Agenda packet, first session — Santa Barbara City Council, September 12, 2023

CITY OF SANTA BARBARA

CITY COUNCIL
Randy Rowse
Mayor
Rebecca Bjork
City Administrator
Alejandra Gutierrez
Mayor Pro Tempore
Oscar Gutierrez
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Eric Friedman
Finance Committee Chair
Meagan Harmon
Mike Jordan
Kristen W. Sneddon
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
SEPTEMBER 12, 2023, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.

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

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

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

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

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

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

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

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

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

AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 09/12/2023 Santa Barbara City Council Final Agenda Page 1 SEPTEMBER 12, 2023 AGENDA
REGULAR CITY COUNCIL MEETING – 2:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL ITEMS

1. Subject: Hispanic Heritage Month - September 15-October 15, 2023 (120.04)

2. Subject: Employee Recognition – Service Award Pins (120.04) Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through September 30, 2023.

CHANGES TO THE AGENDA

CONSENT CALENDAR

3. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the special meetings of June 13, 2023; August 22, 2023 (11 a.m.); August 22, 2023 (2 p.m.); and the regular meeting of July 25, 2023.

4. Subject: Grant Funding for Household Hazardous Waste Collection and Education [Resolution] (630.12)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Sustainability and Resilience Director to Execute all Necessary Documents and Submit an Application for Grant Funds from the California Department of Resources Recycling and Recovery for Efforts Related to the Collection and Education of Household Hazardous Waste. 09/12/2023 Santa Barbara City Council Final Agenda Page 2

5. Subject: Library Department Acceptance of Zip Books Grant [Resolution] (570.04)
Recommendation: That Council:

A. Accept a grant in the amount of $18,000 from the California State Library to provide access to additional books not already in the Library’s collection; 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 $18,000 Funded by the California State Library.

6. Subject: Delegate Authority to Airport Director to Apply for and Execute Grants for Airport Infrastructure and Planning Programs [Resolution] (560.09)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Airport Director to Apply for and Execute Grants and Other Transactional Documents for Collaboration on or Participation in Airport Infrastructure and Planning Programs.

7. Subject: Acceptance of Douglas Family Preserve Endowment Funds from the Parks and Recreation Community Foundation Douglas Family Preserve Endowment [Resolution] (570.05)
Recommendation: That Council:

A. Accept donation of $55,000 from the Parks and Recreation Community Foundation for maintenance activities at the Douglas Family Preserve; 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 Increase Revenue and Expenditure Appropriations by $55,000 in the Parks and Recreation Department Fiscal Year 2024 Miscellaneous Grants Fund for the Maintenance of the Douglas Family Preserve.
09/12/2023 Santa Barbara City Council Final Agenda Page 3

8. Subject: Design Services for the Cliff Drive Coastal Bike Route Gap Closure and Pedestrian Safety Improvements Project [Resolution; Agreement] (530.04)
Recommendation: That Council:

A. Authorize the Public Works Director to execute a City Professional Services contract with Mark Thomas & Company, Inc., in the amount of $2,885,377 for design services of the Cliff Drive Urban Highway to Complete Street Transformation Project and authorize expenditures up to $288,538 for potential extra services, for a total expenditure authority of $3,173,915; 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 Funds for the Design of the Cliff Drive Urban Highway to Complete Street Transformation Project.

9. Subject: Contract Amendment with RRM Design Group for the Chase Palm Park Arbor Project [Agreement] (570.05)
Recommendation: That Council authorize the Parks and Recreation Director to execute a first amendment to contract #26,919 with RRM Design Group in the amount of $23,125 for design services and construction administration for the Chase Palm Park Arbor Project.

10. Subject: Design Services for the Gibraltar Dam Spillway Concrete Resurfacing Project [Agreement] (540.09)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with GEI Consultants, Inc., in the amount of $139,400 for design services for the Gibraltar Dam Spillway Concrete Resurfacing Project, and $13,940 for potential extra services, for a total expenditure authority of $153,340.
09/12/2023 Santa Barbara City Council Final Agenda Page 4

11. Subject: Housing Rehabilitation Loan Program Grant for $540,000 to the Housing Authority of the City of Santa Barbara for Property Located at 175 S. La Cumbre Lane (660.01)
Recommendation: That Council:

A. Approve the allocation of appropriations in the Community Development Block Grant (CDBG) Housing Rehabilitation Loan Program (HRLP) Fund in the amount of $540,000 to fund a request from the Housing Authority of the City of Santa Barbara (HACSB) for a $540,000 grant for the rehabilitation of the property owned by the Santa Barbara Affordable Housing Group, an instrumentality of HACSB, located at 175 S. La Cumbre Lane (Property); and
B. Authorize the Community Development Director to execute such agreements and related documents, subject to approval as to form by the City Attorney, as necessary.

12. Subject: Santa Barbara Clean Energy 2022 Power Content Label Attestation Recommendation: That Council approve the attestation specified under California’s Power Source Disclosure Program, which requires the governing Council of a public agency providing retail electric service to endorse the accuracy of each annual report and power content label, as submitted to the California Energy Commission, for the previous year.

13. Subject: Best Interest Waiver for Trail System Services for Phase 2 of the Parma Park Sustainable Trails Project (570.05)
Recommendation: That Council approve a Best Interest Waiver under Santa Barbara Municipal Code §4.52.070, subdivision L, authorizing the General Services Manager to issue a Purchase Order in the amount of $167,400 to Sage Trail Alliance for Phase II of the Sustainable Trails Project.

14. Subject: Approval of Benefits Administration Contract [Agreement] (410.01) Recommendation: That Council authorize the City Administrator to enter into an agreement with Benefit Coordinators Corporation for employee benefits administration services effective July 1, 2023.

This concludes the Consent Calendar.

PUBLIC COMMENT

PULLED CONSENT ITEMS
09/12/2023 Santa Barbara City Council Final Agenda Page 5

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

FINANCE DEPARTMENT

15. Subject: Reserve Policy Discussion and Direction [Ordinance Introduction; Resolution] (210.01)
Recommendation: That Council:

A. Provide direction and adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing Policies for Reserves for the City’s General Fund, Enterprise Funds and Internal Services Funds, and Amending Resolution No. 22-126; and
B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Repealing Chapter 17.40 Pertaining to the Purpose, Accumulation, and Use of Funds Within the Harbor Preservation Fund.

MAYOR AND COUNCIL REPORTS

16. Subject: Appointment to the Fire and Police Commission (140.05) Recommendation: That Council appoint one new member to the Fire and Police Commission to fill an unscheduled vacancy through December 31, 2026.

QUASI-JUDICIAL HEARING RULES APPLY TO THE FOLLOWING AGENDA ITEM

PUBLIC HEARING

17. Subject: Appeal of the Planning Commission’s Approval of a Coastal Development Permit at 125 and 145 S. Calle Cesar Chavez and 110 and 114 S. Quarantina Street (640.07)
Recommendation: That Council:

A. Deny the appeal of Anna Marie Gott and uphold the Planning Commission’s approval of the Coastal Development Permit and the determination that the project is categorically exempt from further environmental review; and B. Direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal.

COUNCIL AND STAFF COMMUNICATIONS
09/12/2023 Santa Barbara City Council Final Agenda Page 6

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: September 12, 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 September 30, 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 September 30, 2023.

ATTACHMENT(S): September 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
File Code No. 120.04

ATTACHMENT
September 2023 SERVICE AWARDS
September 12, 2023 Council Meeting
5 Years
Dunja Sawka, Building Permit Technician, Community Development Department Alejandra Jimenez, Police Records Specialist, Police Department Hector Avila, Streets Maintenance Worker II, Public Works Department Ruben Badilla, Streets Maintenance Crew Leader, Public Works Department Daisy Hernandez, Administrative Specialist, Parks & Recreation Department 10 YEARS
Jose Ramirez, Grounds Maintenance Crew Leader, Parks & Recreation Department Dustin Mendenhall, Senior Waterfront Maintenance Worker, Waterfront Department 15 YEARS
Guillermo Cipres, Police Sergeant, Police Department
Ashleigh Shue, Principal Engineer, Public Works Department Hugo Miguel Perez, Custodian, Airport Department
20 YEARS
Eric Just, Geographic Information Systems Coordinator, Information Technology Department Rodolfo Saldana, Grounds Maintenance Worker II, Parks & Recreation Department Patricia Herrera, Office Specialist II, Parks & Recreation Department 25 YEARS
Lorraine Cruz-Carpenter, Environmental Services Manager, Sustainability & Resilience Department
06/13/2023 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
JUNE 13, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:00 a.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Kristen W.

Sneddon, Mayor Randy Rowse.

Councilmembers absent: Alejandra Gutierrez, Mike Jordan.

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

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION

1. Subject: Conference with City Attorney -- Gov. Code § 54956.9(d)(4):

Initiation of Litigation on One Matter (160.03)
Recommendation: That Council hold a closed session to consider initiating litigation pursuant to subsection (d)(4) of Section 54956.9 of the Government Code and take appropriate action as needed (one potential case).

Scheduling: Duration, 30 minutes; anytime
Report: None anticipated
Document:

Agenda Item No. 3 Agenda Item No. 3.
06/13/2023 Santa Barbara City Council Minutes Page 2 of 2 - June 13, 2023, report from the City Attorney.

Time:
- 11:03 a.m. – 11:56 a.m.

No report made.

PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA

ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:56 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on September 12, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
08/22/2023 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
AUGUST 22, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:03 a.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez (11:04 a.m.), 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.

CLOSED SESSION

1. Subject: Conference with Labor Negotiator (440.03)
Recommendation: That Council hold a closed session pursuant to the authority of Government Code Section 54957.6 to consider instructions to City negotiator Wendy Levy, Human Resources Director, Sam Ramirez, Labor Relations Manager, Oliver Yee, Attorney with Liebert Cassidy Whitmore, regarding negotiations with, Service Employees’ International Union, Local 620, Treatment and Patrol Bargaining Units, Santa Barbara City Employees’ Association (General Bargaining Unit) Local 620 Service Employees’ International Union, Fire Management Association, Santa Barbara City Firefighters Association, Police Officers Association, Police Management Association, Santa Barbara City Supervisory Employees, and Unrepresented Management and Confidential Employees.

SCHEDULING: Duration, 45 Minutes; anytime
08/22/2023 Santa Barbara City Council Minutes Page 2 of 2 REPORT: None anticipated
Document:
- August 22, 2023, report from the Human Resources Director.

Time:
- 11:03 a.m. – 11:35 a.m.

No report made.

PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA

ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:35 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on September 12, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
08/22/2023 Santa Barbara City Council Minutes Page 1 of 7

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
AUGUST 22, 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

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

CONSENT CALENDAR (Items 1, 2, 5, 7)
The titles of the Ordinances and Resolutions were read.

Motion:

Councilmembers A. Gutierrez/Harmon to approve Consent Calendar items 1, 2, 5 and 7 as recommended.

Vote:

Unanimous roll call vote.
08/22/2023 Santa Barbara City Council Minutes Page 2 of 7

1. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of August 1, 2023.

2. Subject: Approval to Subordinate the City’s Affordability Covenant on Sanctuary Center’s Public Benefit Project Located at 115 West Anapamu Street [Ordinance Introduction] (660.04)
Recommendation: That Council:

A. Approve a request from Sanctuary Center of Santa Barbara, Inc., to subordinate the City’s affordability covenant on their new public benefit development project located at 115 West Anapamu Street; and B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a 55-Year Affordability Control Covenant Imposed on Real Property Located at 115 West Anapamu Street and Authorizing the Community Development Director to Execute Such Agreement, Subject to Approval as to Form by the City Attorney, as Necessary.

Action: Approved the recommendations; Proposed Ordinance (August 22, 2023 Council Agenda Report and any attachments.)

5. Subject: Library Department Acceptance of Public Library Association Digital Literacy Workshop Grant [Resolution] (570.04)
Recommendation: That Council:

A. Accept a grant in the amount of $6,000 from the American Library Association for digital literacy education classes; 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 $6,000 Funded by the American Library Association.

Action: Approved the recommendations; Resolution No. 23-106 (August 22, 2023 Council Agenda Report and any attachments.)
08/22/2023 Santa Barbara City Council Minutes Page 3 of 7

7. Subject: Acceptance of Federal Aviation Administration Airport Improvement Program Grant Offer for the Santa Barbara Airport [Resolution] (560.01)
Recommendation: That Council:

A. Accept and authorize the Airport Director to execute, on behalf of the City, a Federal Aviation Administration Grant offer, No. 3-06-0235-071-2023, in an amount not to exceed $6,716,420 in the Airport Improvement Program funds, for the Santa Barbara Airport Airfield Marking Signage and Lighting Upgrades Project; 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 Funds for the Construction of the Airfield Marking Signage and Lighting Upgrades Project.

Action: Approved the recommendations; Resolution No. 23-108 (August 22, 2023 Council Agenda Report and any attachments.)
This concludes the Consent Calendar.

PUBLIC COMMENT
Members of the public: Scott Black; Graham Martin-Setaro; Clint Orr; Bryan Rosen.

PULLED CONSENT ITEMS

3. 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.

Documents:
- August 22, 2023, report from the Community Development Director.

Councilmember Sneddon reported that she would be recusing herself from consideration of the item. Councilmember Sneddon was excused from the meeting at 2:19 p.m.
08/22/2023 Santa Barbara City Council Minutes Page 4 of 7 Motion:

Councilmembers Jordan/Harmon to approve the recommended action; Resolution No. 23-104.

Vote:

Majority roll call vote (No: Councilmember Friedman; Abstain:

Councilmember Sneddon.)
Councilmember Sneddon returned to the meeting at 2:20 p.m.

4. Subject: Library Department Acceptance of English as a Second Language Grant [Resolution] (570.04)
Recommendation: That Council:

A. Accept a grant in the amount of $84,851 from the California State Library for English as a Second Language services; 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 $84,851 Funded by the California State Library.

Documents:
- August 22, 2023, report from the Library Director.

Speakers:
- Staff: Library Director Jessica Cadiente.

Motion:

Councilmembers Friedman/A. Gutierrez to approve the recommended action; Resolution No. 23-105.

Vote:

Unanimous roll call vote.

