and Police Pension Commissioners, Board of
Harbor Commissioners, Board of
Historic Landmarks Commission
Library Board
Parks and Recreation Commission
Planning Commission
Water Commissioners, Board of
Except as provided in the City Charter, all charter board and commission members must be qualified to vote in the City of Santa Barbara.
Article VIII also contains provisions regarding the manner of appointment, removal from office, number and terms of members, meetings, and the powers and duties of each board and commission. These guidelines supplement the recruitment and appointment procedures specified in the City Charter. Those boards and commissions specifically established in the Charter may be eliminated only by amendment to the Charter, which must be approved by the voters. 2 Other City Council Advisory Groups
All City Council Advisory Groups not specified in the City Charter are established by the City Council by ordinance, resolution, or minute action. Some City Council Advisory Groups are formed for a specific purpose and cease to exist when their goals have been accomplished. The current City Council Advisory Groups are:
Access Advisory Committee
Arts Advisory Committee
Building and Fire Code Board of Appeals
Community Development and Human Services Committee
Community Events and Festivals Committee
Creeks Restoration and Water Quality Improvement Program Citizen Advisory Committee Downtown Parking Committee
Living Wage Advisory Committee
Measure P Committee
Neighborhood Advisory Council
Rental Housing Mediation Task Force
Santa Barbara Sister Cities Board
Santa Barbara Youth Council
Sign Committee
Single Family Design Board
Transportation and Circulation Committee
Other Appointments
The City makes appointments to groups created by State law such as the Housing Authority Commission, the Mosquito and Vector Management District of Santa Barbara County and the Santa Barbara Metropolitan Transit District Board of Directors. The Housing Authority Commission membership may include two non-City residents. The City also appoints one member to the Central Coast Commission for Senior Citizens.
The Housing Authority Commission, the Mosquito and Vector Management District Board of Santa Barbara County, the Santa Barbara Metropolitan Transit Board, and the Central Coast Commission for Senior Citizens are not advisory to the City Council; and their members may serve on a board, commission, or committee that is are advisory to the City Council. These groups are included in these Guidelines since the application, appointment, conflict of interest, Brown Act, and parliamentary procedure policies apply to them.
3 Organization Charts
The Department which provides staff support to the City Council Advisory Groups is indicated on the City of Santa Barbara – City Council Advisory Groups Organization Chart. Additionally, the Parks and Recreation Department staffs volunteer committees that are appointed by the Parks and Recreation Commission. These volunteer committees include the Arts & Crafts Show Advisory Committee and other committees shown on the City of Santa Barbara Volunteer Committees Organization Chart.
4 5
6 ROLE OF CITY ADVISORY GROUPS
IN POLICY-MAKING
Role of Boards, Commissions, and Committees
In keeping with the City's philosophy of citizen community member involvement, the City Council appoints persons to City Council Advisory Groups to assist in formulating City policy. Santa Barbara is proud of the quality of service performed by volunteers its Board members.
In accordance with Section 800 of the Charter of the City of Santa Barbara, the actions of Charter-established boards and commissions are advisory to the City Council, with a few limited exceptions specifically set forth in the Charter.
City of Santa Barbara Resolution No. 7885 regarding recommendations from boards and commissions to government agencies (adopted April 16, 1974), states that board and commission recommendations on matters which come before their respective bodies should be forwarded to the City Council for review since those recommendations are advisory to the City Council. The resolution states that:
“When any board or commission requests that its recommendations be forwarded to another governmental agency: (1) that the recommendation be sent first to the City Council with a request that it be forwarded with or without comment by the City Council; and (2) that except in the most extraordinary circumstances the City Council shall forward such recommendation and in its discretion forward it with or without comment.” Boards shall not have standing committees unless formed by City Council as required, excepting those formed before July 1, 2023.consult with the City Attorney prior to forming ad hoc committees or standing committees to ensure compliance with the Brown Act.
Staff shall set Board agendas in consultation with the Board Chair and Vice Chair. City staff has the discretion to consider Board member requests to include specific items on Board agendas.
Serving in Advisory Capacity
Members are responsible for attending all meetings regularly, understanding the duties of their positions, adhering to the Citywide Nondiscrimination Policy and Excellence in Customer Service Code of Conduct, and working in a manner that will contribute to the betterment of Santa Barbara. Members are expected to act in a professional manner, extending courtesy to board members, staff and participants in the board process.
7 SOURCES OF INFORMATION
To learn about the roles and responsibilities of the Advisory Groups, a variety of resources are available in the City Clerk's Office and on the City’s web site at www. Santabarbaraca.gov. http://www.ci.santa-barbara.ca.us/ for researching the scope of authority of the City Advisory Groups:
Charter of the City of Santa Barbara
The City is governed by the provisions of its Charter, which was approved by the voters of Santa Barbara. The California Constitution creates two types of cities: general law cities and charter cities. There are 121 charter cities, which include most of the larger cities in the State, and 361 general law cities in California. Charter cities are governed by the provisions of their own adopted charter govern them unless the State of California has stated specifically that State laws have preempted an area of regulation. Generally, charter cities have more local authority over areas that traditionally have been considered "local" or municipal affairs, for example, zoning or local taxes.
Ordinances - Santa Barbara Municipal Code
The Santa Barbara Municipal Code is a compilation of all codified ordinances, which are the laws of the City. Copies of City ordinances - old and current - are available in the City Clerk's Office. In addition, certain ordinances, generally those with a specific, limited, or temporary purpose, are not codified. These "uncodified" ordinances also are available by contacting the in the City Clerk's Office Resolutions
Resolutions constitute a written action or decision by the City Council. Copies of the resolutions, which create certain committees, set forth policy, establish membership, etc., are available by contacting the in the City Clerk's Office.
Minutes - Official Record
The City Clerk's Office maintains the official minutes of actions taken by the City Council since 1850.
Reports presented to the City Council by the City Advisory Groups are available in the City Clerk's Office.
The City Staff Liaison to each group is responsible for maintaining the original minutes of meetings of the City Advisory Group. The current agendas of the City Advisory Groups are available on the City’s website at www.SantaBarbaraCA.gov and are generally posted at the location where each City Advisory Group regularly meets. Minutes shall be prepared as action minutes unless otherwise directed by the City Attorney.
Agendas
The current agendas of the City Advisory Groups are available on the City’s website at www.SantaBarbaraCA.gov and are generally posted at the location where each City Advisory Group regularly meets.
8 VACANCIES
There are two kinds of City Advisory Group vacancies, scheduled and unscheduled.
Scheduled Vacancies
Scheduled vacancies are those created by the expiration of a the member’s term. Terms typically end on December 31. that is usually December 31.
In accordance with state law, a list of all scheduled vacancies for the upcoming calendar year is posted in the City Clerk's Office and at the Library on or before December 31 of each year.
Unscheduled Vacancies
Unscheduled vacancies are those created when a member cannot serve out their entire term to a term's expiration due to resignation, removal, or death.
A City Advisory Group member is subject to removal by a motion of the City Council adopted by the affirmative votes of a majority of the total membership of the City Council.
In accordance with state law, a special vacancy notice must be posted in the City Clerk's Office and in the Library not earlier than 20 days before or not later than 20 days after the vacancy occurs.
Final appointment to the City Advisory Group will not be made for at least 10 working days after the posting of the special vacancy notice in the City Clerk’s Office.
RESIGNATIONS
If a City Advisory Group member finds that he or she they cannot perform the duties of the office because of health, business, moving from the city, or other reasons, he or she they shall submit a written resignation to the City Council in care of the City Clerk's Office for action. The vacancy is noticed on the Council agenda.
A member who is required to be a City resident and who relocates his or her their residence outside of the City shall immediately notify the City Clerk's Office and resign from the board, commission, or committee.
9 RECRUITMENT PROCESS
Recruitments
A semiannual Semiannual and annual recruitments are conducted to fill numerous positions whose terms expire on June 30 of the current year and at the end of each calendar year, respectively. Additional recruitments may occur during the year, for example, to fill positions on a newly created board, commission, or committee, or to add sufficient members on a board, commission, or committee for a quorum and when unexpected vacancies occur.
As a part of the recruitment process, the City Clerk's Office notifies each incumbent as well as interested persons, about the term expirations and vacancies, the deadline for receipt of applications, and the dates for the interviews and appointments.
Eligibility
Qualifications for membership vary depending on the City Advisory Group. In most cases, appointees must be residents and qualified electors of the City. A qualified elector is a United States citizen, 18 years of age or older, who resides within the city limits of Santa Barbara. Unless otherwise stated, a public at large member is a resident living within the city limits of Santa Barbara. An appointee may not hold any full-time paid office or employment in City government. Membership qualifications are listed in the vacancy notice available in the City Clerk’s Office, at the Library, and on the City’s web site at www.SantaBarbaraCa.gov. at http://www.ci.santa-barbara.ca.us/ www.SantaBarbaraCA.gov. Additional information on the City Council Advisory Groups also is available on the City’s web site.
Applications
Persons interested in serving on a City Council Advisory Group, including incumbents who wish to be considered for reappointment, must file a separate application for each group with the City Clerk's Office. Applications may be found here: https://santabarbaraca.gov/government/boards-commissions The application consists of four pages. ONLY ONE ADDITIONAL PAGE OF INFORMATION MAY BE SUBMITTED. Applications may be obtained from the City Clerk's Office or from the City’s web site at http://www.ci.santa-barbara.ca.us/ www.SantaBarbaraCA.gov/Applications . Applications may be submitted to the City Clerk’s Office as follows: (1) in person; (2) by mail to P.O. Box 1990, Santa Barbara, CA 93102; (3) by facsimile to 805-897-2623; or (4) by e-mail to [email protected]. Upon receipt of an application, the City Clerk’s Office will confirm receipt via e-mailor phone.
Applications may be completed for vacancies that currently exist or for consideration when future scheduled or unscheduled vacancies occur. An application remains on file in the City Clerk’s Office for a period of one year from the date of receipt unless the applicant requests that it be withdrawn. 10 Interviews
Applicants and current advisory group members applying for reappointment are required to appear for an interview before the City Council. The City Council interviews each applicant during a Council meeting open to the public. Each applicant is requested to prepare a two to three minute verbal presentation that responds to a set of general and specific questions that are provided to the applicant by the City Clerk’s Office in advance. An overall time limit of five minutes for the interview is allotted if the person is applying for more than one group.
During the interview, applicants may express the desire to be appointed to a group other than that to which they have submitted an application to for the Council’s consideration. If the applicant is qualified, the applicant’s name will be added to the list of persons eligible for appointment. Alternatively, in an effort to fill all vacancies, the Council may ask contact applicants to determine if they are eligible and are interested in being appointed to a group other than that to which the applicant has applied and interviewed. With the applicant’s approval, the applicant’s name will be added to the list of persons eligible for appointment.
The City Clerk’s Office will notify applicants of the date(s) and time(s) for the interviews via email, or U.S. mail when an e-mail address is not provided by the applicant.
Names of applicants failing to appear for an interview will be removed from the list of persons eligible for appointment.