6. Subject: Accept a Donation from One805 for Jujitsu Training for Sworn Police Department Personnel and Appropriate Funds in Fiscal Year 2024 [Resolution] (520.04)
Recommendation: That Council:

A. Accept a $10,000 donation from One805 to be used for the purchase of Jujitsu training classes for sworn Police Department personnel; 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 Approve an Increase of Revenue and Expenditure 08/22/2023 Santa Barbara City Council Minutes Page 5 of 7 Appropriations in Fiscal Year 2024 in the Police Department Miscellaneous Grants Fund Budget in the Amount of $10,000.

Documents:
- August 22, 2023, report from the Police Chief.

Speakers:
- Staff: Police Chief Kelly Gordon.

Motion:

Councilmembers Friedman/Sneddon to approve the recommended action; Resolution No. 23-107.

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. Library Advisory Board; 2. League of Cities Coastal Cities leadership group.

Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. Downtown food and beverage meeting; 2. Arts Advisory Meeting; 3. Community Events and Festivals Committee; 4. Santa Barbara Youth Council.

Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. Water Commission; 2. Creeks Advisory Committee; 3. COMB meeting; 4. Historic Landmarks Commission; meeting; 5. State Street Advisory Committee.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

AIRPORT DEPARTMENT

8. Subject: Airport Department Draft Response to City of Goleta Noise Action Plan Letter Request Dated January 17, 2023 (560.14)
Recommendation: That Council consider Airport Department’s Draft Response to City of Goleta Letter to Santa Barbara City Council regarding Aircraft Noise Action Plan Request.

Documents:
- August 22, 2023 Council Agenda Report and any attachments - PowerPoint presentation prepared and made by staff.

Speakers:
08/22/2023 Santa Barbara City Council Minutes Page 6 of 7 - Staff: Airport Director Chris Hastert; Project Planner Jessica Metzger. - Members of the Public: James Kyriaco; Kathy Janega-Dykes; Kristen Miller; Peter Imhof; Kyle Richards; Brittany Zajic.

Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Friedman/O. Gutierrez to approve the letter and authorize transmittal of it to the City of Goleta.

Vote:

Unanimous roll call vote.

COMMUNITY DEVELOPMENT DEPARTMENT

9. Subject: Establishment of the State Street Promenade Pilot Program Committee [Resolution] (610.01)
Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing the State Street Promenade Pilot Program Committee as a Standing Committee of the City Council; and B. Appoint three City Council members to the State Street Promenade Pilot Program Committee.

Documents:
- August 22, 2023 Council Agenda Report and any attachments - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Assistant City Attorney Dan Hentchke.
- Members of the Public: Kristen Miller; Bob Stout; Victoria Valente; Anthony Grumbine; Robin Elander; Anna Marie Gott; Cass Ensberg; Tammy Hughes; Lee Heller; Jim Knell.

Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Friedman/A. Gutierrez to agendize a monthly City Council item for the full City Council to receive updates on interim operations within the State Street Master Planning Project Area with the ability to take actions on interim operations within the area, and to disband the ad hoc committee 08/22/2023 Santa Barbara City Council Minutes Page 7 of 7 and bring back recommendations on how to incorporate Historic Landmarks Commission and Access Advisory Committee input to these discussions.

Vote:

Unanimous roll call vote.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS
Mayor Pro Tem A. Gutierrez reported on their attendance at the following events or made the following comments: 1. Discussed Councilmembers informing Councilmember of home district of events.

Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. Enjoyed Fiesta; 2. Attended PATH neighborhood cleanups;

3. La Cumbre kick off; 4. Lark ten-year anniversary.

Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. Happy birthday to Pam Sneddon.

Mayor Rowse reported on their attendance at the following events or made the following comments: 1. Lend support to Maui.

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Rowse adjourned the meeting at 5:09 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on September 12, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
07/25/2023 Santa Barbara City Council Minutes Page 1 of 5

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
JULY 25, 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 met at 12:00 p.m. The Ordinance Committee, which ordinarily meets 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: National Disability Independence Day - July 26, 2023 (120.04) Action: Proclamation presented to Dr. Bob Burnham.

CHANGES TO THE AGENDA
City Administrator Bjork stated that Ricardo Santana Velázquez, Consul of Mexico in Oxnard, is present and requested that he have the opportunity speak to Council.

CONSENT CALENDAR (Item Nos. 2, 4 – 5, 7 - 9)
The titles of the Ordinances and Resolutions were read. 07/25/2023 Santa Barbara City Council Minutes Page 2 of 5 Motion:

Councilmembers Harmon/Friedman to approve the balance of the consent calendar, excepting items 3 and 6.

Vote:

Unanimous roll call vote.

2. Subject: Noise Ordinance Update [Ordinance Adoption] (630.09) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Sections 9.16.030 and 9.16.080 Pertaining to Noise.

Action: Approved the recommendation; Ordinance No. 6120 (July 25, 2023 Council Agenda Report and any attachments).

4. Subject: Amendments to the Schedule of Penalties, Fees, and Service Charges Related to Downtown Parking, Water, and Wastewater [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 Became Effective on July 1, 2023, or as Provided Therein, and Amend the City of Santa Barbara Schedule of Penalties, Fees, and Service Charges.

Action: Approved the recommendation; Resolution No. 23-098 (July 25, 2023 Council Agenda Report and any attachments).

5. Subject: June 30, 2023, Investment Report and June 30, 2023, Fiscal Agent Report (260.02)
Recommendation: That Council:

A. Accept the June 30, 2023, Investment Report; and
B. Accept the June 30, 2023, Fiscal Agent Report.

Action: Approved the recommendations (July 25, 2023 Council Agenda Report and any attachments).

7. Subject: Contract with Visit Santa Barbara for Tourism Marketing Services [Agreement] (170.01)
Recommendation: That Council authorize the City Administrator to execute an annual community promotion contract with Visit Santa Barbara to provide 07/25/2023 Santa Barbara City Council Minutes Page 3 of 5 marketing services that promote Santa Barbara as a tourism destination, in an amount of $950,000.

Action: Approved the recommendation; Agreement No. 28,395 (July 25, 2023 Council Agenda Report and any attachments).

8. Subject: Amendments to Professional Services Agreements for Permit, Plan Check, and Inspection Services [Agreement] (640.01)
Recommendation: That Council:

A. Authorize the Community Development Director to execute the fifth amendment to increase the amount of Santa Barbara City Agreement No. 26,978 with Bureau Veritas North America, Inc., by $115,000, for a total contract amount of $1,060,000, to provide permit, plan check, and inspection services; and
B. Authorize the Community Development Director to execute the fifth amendment to increase the amount of Santa Barbara City Agreement No. 26,979 with Interwest Consulting Group by $100,000, for a total contract amount of $585,000, to provide permit, plan check, and inspection services.

Action: Approved the recommendation; Agreement Nos. 26,978.5 and 28,979.5 (July 25, 2023 Council Agenda Report and any attachments).

This concluded the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
Finance/Ordinance Committee Chair Friedman reported that the Committee heard and approved the Turner Foundation item and discussed the proposed reserve policy and staff recommendations and will forward the item for Council consideration.

PUBLIC COMMENT
Members of the Public: David Crockett Williams; Steven Fountain; Denice Spangler Adams; Ron Bjorkland; Bryan Rosen; Graham Martin-Setaro; Clint Orr.

PULLED CONSENT ITEMS

3. Subject: Loan to the Turner Foundation for $457,500 for Acquisition of Property Located at 2011 Oak Avenue [Ordinance Introduction, Agreement] (660.04)
Recommendation: That Council:
07/25/2023 Santa Barbara City Council Minutes Page 4 of 5 A. Introduce and subsequently 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;
B. Approve the Subordination of the City’s Loan Agreement, Deed of Trust, and Affordability Covenant to the California Department of Housing and Community Development (HCD) and County of Santa Barbara Agreements, Liens, and Regulatory Agreements; and
C. Authorize the Community Development Director to execute a formal reservation of funding letter to be submitted to State HCD as part of the Homekey project application.

Documents:
- July 25, 2023, report from the Community Development Department.

Proposed Ordinance.

Motion:

Councilmembers Friedman/Harmon to approve the recommended actions; Vote:

Unanimous roll call vote.

6. Subject: Contract with Santa Barbara International Film Festival [Agreement] (170.01)
Recommendation: That Council authorize the City Administrator to execute an annual community promotion contract with Santa Barbara International Film Festival in the amount of $76,665 to support film festival programming and yearround administrative expenses.

Documents:
- July 25, 2023, report from the City Administrator.

Motion:

Councilmembers Friedman/O. Gutierrez to approve the recommended action; Agreement No. 28,394.

Vote:

Unanimous roll call vote.

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
07/25/2023 Santa Barbara City Council Minutes Page 5 of 5 Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. COMB meeting; 2. Reception for Congressional Woman of the Year; 3. Wished happy birthday to her mother.

Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. SB ACT meeting; 2. Met with Turner Foundation; 3. Santa Barbara Fire Department promotions ceremony; 3. Coffee with a Cop; 4. State Street Business Roundtable.

Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Parc Foundation meeting; 2. Santa Barbara Fire Department promotions ceremony;3. Wished happy birthday to his mother.

Mayor Rowse reported on their attendance at the following events or made the following comments: 1. 101 Project funding celebration event at San Ysidro bridge.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Rowse adjourned the meeting at 2:42 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on September 12, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Environmental Services Division, Sustainability & Resilience Department
SUBJECT: Grant Funding for Household Hazardous Waste Collection and Education [Resolution]
RECOMMENDATION:

That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Sustainability and Resilience Director to Execute all Necessary Documents and Submit an Application for Grant Funds from the California Department of Resources Recycling and Recovery for Efforts Related to the Collection and Education of Household Hazardous Waste.

DISCUSSION:

The California Department of Resources Recycling and Recovery (CalRecycle) is charged with ensuring that every local jurisdiction facilitates the safe collection and recycling of household hazardous waste (HHW). To achieve these goals, CalRecycle provides grant funding to local jurisdictions to implement safe HHW programs for collection, public education, source reduction, reuse, and recycling of HHW, such as batteries, propane gas cylinders, paints, and used oil.

Improper disposal of HHW in the trash or recycling containers can cause fires and safety issues in the waste collection, processing, and disposal system. There is a critical need for both more public education and HHW collection opportunities. Currently, the primary HHW collection facility for the City is located on the University of California, Santa Barbara campus. Convenience is often a determining factor in residential participation in HHW collection. Staff believe having more convenient options available for City residents, particularly in and around the downtown area, will significantly increase the proper disposal of HHW.

CalRecycle’s Small Project Grants program provide up to $50,000 in funding to projects that help establish and expand HHW collection programs over a three-year period. The City of Santa Barbara has submitted an initial application that outlines a plan for collecting HHW through temporary events provided by MarBorg under our existing Agenda Item No. 4
File Code No. 630.12
Council Agenda Report
Grant Funding for Household Hazardous Waste Collection and Education [Resolution] September 12, 2023

Page 2 ends

Franchise Agreement. To be eligible for funding, the proposed resolution is needed by the upcoming application deadline on September 14, 2023.

BUDGET/FINANCIAL INFORMATION:

To meet the demand for convenient local disposal options, the City’s Franchise Agreement with MarBorg Industries requires MarBorg to fund $170,000 in HHW collection events annually. These events are qualifying expenditures for the grant award to offset City costs paid for these events through the hauler compensation.

The proposed resolution allows the Sustainability & Resilience Director to apply for and execute grant documents related to CalRecycle’s HHW grants. In the current round of funding, CalRecycle may award up to the maximum allotment of $50,000.

Once the final grant award is announced, staff will request that Council accepts and appropriates the grant award.

A copy of the grant application documents may be requested from the Sustainability & Resilience Department for public review; please contact us at [email protected] to request a copy.

PREPARED BY: Lorraine Cruz Carpenter, Environmental Services Manager SUBMITTED BY: Alelia Parenteau, Sustainability & Resilience Director APPROVED BY: City Administrator’s Office
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AUTHORIZING THE SUSTAINABILITY

AND RESILIENCE DIRECTOR TO EXECUTE ALL

NECESSARY DOCUMENTS AND SUBMIT AN

APPLICATION FOR GRANT FUNDS FROM THE

CALIFORNIA DEPARTMENT OF RESOURCES

RECYCLING AND RECOVERY FOR EFFORTS RELATED

TO THE COLLECTION AND EDUCATION OF HOUSEHOLD

HAZARDOUS WASTE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, Household Hazardous Waste Grant Program allows regional grant projects; and
WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that:

1. The Council of the City of Santa Barbara authorizes City of Santa Barbara to submit a Household Hazardous Waste Grant Program application.

2. The Sustainability and Resilience Director, or the Director’s designee, is authorized to execute on behalf of City of Santa Barbara all grant-related documents, including, but not limited to, applications, payment requests, agreements, and amendments necessary to secure grant funds and to implement the approved grant project.

3. The authorizations under this resolution are effective for 5 years from the date of adoption of this resolution.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Administration, Library
SUBJECT: Library Department Acceptance of Zip Books Grant [Resolution] RECOMMENDATION: That Council:

A. Accept a grant in the amount of $18,000 from the California State Library to provide access to additional books not already in the Library’s collection; 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 $18,000 Funded by the California State Library.

DISCUSSION:

The California State Library’s Zip Book program provides library users with speedy access to books that are otherwise not available through their local library, typically due to vendor availability or publication date. Through this program, any individual with a library card and residing within the Santa Barbara Public Library’s service area can request an item that the Library will then order through Amazon. The items are then shipped directly to the library user’s home. When finished, the library user returns the item to the Library and the Library determines whether to add it to their collection.

BUDGET/FINANCIAL INFORMATION:

By accepting this grant, the Library Department will increase revenue and expenditure appropriation of $18,000 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
Agenda Item No. 5
File Code No. 570.04
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 $18,000 FUNDED

BY THE CALIFORNIA STATE LIBRARY
WHEREAS, the City was awarded a grant in the amount of $18,000 from California State Library to provide access to additional books not already in the Library’s collection; 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 Zip Books grant funding in the amount of $18,000.

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 $18,000 in the Fiscal Year 2024 Library Miscellaneous Grants Fund.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Development Division, Airport Development
SUBJECT: Delegate Authority to Airport Director to Apply for and Execute Grants for Airport Infrastructure and Planning Programs [Resolution] RECOMMENDATION:

That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Airport Director to Apply for and Execute Grants and Other Transactional Documents for Collaboration on or Participation in Airport Infrastructure and Planning Programs.

DISCUSSION:

The Airport Department works with the Federal Aviation Administration (FAA) to apply for and participate in programs that provide funds and other incentives for Airport Planning and Design, Maintenance and Repairs, and Development. The Airport also collaborates work with other agencies that provide funds for airport resiliency planning projects such as the California Coastal Commission and the Coastal Conservancy.

Infrastructure and planning programs of this type are vital to sustaining the safety, comfort, and productivity of the Santa Barbara Airport. Examples of these types of programs are the Pavement Management Program and Master Plan Design Update. The Pavement Management Program is vital to ensuring a safe environment by regularly inspecting, maintaining, and repairing airport runways, taxiways, and apron pavements to sustain sufficient PCI (Pavement Condition Index). Similarly, the Airport Master Plan is a vital airport program as it overviews airport development and planning over several years, including pavement management, terminal improvements, and runway and taxiway improvements. State agency funded planning projects include the Sea-level Rise Adaption Plan and Management of the Goleta Slough Management Committee.

To simplify the grant agreement process for these types of programs, the subject resolution delegates authority to the Airport Director to apply for and execute grants for City participation in and collaboration on airport programs provided that the grants are for five years or less and have been reviewed by the City Attorney.

Agenda Item No. 6
File Code No. 560.09
Council Agenda Report
Delegate Authority to Airport Director to Apply for and Execute Grants for Airport Infrastructure and Planning Programs [Resolution]
September 12, 2023

Page 2 ends

Rev 063022
BUDGET/FINANCIAL INFORMATION:

The resolution delegates authority to the Airport Director to apply for and execute grants where the City’s cost of participation or partnership within the Airport Capital Improvement program or Airport Capital Fund, if any, is within budgeted appropriations of the Department. Any agreement that requires additional expenditure appropriation authority would still require Council approval.

PREPARED BY: Sara Iza, Airport Development Manager
SUBMITTED BY: Christopher Hastert, Airport Director
APPROVED BY: City Administrator’s Office
RESOLUTION NO. _____

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AUTHORIZING THE AIRPORT

DIRECTOR TO APPLY FOR AND EXECUTE GRANTS AND

OTHER TRANSACTIONAL DOCUMENTS FOR

COLLABORATION ON OR PARTICIPATION IN AIRPORT

INFRASTRUCTURE AND PLANNING PROGRAMS
WHEREAS, the City Council is committed to supporting a safe, comfortable, and productive environment at the Santa Barbara Airport and has established the Airport Department with the responsibility for supporting development and planning programs to sustain airport businesses and travelers; and
WHEREAS, the City Council desires to provide the Airport Director authority to partner with and participate in incentives for infrastructure and planning programs by applying for grants, and executing grant related transactional documents.

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

1. The Director of the Airport may apply for grants, execute grant applications, or other transactional grant related documents for participation in or partnering with incentive and other Airport planning and infrastructure programs, sponsored, or authorized by the Federal Aviation Administration and any other grantor.

2. The authority granted by this resolution is subject to the following limitations:
a. The agreement or other transaction document must be approved as to form by the City Attorney;
b. The City’s cost of participation or partnership of the program, if any, must be within the available budgeted appropriations for the Airport; and c. The duration of the contract may not exceed five years, unless the contract is exempt from Charter Sections 521 as being for the furnishing or acquisition of products, commodities, or services of a public utility.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Parks Division, Parks and Recreation Department
SUBJECT: Acceptance of Douglas Family Preserve Endowment Funds from the Parks and Recreation Community Foundation Douglas Family Preserve Endowment [Resolution]
RECOMMENDATION:

That Council:

DISCUSSION:

In March 1997, the Parks and Recreation Community (PARC) Foundation established a permanent endowment fund for the Douglas Family Preserve. The Trust for Public Land and Small Wilderness Preserve contributed $246,000 to establish the endowment fund, and philanthropist Pierre Claeyssens provided $250,000 in matching funds. The PARC Foundation accepted fiduciary responsibility for the endowment fund, invested the entire amount with a local investment firm, and established a policy to retain and invest all assets and future contributions as principal in perpetuity and maintain a fund balance of $500,000. The annual earned interest income from the endowment fund would be available to support the preservation and maintenance of the Preserve. On April 19, 2023, the PARC Board of Directors approved the distribution of $55,000 to the City of Santa Barbara Parks and Recreation Department for park maintenance activities.

Agenda Item No. 7
File Code No. 570.05
Council Agenda Report
Acceptance of Douglas Family Preserve Endowment Funds from the Parks and Recreation Community Foundation Douglas Family Preserve Endowment Distribution [Resolution]
September 12, 2023

Page 2 ends

Douglas Family Preserve Maintenance with Endowment Funds The Douglas Family Preserve Management Plan guides maintenance of the Douglas Family Preserve. Since it is an open space park, tree care and vegetation management are the primary focus of the Parks and Recreation Department’s regular maintenance.

The endowment funds will allow for the removal of approximately 30 standing dead trees along the bluff trail, and a nesting bird survey associated with the proposed work. Due to years of prolonged drought, large numbers of both blue gum eucalyptus and Monterey cypress along the bluff have either died or declined, requiring removal. The standing dead trees are a hazard and are unstable in their current state.

In addition to the removals, pruning of other trees with large amounts of deadwood, especially in areas where pedestrians frequent and other trees requiring significant pruning will occur.

BUDGET/FINANCIAL INFORMATION:

On April 19, 2023, the PARC Board of Directors approved the distribution of $55,000 for park maintenance activities. The $55,000 endowment distribution will provide funding to hire a tree care company to perform the work in the fall/winter of 2023.

SUSTAINABILITY IMPACT:

The goal of vegetation management in City open space parks is to reduce risk to public users, while avoiding disruption of the natural ecosystem. The Douglas Family Preserve is an open space park, and therefore vegetation management consists of less pruning and grooming as compared to developed park sites within the City. Vegetation management efforts are targeted at hazardous deadwood and high-fire risk invasive species to foster the growth of native trees and other native vegetation. Vegetation management is also performed outside of the nesting bird season to the greatest extent feasible; if work must be done within the nesting season, a nesting bird survey is performed ahead of work activities. Selective removal of standing deadwood, as proposed for this project, both reduces the risk of wildfire and improves the health and resilience of existing native vegetation communities within the Preserve.

PREPARED BY: Nathan Slack, Urban Forest Superintendent
SUBMITTED BY: Jill E. Zachary, Parks and Recreation 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 INCREASE REVENUE AND
EXPENDITURE APPROPRIATIONS BY $55,000 IN

THE PARKS AND RECREATION DEPARTMENT
FISCAL YEAR 2024 MISCELLANEOUS GRANTS

FUND FOR THE MAINTENANCE OF THE DOUGLAS
FAMILY PRESERVE.

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. That Council approves of the increase in revenue and appropriation of the amount of $55,000 in the Fiscal Year 2024 Parks and Recreation Department Miscellaneous Grant Fund.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Engineering and Downtown Team Divisions, Public Works Department SUBJECT: Design Services for the Cliff Drive Coastal Bike Route Gap Closure and Pedestrian Safety Improvements Project [Resolution; Agreement] RECOMMENDATION: That Council:

A. Authorize the Public Works Director to execute a City Professional Services contract with Mark Thomas & Company, Inc., in the amount of $2,885,377 for design services of the Cliff Drive Urban Highway to Complete Street Transformation Project and authorize expenditures up to $288,538 for potential extra services, for a total expenditure authority of $3,173,915; 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 Funds for the Design of the Cliff Drive Urban Highway to Complete Street Transformation Project.

DISCUSSION:

Background
Cliff Drive (formerly State Route 225) is a wide, high speed urban highway through the Mesa neighborhood. In 2018, Cliff Drive was designated as a high priority corridor under the Council-adopted Vision Zero Strategy due to the frequency of severe and fatal collisions. The corridor is also the final gap in the regional Coastal Bike Route, a 30-milelong route from the University of California, Santa Barbara to Ventura County.

In 2022, the City of Santa Barbara (City) applied for and was successfully awarded an Active Transportation Program (ATP) Grant for the design and construction of the Cliff Drive Urban Highway to Complete Street Transformation Project (Project).

Project Description
The Project includes connections to three adjacent elementary schools, Santa Barbara City College (SBCC), parks, and neighborhood-serving retail. The Project consists of constructing a 3.1-mile-long separated path from Arroyo Burro County Park to Castillo Agenda Item No. 8
File Code No. 530.04
Council Agenda Report
Design Services for the Cliff Drive Coastal Bike Route Gap Closure and Pedestrian Safety Improvements Project [Resolution; Agreement] September 12, 2023

Page 2 ends

Street. In addition to the new path, the Project includes the following pedestrian infrastructure enhancements:
 11 new crosswalks, safety enhancements to 4 existing crosswalks, and 3 new traffic signals along Cliff Drive;
 Safety features at crossings, including curb extensions, median refuge islands, Rectangular Rapid Flashing Beacons, safety lighting, and high visibility crosswalk markings;
 A new crosswalk at Cliff Drive and Salida Del Sol for improved coastal access and safe walking route to Washington School;
 A wider sidewalk on Flora Vista Drive between Cliff Drive and Red Rose Way, curb extensions at the Flora Vista Drive / Red Rose Way intersection, and sidewalk infill on Red Rose Way between Fellowship Road and Flora Vista Drive to improve safety for students who walk or bike to Monroe Elementary School; and  A wider sidewalk along Loma Alta Drive to improve connectivity between McKinley Elementary School and the new path on Cliff Drive.

Design Phase Consultant Engineering Services
Staff recommends that Council authorize the Public Works Director to execute a contract with Mark Thomas & Company, Inc., (Mark Thomas) in the amount of $2,885,377 for design services and authorize expenditures up to $288,538 for potential extra services, for a total expenditure authority of $3,173,915. Mark Thomas is experienced in this type of work and was selected as part of a Request for Qualifications selection process that included a written statement of qualifications and interviews with three qualified firms.

Community Outreach
Community engagement for safety enhancements along this corridor is documented in the 2006 Pedestrian Master Plan, grassroots efforts advocating for relinquishment of State Route 225 to the City (early 2000’s to 2012), the 2016 Bicycle Master Plan, and Project-specific engagement from 2018 to the present. The Project features are now very well-defined as a result of previous public engagement. Additional engagement and community meetings will take place during environmental review and prior to final design.

Outreach will include a kick-off design workshop and follow-up workshops showing detailed renderings. Stakeholder groups, including SBCC, will also be engaged throughout the Project’s phases. Future meetings will continue to be both virtual and at accessible public facilities to maximize community participation.

MoveSBC will assist City staff with grant funded community and elementary school events, including standard rules of the road for all users, safety education, bike rodeos, and neighborhood rides and walks for the new facility once it is constructed.

BUDGET/FINANCIAL INFORMATION:

The Project is primarily funded by an ATP Grant, with the City match funded by the Measure C Capital Fund. With the proposed allocation of Measure C Capital Funds and the previously appropriated ATP Grant funds, there will be sufficient expenditure Council Agenda Report
Design Services for the Cliff Drive Coastal Bike Route Gap Closure and Pedestrian Safety Improvements Project [Resolution; Agreement] September 12, 2023

Page 3 ends

appropriations to cover the cost of this phase of the Project, including the proposed contract, and extra services, with Mark Thomas. Future appropriation recommendations will fund the remaining Project phases.

The following summarizes all projected Project costs:

ESTIMATED TOTAL PROJECT COST
*Cents have been rounded to the nearest dollar in this table.

ATP
GRANT
CITY
SHARE
TOTAL
City Design Cost $53,925 $980,000 $1,033,925
Consultant Design Cost (Mark Thomas) $3,050,075 $0 $3,050,075 Design Subtotal $3,104,000 $980,000 $4,084,000
Construction Contract $18,350,955 $5,820,000 $24,170,955 Construction Change Order Allowance $1,835,095 0 $1,835,095 Subtotal $20,186,050 $5,820,000 $26,006,050
Construction Management (by City Staff) $910,221 $0 $910,221 Construction Management/Inspection (by
Consultant)
$2,866,889 $0 $2,866,889
Consultant Design Support (Mark
Thomas)
$123,840 $0 $123,840
Post Construction Safety Education $68,000 $0 $68,000
Subtotal $3,968,950 $0 $3,968,950
Construction Subtotal $24,155,000 $5,820,000 $29,975,000 TOTAL PROJECT COST $27,259,000 $6,800,000 $34,059,000
A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].

ENVIRONMENTAL REVIEW:

This Project requires California Environmental Quality Act compliance and environmental permitting. Environmental review and documentation will be conducted during the design phase and finalized upon award of the Project’s construction contract. The required environmental permits will be secured prior to the commencement of construction.

Council Agenda Report
Design Services for the Cliff Drive Coastal Bike Route Gap Closure and Pedestrian Safety Improvements Project [Resolution; Agreement] September 12, 2023

Page 4 ends

ATTACHMENT(S): Project Location Map
PREPARED BY: Brian D’Amour, P.E., City Engineer/ANF/sk
Brian Bosse, Public Works Manager/JWG
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
144 144 192 192 192 154 101 STATE STREET

ROAD POSITAS LAS

FOOTHILL ROAD

CARRILLO STREET STATE STREET

CLIFF DRIVE

CABRILLO BOULEVARD
ROAD

POSITAS LAS

MISSION STREET

GARDEN STREET MILPAS STREET
CASTILLO STREET101 101 101 101 101 101 101 101 101 101 ARROYO BURRO COUNTY PARK LOCATION MAP Cliff Drive: Urban Highway to Complete Street Transformation Project VICINITY MAP PROJECT LIMITS NTS CITY OF SANTA BARBARA CITY LIMITS SCHOOL PROJECT MAP SCALE: 1" = 3000' Att # 1 Part A-2 Location Map Cliff Drive Complete Street Project Location (3.1 Mile Long Multiuse Path and 11 New Crosswalks)

ATTACHMENT
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 DESIGN OF THE CLIFF

DRIVE URBAN HIGHWAY TO COMPLETE STREET

TRANSFORMATION 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 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:

The Council approves the allocation of available expenditure appropriations in the Overlays Project in the Measure C Capital Fund in the amount of $980,000 to the Cliff Drive Urban Highway to Complete Street Transformation Project for project design.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Administration Division, Parks and Recreation Department SUBJECT: Contract Amendment with RRM Design Group for the Chase Palm Park Arbor Project [Agreement]
RECOMMENDATION:

That Council authorize the Parks and Recreation Director to execute a first amendment to contract #26,919 with RRM Design Group in the amount of $23,125 for design services and construction administration for the Chase Palm Park Arbor Project.