11 APPOINTMENT PROCESS
Appointments
In an effort to fill all vacancies, the Council may contact eligible applicants to determine if they are eligible and are interested in being appointed to a group other than that to which the applicant has applied and interviewed.
After interviewing the applicants, the City Council makes appointments by majority vote in open session. In making these appointments, the Council is guided by the City’s commitment to Inclusion, Diversity, Equity, and Action
(https://santabarbaraca.gov/government/departments/human-resources/inclusion-diversity-equityaction-idea). City's Equal Opportunity Goals. The appointees are notified of the Council's decision by mail email. A list of the appointments is posted to the City’s web site at www.SantaBarbaraCA.gov.
Equal Opportunity Goals
The City Council has established a policy for the appointment process of members to the City's various boards, commissions, and committees. This process includes , which included communitywide widespread distribution of within the community of information including the number of vacancies and length of term, a full description of the purposes of the City Council Advisory Group, meeting times, deadline for applying, and the appointment process.
In making appointments, the City Council is guided by the City's commitment to nondiscriminatory employment practices and its intention to “serve as a model for equal opportunity through its prerogative of commission and board appointments.” (Resolution No. 8022, adopted March 18, 1975) The City Council and staff are committed to equal opportunity without discrimination or harassment. The City maintains its commitment to equality in the conduct of City business and encourages applications from all qualified candidates. The City of Santa Barbara prohibits any policy, plan, program, custom or practice which has a discriminatory effect related to race, creed, color, national origin, ancestry, sex (male or female; includes pregnancy/childbirth), political affiliation, religious belief, disability (mental and physical, including HIV and AIDS), medical condition (cancer and genetic characteristics) sexual orientation, gender identity and expression (including transgenderism) marital status or age. This policy applies not only to shall apply to members of the City Council, all advisory boards, commissions and committees, and citizen volunteers, but also members of the City Council. City employees and to those who do business with or who seek to do business with the City of Santa Barbara.
Diversity, Equity, and Inclusion and Belonging
12 The City of Santa Barbara is a welcoming, diverse community where every person can thrive.
We actively seek out and strive to understand all perspectives, beliefs, and values and encourage engagement from all people in decisions affecting them. We recognize all people for their contributions and accomplishments.
Diversity, Equity, Inclusion and Belonging are important to the City because a thriving workplace must not only be comprised of people from different backgrounds and perspectives but also recognize their varied contributions and accomplishments. Committing to practices that value and include diversity at all levels of the organization is an essential step to developing strategies that meet the needs of a diverse community.
Diversity and inclusion is important to the City because a successful workplace must not only be comprised of people from different backgrounds and perspectives but also capitalize on their talents and perspectives. Adopting practices that value and include diversity at all levels of the organization is an essential step to developing strategies that meet the needs of a diverse community.
13 Serving On More than One City Council Advisory Group Because of the wealth of expertise available in our community While we recognize the wealth of expertise available in our community, it is the City Council's preference that people serve on just one board, commission, or committee that is advisory to the City Council. The exception is in the case of the City Council Advisory Groups that are created for a limited term and purpose and that require a limited time commitment from their members, or meet infrequently. This does not include those members serving on a board, commission, or committee that is not advisory to the City Council such as the Housing Authority Commission, Santa Barbara Metropolitan Transit Board, Mosquito and Vector Management District Board of Santa Barbara County, and the Central Coast Commission for Senior Citizens. In furtherance of this policy, the City Council may ask an applicant who is a current member of a City board, commission, or committee to resign from that position as a condition of appointment to another board, commission, or committee.
Term of Appointment
Terms of office for the City Council Advisory Groups are generally four years, with different term lengths for some Groups. The terms are staggered so that all terms do not expire in any one year. Members serve until their successors are appointed and qualified. If a member resigns before the expiration of a term, his or her their replacement serves out the remainder of that term.
Terms of office for the Access Advisory Committee are three years. Terms of office for the Central Coast Commission for Senior Citizens, the Mosquito and Vector Management District Board of Santa Barbara County, the Santa Barbara Youth Council, and the tenant members of the Housing Authority Commission are two years.
Successive Terms of Members of Boards, Commissions, and Committees It is the policy of the City Council that wide community participation be sought in affairs of municipal government and that membership on the City Council Advisory Groups be open, insofar as is practicable, to all competent and interested persons who meet the stated qualifications. Pursuant to that policy, no member of an advisory group shall serve for longer than two consecutive full terms, consisting of an uninterrupted period of eight years. If the Council finds that a particular member of an advisory group has unique qualifications that are of special benefit to the City, then said member may be reappointed to the same advisory group.
Members of boards and commissions not advisory to the City Council, such as the Central Coast Commission for Senior Citizens, the Housing Authority Commission, the Mosquito and Vector Management District of Santa Barbara County, and the Santa Barbara Metropolitan Transit District Board, shall comply with the term limits specified in the law establishing the board or commission. 14 Oath of Office
Article XX, Section 3, of the Constitution of the State of California requires that an oath of office be administered. After appointments are made, a Deputy staff administers a written oath in the City Clerk's Office or by a Notary Public.
Orientation Process
Each department conducts an orientation session for its City Council Advisory Group(s) and distributes a reference manual to new City Council Advisory Group appointees.
Advisory Group Membership List
The members of all City Council Advisory Groups are listed in the "City of Santa Barbara Advisory Group Membership List" and is available in the City Clerk’s Office. The membership list (Roster) is also available on the City’s web site at www.SantaBarbaraCA.gov.
Compensation
Most members of the Council-appointed City Advisory Groups receive no payment, however, the Planning Commission, Architectural Board of Review, Historic Landmarks Commission, Single Family Design Board, Housing Authority Commission, Santa Barbara Metropolitan Transit District, and the Mosquito and Vector Management District of Santa Barbara County have special provisions for compensation. there are some Advisory Groups that do receive a stipend. Compensation information for City Advisory Groups can be found on the webpage created for each advisory group on the City’s web site at www.SantaBarbaraCA.gov.
Advisory Group Member Role Definitions
The following are definitions for the roles of the advisory group members.
Regular Members:
Regular members participate and vote during regular and special meetings of the City Council Advisory Group, unless required to step-down due to a potential conflict of interest. In general, a regular member of an advisory group is entitled to participate in all actions of the advisory group. Deviations from this general rule would be found in the charter section, ordinance or council resolution establishing the advisory group and specifies the manner of participation.
Alternate Members:
15 Advisory groups may have alternate members. Alternate members participate in the place of an absent or conflicted regular member. The appointment of alternate members and the manner of their participation would be found in the charter section, ordinance or council resolution establishing the advisory group.
Advisory Group Member Role Definitions (Cont’d)
For example, the Sign Committee membership includes one alternate member appointed by the Architectural Board of Review (ABR) and one alternate member appointed by the Historic Landmarks Commission (HLC).
Resolution No. 06-084, adopted October 3, 2006, states "Alternate members shall serve on the Sign Committee as replacements for regular members appointed by the Architectural Board of Review or the Historic Landmarks Commission. If one regular member appointed by the ABR or the HLC is absent, either of the alternate members may serve in the regular member's place. If both regular members appointed by the ABR and the HLC are absent, both alternate members may participate. Alternate members shall not serve as replacement for at large members appointed by the City Council." Staff Liaisons:
In most cases, the department director is responsible for designating a City Staff Liaison to each City Council Advisory Group. Staff liaisons attend advisory group meetings and may participate in the proceedings, but staff liaisons are not voting members of the advisory group.
Council Liaisons
A City Councilmember is usually appointed as a liaison to each City Council Advisory Group in January of each year. Councilmember liaisons may attend meetings and participate in the proceedings, but Councilmember liaisons are not voting members of the advisory group.
Councilmember liaisons may provide a verbal report of the proceedings to the full Council during a regular City Council meeting.
Board members shall not be appointed to act as liaisons to other Advisory Groups unless appointed by Council.
16 CONFLICT OF INTEREST – STATEMENTS OF ECONOMIC INTERESTS Purpose
The Political Reform Act of 1974 (Government Code Sections 81000, et seq.), which was approved by the voters of the State of California, is intended to prevent conflicts of interest by requiring public officials to disclose certain personal financial interests, which could foreseeably cause conflicts, by filing a Statement of Economic Interests. In addition, a public official may be required to disqualify his/her self themselves from making, participating in, or attempting to influence any government decision which will affect any of their his/her financial interests, not just those that are required to be disclosed.
For more information, the Fair Political Practices Commission (FPPC) Office is available at their toll free telephone number (866-275-3772) and at www.fppc.ca.gov. to explain what a conflict of interest is and when the law requires disqualification, and the information is available at the FPPC web site at www.fppc.ca.gov. The City Clerk’s Office and the City’s web site at www.SantaBarbaraCA.gov also provide conflict of interest information.
Public Inspection
The City Clerk’s Office provides the Statement of Economic Interests forms. All forms are filed with the City Clerk’s Office except for the original statements of Planning Commissioners, which are sent to the Fair Political Practices Commission; the City Clerk’s Office retains a copy.
The original statements are retained in the City Clerk’s Office for seven years, after which time they may be properly destroyed (Government Code Section 81009). All such forms are open for public inspection and reproduction at 10 cents per page (Government Code Section 81008).
Filers
Members of the advisory groups that are required to file a Statement of Economic Interest can be found at the following website: https://santabarbaraca.gov/government/boards-commissions. the following groups must file statements:
Airport Commission
Architectural Board of Review
Arts Advisory Committee
Building and Fire Code Board of Appeals
Civil Service Commissioners, Board of
Community Development and Human Services Committee
Community Events and Festivals Committee
17 Creeks Restoration and Water Quality Improvement Program Citizen Advisory Committee Downtown Parking Committee
Fire and Police Commissioners, Board of
Fire and Police Pension Commissioners, Board of
Harbor Commissioners, Board of
Historic Landmarks Commission
Housing Authority Commission
Filers (Cont’d)
Living Wage Advisory Committee
Parks and Recreation Commission
Planning Commission
Sign Committee
Single Family Design Board
Transportation and Circulation Committee
Water Commissioners, Board of
Type of Statements
Statements of Economic Interest must be filed within 30 days of assuming office; annually no later than April 1st of each year for the reporting period of January 1 through December 31; and within 30 days after leaving the designated position. upon: The following statements must be filed:
Assuming Office Statement
Within 30 days of assuming office.
Annual Statement
No later than April 1, of each year for the reporting period of January 1, through December 31, of the previous year.
Leaving Office Statement
Within 30 days after leaving the designated position.
Additional Late Filing, Non-Filing, and Fine Provisions In addition to the late filing, non-filing, and fine provisions contained in the Political Reform Act, the following will apply:
Late Filings
18 The City Council Advisory Group members who fail to file statements within 30 days of the statutory deadline will not be allowed to participate in meetings of the boards, commissions, or committees to which they have been appointed until the statement is filed with the City Clerk's Office.