DISCUSSION:

Project Description
The Chase Palm Park Arbor Project will redesign the patio adjacent to Casa Las Palmas to achieve integration of a new arbor/pergola structure, accessibility upgrades, renovation of the snack bar building, new fencing, lighting, and landscaping upgrades. The accessibility improvements will provide access to and around the patio of Casa Las Palmas, as well as the adjacent public restroom and small parking area. The addition of the arbor/pergola structure will greatly enhance outdoor activities on the existing patio by providing shade.

Project Status
The Historic Landmarks Commission approved the Project in February 2023. Plan check corrections are currently underway by the Building Division and construction is expected to commence in Fall 2023.

Contract Amendment
On May 25, 2021, Council authorized a professional services agreement with RRM Design in the amount of $101,419 to provide architectural design services for the Project.

Agenda Item No. 9
File Code No. 570.05
Council Agenda Report
Contract Amendment with RRM Design for the Chase Palm Park Arbor Project [Agreement] September 12, 2023

Page 2 ends

The purpose of the contract amendment is to expand the scope of work to include an additional architectural design task, as well as to secure construction administration services for the Project. The contract increase is for $23,125, which brings the total contract amount to $124,544.

BUDGET/FINANCIAL INFORMATION:

There are sufficient expenditure appropriations in the General Fund Capital 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, as well upgrading accessibility at the City facility.

A copy of the agreement may be requested from the Parks and Recreation Department for public review by contacting Courtney Carlson 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: September 12, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Design Services for the Gibraltar Dam Spillway Concrete Resurfacing Project [Agreement]
RECOMMENDATION:

That Council authorize the Public Works Director to execute a City Professional Services Agreement with GEI Consultants, Inc., in the amount of $139,400 for design services for the Gibraltar Dam Spillway Concrete Resurfacing Project, and $13,940 for potential extra services, for a total expenditure authority of $153,340.

DISCUSSION:

Background
Gibraltar Dam was constructed in 1920 on the Santa Ynez River to serve water via the Mission Tunnel in the Santa Ynez Mountains. The dam is owned and operated by the City of Santa Barbara (City) and is regulated by the California Department of Water Resources, Division of Dam Safety (DSOD). The DSOD provides oversight of the design, construction, and maintenance of over 1,200 dams within California to ensure dam safety.

In 2019, the City conducted and submitted a DSOD-required condition assessment of the Gibraltar Dam concrete spillway, which included a list of recommendations for maintaining the safe operation of the spillway structure. Gibraltar Dam’s spillway is critical to dam operations and allows the safe passage of water and debris over the dam during peak water flows, such as during storm events. In November 2022, the DSOD provided its review of the City’s spillway assessment and highlighted several recommendations to be addressed within the next five years. Specifically, the DSOD identified resurfacing the spillway’s 1922-era concrete as a high-priority project, requiring the City to submit a plan and schedule to implement the project by December 31, 2023. The DSOD requires that the repairs then be implemented within five years.

Project Description
The Gibraltar Dam Spillway Concrete Resurfacing Project (Project) will design, resurface, and repair areas of 1922-era concrete along Gibraltar Dam’s four spillway bays. These Agenda Item No. 10
File Code No. 540.09
Council Agenda Report
Design Services for the Gibraltar Dam Spillway Concrete Resurfacing Project [Agreement] September 12, 2023

Page 2 ends

concrete surfaces have endured 100+ years of abrasion and spalling from peak flows and storm events, necessitating resurfacing and repair work. The initial design will include a geotechnical investigation of the spillway, including concrete coring, testing, and evaluation, to inform and develop a package of bid-ready drawings and specifications for Project construction. The results of the geotechnical investigation will also be submitted to the DSOD for review.

Current Status
The Project is currently in the planning phase. Planning and design phase work is expected to take approximately six months, with the award of a construction contract expected in the fall of 2024. Onsite construction would take place after the contract award for a duration of approximately two months.

Design Services
Staff recommends that Council authorize the Public Works Director to execute a contract with GEI Consultants, Inc., (GEI) in the amount of $139,400 for geotechnical investigation and design services, and authorize $13,940 for potential extra services, for a total expenditure authority of $153,340.

GEI was previously selected by the City through a competitive Request for Proposal process to develop the Gibraltar Dam Spillway Conditions Assessment Report for submittal to the DSOD in 2019. GEI has extensive knowledge of dam design and construction, including specific local knowledge of City infrastructure that makes them uniquely qualified for this Project. In addition, GEI’s expertise with spillway repairs and their understanding of DSOD requirements make them qualified to provide these services. GEI is capable and available to meet the DSOD required deadline of submitting a preliminary Project plan by December 31, 2023. GEI’s costs are reasonable for this scope of work.

BUDGET/FINANCIAL INFORMATION:

There are sufficient expenditure appropriations in the Distribution Reservoir Maintenance Project in the Water Capital Fund in Fiscal Year 2024 to cover the Project’s design costs, including the proposed contract and extra services with GEI, and City staff costs.

Construction costs will be budgeted in a future fiscal year.

ESTIMATED TOTAL PROJECT COST
*Cents have been rounded to the nearest dollar in this table.

Council Agenda Report
Design Services for the Gibraltar Dam Spillway Concrete Resurfacing Project [Agreement] September 12, 2023

Page 3 ends

Design Contract (GEI) $139,400
Potential Extra Services for Design Contract $13,940
City Staff Costs - Design $25,000
Estimated Construction Contract Plus Change Order (future fiscal year)
$1,540,000
Estimated other Construction Costs (Construction Management, Design Support, Inspection, City Staff, etc.) (future fiscal year) $154,000
TOTAL PROJECT COST $ 1,872,340
A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].

ENVIRONMENTAL REVIEW:

PREPARED BY: Brian D’Amour, P.E., City Engineer/KB/rl
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

CITY OF SANTABARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Housing and Human Services Division, Community Development Department
SUBJECT: Housing Rehabilitation Loan Program Grant for $540,000 to the Housing Authority of the City of Santa Barbara for Property Located at 175 S. La Cumbre Lane
RECOMMENDATION: That Council:

DISCUSSION:

Background
The Santa Barbara Affordable Housing Group, an instrumentality of the Housing Authority of the City of Santa Barbara (Housing Authority), owns the subject property and has submitted a request for $540,000 to perform needed work to ensure sustainability of the units in the City’s affordable housing stock.

The subject property is a former federal Public Housing project that has capital improvement needs. It was taken through the Section 18 disposition process in 2013. As such, the property is encumbered with a HUD restricted use agreement requiring that only Low-Income residents at acceptable rents are permitted to occupy these units.

Built in 1983 on 1.5 acres, the two-story building needs repairs and improvements to remain in good condition. The property provides a total of 36 one-bedroom apartments of Agenda Item No. 11
File Code No. 660.01
Council Agenda Report
Housing Rehabilitation Loan Program Grant for $540,000 to the Housing Authority of the City of Santa Barbara for Property Located at 175 S. La Cumbre Lane September 12, 2023

Page 2 ends

affordable housing to Low-Income senior households earning 80 percent or less of area median income (AMI), which entitles the project to use CDBG funding.

In 2022, this same property received $293,939 from the City’s CDBG HRLP program for a roof and gutter replacement.

Scope of Work
The project’s scope of work will include the repair/replacement of lumber and deck surfacing on balconies and patios. The work will also repair railings, deck surfacing, and flashing in the complex’s balconies and patios. Old, deteriorated lumber will be removed, new lumber, flashing, and deck material will be installed and painted.

It is anticipated that the upstairs balconies along with other fencing and deck repair work will be completed within the HRLP grant amount. The Housing Authority has committed to covering any additional costs.

City Policy
In April 2007, City Council granted authority to the Loan Committee to approve loans and grants to nonprofit housing providers totaling up to $60,000 per unit and $360,000 per project. The City has previously provided $293,939 in CDBG HRLP grant funding to this Property. The additional $540,000 request will bring the total grant funding to $833,939, which exceeds the Loan Committee’s threshold for approval and requires the City Council’s approval. Despite the total, the per-unit cost remains low for this Property at approximately $23,165 per unit.

Affordability
The City’s HRLP CDBG funding does not require placement of a City affordability control covenant as a condition of the grant funding; however, because the Property is a former Public Housing project under Section 19 disposition requirements, it has a recorded use agreement to meet Section 8 project-based vouchers rules (80 percent AMI or less) for a minimum of 30 years from disposition date (2013), which is until 2043.

Staff Recommendation
Staff recommends approval of the requested $540,000 grant because the rehabilitation work will extend the useful life of the Property, which will in turn continue to provide much needed affordable senior housing to the community. In addition, there are sufficient CDBG funds available for this request, and the project will help the City meet the federal grant expenditure timeliness requirements for the use of CDBG funds.

Council Agenda Report
Housing Rehabilitation Loan Program Grant for $540,000 to the Housing Authority of the City of Santa Barbara for Property Located at 175 S. La Cumbre Lane September 12, 2023

Page 3 ends

BUDGET/FINANCIAL INFORMATION:

There are sufficient funds available for this project in the CDBG Housing Rehabilitation Loan Program (HRLP) Fund. If approved, the City will provide $540,000 in grant funding.

This will leave an HRLP balance in the CDBG Fund of approximately $170,000 for future projects.

ATTACHMENT: Housing Authority Request for Grant of CDBG Funds Letter PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’sOffice
August 8, 2023
Ms. Laura Dubbels
Housing and Human Services Manager
City of Santa Barbara Community Development
630 Garden Street.

Santa Barbara, CA 93101
RE: REQUEST FOR GRANT OF CDBG FUNDS FOR BALCONY/PATIO REPAIRS AT VISTA LA CUMBRE SENIOR APARTMENTS Dear Laura:

The Housing Authority is requesting the grant of CDBG funds in the total amount of $540,000 for the repair/ replacement of lumber and deck surfacing on balconies and patios at one the Housing Authority’s low-income senior apartment complexes. This complex is owned by Santa Barbara Affordable Housing Group, an instrumentality of the Housing Authority of the City of Santa Barbara.

This property is located at 175 South La Cumbre Lane and was built in 1983. Originally built as federally funded Public Housing, it was taken through the Section 18 disposition process in 2013. As such, the property is encumbered with a HUD restricted use agreement which requires that only low-income residents at acceptable rents are permitted to occupy these units. The single two-story building sits on a site of 1.5 acres. It contains 36 one-bedroom apartments for seniors. In 2022, this same property had a roof and gutter replacement completed via funding through the City’s CDBG program. The new scope of work will address deterioration in railings, deck surfacing and flashing in the complex’s balconies and patios. Old deteriorated lumber would be removed, new lumber, flashing and deck material would be installed, and the work would be re-painted.

The cost of the project is estimated at $540,000. The Housing Authority recently did a similar balcony and patio repair project at another senior apartment complex, Presidio Springs. Based on our experience with that other project, we estimate that the cost for the upstairs balcony replacements will average approximately $25,000 per unit. The requested grant amount is anticipated to cover all of the upstairs balconies along with other fencing and deck repair work that will be needed. It is impossible to be certain how much of the lumber is actually deteriorated until it is opened up. To the extent that the cost comes in higher than the requested amount, the Housing Authority will cover the difference.

Thank you for your consideration of this grant request. Please let me know if you have any questions.

Sincerely,
Dale Fathe-Aazam
Director of Real Estate and Technology
cc: Rob Fredericks
Skip Szymanski
Clarissa Montenegro
Tracey Taylor

ATTACHMENT

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Energy and Climate Division, Sustainability & Resilience Department SUBJECT: Santa Barbara Clean Energy 2022 Power Content Label Attestation RECOMMENDATION:

That Council approve the attestation specified under California’s Power Source Disclosure Program, which requires the governing Council of a public agency providing retail electric service to endorse the accuracy of each annual report and power content label, as submitted to the California Energy Commission, for the previous year.

DISCUSSION:

California Public Utilities Code requires all retail sellers of electric energy, including SBCE, to disclose “accurate, reliable, and simple-to-understand information on sources of energy” that are delivered to their respective customers via an annual Power Content Label (PCL). The PCL is analogous to a nutrition label, conveying information regarding the various power sources/products that are procured on behalf of each retail electricity customer. Each of California’s retail electricity sellers, including SBCE, will have unique PCLs based on internally adopted procurement policies, statutory procurement mandates, and related power purchases that were completed during the reporting year.

The PCL format is highly prescriptive, offering little flexibility to retail sellers when presenting such information to customers – the California Energy Commission (CEC) administers these requirements under California’s Power Source Disclosure (PSD) Program. Information presented in each PCL includes the proportionate share of total energy supply related to specific fuel sources/resource categories, including both renewable and conventional generating technologies.

An emission factor for each retail service offering, as calculated using the CEC’s prescribed methodology, is also provided in the PCL. If a retail seller procures a certain percentage of its energy requirements from the market at large (meaning, sources of power that cannot be traced back to a specific generator), the PCL must identify such purchases as “unspecified sources of power”. It is very common for most retail electricity sellers to utilize “unspecified power.”
Agenda Item No. 12
Council Agenda Report
Santa Barbara Clean Energy 2022 Power Content Label Attestation September 12, 2023

Page 2 ends

In accordance with statewide mandates and internally adopted planning targets, SBCE procured a substantial portion of its electric energy supply from generating resources utilizing various renewable fuel sources in 2022. Renewable fuel sources may include biomass & waste, hydroelectricity, solar, geothermal and wind. For SBCE Green Start customers, 50.0% of total energy supply was sourced from bundled California Renewables Portfolio Standard-eligible (RPS) renewable energy resources. For SBCE 100% Green customers, 50.2% of total energy supply was sourced from bundled California RPS-eligible renewable energy resources, with the remaining 49.8% sourced from carbon-free large hydroelectric sources.

Consistent with applicable regulations, all customers currently enrolled in the SBCE program will receive the PCL via U.S. mail prior to the end of calendar year 2023.

To fulfill its PSD Program reporting obligations for 2022, SBCE as a public agency, must provide the CEC with the City Council’s attestation regarding the accuracy of information included in each annual Power Source Disclosure Report (submitted to the CEC earlier in 2023, according to the applicable reporting deadline) and PCL, consistent with the following element of PSD Program regulations.

A retail supplier that is a public agency providing electric services is not required to comply with the provisions of subdivision (a)(1) if the board of directors of the public agency submits to the Energy Commission an attestation of the veracity of each annual report and power content label for the previous year.

In the following excerpt from appliable regulations, subdivision (a)(1) refers to a third-party audit, which is not necessary for public agencies, including the City.

While developing SBCE’s PCL, California Choice Energy Authority (CalChoice) and its technical consultants performed a detailed review of all power purchases completed for the 2022 calendar year. The review performed by CalChoice and its technical consultants found no inaccuracies or inconsistencies in such information, which was subsequently entered in SBCE’s annual Power Source Disclosure reports and PCL. To fulfill its attestation requirements for 2022, Council is being asked to provide an attestation covering both the PCL and associated Annual Reports, as specified in the excerpt above – both elements of the PSD Program reflect information that was consistently and accurately presented for the SBCE Community Choice Aggregation Program.

Upon approval, a copy of this staff report and related meeting minutes will be forwarded to the CEC, thereby completing SBCE’s attestation requirements under California’s Power Source Disclosure Program for the 2022 calendar year.

BUDGET/FINANCIAL INFORMATION:

The cost to prepare and mail the required PCL mailers is included in the FY2023 budget expenditure appropriations in the Clean Energy Fund. There is no other financial implication relating to this effort.

Council Agenda Report
Santa Barbara Clean Energy 2022 Power Content Label Attestation September 12, 2023

Page 3 ends

ENVIRONMENTAL REVIEW:

The recommendations in this report are not subject to the California Environmental Quality Act.

ATTACHMENTS:

1. SBCE 2022 Power Content Label

2. SBCE Green Start 2022 PSD Annual Report

3. SBCE 100% Green 2022 PSD Annual Report
PREPARED BY: Alelia Parenteau, Sustainability and Resilience Director SUBMITTED BY: Alelia Parenteau, Sustainability and Resilience Director APPROVED BY: City Administrator’s Office
2022 POWER CONTENT LABEL
Santa Barbara Clean Energy
https://www.sbcleanenergy.com/
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources
2022 SBCE
100% Green
Power Mix
2022 SBCE
Green Start
Power Mix
2022 CA
Power Mix
Eligible Renewable1 50.2% 50.0% 35.8%
Biomass & Biowaste 0.0% 0.0% 2.1%
0 472 422 Geothermal 0.0% 0.0% 4.7%
Eligible Hydroelectric 14.5% 0.0% 1.1%
Solar 15.3% 0.0% 17.0%
Wind 20.4% 50.0% 10.8%
Coal 0.0% 0.0% 2.1%
Large Hydroelectric 49.8% 0.0% 9.2%
Natural Gas 0.0% 0.0% 36.4%
Nuclear 0.0% 0.0% 9.2%
Other 0.0% 0.0% 0.1%
Unspecified Power2 0.0% 50.0% 7.1%
TOTAL 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3: 0% 0% 1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2 Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3
Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.

For specific information about this electricity
portfolio, contact:

Santa Barbara Clean Energy
1 (805) 897-1979
For general information about the Power Content
Label, visit:
https://www.energy.ca.gov/programs-andtopics/programs/power-source-disclosure-program 2022 SBCE Green
Start Power Mix
2022 SBCE 100%
Green Power Mix
2022 CA Utility
Average
0 200
400
600
800
1000
2022 SBCE 100%
Green Power Mix
2022 SBCE Green
Start Power Mix
2022 CA Utility
Average
ATTACHMENT 1
Version: April 2023
34,555
17,278
17,277
-
-
-
17,278
7,394

0.2140

DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions (in
MT CO2e) N/A
Cape Scott Wind - Cape Scott Wind Wind BC W3959 60600A P149 7196 - 7,196 7,196 - - Dokie Wind - Dokie Wind Wind BC W1992 61360A P150 5835 - 5,835 5,835 - - Meikle Wind - Meikle Wind Wind BC W5189 63268A P151 4247 - 4,247 4,247 - - - - #N/A

FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A

SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A

PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- #N/A
- #N/A
- #N/A
- #N/A
END USES OTHER THAN RETAIL SALES MWh
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2022
Santa Barbara Clean Energy
Green Start
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.

Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.

ATTACHMENT 2
Version: April 2023
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 142,633 50.2%
Biomass & Biowaste - 0.0%
Geothermal - 0.0%
Eligible Hydroelectric 41,247 14.5%
Solar 43,492 15.3%
Wind 57,894 20.4%
Coal - 0.0%
Large Hydroelectric 141,224 49.8%
Natural gas - 0.0%
Nuclear - 0.0%
Other - 0.0%
Unspecified Power 0 0.0%
Total 283,857 100.0%
283,857
0 0.0%
Total Retail Sales (MWh)
GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2022
Santa Barbara Clean Energy
100 % Green
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.

ATTACHMENT 3

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Administration Division, Parks and Recreation Department SUBJECT: Best Interest Waiver for Trail System Services for Phase 2 of the Parma Park Sustainable Trails Project
RECOMMENDATION:

That Council approve a Best Interest Waiver under Santa Barbara Municipal Code §4.52.070, subdivision L authorizing the General Services Manager to issue a Purchase Order in the amount of $167,400 to Sage Trail Alliance for Phase II of the Sustainable Trails Project.

DISCUSSION:

Parma Park was gifted to the City of Santa Barbara by Harold and John A. Agnes and Mary Margaret Ambrose Parma in 1973 as a public open space for hiking and equestrian pursuits. In 2002, the Parma Family Trust set up an endowment fund for the ongoing maintenance of the park. Many of the trails in the park are old cattle trails and access points for the former Parma Ranch. Others were developed after the property became a public park. Today, the Parks and Recreation Department (Department) manages the 200-acre park, including trail maintenance, habitat restoration, and preventative vegetation management.

The Parma Park Sustainable Trails Project (Project) aims to improve and expand the trail system within one of Santa Barbara’s largest open space parks. The Project was initiated in 2017. The Project build out plan is based on a thorough assessment of trail conditions, resulting in a detailed trail improvement plan. As part of the Project, approximately 4.1 miles of existing trails will be improved to provide safer conditions for users. This work includes reducing grade, increasing width, and updating water diversion features to prevent trail erosion. Another 2.7 miles of trails will be added or realigned to provide gentler alternate routes with less incline. New trails will also provide access to additional sections of the park with featured viewpoints, including a new historic olive grove loop, and improved access to the western Plateau trail system.

Agenda Item No. 13
File Code No. 570.05
Council Agenda Report
Best Interest Waiver for Trail System Services for Phase 2 of the Parma Park Sustainable Trails Project
September 12, 2023

Page 2 ends

The Project has three phases. Phase 1, completed in May 2023, focused on the western portion of the park. Phase 2 will focus on trail work including brushing on the eastern portion of the park, and will begin in late 2023. Phase 3 will focus on revegetation and habitat restoration in select locations throughout the park. Land preparation, seed germination, and invasive removal has begun for Phase 3.

Best Interest Waiver
Under Municipal Code §4.52.070, subdivision L, the City Council may authorize the purchase of equipment, supplies and general services without competitive bidding when the Council determines it to be in the best interest of the City. The Department recommends that Council authorize a Best Interest Waiver of formal bidding to Sage Trail Alliance for the following reasons:

1. Sage Trail Alliance was the successful bidder on Phase 1 of the Sustainable Trails Project, with a Phase 1 price of $96,000. The other three bid responders priced Phase 1 of the Project at $143,420.00, $210,882.17, and $230,000.00. Phase 1 was completed on time and within budget. The Department is confident that the quoted Phase 2 price received from Sage Trail Alliance is fair and competitive for the associated scope of work.

2. Sage Trail Alliance is a trails specialist contractor; the other three bid responders to Phase 1 of the Project were general contractors, with limited trail-specific construction experience.

3. In addition to construction of Phase 1 of the Sustainable Trail Project, Sage Trail Alliance has performed numerous trail maintenance events at Parma Park, and is therefore familiar with the site, vegetation, and soil conditions. Sage Trail Alliance performed three trail maintenance events at Parma Park in Fiscal Year 2023, separate from Phase 1 of the Sustainable Trails Project.

4. The Sustainable Trails Project is subject to various environmental restrictions and Best Management Practices (BMPs). Sage Trail Alliance worked in complete compliance with restrictions regarding active bird nests, oak tree critical root zones, soil stabilization, erosion, and sediment control during Phase 1 work.

5. The proposed approach, tools, and equipment, planned for use by Sage Trail Alliance are like that of Phase 1, which gives the Department confidence in the successful execution of the Project, and resulting continuity between Phase 1 and Phase 2 areas at Project completion.

6. Sage Trail Alliance can provide the requested scale of work in the required timeframe.

Council Agenda Report
Best Interest Waiver for Trail System Services for Phase 2 of the Parma Park Sustainable Trails Project
September 12, 2023

Page 3 ends

BUDGET/FINANCIAL INFORMATION:

The total cost for Phase 2 of the Sustainable Trails Project is $167,400; $101,400 will be funded through the Parma Park Trust and $66,000 will be funded through the General Fund for costs associated with fire reduction efforts. The Department has received notice from CalFire of intent to award a grant for $2,889,902 for wildfire resiliency work. It is anticipated that a fully executed grant agreement will be in place by the time work begins, and the $66,000 funded through the General Fund will instead be covered by the CalFire grant.

SUSTAINABILITY IMPACT:

This Project will reduce soil erosion and resulting sedimentation in waterways caused by trails lacking sustainable design elements and water diversion features. Furthermore, this Project will support a comprehensive and sustainable approach to wildfire resiliency through trail brushing efforts; trails are considered at high risk for fire ignition due to concentrated human presence in wildland space.

ATTACHMENT: Sage Trail Alliance Proposal, Parma Park Sustainable Trails Project Phase 2.

PREPARED BY: Monique O’Conner, Associate Park Planner
SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office
Sage Trail Alliance
EIN 77-0342830
Entity: C1865895
CA CSLB Contractor: C-12 license (earthwork) - #1104377 DIR: PW-LR-1001094277
Parma Park Sustainable Trails Project Phase 2 Proposal:

This proposal, as prepared, is guaranteed by Dillon Osleger, Executive Director of Sage Trail Alliance to the City of Santa Barbara for the completion as described in the Parma Park Sustainable Trails Design Standards Report provided, for the second phase of the Parma Park Sustainable Trails Project. This cost estimate pertains specifically to work on trails within the park.

Task
Number
Description Price
1 Mobilization, Demobilization, Insurance, and Bonds $10,600 2 Supply & install fencing for trail closures; locations will move throughout Project
$9,800
3 Construction of approximately 6038 linear feet of new/realigned trail $28,000 4 Perform trail maintenance on approximately 10,852 linear feet of existing trail segments.
$36,800
5 Transition approximately 664 linear feet of old access road to trail $6,000 6 Block off and scarify decommissioned trails $8,000
7 24 labor hours towards trail delineation $2,200
8 Brushing for all aspects of project to be billed as line item $66,000 $167,400
Total: $167,400
Brush clearance: $66,000
Dirt work & associated cost: $101,400
Scope of Work: The construction of all new/realigned trail segments, maintenance on all existing trails to remain, and decommissioning of trails planed for retirement, in the Parma Park Sustainable Trails Project Phase 2 area. The Project shall be completed in accordance with the Parma Park Sustainable Trails design standard reports and environmental report Best Management Practices (BMPs), unless otherwise communicated and approved by the City.

Required Project Specifications and Best Management Practices (BMPs):

1. Site work shall occur Monday through Friday, between the hours of 7:00am and 5:00pm, unless prior written authorization is given by the City.

2. Phase 2 shall be completed within 90 calendar days of breaking ground and be 100% complete and closed out before the start of nesting bird season on February 15, 2024.

3. The City holds the right to adjust the Project buildout design due to changed on-site conditions.

4. Cut and fill will be balanced on site within trail corridors.

Total:

5. Trails throughout the Project site shall be graded to 3 feet wide; this distance shall not be exceeded or diminished without prior written authorization by the City, due to special circumstances.

6. The disturbance corridor for the Project is 10.5 feet, however, this disturbance corridor shall be utilized on an as-needed basis. This distance will be formally reduced at the discretion of the City and/or project biologist and/or project arborist to the minimum width required to construct the trail, when adjacent to sensitive resources.

7. BMPs including but not limited to drip trays, tarps, burlap wrapped fiber rolls, stakes, and sandbags shall be available in the staging area to utilize when needed/before predicted rainfall.

8. A preconstruction Environmental Awareness Training will be held by the City Open Space Planner for all project personnel at Project commencement.

9. All new/realigned trail shall be marked out by the Contractor using temporary biodegradable utility paint and/or flagging. The City shall verify the mark out and issue approval in writing that new/realigned trail segments are correctly placed prior to any dirt work.

10. The Contractor’s designated “Superintendent/Crew Lead” shall be onsite no less than 90% of the time. Crew lead replacements are subject to approval by the City Project Manager.

11. No healthy, mature, scenic trees or state/federally ranked sensitive plant species will be removed as part of the Project. Special status plants shall be preserved to the extent feasible.

12. All trees rated as a low, moderate, or high potential for impacts in the Final Parma Park Trails Arborist Report will have the following specific avoidance measured applied:
• Flagging or fencing will be erected to establish tree protection zones (TPZs); the City Open Space Planner will do this marking for the Contractor’s use. • Trail width/disturbance buffer will be reduced to the maximum extent feasible in areas adjacent to ranked trees (i.e. 3 feet) to increase TPZ square footage and reduce critical root zone (CRZ) encroachment; the City Open Space Planner and/or Project biologist/arborist will guide this trail width reduction where necessary, and Contractor will be expected to abide by communicated restrictions. • Contractor shall utilize modified construction techniques, such as the exclusion of heavy equipment and the use of hand tools, to the maximum extent feasible within CRZs to avoid or reduce grading and potential soil compaction. • Pruning and root management associated with trail construction/maintenance will comply with all Tree Protection Plan (TPP) specifications, as stated in the Final Parma Park Trails Arborist Report.
• As feasible, field changes to trail location will be pursued if determined by the City Open Space Planner and/or Project arborist to reduce CRZ encroachment and not result other potential habitat or species impacts.

13. Chain-linked fencing with a lock is required for staging. A covered waste bin and a lockable portable restroom with hand washing station are required to be housed in the staging area.