Non-Filings
The City Council Advisory Group members who fail to file statements within 60 days of the statutory deadline will be subject to removal from the boards, commissions, or committees to which they have been appointed by motion of the City Council adopted by the affirmative votes of a majority of the total membership of the City Council.
Additional Late Filing, Non-Filing, and Fine Provisions (Cont’d) Fines
The fines assessed to the City Council Advisory Group members are due and payable within 30 days of receiving specific written notice of the fine unless prior written arrangements are agreed to by the City Clerk’s Office and met by the City Council Advisory Group member; and they will not be allowed to participate in meetings of the boards, commissions, or committees to which they have been appointed until the fine is paid to the City Clerk's Office.
Unpaid Fines
The City Council Advisory Group members who do not pay their fines within 30 days of receiving specific written notice will be subject to removal from the boards, commissions, or committees to which they have been appointed by motion of the City Council adopted by the affirmative votes of a majority of the total membership of the City Council.
AB 1234 ETHICS TRAINING
In October 2005, the Governor signed Assembly Bill 1234 (2005) requires that if a local agency provides any type of compensation, salary, or stipend to, or reimburses the expenses of a member of its 'legislative body' (as that term is defined in California Government Code Section 54952), that local agency's officials must receive training in ethics. The training must encompass both general ethics principles, as well as a summary of specific laws concerning conflicts of interests, rules and limitations on gifts, and government transparency. The initial training must be completed no later than one year after the first day of service; and then the training course must be completed once every two years thereafter. The official training sessions last a minimum of two hours.
In addition to the State mandate, the City of Santa Barbara requires that members of certain City Council Advisory Groups must also take AB 1234 training because their roles may involve making decisions that impact individuals’ or businesses’ financial or real property interests or they may be involved in approving leases, contracts or other City budgetary decisions. A list of the Advisory Groups required to take the AB 1234 training can be found at the following website. https://santabarbaraca.gov/government/boardscommissions Training must occur within one year after the member is appointed or reappointed to the board.
For the following City Council Advisory Groups, the initial training must be completed within six 19 months of the adoption of the Guidelines; thereafter, the AB 1234 training course must be completed within one year after a member is appointed or reappointed to the following board or commission:
Airport Commission
Architectural Board of Review
Community Development and Human Services Committee
Creeks Advisory Committee
Downtown Parking Committee
Fire and Police Commission
Harbor Commission
Historic Landmarks Commission
Neighborhood Advisory Council
Parks and Recreation Commission
AB 1234 Ethics Training (Cont’d)Planning Commission (Already State Mandated)
Street Tree Advisory Committee
Single Family Design Board
Water Commission
There are numerous AB 1234 training options, but the City recommends that advisory board and commission members complete the free on-line training program offered by the California FPPC at http://localethics.fppc.ca.gov/login.aspx. Both the FPPC (http://www.fppc.ca.gov/index.php?id=477) and the California Institute of Local Government (http://www.ca-ilg.org/ethics-education-ab-1234-training) contain valuable information on their websites regarding the AB 1234 Ethics Training requirement.
Although only certain City Council Advisory Groups are required to fulfill this requirement (including submitting a certificate of completion to the City Clerk’s Office), it is recommended that all City Council Advisory Group Members complete the training at least once after appointment.
BROWN ACT COMPLIANCE
Purpose
The Ralph M. Brown Act was enacted in 1953 to assure that government action is taken openly. It is also known as the "California Open Meetings Law." (Government Code Sections 54950, et seq.) Provisions
All meetings of City boards, commissions, committees, and groups are to be open and public, and all persons are to be permitted to attend any meeting.
Each City Council Advisory Group should adopt a written resolution, which establishes the time and place of its regular meetings.
Agenda
A written agenda must be prepared for each regular or special meeting of every legislative body.
The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and must specify the time and location of the meeting. No action shall be taken on any item not appearing on the posted agenda. (Sections 54954.2 and 54956) 20 Posting of Agenda
The agenda must be posted at least 72 hours before a regular meeting and 24 hours before a special meeting, and must be posted in a location that is freely accessible to members of the public 24 hours per day. (Sections 54954.2 and 54956)
Ex-Agenda Items
An item may be added to the agenda after the agenda has been published and posted upon a determination by a two-thirds vote of the members (or unanimous vote if less than twothirds of the members are present) that there is an emergency or exigent need to consider an agenda item on an ex-agenda basis . The vote shall be on a motion stating that the need to take immediate action arose after the agenda was published and posted. Any such motion shall be accompanied by distribution of a written findings statement, to be included in the record, stating the facts upon which it can be determined that the need to take action arose after the agenda was published and posted and could not have been agendized as a regular agenda item. In addition, action may be taken on an item not on the posted agenda only under the circumstances stated in Government Code Sections 54954.2(b)(1) dealing with emergencies or 54954.2(b)(3) dealing with duly continued regular meeting agenda items.
Agendas and Written Materials as Public Records
The Brown Act provides that agendas of a public meeting of the legislative body, as well as any other "writings" currently defined by law as public records, must be available for inspection when distributed to all, or a majority of all, of the members of the legislative body. Such documents are required to be available for inspection at the same time that they are distributed to the members of the body. If the material is distributed during the meeting and prepared by the City, it must be made available for public inspection at the meeting.
If it is distributed during the meeting by anyone else, it will be made available by City staff for public inspection after the meeting. In addition, copies of such documents must be made available to the public without delay pursuant to the California Public Records Act. (Section 54957.5[a]/[b]) Regular Meetings
Legislative bodies must set a date, time, and place for holding regular meetings. (Section 54954[a])
21 Members of the public shall be given the opportunity to directly address the legislative body concerning a specific item of business described in the agenda for the meeting. (Section 54954.4[a])
Special Meetings
The Brown Act permits special meetings to be called at any time either by the presiding officer of a board or commission or a majority of the members of a legislative body. The meeting can be called by delivering personally, or by any other means written notice to each member of the legislative body, as well as to each local newspaper of general circulation, radio, and/or television station requesting notice. The notice must be received at least 24 hours before the time of the meeting set forth in the notice.
Notice is not required for those members of the legislative body who have waived it or who attend the meeting despite the absence of formal notice. Notice is required even if no action is taken at the special meetingSection 54956. The signatures of the City Council Advisory Group body may be obtained or other proof of service may be prepared to serve as proof that an agenda was received in a timely fashion.
Special Meetings (Cont’d)
The notice also must be posted at least 24 hours before the time of the meeting in a location which is freely accessible to the public 24 hours per day. The notice must include the time and place of the meeting, and identify the business to be transacted at the special meeting. Only the business set forth in the notice may be considered at the special meeting.
Members of the public shall be given the opportunity to directly address the legislative body concerning any item that has been described in the agenda for the meeting. (Section 54954.3[a]).
Adjourned Meetings
Regular or special meetings may be adjourned (continued) to a specific time and place (within the City limits unless it meets a certain exception). Less than a quorum can adjourn a meeting. A notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment provided that if the matter is continued to a time less than 24 hours after the adjournment, a copy of the order shall be posted immediately following the meeting at which the order or declaration of continuance was made. (Section 54955)
Emergency Meetings
An exception to the 24-hour notice requirement for special meetings is allowed in the case of a public emergency situation involving matters that require prompt action due to the disruption or threatened 22 disruption of public facilities. (Section 54956.5) The applicability under the Brown Act of such emergency situations shall be determined exclusively by the City Attorney's Office.
Quorum
Unless otherwise specified by the City Charter, an ordinance, or a resolution of the City Council, a majority of the members shall constitute a quorum (e.g. seven members on the advisory group, four members present at a meeting constitutes a quorum or majority).
Public Comment
Members of the public shall be given the opportunity to directly address the legislative body concerning any item that has been described in the agenda for the meeting. (Section 54954.3[a]) Additionally, every agenda for regular meetings shall provide an opportunity for members of the public to address the legislative body directly on items of interest to the public that are within the jurisdiction of the legislative body provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by the Brown Act.
Every agenda for regular meetings shall provide an opportunity for members of the public to address the legislative body directly on items of interest to the public that are within the jurisdiction of the legislative body provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by the Brown Act. 23 PARLIAMENTARY PROCEDURE
Robert's Rosenberg’s Rules of Order
All City Council Advisory Groups appointed by the City Council shall conduct their meetings in accordance with the current edition of Robert's Rules of Order except as provided by other rules adopted by the City Council. (Municipal Code Section 2.04.040 - Ordinance No. 3363, adopted 1969; and Resolution No. 79-093) Rosenberg’s Rules of Order, which may be found at: rosenberg'srules-of-order-simple-parliamentary-procedures-for-the-21st-century.pdf (calcities.org) .
Bylaws
In limited circumstances, approved by the City Administrator and City Attorney, the City Council Advisory Groups may develop guidelines or rules and regulations, i.e., bylaws, provided that the bylaws are within the City Council Advisory Group's powers and duties established by the City Council and are consistent with the requirements of these guidelines. The bylaws shall include the regular meeting day, time, and place of meeting. A City Council Advisory Group’s bylaws are subject to approval by Resolution of the City Council.
24 CODE OF CONDUCT
Purpose
The City has adopted an Excellence in Customer Service Code of Conduct to guide appointed members of Boards and Commissions, City employees and its volunteers on the core values that the City expects when conducting city business. The primary purpose for establishing a Code of Conduct is to affirm that Council Advisory Group members are independent, impartial and fair in their judgment and actions, and to ensure that all process participants are treated courteously and respectfully. Advisory group members are considered public officials and must obey all state conflict of interest laws, including the state Political Reform Act 1974. The City has developed additional comportment procedures and adopted policies for appointed advisory board members to follow to help avoid situations that may cause the appearance of a conflict. The following City policies apply:
1. Contact with Individual Advisory Board or Commission Member Outside a Noticed Public Meeting (Ex Parte Communications).
The City recommends that advisory board members not communicate with applicants or other interested persons about pending projects outside a properly agendized meeting. This recommendation extends to communicating by telephone, email, and in-person meetings. The City believes that such communications can give the appearance of improper influence on a City board or commission member, can be an inordinate burden on the member’s personal time, and can expose the City to allegations that the Brown Act has possibly been violated.
2. Disqualification for Potential Conflict of Interest (Stepping Down. Recusal).
Any advisory board member who may be disqualified from participating in a City decision (such as by voting on a particular matter) by reason of a potential conflict of interest under the state Political Reform Act of 1974 shall, immediately prior to consideration of the item at a public meeting, do all of the following: 1. identify the nature of the possible financial interest that gives rise to the conflict of interest in detail sufficient for the public to understand the conflict (disclosure of an actual street address is not required), 2. recuse himself or herself themselves from discussing or voting, and 3. leave the meeting room until after the discussion, vote, or other disposition of or decision on the item, unless the matter has been placed on the consent calendar of uncontested matters. A Board or Commission member stating such disqualification shall not be counted as a part of a necessary quorum and shall be considered to be absent for the purpose of determining the outcome of any vote on such matter.