Contractor shall be responsible for waste/restroom/wash station servicing, and associated BMPs for Project duration.

Signed:

Dillon Osleger
08/18/2023

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Human Resources Department
SUBJECT: Approval of Benefits Administration Contract [Agreement] RECOMMENDATION:

That Council authorize the City Administrator to enter into an agreement with Benefit Coordinators Corporation for employee benefits administration services effective July 1, 2023.

DISCUSSION:

For the last three years, the City of Santa Barbara has contracted for Benefits Administration with Benefits Coordinators Corporation (BCC). Contract benefits administration includes on-going processing of benefits transactions for employees and retirees; weekly carrier eligibility file updates; monthly consolidated premium accounting; monthly carrier premium distribution and reporting; a web application site for employee and retiree plan elections and data history; and COBRA (continuation health insurance coverage) administration.

BCC not only provides the above services for a nominal fee but is the only benefits administrator currently working to enable their systems to pass medical eligibility files to CalPERS, hence reducing staff time for manual enrollment/disenrollment and payroll deduction processing in the future.

The contract with Benefit Coordinators Corporation (BCC) contains two main cost elements:
 A monthly fee of $6.34 per eligible employee (current count 789) – a total of $5,002.26/monthly estimated costs
 A monthly administration fee per medical enrolled employee per month of $0.75 The agreement term with Benefit Coordinators Corporation (BCC) is for two years, expiring on June 30, 2025.

Agenda Item No. 14
File Code No. 410.01
Council Agenda Report
Approval of Benefits Administration Contract [Agreement] September 12, 2023

Page 2 ends

BUDGET/FINANCIAL INFORMATION:

No additional expenditure appropriations are needed. Should there be cost for future open enrollment periods it will be included in the next year budget cycle.

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

PREPARED BY: Sam Ramirez, Labor Relations Manager
SUBMITTED BY: Wendy Levy, Human Resources Director
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Members of the City Council
FROM: Administration Division, Finance Department
SUBJECT: Reserve Policy Discussion and Direction [Ordinance Introduction; Resolution]
RECOMMENDATION: That Council:

DISCUSSION:

The establishment, adherence, and continuous monitoring of a reserve policy is a local government best practice. The City strategically leveraged reserves in recent years to be able to respond to local fires and other disasters, impacts from COVID, and other annual budget fluctuations in order to sustain operations and continue to provide services to the public. The City’s reserve policy sets reserve amounts for disaster and contingency reserves as well as laying out a process for requiring a balancing strategy and plan for replenishment.

Disaster reserves are calculated on 15% of the most recently adopted expenditure budget and are restricted to use in addressing impacts of natural disasters, such as storm, floods, wildfires, and droughts, among other events. Contingency reserves are calculated on 10% of the most recently adopted expenditure budget and may be used to address fiscal impacts of unexpected events, such as an unexpected loss of funding and damage to a City facility, among other events.

Agenda Item No. 15
File Code No. 210.01
Council Agenda Report
Reserve Policy Discussion and Direction [Ordinance Introduction; Resolution] September 12, 2023

Page 2 ends

Any use of disaster or contingency reserves requires an assessment of the fiscal condition and outlook, a balancing strategy to minimize the use of reserves in the future, and a plan to replenish reserves.

On December 7, 2021, the Finance Committee received a presentation from staff regarding the significant pension costs and liabilities and considerations for implementing various pension management strategies to control and reduce pension costs in the future.

The Committee directed staff to research and propose a pension management policy for consideration. Staff is developing the pension management policy and plans to bring it to the Finance Committee early in FY 2024 for consideration. Direction was also provided to staff during FY2023 budget hearings to consider revisions to the reserve policy to address pensions and possibly other priorities.

At the Finance Committee meeting on September 27, 2022, staff proposed eliminating the requirement that 50% of any annual operating General Fund surplus go to capital and require that a proportional share of annual operating surpluses in the City’s General Fund, Enterprise, and Internal Service funds be allocated to address pension-related expenses and future liabilities. On December 6, 2022, the City Council voted unanimously to approve Resolution No. 22-126 establishing one, consolidated, citywide reserve policy including staff’s proposed change of 50% of annual operating surplus be allocated to address pension-related expenses.

The Waterfront Department’s capital reserve requirement is currently and primarily met through the Harbor Preservation Fund (HPF). Pursuant to Chapter 17.40 of the Santa Barbara Municipal Code, the HPF is required to maintain no less than $2 Million for preservation and enhancement of properties, with a target amount of $5 Million. Staff is recommending repealing Chapter 17.40 and transferring the HPF funds into the Waterfront Capital Fund to be more effectively managed. The Waterfront Department, like all other Enterprise Funded departments, will be required to adhere to Section 5 of the Reserve Policy which will establish a capital reserve of 5% of the value of capital assets or an amount equal to the average of the planned capital program budgets for the upcoming three years. This change will help to ensure that the Waterfront Department is adequately planning for and funding capital improvement projects in the future, similar to all other Enterprise Departments and Funds.

During the FY2024 budget deliberation public hearing on June 7, 2023, the City Council gave direction to staff to review Resolution No. 22-126 and directed staff to work with the Finance Committee during FY2024 to develop a plan to replenish reserves by FY2026.

Staff is seeking the City Council’s direction regarding staff’s recommended changes to the City’s reserve policy and direction to replenishing reserves.

During the Finance Committee meeting on July 25, 2023, the Finance Committee voted unanimously to forward the following recommendations to the City Council:

Council Agenda Report
Reserve Policy Discussion and Direction [Ordinance Introduction; Resolution] September 12, 2023

Page 3 ends

1. Recommend that the City Council adopt an ordinance amending the Santa Barbara Municipal Code by repealing Chapter 17.40 and transfer funds in the Harbor Preservation Fund into the Waterfront Capital Fund;

2. Consider opening a line of credit;

3. Consider reducing the disaster reserve policy target level from 15% by up to 5%, resulting in a 10% target level; and

4. Consider directing the City Administrator to prepare and issue the City’s recommended budget in FY2025 and FY2026 with a revised policy reserve target of 22%, with a plan to replenish reserves to achieve the 25% target through the Fiscal Sustainability Initiative and Vision 2030.

BUDGET/FINANCIAL INFORMATION:

Reserves have been utilized in recent years to minimize the impact to the City’s budget from fluctuations in the economy and natural and other disasters. Through exercising strong fiscal discipline and budgetary practices, the City has been able to replenish reserves that can be utilized in future years.

If the existing reserve policy were to be amended by reducing the disaster and/or contingency reserve percent, fewer reserves will be required to adhere to the policy, which will result in fewer resources available to be used to address budget fluctuations and natural and other disasters in the future. It may also affect the City’s credit rating which is evaluated annually and will be considered by rating agencies for the planned debt issuance for the Policy Headquarters capital project.

ATTACHMENT(S): 1. Resolution No. 22-126 Establishing Policies for Reserves for the City’s General Fund, Enterprise Funds, and Internal Service Funds
PREPARED BY: Keith DeMartini, Finance Director
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
RESOLUTION NO. 22-126

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA ESTABLISHING POLICIES FOR

RESERVES FOR THE CITY'S GENERAL FUND,

ENTERPRISE FUNDS, AND INTERNAL SERVICE FUNDS,
AND AMENDING RESOLUTION NO. 12-066 AND
RESCINDING RESOLUTION NO. 18-056.

WHEREAS, the City desires to establish policies regarding reserves for the various City funds for the purpose of providing consistent designations for different categories of reserves, ensuring fiscal security for the funds, and defining standards for minimum amounts to be maintained in reserves;
WhlEREAS, such reserves policies will be most readily communicated and understood if they are consolidated and formally adopted in a single document; WHEREAS, the Council has considered the proposed reserve policies applicable to the General Fund, Enterprise Funds, and Internal Sen/ice Funds at a regular Council meeting on December 6, 2022.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CIT»' OF SANTA BARBARA THAT the following reserves policies are adopted:

SECTION 1: CALCULATION OF RESERVE AMOUNTS
Final reserve balances will be calculated at end of each fiscal year after the closing of the City's accounting records. An amount will be established for each fund, as applicable, as a commitment of fund balance for each type of reserve established by this policy.

As soon as practical after the close of a fiscal year, staff will provide City Council a report showing the status of reserves as of June 30. At any time it is proposed to utilize reserves pursuant to this policy, staff will provide a similar report on reserves and projected fiscal impact from the proposed use of reserves.

SECTION 2: DISASTER RESERVES
The amount of the required Disaster Reserve is calculated based on 15% of the most recently adopted fiscal year operating expenditure budget.

The Disaster Reserve is restricted to use in addressing the financial impacts of natural disasters, such as storm, floods, wildfires, droughts, tsunamis, earthquakes and any other event that results in significant damage to City facilities and infrastructure or a significant reduction of normal operating revenues.
1 ATTACHMENT 1
The use of Disaster Reserves should generally be limited to federal or state declared disasters. The use of Disaster Reserves is also allowable in cases where the natural disaster, is less severe, such as a major fire to a City building that requires temporary facilities to be leased. Disaster reserves may be used only after other available funds are exhausted, including the Contingency Reserve.

Examples of financial impacts that would justify the use of Disaster Reserves include. . Extraordinary costs incurred in connection with the immediate emergency response to address public safety matters. , ..
. Revenue losses resulting from a significant decline or temporary halt in services due to major damage to facilities, infrastructure and local businesses. . Additional costs necessary to maintain City operations. . Long-term costs incurred to rebuild City facilities and infrastructure.

SECTION 3: CONTINGENCY RESERVES
The Contingency Reserve is calculated based on 10% of the most recently adopted fiscal year operating expenditure budget.

The purpose of the Contingency Reserve is to allow for the orderly implementation of a balancing strategy to address the fiscal impacts of unexpected events in order to minimize the impacts to the organization and community. The most common of these events would be an economic recession that results in a significant impact on key revenues such as sales, transient occupancy or property taxes.

Other unexpected events for which these reserves could be used include the following:
. Natural disasters, as described above for Disaster Reserves; . Revenue impacts resulting from State of California actions or unfunded State mandates;
. Unexpected loss of external funding from sources such as grants or entitlements; . An unplanned loss of, or damage to, a City facility such as the loss of a building due to fire;
. Mitigation of an emergency that poses a threat to public health and safety; and . An adverse judicial action that requires large cash payments to third parties and is not covered by insurance.

The general intent of the Contingency Reserve is for unexpected events or situations. In general, its purpose is not to fund known or anticipated financial impacts, such as negotiated salary and benefit increases or scheduled increases to health insurance premiums or retirement costs.

SECTION 4: COUNCIL APPROVAL OF DISASTER AND CONTINGENCY RESERVES 2 Any use of the Disaster or Contingency reserves described in Sections 2 and 3 requires a majority vote of approval by the City Council.

When the use of reserves is recommended to the City Council by staff, the justification should include the following elements:

An Assessment of the Fiscal Condition and Outlook:

This assessment should include an objective evaluation ofthe, operating fund's fiscal condition and an evaluation of the impacts of the event that triggered the need to use reserves. The purpose of this evaluation is to measure and define the scope and duration of the problem to assist in developing an appropriate balancing strategy.

This assessment of fiscal condition should include the use of available and relevant financial and non-financial data, including economic and demographic indexes and trends; historical revenue and expenditures results; and local economic forecasts developed by recognized academic and financial institutions and paid consultants.

Balancin Strate
The balancing strategy should include measures that minimize the use of Contingency Reserves, such as:
. Expenditure reductions achieved through efficiency measures, cuts to programs, services and associated staffing;
. Revenue enhancement measures that generate new or increased revenues; . Use of existing one-time funds; and
. Use of available reserves in other funds, as allowable and appropriate.

The balancing strategy should also be consistent with the nature of the fiscal impact.

For example, a one-time impact may be resolved fully with the use of reserves, depending on its severity. However, an event that has an ongoing financial impact, such as decline in revenues due to a major recession, will require a balancing strategy that includes ongoing budget and programmatic adjustments to "linimize the use of reserves.

Plan of Re lenishment
The replenishment plan should include the following elements, as appropriate:
. A one-time (one-year) use of reserves should be accompanied by a specific plan for how and when the reserves will be restored.
. An extended use of reserves for more than one year should be accompanied by a long-term strategy that includes a more general plan for how the reserves will be restored.
3 SECTION 5: ENTERPRISE FUNDS
Enterprise Funds will be subject to the same Disaster and Contingency Resen/e and approval requirements as described inSections 2, 3 and 4 of this Resolution.

Appropriations from Capital reserves are intended to address an unexpected capital project or unanticipated increase in capital projects. Capital reserves might also be funded in excess of the minimum in preparation for major (pay-go or cash funded) capital projects.

Another option for funding major future capital projects is a Working Capital reserve.

These specific capital reserves would be designated for the replacement of critical infrastructure projected to be funded within a ten-year period. There is no minimum for these reserves as they will function as a working capital reserve for funding of large and costly infrastructure on a routine basis. These include the Council approved Desalination Reserve (Resolution No. 21-082), as well as Main Replacement Reserves (restricted to maintaining, rehabilitating, and installing new main or transmission pipelines) in the Water and Wastewater Enterprise Funds.

Bond funding for the Water and Wastewater Enterprise Funds requires a rate stabilization reserve (as outlined in the 2013 and 2016 bond documents, Resolution No. 13-029 and 16- 168 respectively). The minimum reserve requirement for the rate stabilization fund is $2.9 million and $1. 0 million for the Water and Wastewater Funds respectively. These funds are differentiated from Disaster, Contingency and Capital reserves as they can be considered revenue for the purpose of debt service coverage in a given fiscal year, if they are transferred within 150 days of the end of the prior fiscal year. These reserve funds are restricted and must be maintained and used only for this purpose. Staff may make additional deposits to this reserve if there are anticipated threats to revenues that might exceed the minimum reserve. This might include increasing probability of drought and the need for mandatory water conservation, or other negative impacts on revenues that might reasonably be expected. Deposits into the rate stabilization fund must be reflected as reductions in revenues for the year the deposits are made.

The Solid Waste and Clean Energy Enterprise Operating Funds shall utilize the contingency reserve to buffer a significant loss in revenue or the impacts of significant rate increases. The use of these reserves should be considered one-time revenue as future rates will need to be adjusted to address any ongoing expense increases to operating the enterprise.

For the Waterfront Enterprise Fund, the Capital Reserve requirement will be met through reserves accumulated in the Harbor Preservation Fund (HFP). Pursuant to Chapter 17.40 of the Santa Barbara Municipal Code, the HFP is required to maintain reserves of no less than $2 million for preservation, enhancement and management of Waterfront and State 4 Tidelands Trust properties.

Where applicable, each Enterprise shall maintain any required debt service reserve to support the long-term borrowing and shall be restricted to the level of indebtedness of the utility.

The City shall also consider establishing a line of credit with a banking institution that may be leveraged for financing capital projects and in the event of a disaster. Leveraging a line of credit is a viable risk management approach and may address short-term cash flow needs and lessen the need to require disaster reserves in the future. A line of credit shall not be used to pay for operating expenses. The cost of establishing a line of credit shall be considered in relation to the investment earnings that may be achieved through investing funds in line with the City's investment policy and other operating considerations.

SECTION 6: RESERVE REQUIREMENTS FOR INTERNAL SERVICE FUNDS Internal Service Funds are not subject to the reserve requirements for Disaster Reserves or Contingency Reserves. Instead, Internal Service Funds will maintain an operating reserve equal to 10% of the operating budget of the most recently adopted budget. This reserve will be available to address unexpected events and natural disasters that affect the operations and revenue streams of the Internal Service Funds.

All Internal Service Funds will be subject to the 10% reserve requirement, with the exception of the Self-lnsurance Fund, which by design builds up assets for the payment of claims several years into the future, and the Facilities Management Fund, which is based on 10% of the adopted Building Maintenance Program Budget. As a result, there should be adequate cash reserves to cover unanticipated costs. In addition, the reserve requirements do not apply to Internal Service Funds that are specifically designed to accumulate reserves for capital, such as the Vehicle Replacement Fund.

SECTION 7: APPROPRIATED RESERVES
An Appropriated Reserve will be included in each operating fund's adopted budget to provide for unanticipated expenditures or to meet unexpected small increases in service delivery costs within the fiscal year. For the General Fund, the appropriated reserve should be at least $250, 000. For Enterprise and Internal Service operating funds, this reserve will be at least one-half of one percent of the operating budget. Any unused portion of the appropriated reserve in each fund will be returned to fund balance at the end of the fiscal year.

SECTION 8: ALLOCATION OF GENERAL FUND, ENTERPRISE FUNDS AND

INTERNAL SERVICE FUNDS YEAR-END SURPLUS TO PENSION EXPENSES AND

LIABILITIES
At the end of each fiscal year, any General Fund, Enterprise Funds and Internal Service Funds surplus realized from actual revenues exceeding actual expenditures including the annual capital program will be used to maintain reserve balances at levels required by this policy as well as address pension-related expenses and future liabilities. The amount of reserves to be transferred to a Section 115 trust to addresspension-related expenses and future liabilities will be determined based on the proportional bjyrden of expenses and liabilities in each fund. Maintaining reserve balances will be the highest priority, followed by addressing pension-related expenses and future liabilities.

SECTION 9. RESOLUTION NO. 18-056
Resolution No. 18-056 is hereby rescinded in its entirety RESOLUTION NO. 22-126

STATE OF CALIFORNIA )
)
COUNTY OF SANTA BARBARA ) ss.
)

CITI' OF SANTA BARBARA )
I HEREBY CERTIFY that the foregoing resolution was adopted by the Council of the City of Santa Barbara at a meeting held on December 6, 2022, by the following roll call voteAYES: Councilmembers Eric Friedman, Oscar Gutierrez, Meagan Harmon, Mike Jordan Kristen W. Sneddon, Mayor Randy Rowse
NOES: None
ABSENT: CouncilmemberAlejandra Gutierrez
ABSTENTIONS: None
IN WITNESS WhlEREOF, I have hereto set my hand and affixed the official seal of the City of Santa Barbara on Decembefc8.^2022.
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1 RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA

BARBARA ESTABLISHING POLICIES FOR RESERVES FOR
THE CITY’S GENERAL FUND, ENTERPRISE FUNDS AND

INTERNAL SERVICE FUNDS, AND AMENDING RESOLUTION
NO. 22-126.

WHEREAS, the City desires to establish policies regarding reserves for the various City funds for the purpose of providing consistent designations for different categories of reserves, ensuring fiscal security for the funds, and defining standards for minimum amounts to be maintained in reserves;
WHEREAS, such reserves policies will be most readily communicated and understood if they are consolidated and formally adopted in a single document; WHEREAS, the Council has considered the proposed reserve policies applicable to the General Fund, Enterprise Funds, and Internal Service Funds at a regular Council meeting on September 12, 2023.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT the following reserves policies are adopted:

SECTION 2: DISASTER RESERVES
The amount of the required Disaster Reserve is calculated based on 15% of the most recently adopted fiscal year operating expenditure budget.

The Disaster Reserve is restricted to use in addressing the financial impacts of natural disasters, such as storm, floods, wildfires, droughts, tsunamis, earthquakes and any other event that results in significant damage to City facilities and infrastructure or a significant reduction of normal operating revenues.
2 The use of Disaster Reserves should generally be limited to federal or state declared disasters. The use of Disaster Reserves is also allowable in cases where the natural disaster is less severe, such as a major fire to a City building that requires temporary facilities to be leased. Disaster reserves may be used only after other available funds are exhausted, including the Contingency Reserve.

Examples of financial impacts that would justify the use of Disaster Reserves include:
 Extraordinary costs incurred in connection with the immediate emergency response to address public safety matters.
 Revenue losses resulting from a significant decline or temporary halt in services due to major damage to facilities, infrastructure and local businesses.  Additional costs necessary to maintain City operations.  Long-term costs incurred to rebuild City facilities and infrastructure.

SECTION 3: CONTINGENCY RESERVES
The Contingency Reserve is calculated based on 10% of the most recently adopted fiscal year operating expenditure budget.

Other unexpected events for which these reserves could be used include the following:
 Natural disasters, as described above for Disaster Reserves;  Revenue impacts resulting from State of California actions or unfunded State mandates;
 Unexpected loss of external funding from sources such as grants or entitlements;  An unplanned loss of, or damage to, a City facility such as the loss of a building due to fire;
 Mitigation of an emergency that poses a threat to public health and safety; and  An adverse judicial action that requires large cash payments to third parties and is not covered by insurance.

SECTION 4: COUNCIL APPROVAL OF DISASTER AND CONTINGENCY

RESERVES
3 Any use of the Disaster or Contingency reserves described in Sections 2 and 3 requires a majority vote of approval by the City Council.

When the use of reserves is recommended to the City Council by staff, the justification should include the following elements:

An Assessment of the Fiscal Condition and Outlook:

This assessment should include an objective evaluation of the operating fund's fiscal condition and an evaluation of the impacts of the event that triggered the need to use reserves. The purpose of this evaluation is to measure and define the scope and duration of the problem to assist in developing an appropriate balancing strategy.

Balancing Strategy
The balancing strategy should include measures that minimize the use of Contingency Reserves, such as:
 Expenditure reductions achieved through efficiency measures, cuts to programs, services and associated staffing;
 Revenue enhancement measures that generate new or increased revenues;  Use of existing one-time funds; and
 Use of available reserves in other funds, as allowable and appropriate.

The balancing strategy should also be consistent with the nature of the fiscal impact. For example, a one-time impact may be resolved fully with the use of reserves, depending on its severity. However, an event that has an ongoing financial impact, such as decline in revenues due to a major recession, will require a balancing strategy that includes ongoing budget and programmatic adjustments to minimize the use of reserves.

Plan of Replenishment
The replenishment plan should include the following elements, as appropriate:
 A one-time (one-year) use of reserves should be accompanied by a specific plan for how and when the reserves will be restored.
 An extended use of reserves for more than one year should be accompanied by a long-term strategy that includes a more general plan for how the reserves will be restored.
4 SECTION 5: ENTERPRISE FUNDS
Enterprise Funds will be subject to the same Disaster and Contingency Reserve and approval requirements as described in Sections 2, 3 and 4 of this resolution.

Each Enterprise Operating Fund will establish a Capital Reserve, funded to at least 5% of the value of its capital assets. Alternatively, the Capital Reserve may also be established at an amount equal to the average of the planned capital program budgets for the upcoming three fiscal years, excluding major capital projects that will be debt funded. Appropriations from Capital reserves are intended to address an unexpected capital project or unanticipated increase in capital projects. Capital reserves might also be funded in excess of the minimum in preparation for major (pay-go or cash funded) capital projects.

Another option for funding major future capital projects is a Working Capital reserve.

Bond funding for the Water and Wastewater Enterprise Funds requires a rate stabilization reserve (as outlined in the 2013 and 2016 bond documents, Resolution No. 13-029 and 16-168 respectively). The minimum reserve requirement for the rate stabilization fund is $2.9 million and $1.0 million for the Water and Wastewater Funds respectively. These funds are differentiated from Disaster, Contingency and Capital reserves as they can be considered revenue for the purpose of debt service coverage in a given fiscal year, if they are transferred within 150 days of the end of the prior fiscal year. These reserve funds are restricted and must be maintained and used only for this purpose. Staff may make additional deposits to this reserve if there are anticipated threats to revenues that might exceed the minimum reserve. This might include increasing probability of drought and the need for mandatory water conservation, or other negative impacts on revenues that might reasonably be expected. Deposits into the rate stabilization fund must be reflected as reductions in revenues for the year the deposits are made.

Where applicable, each Enterprise shall maintain any required debt service reserve to support the long-term borrowing and shall be restricted to the level of indebtedness of the utility.
5 The City shall also consider establishing a line of credit with a banking institution that may be leveraged for financing capital projects and in the event of a disaster. Leveraging a line of credit is a viable risk management approach and may address short-term cash flow needs and lessen the need to require disaster reserves in the future. A line of credit shall not be used to pay for operating expenses. The cost of establishing a line of credit shall be considered in relation to the investment earnings that may be achieved through investing funds in line with the City’s investment policy and other operating considerations.

All Internal Service Funds will be subject to the 10% reserve requirement, with the exception of the Self-Insurance Fund, which by design builds up assets for the payment of claims several years into the future, and the Facilities Management Fund, which is based on 10% of the adopted Building Maintenance Program Budget. As a result, there should be adequate cash reserves to cover unanticipated costs. In addition, the reserve requirements do not apply to Internal Service Funds that are specifically designed to accumulate reserves for capital, such as the Vehicle Replacement Fund.

SECTION 7: APPROPRIATED RESERVES
An Appropriated Reserve will be included in each operating fund's adopted budget to provide for unanticipated expenditures or to meet unexpected small increases in service delivery costs within the fiscal year. For the General Fund, the appropriated reserve should be at least $250,000. For Enterprise and Internal Service operating funds, this reserve will be at least one-half of one percent of the operating budget. Any unused portion of the appropriated reserve in each fund will be returned to fund balance at the end of the fiscal year.

SECTION 8: ALLOCATION OF GENERAL FUND, ENTERPRISE FUNDS AND

INTERNAL SERVICE FUNDS YEAR-END SURPLUS TO PENSION EXPENSES AND

LIABILITIES
At the end of each fiscal year, any General Fund, Enterprise Funds and Internal Service Funds surplus realized from actual revenues exceeding actual expenditures including the annual capital program will be used to maintain reserve balances at levels required by this policy as well as address pension-related expenses and future liabilities. The amount of reserves to be transferred to a Section 115 trust to address pension-related expenses and future liabilities will be determined based on the proportional burden of expenses and 6 liabilities in each fund. Maintaining reserve balances will be the highest priority, followed by addressing pension-related expenses and future liabilities. 1 ORDINANCE NO.___________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE SANTA BARBARA
MUNICIPAL CODE BY REPEALING CHAPTER 17.40

PERTAINING TO THE PURPOSE, ACCUMULATION AND

USE OF FUNDS WITHIN THE HARBOR PRESERVATION
FUND

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

SECTION 1. Title 17 of the Santa Barbara Municipal Code is amended by repealing Chapter 17.40.

17.40.010 Purpose.

The City Council has identified certain funds that shall be reserved for the purpose of accumulating funds for the preservation and enhancement of the Harbor, State Tidelands Trust, and Waterfront Department properties under the management of the City of Santa Barbara. Sources of funds to be committed for this purpose include, but are not limited to, surplus Waterfront Fund funds, interest earnings, and other sources as may be directed by the City Council.

17.40.020 Reserve for Harbor Preservation.

The City Finance Director shall establish and maintain a Reserve for Harbor Preservation in the Waterfront Tidelands Trust Fund for monies accumulated for preservation, enhancement, and management of Harbor, State Tideland Trust, and Waterfront Department properties.
2 17.40.030 Accumulation of Funds.

The City Finance Director shall deposit any funds received for the preservation and enhancement of the Harbor, State Tidelands Trust, and Waterfront Department properties and all interest earned from the investment of such funds in the Reserve for Harbor Preservation until a total of $5,000,000.00 has been accumulated. If at any time the account balance for the Reserve for Harbor Preservation exceeds $5,000,000.00, the City Finance Director shall deposit all or a portion of the interest earned from the investment of those funds into the Operating Fund of the Waterfront Department as directed by a Resolution of the City Council.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: City Clerk’s Office, City Administrator’s Office
SUBJECT: Appointment to the Fire and Police Commission
RECOMMENDATION:

That Council appoint one new member to the Fire and Police Commission to fill an unscheduled vacancy through December 31, 2026.

DISCUSSION:

Currently, there is one position available on the Fire and Police Commission due to an unscheduled vacancy. Interviews of applicants for the Commission were held on August 29, 2023.

The Guidelines for the City of Santa Barbara Advisory Groups, Resolution No. 13-006, states that applicants are required to appear for an interview before the City Council.

The names of applicants failing to appear for an interview are removed from the list of persons eligible for appointment. Attached is a list of applicants eligible for appointment.

The appointment to the Fire and Police Commission is effective September 15, 2023.

ATTACHMENTS: List of Eligible Applicants
PREPARED BY: Barbara Andersen, Senior Assistant to the City Administrator SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator’s Office
Agenda Item No. 16
File Code No. 140.05

ATTACHMENT
1 Special Recruitment 2023

FIRE AND POLICE COMMISSION
 One vacancy
 Term Expiration: December 31, 2026
 Qualifications/Category: Members must be qualified electors of the City.  Cannot be an individual or attorney who represents a person or entity with a pending claim or lawsuit against the Fire or Police Department, or any of their officers or employees. If an individual ends up representing a person or entity against either of the Departments during their term, the individual is required to resign from the Commission.
 Cannot be any current or former law enforcement officer or firefighter, or where relevant or comparable any member of the public, who has a sustained finding of serious misconduct made by any law enforcement agency, independent investigator contracted by a public agency, or court.  Appointees may not hold any full-time paid office or employment in City government.