A primary form of conflict of interest disqualification is one involving a potential “material financial interest” where non-participation in the City decision is legally mandated under the state Political Reform Act. However, in some instances, potential conflicts not regulated by the state Political Reform Act, (such as a board member with a familial, personal, or prior business relationship with the applicant) can be perceived as the appearance of an improper conflict of interest or as a potential for the public official to be biased (i.e., either for or against) a particular applicant. The City believes that it is a good ethical practice to avoid even the appearance of a conflict or impropriety in these situations as well by stepping down and abstaining in a manner similar to that required by the state Political Reform Act of 1974 and the FPPC regulations interpreting that Act.
3. Abstention on Continued Items. Abstention procedures are established to ensure fair project reviews while maintaining consistent direction on projects from boards and commission. An advisory 25 board member who was absent in a previous review meeting should only comment on a continued project if the member has subsequently thoroughly informed himself or herself themselves of the previous board discussion and direction. A board member may inform himself or herself themselves of the prior discussion by reviewing the submitted plans, reading the minutes of the relevant portions of the missed meeting(s), or viewing the video of the previous hearing. The amount of review necessary in order for a board member to properly inform themself himself or herself of the prior discussion is a personal judgment and will depend upon the nature and complexity of the application and project under review. If an advisory board member has not fully informed himself or herself themselves of what occurred during the prior reviews, the member should generally abstain from commenting, conditioning, or participating in the vote on the project. The advisory board member who decides to abstain due to a prior absence shall publicly state on the record the reason for the abstention immediately prior to the hearing of agenda item.
If a board member abstains from participating in a review and a vote because the board member missed a prior meeting, but remains present for the discussion and vote, the board member’s presence counts toward the quorum.
The City believes that advisory board members should not abstain or refuse to consider a City application based on their personal or political beliefs or the personal or political views of an applicant since such beliefs or views do not relate to the merits of the application or to the basis for City review of the application. All applicants and projects shall be treated solely based on the merits of their project proposal or a project’s design and the Municipal Code basis for the City review of the Project. The City also believes that advisory board members should not use abstention votes in order to not vote on the ratification of meeting minutes or as an objection or as a form of personal protest to a particular project or an applicant.
4. Failure to vote. Every board or commission member should shall vote unless disqualified by reason of a conflict of interest as described herein. A board or commission member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. Board and commission members should review all matters fairly and objectively.
5. Attendance. In order to conduct efficient meetings, best serve the public’s interest, and to avoid the loss of a quorum, regular attendance by all members is necessary. If an advisory board member cannot attend a scheduled meeting, or must step down from a particular item due to conflict of interest, or will need to leave the meeting early the member is asked to contact City staff at the earliest possible opportunity prior to the meeting date. The purpose for this staff notification is to ensure a minimum quorum of members is maintained for review of all items. Advisory board members should stay for the duration of the meetings, in fairness to all applicants scheduled for that meeting. If absences are necessary due to unplanned circumstances members should contact staff immediately in advance of meetings. If members need to leave meetings early, advisory board members shall announce such intention at the beginning of each meeting.
6. Attempting to Influence a Governmental Decision
The state Fair Political Practices Commission (FPPC) provides guidance on the requirements of the state Political Reform Act of 1974 and state regulations and interpretations implementing the Political Reform Act which provide for some very narrow exceptions to the general rule that a member may not attempt to influence a governmental decision by participating in a decision when there is a conflict of interest. The following exceptions are recognized:
A. “Technical Drawings” Exception (2 Cal Code of Regulations Sec. 18702.4(b)(4)) allows architects, engineers, and other professionals to submit to City staff drawings and plan submissions which they have prepared on behalf of a client even though they may be a City “public official.” This provision applies only if the public official has no other direct or written 26 contact with the City except to respond to questions concerning their technical drawings or plans. It is the policy of the City that appointed Board and Commission members have very limited contact with City staff while processing City applications filed on behalf of a private client even when such officials can qualify to use the “technical drawings” exception. The City prefers that an associate of the architect, engineer, or other similar design profession primarily interact with City staff and that a City public official not advocate for their client’s projects or attempt to influence a City decision involving a private client, even when the “technical drawings” exception can properly be utilized.
B. The “Sole-Proprietor” Exception (2 Cal Code of Regulations Sec. 18702.4(b)(5)) allows certain architects, engineers, and persons in related design professions who serve on City design review committees to “present” projects to their own City board or commission on behalf of a client. This narrow exception is based on the practical need to allow design professionals who are sole-proprietors and who serve on design review committees in a particular community to practice their profession in that community. The “sole proprietor” exception only applies to design review committees. If the public official is a member of a design firm with other professionals (whether as partners, associates, or employees) this exception does not apply and, the public official must rely on his or her partners, associates or employees to present the drawings or architectural plans submission prepared by that member to their board or commission as well as for any required inter-action with the staff of the board or commission upon which he or she sits.
It is the policy of the City that appointed Board and Commission members only use this exception to allow for a presentation of their own technical drawings and plans and to answer specific technical questions on such drawings. This is not an exception to the rule that the design professional may not participate in or try to influence a City decision being considered by their own board or commission. Any City board or commission member who has questions about how this narrow exception works or its applicability to any particular situation is encouraged to contact the City Attorney’s office for assistance in consulting with the FPPC for advice.
If the Sole-Proprietor Exception is used by an advisory design board member, the chair of the Board or Commission shall announce this fact prior to the presentation of that particular agenda item and read an advisory notice concerning the information attached hereto as Exhibit A.
Note: Advisory board members are advised to consult the FPPC prior to taking any action which may implicate or pertain to possible state conflict of interest and disqualification requirements and may consult with the City Attorney’s office in order to receive assistance in doing so.
EXHIBIT A
STATEMENT TO BE READ BY DESIGN REVIEW BOARD CHAIR WHEN A MEMBER OF THAT BOARD WILL BE MAKING A PRESENTATION – TO BE READ IMMEDIATELY AFTER THE AGENDA ITEM IS CALLED AND TO BE PRINTED ON THE AGENDAS.
The State Political Reform Act’s conflict of interest provisions are intended to ensure that local public officials will perform their duties in an impartial manner, free from bias caused by their own financial interest. As a result, the Political Reform Act prohibits local public officials from “making, participating in making or using their official position to influence a governmental decision in which they may have a financial interest.” When a governmental decision is being made by the same board to which a local public official has been appointed, the official is attempting to use his or her their official position to influence the decision of their 27 own board if the official contacts other board members or city employees in order to discuss the possible decision and does so in a manner which appears to be an attempt to influence the decision. Generally, such an official is also attempting to use his or her their official position to influence a decision if he or she they appears before his or her their own board.
However, a narrow exception to these conflict provisions allow a local public official who is an architect, engineer, or similar design professional to make a presentation to his or her their own board if the following limited circumstances apply:
a. the official is only presenting drawings or submissions of an architectural, engineering, or similar nature which the official himself or herself themself has prepared for a client and he or she they only explains the drawings or responds to questions about the drawings and only so long as the official does not advocate any specific board decision or otherwise attempt to influence or “participate” in a board decision related to the drawings and the official’s client;
b. The board qualifies as a “design review committee” as that term is used by Title 2, California Code of Regulations, section 18702.4, subparagraph (b)(5), (and the opinions and decisions of the state Fair Political Practices Commission) such as the Santa Barbara ABR, HLC, or the SFDB:
c. the official is an architect, engineer, or a person in a related profession and he or she was appointed to the board to fulfill a legal requirement that the board contain an architect, engineer, or other similar professional in a related profession;
d. the official is a “sole practitioner,” as that term is defined by Title 2, California Code of Regulations section 18702.4 (and in the opinions and decisions of the state Fair Political Practices Commission.) 28 ACKNOWLEDGMENT OF RECEIPT OF GUIDELINES
This is to acknowledge that I have received a copy of the GUIDELINES FOR CITY OF SANTA BARBARA ADVISORY GROUPS, approved by the City Council on February 12, 2013_____, 2023, and understand that it contains important information on the City's rules and regulations and on my obligations and responsibilities as an advisory group member.
I acknowledge that I am expected to read, understand, and adhere to City policies and will familiarize myself with the provisions in the handbook. I understand that I am governed by the provisions in the handbook; and that the City may change, rescind or add to any policies or practices declared in the handbook from time to time in its sole and absolute discretion with or without prior notice. The City will advise advisory group members of substantive changes within a reasonable time.
__________________________________________
_____________________
Signature Date
__________________________________________
Name (Typed or Printed)
This document shall be signed by the member and placed in the City Clerk’s file.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA RESCINDING RESOLUTION 13-006,
AND ADOPTING NEW ADVISORY GROUP GUIDELINES
WHEREAS, Advisory Group Guidelines were adopted on February 12, 2013 to govern the conduct of City of Santa Barbara Advisory Group meetings; and WHEREAS, the Advisory Group Guidelines have not been substantively revised since February 12, 2013; and
WHEREAS, new guidelines are necessary to reflect changes to the relevant laws, regulations, and City policy in the past ten years.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:
1. The Advisory Group Guidelines attached hereto as Exhibit A are hereby adopted.
2. The Advisory Group Guidelines adopted on February 12, 2013 are hereby rescinded.
G U I D E L I N E S
FOR THE
CITY OF SANTA BARBARA
ADVISORY GROUPS
APPROVED BY THE CITY COUNCIL
Resolution No.
Adopted
Effective
Prepared by the Santa Barbara City Clerk's Office
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 3
CITY OF SANTA BARBARA ADVISORY GROUPS BACKGROUND
INFORMATION
Section 800 of the City of Santa Barbara Charter authorizes the establishment of City boards and commissions:
"There shall be the following named advisory boards and commissions which shall have the powers and duties herein stated. In addition, the City Council may create by ordinance such additional advisory boards or commissions as in its judgment are required, and may specify the number of members thereof, their terms and manner of appointment, and may grant to them such powers and duties as are consistent with the provisions of this Charter."
Charter Boards and Commissions
Article VIII of the City Charter establishes the following 11 boards and commissions:
Airport Commission
Architectural Board of Review
Civil Service Commissioners, Board of
Fire and Police Commissioners, Board of
Fire and Police Pension Commissioners, Board of
Harbor Commissioners, Board of
Historic Landmarks Commission
Library Board
Parks and Recreation Commission
Planning Commission
Water Commissioners, Board of
Except as provided in the City Charter, all charter board and commission members must be qualified to vote in the City of Santa Barbara.
Article VIII also contains provisions regarding the manner of appointment, removal from office, number and terms of members, meetings, and the powers and duties of each board and commission. These guidelines supplement the recruitment and appointment procedures specified in the City Charter. Those boards and commissions specifically established in the Charter may be eliminated only by amendment to the Charter, which must be approved by the voters.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 4 Other City Council Advisory Groups
All City Council Advisory Groups not specified in the City Charter are established by the City Council by ordinance, resolution, or minute action. Some City Council Advisory Groups are formed for a specific purpose and cease to exist when their goals have been accomplished. The current City Council Advisory Groups are:
Access Advisory Committee
Arts Advisory Committee
Building and Fire Code Board of Appeals
Community Development and Human Services Committee
Community Events and Festivals Committee
Creeks Restoration and Water Quality Improvement Program Citizen Advisory Committee Downtown Parking Committee
Living Wage Advisory Committee
Measure P Committee
Neighborhood Advisory Council
Rental Housing Mediation Task Force
Santa Barbara Sister Cities Board
Santa Barbara Youth Council
Sign Committee
Single Family Design Board
Transportation and Circulation Committee
Other Appointments
The City makes appointments to groups created by State law such as the Housing Authority Commission, the Mosquito and Vector Management District of Santa Barbara County and the Santa Barbara Metropolitan Transit District Board of Directors. The Housing Authority Commission membership may include two non-City residents. The City also appoints one member to the Central Coast Commission for Senior Citizens.
The Housing Authority Commission, the Mosquito and Vector Management District Board of Santa Barbara County, the Santa Barbara Metropolitan Transit Board, and the Central Coast Commission for Senior Citizens are not advisory to the City Council; and their members may serve on a board, commission, or committee that are advisory to the City Council. These groups are included in these Guidelines since the application, appointment, conflict of interest, Brown Act, and parliamentary procedure policies apply to them.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 5
ROLE OF CITY ADVISORY GROUPS
IN POLICY-MAKING
Role of Boards, Commissions, and Committees
In keeping with the City's philosophy of community member involvement, the City Council appoints persons to City Council Advisory Groups to assist in formulating City policy. Santa Barbara is proud of the quality of service performed by its Board members.
In accordance with Section 800 of the Charter of the City of Santa Barbara, the actions of Charter-established boards and commissions are advisory to the City Council, with a few limited exceptions specifically set forth in the Charter.
City of Santa Barbara Resolution No. 7885 regarding recommendations from boards and commissions to government agencies (adopted April 16, 1974), states that board and commission recommendations on matters which come before their respective bodies should be forwarded to the City Council for review since those recommendations are advisory to the City Council. The resolution states that:
“When any board or commission requests that its recommendations be forwarded to another governmental agency: (1) that the recommendation be sent first to the City Council with a request that it be forwarded with or without comment by the City Council; and (2) that except in the most extraordinary circumstances the City Council shall forward such recommendation and in its discretion forward it with or without comment.”
Boards shall not have standing committees unless formed by City Council as required, excepting those formed before July 1, 2023.
Serving in Advisory Capacity
Members are responsible for attending all meetings regularly, understanding the duties of their positions, adhering to the Citywide Nondiscrimination Policy and Excellence in Customer Service Code of Conduct, and working in a manner that will contribute to the betterment of Santa Barbara. Members are expected to act in a professional manner, extending courtesy to board members, staff and participants in the board process.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 6
SOURCES OF INFORMATION
To learn about the roles and responsibilities of the Advisory Groups, a variety of resources are available in the City Clerk's Office and on the City’s web site at http://www.ci.santabarbara.ca.us/ Charter of the City of Santa Barbara
The City is governed by the provisions of its Charter, which was approved by the voters of Santa Barbara. The California Constitution creates two types of cities: general law cities and charter cities. Charter cities are governed by the provisions of their own adopted charter unless the State of California has stated specifically that State laws have preempted an area of regulation.
Generally, charter cities have more local authority over areas that traditionally have been considered "local" or municipal affairs, for example, zoning or local taxes.
Ordinances - Santa Barbara Municipal Code
The Santa Barbara Municipal Code is a compilation of all codified ordinances, which are the laws of the City. Copies of City ordinances - old and current - are available in the City Clerk's Office.
In addition, certain ordinances, generally those with a specific, limited, or temporary purpose, are not codified. These "uncodified" ordinances also are available by contacting the City Clerk's Office Resolutions
Resolutions constitute a written action or decision by the City Council. Copies of the resolutions, which create certain committees, set forth policy, establish membership, etc., are available by contacting the City Clerk's Office.
Minutes - Official Record
The City Clerk's Office maintains the official minutes of actions taken by the City Council since 1850. Reports presented to the City Council by the City Advisory Groups are available in the City Clerk's Office. The City Staff Liaison to each group is responsible for maintaining the original minutes of meetings of the City Advisory Group. The current agendas of the City Advisory Groups are available on the City’s website at www.SantaBarbaraCA.gov and are generally posted at the location where each City Advisory Group regularly meets. Minutes shall be prepared as action minutes unless otherwise directed by the City Attorney.
The current agendas of the City Advisory Groups are available on the City’s website at www.SantaBarbaraCa.gov and are generally posted at the location where each City Advisory Group regularly meets.
Agendas
The current agendas of the City Advisory Groups are available on the City’s website at www.SantaBarbaraCa.gov and are generally posted at the location where each City Advisory Group regularly meets.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 7
VACANCIES
There are two kinds of City Advisory Group vacancies, scheduled and unscheduled.
Scheduled Vacancies
Scheduled vacancies are those created by the expiration of the member’s term. Terms typically end on December 31.
In accordance with state law, a list of all scheduled vacancies for the upcoming calendar year is posted in the City Clerk's Office and at the Library on or before December 31 of each year.
Unscheduled Vacancies
Unscheduled vacancies are those created when a member cannot serve out their entire term due to resignation, removal, or death.
A City Advisory Group member is subject to removal by a motion of the City Council adopted by the affirmative votes of a majority of the total membership of the City Council.
In accordance with state law, a special vacancy notice must be posted in the City Clerk's Office and in the Library not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the City Advisory Group will not be made for at least 10 working days after the posting of the special vacancy notice in the City Clerk’s Office.
RESIGNATIONS
If a City Advisory Group member finds that they cannot perform the duties of the office because of health, business, or other reasons, they shall submit a written resignation to the City Council in care of the City Clerk's Office for action.
A member who is required to be a City resident and who relocates their residence outside of the City shall immediately notify the City Clerk's Office and resign from the board, commission, or committee.
RECRUITMENT PROCESS
Recruitments
Semiannual and annual recruitments are conducted to fill numerous positions whose terms expire on June 30 of the current year and at the end of each calendar year, respectively. Additional recruitments may occur during the year, for example, to fill positions on a newly created board, commission, or committee, or to add sufficient members on a board, commission, or committee for a quorum and when unexpected vacancies occur.
As a part of the recruitment process, the City Clerk's Office notifies each incumbent as well as interested persons, about the term expirations and vacancies, the deadline for receipt of applications, and the dates for the interviews and appointments.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 8 Eligibility
Qualifications for membership vary depending on the City Advisory Group. In most cases, appointees must be residents and qualified electors of the City. A qualified elector is a United States citizen, 18 years of age or older, who resides within the city limits of Santa Barbara. Unless otherwise stated, a public at large member is a resident living within the city limits of Santa Barbara.
An appointee may not hold any full-time paid office or employment in City government.
Membership qualifications are listed in the vacancy notice available in the City Clerk’s Office, at the Library, and on the City’s web site at www.SantaBarbaraCa.gov.
Applications
Persons interested in serving on a City Council Advisory Group, including incumbents who wish to be considered for reappointment, must file a separate application for each group with the City Clerk's Office. Applications may be found here:
https://santabarbaraca.gov/government/boards-commissions Upon receipt of an application, the City Clerk’s Office will confirm receipt via e-mail.
Applications may be completed for vacancies that currently exist or for consideration when future scheduled or unscheduled vacancies occur. An application remains on file in the City Clerk’s Office for a period of one year from the date of receipt unless the applicant requests that it be withdrawn.
Interviews
Applicants and current advisory group members applying for reappointment are required to appear for an interview before the City Council. The City Council interviews each applicant during a Council meeting open to the public. Each applicant is requested to prepare a two-to-three-minute verbal presentation that responds to a set of general and specific questions that are provided to the applicant by the City Clerk’s Office in advance. An overall time limit of five minutes for the interview is allotted if the person is applying for more than one group.
During the interview, applicants may express the desire to be appointed to a group other than that to which they have submitted an application to for the Council’s consideration. If the applicant is qualified, the applicant’s name will be added to the list of persons eligible for appointment. Alternatively, in an effort to fill all vacancies, the Council may ask applicants to determine if they are eligible and are interested in being appointed to a group other than that to which the applicant has applied and interviewed. With the applicant’s approval, the applicant’s name will be added to the list of persons eligible for appointment.
The City Clerk’s Office will notify applicants of the date(s) and time(s) for the interviews via e-mail.
Names of applicants failing to appear for an interview will be removed from the list of persons eligible for appointment.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 9
APPOINTMENT PROCESS
Appointments
After interviewing the applicants, the City Council makes appointments by majority vote in open session. In making these appointments, the Council is guided by the City’s commitment to Inclusion, Diversity, Equity, and Action
(https://santabarbaraca.gov/government/departments/human-resources/inclusion-diversity-equityaction-idea). The appointees are notified of the Council's decision by email. A list of the appointments is posted to the City’s web site at www.SantaBarbaraCA.gov.
Equal Opportunity Goals
The City Council has established a policy for the appointment process of members to the City's various boards, commissions, and committees. This process includes community-wide distribution of information including the number of vacancies and length of term, a full description of the purposes of the City Council Advisory Group, meeting times, deadline for applying, and the appointment process.
In making appointments, the City Council is guided by the City's commitment to nondiscriminatory employment practices and its intention to “serve as a model for equal opportunity through its prerogative of commission and board appointments.” (Resolution No. 8022, adopted March 18, 1975)
The City Council and staff are committed to equal opportunity without discrimination or harassment. The City maintains its commitment to equality in the conduct of City business and encourages applications from all qualified candidates. The City of Santa Barbara prohibits any policy, plan, program, custom or practice which has a discriminatory effect related to race, creed, color, national origin, ancestry, sex (male or female; includes pregnancy/childbirth), political affiliation, religious belief, disability (mental and physical, including HIV and AIDS), medical condition (cancer and genetic characteristics) sexual orientation, gender identity and expression (including transgenderism) marital status or age. This policy applies not only to members of all advisory boards, commissions and committees, and citizen volunteers, but also members of the City Council, City employees and to those who do business with or who seek to do business with the City of Santa Barbara.
Diversity, Equity, Inclusion and Belonging
The City of Santa Barbara is a welcoming, diverse community where every person can thrive. We actively seek out and strive to understand all perspectives, beliefs and values and encourage engagement from all people in decisions affecting them. We recognize all people for their contributions and accomplishments.
Diversity, Equity, Inclusion and Belonging are important to the City because a thriving workplace must not only be comprised of people from different backgrounds and perspectives but also recognize their varied contributions and accomplishments. Committing to practices that value and include diversity at all levels of the organization is an essential step to developing strategies that meet the needs of a diverse community.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 10 Serving On More than One City Council Advisory Group
While we recognize the wealth of expertise available in our community, it is the City Council's preference that people serve on just one board, commission, or committee that is advisory to the City Council. The exception is in the case of the City Council Advisory Groups that are created for a limited term and purpose and that require a limited time commitment from their members, or meet infrequently. This does not include those members serving on a board, commission, or committee that is not advisory to the City Council such as the Housing Authority Commission, Santa Barbara Metropolitan Transit Board, Mosquito and Vector Management District Board of Santa Barbara County, and the Central Coast Commission for Senior Citizens. In furtherance of this policy, the City Council may ask an applicant who is a current member of a City board, commission, or committee to resign from that position as a condition of appointment to another board, commission, or committee.
Term of Appointment
Terms of office for the City Council Advisory Groups are generally four years, with different term lengths for some Groups. The terms are staggered so that all terms do not expire in any one year. Members serve until their successors are appointed and qualified. If a member resigns before the expiration of a term, their replacement serves out the remainder of that term.
Successive Terms of Members of Boards, Commissions, and Committees It is the policy of the City Council that wide community participation be sought in affairs of municipal government and that membership on the City Council Advisory Groups be open, insofar as is practicable, to all competent and interested persons who meet the stated qualifications.
Pursuant to that policy, no member of an advisory group shall serve for longer than two consecutive full terms, consisting of an uninterrupted period of eight years. If the Council finds that a particular member of an advisory group has unique qualifications that are of special benefit to the City, then said member may be reappointed to the same advisory group.
Members of boards and commissions not advisory to the City Council, such as the Central Coast Commission for Senior Citizens, the Housing Authority Commission, the Mosquito and Vector Management District of Santa Barbara County, and the Santa Barbara Metropolitan Transit District Board, shall comply with the term limits specified in the law establishing the board or commission.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 11 Oath of Office
Article XX, Section 3, of the Constitution of the State of California requires that an oath of office be administered. After appointments are made, staff administers a written oath in the City Clerk's Office or by a Notary Public.
Orientation Process
Each department conducts an orientation session for its City Council Advisory Group(s) and distributes a reference manual to new City Council Advisory Group appointees.
Advisory Group Membership List
The members of all City Council Advisory Groups are listed in the "City of Santa Barbara Advisory Group Membership List" and is available in the City Clerk’s Office. The membership list (Roster) is also available on the City’s web site at www.SantaBarbaraCA.gov.
Compensation
Most members of the Council-appointed City Advisory Groups receive no payment, however, there are some Advisory Groups that do receive a stipend. Compensation information for City Advisory Groups can be found on the webpage created for each advisory group on the City’s web site at www.SantaBarbaraCA.gov.
Council Liaisons
A City Councilmember is usually appointed as a liaison to each City Council Advisory Group in January of each year. Councilmember liaisons may attend meetings and participate in the proceedings, but Councilmember liaisons are not voting members of the advisory group.
Councilmember liaisons may provide a verbal report of the proceedings to the full Council during a regular City Council meeting.
Board members shall not be appointed to act as liaisons to other Advisory Groups unless appointed by Council.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 12 CONFLICT OF INTEREST – STATEMENTS OF ECONOMIC INTERESTS Purpose
The Political Reform Act of 1974 (Government Code Sections 81000, et seq.), which was approved by the voters of the State of California, is intended to prevent conflicts of interest by requiring public officials to disclose certain personal financial interests, which could foreseeably cause conflicts, by filing a Statement of Economic Interests. In addition, a public official may be required to disqualify themself from making, participating in, or attempting to influence any government decision which will affect any of their financial interests, not just those that are required to be disclosed.
For more information, the Fair Political Practices Commission (FPPC) Office is available at their toll free telephone number (866-275-3772) and at www.fppc.ca.gov. The City Clerk’s Office and the City’s web site at www.SantaBarbaraCA.gov also provide conflict of interest information.
Public Inspection
The City Clerk’s Office provides the Statement of Economic Interests forms. All forms are filed with the City Clerk’s Office except for the original statements of Planning Commissioners, which are sent to the Fair Political Practices Commission; the City Clerk’s Office retains a copy.
The original statements are retained in the City Clerk’s Office for seven years, after which time they may be properly destroyed (Government Code Section 81009). All such forms are open for public inspection and reproduction at 10 cents per page (Government Code Section 81008).
Filers
Members of the advisory groups that are required to file a Statement of Economic Interest can be found at the following website: https://santabarbaraca.gov/government/boardscommissions.
Type of Statements
Statements of Economic Interest must be filed within 30 days of assuming office; annually no later than April 1st of each year for the reporting period of January 1 through December 31; and within 30 days after leaving the designated position. :
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 13 Additional Late Filing, Non-Filing, and Fine Provisions In addition to the late filing, non-filing, and fine provisions contained in the Political Reform Act, the following will apply:
Late Filings
The City Council Advisory Group members who fail to file statements within 30 days of the statutory deadline will not be allowed to participate in meetings of the boards, commissions, or committees to which they have been appointed until the statement is filed with the City Clerk's Office.
Non-Filings
The City Council Advisory Group members who fail to file statements within 60 days of the statutory deadline will be subject to removal from the boards, commissions, or committees to which they have been appointed by motion of the City Council adopted by the affirmative votes of a majority of the total membership of the City Council.
Fines
The fines assessed to the City Council Advisory Group members are due and payable within 30 days of receiving specific written notice of the fine unless prior written arrangements are agreed to by the City Clerk’s Office and met by the City Council Advisory Group member; and they will not be allowed to participate in meetings of the boards, commissions, or committees to which they have been appointed until the fine is paid to the City Clerk's Office.
Unpaid Fines
The City Council Advisory Group members who do not pay their fines within 30 days of receiving specific written notice will be subject to removal from the boards, commissions, or committees to which they have been appointed by motion of the City Council adopted by the affirmative votes of a majority of the total membership of the City Council.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 14 AB 1234 ETHICS TRAINING
Assembly Bill 1234 (2005) requires that if a local agency provides any type of compensation, salary, or stipend to, or reimburses the expenses of a member of its 'legislative body' (as that term is defined in California Government Code Section 54952), that local agency's officials must receive training in ethics. The training must encompass both general ethics principles, as well as a summary of specific laws concerning conflicts of interests, rules and limitations on gifts, and government transparency. The initial training must be completed no later than one year after the first day of service; and then the training course must be completed once every two years thereafter. The official training sessions last a minimum of two hours.
In addition to the State mandate, the City of Santa Barbara requires that members of certain City Council Advisory Groups must also take AB 1234 training because their roles may involve making decisions that impact individuals’ or businesses’ financial or real property interests or they may be involved in approving leases, contracts or other City budgetary decisions. A list of the Advisory Groups required to take the AB 1234 training can be found at the following website. https://santabarbaraca.gov/government/boards-commissions Training must occur within one year after the member is appointed or reappointed to the board.
There are numerous AB 1234 training options, but the City recommends that advisory board and commission members complete the free on-line training program offered by the California FPPC at http://localethics.fppc.ca.gov/login.aspx. Both the FPPC (http://www.fppc.ca.gov/index.php?id=477) and the California Institute of Local Government (http://www.ca-ilg.org/ethics-education-ab-1234-training) contain valuable information on their websites regarding the AB 1234 Ethics Training requirement.
Although only certain City Council Advisory Groups are required to fulfill this requirement (including submitting a certificate of completion to the City Clerk’s Office), it is recommended that all City Council Advisory Group Members complete the training at least once after appointment.
BROWN ACT COMPLIANCE
Purpose
The Ralph M. Brown Act was enacted in 1953 to assure that government action is taken openly. It is also known as the "California Open Meetings Law." (Government Code Sections 54950, et seq.)
Provisions
All meetings of City boards, commissions, committees, and groups are to be open and public, and all persons are to be permitted to attend any meeting.
Agenda
A written agenda must be prepared for each regular or special meeting of every legislative body. The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and must specify the time and location of the meeting. No action shall be taken on any item not appearing on the posted agenda.
Posting of Agenda
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 15 The agenda must be posted at least 72 hours before a regular meeting and 24 hours before a special meeting and must be posted in a location that is freely accessible to members of the public 24 hours per day.
Agendas and Written Materials as Public Records
The Brown Act provides that agendas of a public meeting of the legislative body, as well as any other "writings" currently defined by law as public records, must be available for inspection when distributed to all, or a majority of all, of the members of the legislative body. Such documents are required to be available for inspection at the same time that they are distributed to the members of the body. If the material is distributed during the meeting and prepared by the City, it must be made available for public inspection at the meeting. If it is distributed during the meeting by anyone else, it will be made available by City staff for public inspection after the meeting. In addition, copies of such documents must be made available to the public without delay pursuant to the California Public Records Act.
Regular Meetings
Legislative bodies must set a date, time, and place for holding regular meetings.
Special Meetings
The Brown Act permits special meetings to be called at any time either by the presiding officer of a board or commission or a majority of the members of a legislative body. The meeting can be called by delivering personally, or by any other means written notice to each member of the legislative body, as well as to each local newspaper of general circulation, radio, and/or television station requesting notice. The notice must be received at least 24 hours before the time of the meeting set forth in the notice.
Notice is not required for those members of the legislative body who have waived it or who attend the meeting despite the absence of formal notice. Notice is required even if no action is taken at the special meeting. The signatures of the City Council Advisory Group body may be obtained or other proof of service may be prepared to serve as proof that an agenda was received in a timely fashion.
The notice also must be posted at least 24 hours before the time of the meeting in a location which is freely accessible to the public 24 hours per day. The notice must include the time and place of the meeting, and identify the business to be transacted at the special meeting. Only the business set forth in the notice may be considered at the special meeting.
Adjourned Meetings
Regular or special meetings may be adjourned (continued) to a specific time and place (within the City limits unless it meets a certain exception). Less than a quorum can adjourn a meeting. A notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment provided that if the matter is continued to a time less than 24 hours after the adjournment, a copy of the order shall be posted immediately following the meeting at which the order or declaration of continuance was made.
Emergency Meetings
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 16 An exception to the 24-hour notice requirement for special meetings is allowed in the case of a public emergency situation involving matters that require prompt action due to the disruption or threatened disruption of public facilities. (Section 54956.5) The applicability under the Brown Act of such emergency situations shall be determined exclusively by the City Attorney's Office.
Quorum
Unless otherwise specified by the City Charter, an ordinance, or a resolution of the City Council, a majority of the members shall constitute a quorum (e.g. seven members on the advisory group, four members present at a meeting constitutes a quorum or majority).
Public Comment
Members of the public shall be given the opportunity to directly address the legislative body concerning any item that has been described in the agenda for the meeting. (Section 54954.3[a]) Additionally, every agenda for regular meetings shall provide an opportunity for members of the public to address the legislative body directly on items of interest to the public that are within the jurisdiction of the legislative body provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by the Brown Act.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 17
PARLIAMENTARY PROCEDURE
Rosenberg’s Rules of Order
All City Council Advisory Groups appointed by the City Council shall conduct their meetings in accordance with Rosenberg’s Rules of Order, which may be found at: rosenberg's-rules-oforder-simple-parliamentary-procedures-for-the-21st-century.pdf (calcities.org) .
Bylaws
In limited circumstances, approved by the City Administrator and City Attorney, the City Council Advisory Groups may develop guidelines or rules and regulations, i.e., bylaws, provided that the bylaws are within the City Council Advisory Group's powers and duties established by the City Council and are consistent with the requirements of these guidelines. The bylaws shall include the regular meeting day, time, and place of meeting. A City Council Advisory Group’s bylaws are subject to approval by Resolution of the City Council.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 18
CODE OF CONDUCT
Purpose
The City has adopted an Excellence in Customer Service Code of Conduct to guide appointed members of Boards and Commissions, City employees and its volunteers on the core values that the City expects when conducting city business. The primary purpose for establishing a Code of Conduct is to affirm that Council Advisory Group members are independent, impartial and fair in their judgment and actions, and to ensure that all process participants are treated courteously and respectfully. Advisory group members are considered public officials and must obey all state conflict of interest laws, including the state Political Reform Act 1974. The City has developed additional comportment procedures and adopted policies for appointed advisory board members to follow to help avoid situations that may cause the appearance of a conflict. The following City policies apply:
1. Contact with Individual Advisory Board or Commission Member Outside a Noticed Public Meeting (Ex Parte Communications).
The City recommends that advisory board members not communicate with applicants or other interested persons about pending projects outside a properly agendized meeting. This recommendation extends to communicating by telephone, email, and in-person meetings.
The City believes that such communications can give the appearance of improper influence on a City board or commission member, can be an inordinate burden on the member’s personal time, and can expose the City to allegations that the Brown Act has possibly been violated.
2. Disqualification for Potential Conflict of Interest (Recusal).
Any advisory board member who may be disqualified from participating in a City decision (such as by voting on a particular matter) by reason of a potential conflict of interest under the state Political Reform Act of 1974 shall, immediately prior to consideration of the item at a public meeting, do all of the following: 1. identify the nature of the possible financial interest that gives rise to the conflict of interest in detail sufficient for the public to understand the conflict (disclosure of an actual street address is not required), 2. recuse themselves from discussing or voting, and 3. leave the meeting room until after the discussion, vote, or other disposition of or decision on the item, unless the matter has been placed on the consent calendar of uncontested matters. A Board or Commission member stating such disqualification shall not be counted as a part of a necessary quorum and shall be considered to be absent for the purpose of determining the outcome of any vote on such matter.
A primary form of conflict of interest disqualification is one involving a potential “material financial interest” where non-participation in the City decision is legally mandated under the state Political Reform Act. However, in some instances, potential conflicts not regulated by the state Political Reform Act, (such as a board member with a familial, personal, or prior business relationship with the applicant) can be perceived as the appearance of an improper conflict of interest or as a potential for the public official to be biased (i.e., either for or against) a particular applicant. The City believes that it is a good ethical practice to avoid even the appearance of a conflict or impropriety in these situations as well by stepping down and abstaining in a manner similar to that required by the state Political Reform Act of 1974 and the FPPC regulations interpreting that Act.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 19
3. Abstention on Continued Items. Abstention procedures are established to ensure fair project reviews while maintaining consistent direction on projects from boards and commission. An advisory board member who was absent in a previous review meeting should only comment on a continued project if the member has subsequently thoroughly informed themselves of the previous board discussion and direction. A board member may inform themselves of the prior discussion by reviewing the submitted plans, reading the minutes of the relevant portions of the missed meeting(s), or viewing the video of the previous hearing. The amount of review necessary in order for a board member to properly inform themself of the prior discussion is a personal judgment and will depend upon the nature and complexity of the application and project under review. If an advisory board member has not fully informed themselves of what occurred during the prior reviews, the member should generally abstain from commenting, conditioning, or participating in the vote on the project. The advisory board member who decides to abstain due to a prior absence shall publicly state on the record the reason for the abstention immediately prior to the hearing of agenda item.
If a board member abstains from participating in a review and a vote because the board member missed a prior meeting, but remains present for the discussion and vote, the board member’s presence counts toward the quorum.
4. Failure to vote. Every board or commission member should vote unless disqualified by reason of a conflict of interest as described herein. A board or commission member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. Board and commission members should review all matters fairly and objectively
5. Attendance. In order to conduct efficient meetings, best serve the public’s interest, and to avoid the loss of a quorum, regular attendance by all members is necessary. If an advisory board member cannot attend a scheduled meeting, or must step down from a particular item due to conflict of interest, or will need to leave the meeting early the member is asked to contact City staff at the earliest possible opportunity prior to the meeting date. The purpose for this staff notification is to ensure a minimum quorum of members is maintained for review of all items. Advisory board members should stay for the duration of the meetings, in fairness to all applicants scheduled for that meeting.
6. Attempting to Influence a Governmental Decision
The state Fair Political Practices Commission (FPPC) provides guidance on the requirements of the state Political Reform Act of 1974 and state regulations and interpretations implementing the Political Reform Act which provide for some very narrow exceptions to the general rule that a member may not attempt to influence a governmental decision by participating in a decision when there is a conflict of interest. Advisory board members are advised to consult the FPPC prior to taking any action which may implicate or pertain to possible state conflict of interest and disqualification requirements and may consult with the City Attorney’s office in order to receive assistance in doing so.
Guidelines for the City of Santa Barbara Advisory Groups, 02/13 Page 20
EXHIBIT A
STATEMENT TO BE READ BY DESIGN REVIEW BOARD CHAIR WHEN A MEMBER OF THAT BOARD WILL BE MAKING A PRESENTATION – TO BE READ IMMEDIATELY AFTER THE AGENDA ITEM IS CALLED AND TO BE PRINTED ON THE AGENDAS.
The State Political Reform Act’s conflict of interest provisions are intended to ensure that local public officials will perform their duties in an impartial manner, free from bias caused by their own financial interest. As a result, the Political Reform Act prohibits local public officials from “making, participating in making or using their official position to influence a governmental decision in which they may have a financial interest.”
When a governmental decision is being made by the same board to which a local public official has been appointed, the official is attempting to use their official position to influence the decision of their own board if the official contacts other board members or city employees in order to discuss the possible decision and does so in a manner which appears to be an attempt to influence the decision. Generally, such an official is also attempting to use their official position to influence a decision if they appears before their own board.
However, a narrow exception to these conflict provisions allow a local public official who is an architect, engineer, or similar design professional to make a presentation to their own board if the following limited circumstances apply:
a. the official is only presenting drawings or submissions of an architectural, engineering, or similar nature which the official themself has prepared for a client and they only explains the drawings or responds to questions about the drawings and only so long as the official does not advocate any specific board decision or otherwise attempt to influence or “participate” in a board decision related to the drawings and the official’s client;
b. the board qualifies as a “design review committee” as that term is used by Title 2, California Code of Regulations, section 18702.4, subparagraph (b)(5), (and the opinions and decisions of the state Fair Political Practices Commission) such as the Santa Barbara ABR, HLC, or the SFDB:
c. the official is an architect, engineer, or a person in a related profession and he or she was appointed to the board to fulfill a legal requirement that the board contain an architect, engineer, or other similar professional in a related profession;
d. the official is a “sole practitioner,” as that term is defined by Title 2, California Code of Regulations section 18702.4 (and in the opinions and decisions of the state Fair Political Practices Commission.)
ACKNOWLEDGMENT OF RECEIPT OF GUIDELINES
This is to acknowledge that I have received a copy of the GUIDELINES FOR CITY OF SANTA BARBARA ADVISORY GROUPS, approved by the City Council on _____, 2023, and understand that it contains important information on the City's rules and regulations and on my obligations and responsibilities as an advisory group member. I acknowledge that I am expected to read, understand, and adhere to City policies and will familiarize myself with the provisions in the handbook. I understand that I am governed by the provisions in the handbook; and that the City may change, rescind or add to any policies or practices declared in the handbook from time to time in its sole and absolute discretion with or without prior notice. The City will advise advisory group members of substantive changes within a reasonable time. __________________________________________ _____________________ Signature Date
__________________________________________
Name (Typed or Printed)
This document shall be signed by the member and placed in the City Clerk’s file.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: August 1, 2023
TO: Mayor and Councilmembers
FROM: Public Works Downtown Team and Engineering Divisions, Public Works Department
SUBJECT: Construction of the Vision Zero State Street Undercrossing Project [Resolution; Agreement]
RECOMMENDATION: That Council:
A. Award a contract with C.A. Rasmussen, Inc., in their low bid amount of $6,494,930 for construction of the Vision Zero State Street Undercrossing Project, Bid No. 3964; and authorize the Public Works Director to execute the contract and approve expenditures up to $649,493 to cover any cost increases that may result from contract change orders for extra work and differences between the estimated bid quantities and actual quantities measured for payment, for a total expenditure authority of $7,114,423; B. Authorize the Public Works Director to execute a contract with Filippin Engineering in the amount of $640,063 for construction management services of the Vision Zero State Street Undercrossing Project, and to approve expenditures of up to $64,000 for potential extra services that may result from necessary changes, for a total expenditure authority of $704,063; C. Approve a sole source contract with David Shelton Inc. in the amount of $1,711,142 for fabrication and installation of ironwork for the Vision Zero State Street Undercrossing Project and authorize the Public Works Director to execute the contract and approve expenditures up to $171,114 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, for a total expenditure authority of $1,882,256; D. Approve a sole source contract with Upton Construction in the amount of $428,504 for the fabrication and installation of tiled columns for the Vision Zero State Street Undercrossing Project and authorize the Public Works Director to execute the contract and approve expenditures up to $42,850 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, for a total expenditure authority of $471,354; Agenda Item No. 17
File Code No. 530.04
Council Agenda Report
Construction of the Vision Zero State Street Undercrossing Project [Resolution; Agreement] August 1, 2023
E. Authorize the Public Works Director to execute the Third Amendment to City Professional Services Agreement No. 26,510 with Bengal Engineering, Inc., in the amount of $50,000 for design support during the construction of the Vision Zero State Street Undercrossing Project, for a total expenditure authority of $919,622;
F. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Appropriate Funds for the Construction of the Vision Zero State Street Undercrossing Project; and
G. Authorize the City Administrator to execute the Freeway Maintenance Agreement between the City of Santa Barbara and the California Department of Transportation for ongoing maintenance of the Vision Zero State Street Undercrossing Project.
EXECUTIVE SUMMARY:
The City of Santa Barbara (City) was awarded an Active Transportation Program (ATP) grant for the design and construction of the Vision Zero State Street Undercrossing Project (Project). The Project connects the City’s two most active transportation-oriented neighborhoods: Downtown and the Waterfront. The Project meets the community’s active transportation needs by widening the sidewalks along State Street from Gutierrez Street to Yanonali Street, installing lighting to illuminate the pedestrian walkway, installing buffered bike lanes, and adjusting travel lanes to improve safety along this collision-prone corridor.
DISCUSSION:
Project Description
The U.S. 101 State Street Undercrossing (Undercrossing) has among the highest concentration of serious injuries to pedestrians and cyclists in the City, and improving safety for active transportation users through the Undercrossing is a priority. This Vision Zero Priority Project reallocates space through the Undercrossing between Yanonali and Gutierrez Streets to improve safety and appropriately rebalance space for vehicles, pedestrians, and cyclists. The Project will widen sidewalks on each side of the street from eight feet to approximately 15 feet. On-street bike lanes will be increased from five to seven feet in width and will have a two- to three-foot protected buffer. The proposed roadway will reduce vehicle lanes to one lane in each direction, plus a flush (painted) median for emergency access, and reconfigure the turning lanes to accommodate vehicle turning movements at both Yanonali and Gutierrez Streets. Additional enhancements include the installation of pedestrian safety lighting and new protective railings; the demolition and reconstruction of existing non-structural columns at the edge of the existing sidewalk to reduce the width of the columns and increase safety around the Council Agenda Report
Construction of the Vision Zero State Street Undercrossing Project [Resolution; Agreement] August 1, 2023
columns; the installation of new plantings in the upper planters and repairs to existing irrigation; street tree removal and replacement; modifications to the existing intersections at State and Gutierrez Streets and State and Yanonali Streets to reduce crossing distances for pedestrians; and lane configuration changes through the Undercrossing to accommodate the improved active transportation modes of travel.
Contract Bids
The Project’s design was completed, and the Project was advertised for the first time in November 2022; however, due to the complexity of the Project, only one bid was received and it was 80% over the engineer’s estimate. The City rejected the bid and worked with the designer to remove the complex and unique elements from the general contract to lower the Project’s construction cost. City staff identified two contractors specifically capable of completing the complex and unique iron and tile work elements of the Project and obtained proposals from those contractors to perform this work. Staff re-advertised the general contract in June 2023 and again received one bid, which was substantially lower than the initial bid received.
One bid was received for the subject work as follows:
BIDDER BID AMOUNT
1. C.A. Rasmussen, Inc.
Valencia, CA
$6,494,930
The low bid of $6,494,930, submitted by C.A. Rasmussen Inc, is an acceptable bid that is responsive to and meets the requirements of the bid specifications. Due to the volatile bidding climate and excessive inflation, rebidding the Project is unlikely to result in better bids.
The change order funding recommendation of $649,493, or ten percent of the total, is typical for this type of work and size of project.
Construction Phase Contract Services
Staff recommends that Council authorize the Public Works Director to execute a contract with Filippin Engineering (FE) in the amount of $640,063 for construction management services and authorize expenditures up to $64,000 for potential extra services, for a total expenditure authority of $704,063. FE is experienced in this type of work and was selected through a competitive Request for Proposals process.
Sole Source Construction Contracts
Council Agenda Report
Construction of the Vision Zero State Street Undercrossing Project [Resolution; Agreement] August 1, 2023
Staff recommends that Council approve and authorize the Public Works Director to execute a sole source contract with David Shelton, Inc. (Shelton) in the amount of $1,711,142 for the fabrication and installation of proprietary pedestrian railing and light poles. Shelton is uniquely qualified to fabricate and install the Project’s ironwork. Shelton worked with the designers during the design of the Project to provide proof of concept for the proprietary light pole and railing design and is the only ironworker to have provided an accepted scale mock-up of the iron elements. Expenditures authority of up to $171,114 for potential change order work is recommended, for a total expenditure authority of $1,882,256.
Staff recommends that Council approve and authorize the Public Works Director to execute a sole source contract with Upton Construction, Inc. (Upton) in the amount of $428,504 for the fabrication and installation of non-structural tiled columns and capitals.
Upton is uniquely qualified to perform this work due to the artistic nature of the work and their proven ability to perform the work based on their accepted scale mock-up provided during the design phase of the Project. Expenditure authority of up to $42,850 for potential change order work is recommended, for a total expenditure authority of $471,354.
Design Support Services
In addition, staff recommends an agreement with Bengal Engineering for design related construction support services. It is typical for a project of this nature to retain the designer of record during construction, should the need arise.
Freeway Maintenance Agreement
Staff recommends that Council authorize the City Administrator to execute the Freeway Maintenance Agreement between the City and the California Department of Transportation (Caltrans), establishing maintenance responsibility for existing and proposed features within Caltrans’ right-of-way within the Undercrossing. The Freeway Maintenance Agreement was reviewed and vetted by Public Works management and went through multiple rounds of iterations with Caltrans to clearly define specific responsibilities at this location.
Community Engagement
The Project was developed and affirmed during three community engagement processes:
1) the 2016 Bicycle Master Plan (BMP), 2) the Pedestrian Master Plan (PMP), and 3) the 2017 Undercrossing Revitalization process. The BMP included six workshops to understand community concerns and needs related to cycling. The BMP identified the need for safer biking facilities at the Undercrossing for improved access to community destinations and the need to strengthen this critical connection between the City’s Downtown and Waterfront neighborhoods.
Council Agenda Report
Construction of the Vision Zero State Street Undercrossing Project [Resolution; Agreement] August 1, 2023
The PMP included public meetings held Downtown and resulted in a policy being created that the City shall eliminate the U.S. 101 freeway as a barrier to pedestrian travel.
The Undercrossing revitalization process included a public workshop near the Undercrossing, a design charrette, and noticed public meetings. This visioning process initially focused on beautification efforts to make for a more pleasant pedestrian experience. However, significant mobility issues were raised at the public workshop that led to this community-driven Project, which was ultimately endorsed by Council.
In 2018, Council adopted the Vision Zero Strategy, with Lower State Street being one of the priority corridors to eliminate traffic-related deaths or serious injuries. With Council and community support, the City applied for ATP grant funding for the Project.
During the design phase, the Project went through many public hearings at various City boards and commissions, including the Historic Landmarks Commission, Streets Tree Advisory Committee, Parks and Recreation Commission, and Transportation Circulation Committee. The Project also went before the County Arts Commission to determine future areas within the Project that could accommodate art.
Community engagement will continue in the construction phase. Construction is anticipated to take approximately 18 months and will be phased to limit disruption to the public and adjacent businesses to the greatest extent possible. Public notification during the various phases of work will be accomplished through a variety of methods as appropriate, including postings on City News in Brief, Nextdoor.com, construction signage, mailers, and door hangers.
BUDGET/FINANCIAL INFORMATION:
This Project is primarily funded by an ATP grant and Measure C Capital Funds. Additional funding is provided from the Measure A Operating Fund and the Streets Operating Fund.
With the recommended appropriations of ATP grant, Measure C Capital, Measure A Operating, and Streets Operating Funds there will be sufficient expenditure appropriations to cover the cost of this Project, including the proposed contracts and extra services with C.A. Rasmussen Inc, Upton, David Shelton, Inc., FE, and Bengal Engineering, Inc.
Council Agenda Report
Construction of the Vision Zero State Street Undercrossing Project [Resolution; Agreement] August 1, 2023
The following summarizes all Project design costs, construction contract funding, and other Project costs:
ESTIMATED TOTAL PROJECT COST
*Cents have been rounded to the nearest dollar in this table.
GRANT
SHARE
CITY
SHARE
TOTAL
City Design Costs (City Staff) $149,138 $0 $149,138
Consultant Design Costs (Bengal) 848,372 0 848,372
Design Subtotal $997,510 $0 $997,510
Construction Contract (C.A. Rasmussen) $3,748,000 $2,746,930 $6,494,930 Construction Change Order Allowance 0 649,493 649,493
Construction Contract (Upton Construction) 0 471,354 471,354 Construction Contract (Dave Shelton, Inc.) 0 1,882,256 1,882,256 Subtotal $3,748,000 $5,750,033 $9,498,033
Construction Management (City Staff) $0 $241,360 $241,360 Construction Management (FE) 0 704,063 704,063
Design Support During Construction (Bengal) 0 55,000 55,000 City Furnished Materials (Light fixtures) 0 30,000 30,000 Subtotal $0 $1,030,423 $1,030,423
Construction Subtotal $3,748,000 $6,780,456 $10,528,456 TOTAL PROJECT COST $4,745,510 $6,780,456 $11,525,966
A copy of the contracts may be requested from the Public Works Department for public review by contacting [email protected].
ENVIRONMENTAL REVIEW:
The Project was determined to be exempt under the California Environmental Quality Act, Section 15301, Existing Facilities. This exemption covers the operation, repair, maintenance, and minor alterations to existing facilities involving no or negligible expansion of existing or former use. The Project falls under subdivisions b, c, f, and h of Section 15301. The Project involves minor alterations (bicycle lane improvements, pedestrian improvements, addition of street trees, and vehicle lane reduction) of an existing public street, involving negligible or no expansion of use. A Notice of Exemption was filed on September 9, 2020.
Council Agenda Report
Construction of the Vision Zero State Street Undercrossing Project [Resolution; Agreement] August 1, 2023
PREPARED BY: Brian D’Amour, P.E., City Engineer/EG/sk
Jessica W. Grant, Supervising Transportation Planner
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 23-076,
ADOPTING THE BUDGET FOR FISCAL YEAR 2024, TO
APPROPRIATE FUNDS FOR THE CONSTRUCTION OF
THE VISION ZERO STATE STREET UNDERCROSSING
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, 2023; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2023;
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 a 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. 23-076, 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 2024, as adopted by Resolution No. 23-076, is hereby amended as follows:
SECTION 1. The Council accepts the Active Transportation Program grant in the amount of $3,748,000.
SECTION 2. The Council approves an increase in revenue and expenditure appropriations of $3,748,000 in Fiscal Year 2024 in the Vision Zero State Street Undercrossing Project in the Streets Grant Capital Fund budget.
SECTION 3. The Council approves the allocation of available expenditure appropriations in the Overlays Project in the Measure C Capital Fund in the amount of $3,367,456 to the Vision State Street Undercrossing Project to fund the proposed contracts, including extra services, with C.A. Rasmussen, Inc., Upton Construction, David Shelton, Inc., Filipin Engineering, and Bengal Engineering, Inc. for the construction of the Vision Zero State Street Undercrossing Project.
SECTION 4. The Council approves an increase in expenditure appropriations in the Measure A Operating Fund in Fiscal Year 2024 in the amount of $385,000, funded from available reserves, authorizes the transfer of such funds to the Measure A Capital Fund, and approves an increase in revenue and expenditure appropriations in the Vision Zero State Street Undercrossing Project in the Measure A Capital Fund budget to fund the proposed contracts, including extra services, with C.A. Rasmussen Inc, Upton Construction, David Shelton, Inc., Filipin Engineering, and Bengal Engineering, Inc. for the construction of the Vision Zero State Street Undercrossing Project.
SECTION 5. The Council approves an increase in expenditure appropriations in the Streets Operating Fund in Fiscal Year 2024 in the amount of $548,000, funded from available reserves, authorizes the transfer of such funds to the Streets Grant Capital Fund, and approves an increase in revenue and expenditure appropriations in the Vision101 State Street Undercrossing Project in the Streets Grant Capital Fund budget to fund the proposed contracts, including extra services, with C.A. Rasmussen Inc, Upton Construction, David Shelton, Inc., Filipin Engineering, and Bengal Engineering, Inc. for the construction of the Vision Zero State Street Undercrossing Project.