Category
(Number of
Vacancies)
Applicant
Incumbent
Appt. Dates
(Years Served)
Notes
Blanca Flor Benedict n/a Qualified elector of City
Walter Scott Burns n/a Qualified elector of City
Stephen Lee Byrd n/a Qualified elector of City
Chris Cline n/a Qualified elector of City
John Cross n/a Qualified elector of City
Jane Frederick n/a Qualified elector of City
Aaron Edward Jones n/a Qualified elector of City
Thomas Parker 12/16/2008 – 11/2/2010 Qualified elector of City Qualified elector (1)
Charles Santry n/a Qualified elector of City
2 Barbara Ceizler Silver n/a Qualified elector of City

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: September 12, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Appeal of the Planning Commission’s Approval of a Coastal Development Permit at 125 and 145 S. Calle Cesar Chavez and 110 and 114 S. Quarantina Street
RECOMMENDATION: That Council:

EXECUTIVE SUMMARY:

On July 13, 2023, the Planning Commission approved a Coastal Development Permit (CDP) for a paved industrial storage yard for MarBorg Industries and determined that the project is exempt from further environmental review as an “Infill Development” project. On July 24, 2023, Anna Marie Gott filed an appeal asserting 1) that the CDP should not have been approved because the project is not consistent with State and City coastal policies and will negatively impact public access to the coast; and 2) that the Planning Commission’s determination that the project is categorically exempt from further environmental review did not include the additional corrective actions for soil remediation required by the Santa Barbara County Environmental Health Services Division (Attachment 1).

DISCUSSION:

Background
The project is a paved industrial storage yard on the existing 2.41-acre site currently used as an industrial storage yard for MarBorg and a 20-space parking lot for the PATH shelter.

Agenda Item No. 17
File Code No. 640.07
Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit at 125 and 145 S. Calle Cesar Chavez and 110 and 114 S. Quarantina Street September 12, 2023

Page 2 ends

More specifically, the project consists of grading, paving, tree removal and replacement, relocation of PATH’s parking lot on-site, new site walls and fencing, new landscaping, soil remediation, wetland restoration and monitoring, and stormwater bioretention basins. (Refer to Exhibits B and C of Attachment 2.)
The property is zoned M-1/S-D-3 (Light Manufacturing/Coastal Overlay Zone) and is located in both the Appealable and Non-Appealable Jurisdictions of the Coastal Zone with a Coastal Land Use Plan designation of Industrial.

The required discretionary application and determination for the project are:

1. A Coastal Development Permit to allow the proposed development in the Appealable and Non-Appealable Jurisdictions of the City’s Coastal Zone (SBMC §28.44.060); and

2. Determination that the project is categorically exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332 [Infill Development].

On July 13, 2023, the Planning Commission made the required findings to support the project, noting that it was consistent with the Coastal Act and the City’s Coastal Land Use Plan. The Commission approved the project with the condition that the Coastal Development Permit requires a soil management plan with additional soil testing for reuse or disposal of soil. Refer to the Planning Commission Staff Report (Attachment 2), Minutes (Attachment 3), and Resolution (Attachment 4) for additional information.

Appeal Issue 1: Inconsistency with Coastal Act and Local Coastal Program related to Public Access
The appellant states that the CDP should not have been approved because the project is not consistent with State and City coastal policies and will negatively impact public access to the coast. The appellant asserts that other MarBorg operations in the immediate area have a cumulative negative effect on public coastal access due to MarBorg employees using the available on-street parking. The appellant also contends that relevant coastal policies were not considered in the staff report or by the Planning Commission.

MarBorg operations on other sites were not analyzed because the scope of this CDP application is limited to the subject site. This project is required to provide on-site parking as specified by City Zoning Ordinance Chapter 28.90 Automobile Parking Requirements, and is not required to provide employee parking for other MarBorg sites. Nonresidential parking requirements are based on the land use combined with (in most cases) building floor area. The proposed open industrial storage yard land use has no requirement for automobile or bicycle parking per Santa Barbara Municipal Code Subsection 28.90.100.I - Industrial Uses because no building floor area is proposed. There is no nexus between the proposed project and MarBorg operations at other locations that would warrant conditions of approval to require parking beyond the Zoning Ordinance requirement.

Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit at 125 and 145 S. Calle Cesar Chavez and 110 and 114 S. Quarantina Street September 12, 2023

Page 3 ends

The appellant references Assembly Bill 2097, which prohibits the City from imposing or enforcing minimum automobile parking requirements within half a mile of a major transit stop, in this case the Santa Barbara Train Station. The Project site is outside the area where Assembly Bill 2097 is applicable because it is approximately two-thirds of a mile from the Santa Barbara Train Station. The proposed industrial storage yard has no minimum automobile parking requirements because the City Zoning Ordinance requires no parking as described above.

The City’s Coastal Land Use Plan (LUP) Policy 3.1-29 states that parking standards in the Zoning Ordinance are designed to ensure sufficient off-street parking is provided for new development and substantial redevelopment so as to avoid significant adverse impacts to public access to the shoreline and coastal recreational areas. To comply with the City’s Zoning Ordinance, projects must include off-street parking sufficient to not impact public coastal access. Because no parking is required and none is proposed (beyond the replacement parking dedicated to PATH), the project was considered to be consistent with LUP Policy 3.1-29.

Discussion of other coastal policies cited in the appellant’s letter is provided below.

Policy 2.1-16 Siting of New Development/Coastal Act Section 30250. This policy is intended to guide City Planning Efforts and Programs and is not applicable to a private development project. This policy states that new development should be located within, contiguous with, or in close proximity to existing developed areas that are able to accommodate it. The proposed development would be located within a developed area where public services are available and where it would not have significant adverse effects on coastal resources.

Policy 3.1-7 Encourage Sustainable Transportation. This policy is intended to guide City Planning Efforts and Programs and is not applicable to a private development project.

Policy 3.1-16 Parking Supply and Management. This policy is intended to guide City Planning Efforts and Programs and is not applicable to a private development project.

Policy 3.1-21 Public Access and Development/Coastal Act Section 30211. This policy states that development shall not interfere with the public’s right of access to the sea where access was acquired through use or legislative authorization. There is no right-ofaccess applicable to the project site. Access to the beach in this location is provided via public streets and sidewalks.

Policy 3.1-23 Mitigation Required for Traffic Impacts Affecting Public Access. This policy states that when a project causes a project-specific significant adverse traffic impact affecting public access to the shore and coastal recreation areas, appropriate mitigation is required. The proposed project was reviewed by Transportation Planning Division staff who determined that the project would not have a significant adverse impact on traffic Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit at 125 and 145 S. Calle Cesar Chavez and 110 and 114 S. Quarantina Street September 12, 2023

Page 4 ends

because the project is intended to facilitate a more efficient operation for MarBorg and does not result in an expansion of existing uses.

Policy 3.1-26 New Development and Sustainable Transportation/Coastal Act Section 30253(d). This policy requires projects to minimize energy consumption and vehicle miles travelled. The proposed project is located within the City’s industrial zone in the vicinity of other MarBorg facilities and will allow vehicles and equipment to be stored and deployed near their operations, thereby minimizing energy consumption and vehicle miles traveled.

Coastal Act Section 30252. This policy states that the location and amount of new development should maintain and enhance public access to the coast and provides appropriate methods to achieve it. Staff has reviewed the proposed development and determined that the project would not impact access to the coast. The site is designed for equipment storage of items such as bins, carts, cans, roll-off boxes, trailers, and extra vehicles. No buildings or employee amenities such as restrooms are proposed; therefore, there is no Zoning Ordinance parking requirement. The adjacent public rights-of-way are not identified as key public access parking areas for coastal access (Figure 3.1-2 of the Coastal LUP). Employees would not report to this site for work; therefore, this site is not expected to contribute to the demand for parking on adjacent streets.

Appeal Issue 2: Soil Remediation and Environmental Review The appellant asserts that the Planning Commission did not include the additional corrective actions for soil remediation required by Environmental Health Services Division (EHS) when it determined that the project is categorically exempt from further environmental review. The appellant also asserts that the soils Corrective Action Plan should have been included by the Planning Commission as a condition of approval in order to approve the CEQA exemption.

The site consists of four legal lots to be joined by a lot tie agreement. The area is known to contain hazardous concentrations of lead resulting from its use as a dump site after the 1925 earthquake. As a result, soil remediation is required. The City issued a building permit in 2018 to execute a Corrective Action Plan as directed by EHS on the three lots located in the Nonappealable Jurisdiction of the Coastal Zone. EHS issued a CEQA Notice of Exemption for this work, making it exempt from further environmental review.

The fourth lot includes soil remediation and wetland restoration work within the Appealable Jurisdiction of the Coastal Zone, and work in this area requires approval of a CDP. This southwestern area of the project site has a small drainage that was found to meet the definition of “wetland.” The presence of a wetland resulted in the Central Coast Regional Water Quality Control Board and the Army Corps of Engineers also overseeing this part of the project. A “wetland delineation” was completed by the environmental consultant to describe the extent of the wetland and establish an appropriate buffer. The biological consultant completed a survey of special-status species and determined none are present, or likely to occur, and prepared a Habitat Mitigation Monitoring Plan. A soil sampling plan has been approved by EHS for the wetland area. The actual sampling, soil Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit at 125 and 145 S. Calle Cesar Chavez and 110 and 114 S. Quarantina Street September 12, 2023

Page 5 ends

remediation, and vegetation removal/replanting habitat restoration work, followed by restoration monitoring, requires approval of a CDP before commencing work under a Corrective Action Plan Addendum as directed by EHS.

On the entire project site, during grading operations, soils will be sampled in accordance with the EHS-approved Soils Management Plan so that disturbed soils containing hazardous substances are identified and disposed of separately from non-contaminated soils. Undisturbed soils will be capped by the proposed concrete paving. The scope of the CDP is intended to provide flexibility in order to allow the sampling during grading operations followed by appropriate remediation with EHS oversight in accordance with their regulations and authority. The Planning Commission added a condition of approval to explicitly state that a Soils Management Plan is required and additional soil testing will be required to reuse or dispose of onsite soil. The project will follow the Soils Management Plan, and if impacted soils are found and site remediation is carried out, a “closure report” will be prepared by the environmental consultant and submitted to EHS.

EHS did not issue their own CEQA Notice of Exemption for the present scope of work because the project requires the City to approve a CDP. EHS completed a public notification of remedial action for a Corrective Action Plan Addendum for the wetland area of the site on March 23, 2023, with a 30-day public comment period. As the Lead Agency for the project, the City will issue a Notice of Exemption immediately following approval of the CDP, stating that the project qualifies for a CEQA Exemption pursuant to Guidelines Section 15332 (Infill Development) because the project is consistent with the Coastal Land Use Plan Designation and Zoning; the project falls within City limits on a site no more than five acres surrounded by urban uses; the site has no habitat value for endangered, rare, or threatened species; approval would not result in significant effects to traffic, noise, air quality, water quality; the site is served by required utilities and public services. None of the “exceptions” to the CEQA Exemption in Guidelines Section 15300.2 apply because: the project is not located in an area where it may impact any environmental resource of hazardous or critical concern; there is no cumulative impact from successive projects of the same type in the same place; there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; the project will not damage scenic resources; the project is not located on a hazardous waste site that is included on any list of sites pursuant to Government Code Section 65962.5; the project will have no adverse change in any historical resource.

In the Planning Commission’s adopted conditions of approval (Attachment 4), the Approved Development condition includes soil monitoring and remediation under supervision of EHS (condition B.1). Condition E.3 requires that the applicant complete the Soil Management Plan and Corrective Action Plan Addendum per EHS direction. The conditions do not specify all of the associated requirements in order to avoid constraining EHS in carrying out their work under the project’s CDP approval. EHS has oversight of clean-up activities, and the work must be done per their approval and under their supervision and acceptance.

Council Agenda Report
Appeal of the Planning Commission’s Approval of a Coastal Development Permit at 125 and 145 S. Calle Cesar Chavez and 110 and 114 S. Quarantina Street September 12, 2023

Page 6 ends

The appellant additionally states that the project is not consistent with LUP Policy 6.1-14 Hazardous Substances. This policy is intended to guide City Planning Efforts and Programs and is not applicable to a private development project. The project proposes to address the existing condition during construction by transporting soil containing hazardous material to an appropriate disposal site in accordance with the Soils Management Plan described above. Transport and disposal of hazardous substances is not a part of the proposed operations at the site.

CONCLUSION:

Staff recommends that the City Council deny the appeal and uphold the Planning Commission’s approval of the Coastal Development Permit and the determination that the project is categorically exempt from further environmental review, making the findings as outlined in Planning Commission Resolution No. 005-23; and direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal.

ATTACHMENTS:

1. Appeal Letter dated July 24, 2023 and Attachments

2. Planning Commission Staff Report and Exhibits

3. Planning Commission Minutes, July 13, 2023

4. Planning Commission Resolution No. 005-23

5. Compilation of Referenced and Applicable Coastal Act and Coastal Land Use Plan Policies
PREPARED BY: Tony Boughman, Associate Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office

ATTACHMENT 2

Planning Commission Minutes July 13, 2023 Page 4 of 7

NEW ITEMS
A. ACTUAL TIME: 3:24 P.M.
125 S. CALLE CESAR CHAVEZ
Assessor’s Parcel Number: 017-113-038
Zoning Designation: M-1/S-D-3 (Light Manufacturing/Coastal Overlay) Application Number: PLN2020-00582, Filing Date: December 2, 2020 Owner: Derek Carlson, Marborg
Applicant: John Cuykendall
The 2.41-acre site is currently used as an industrial storage yard and parking lot. The proposed project involves a new concrete-surfaced storage yard for equipment and vehicles for Marborg Industries. The existing 20-space parking lot that provides off-site parking for the PATH shelter on Cacique Street is proposed to be relocated and reconfigured within the project site. Twenty seven of 41 existing trees are proposed to be removed and 37 new trees are proposed. The southwest portion of the project site includes a degraded drainage/wetland area that would be subject to soil remediation and habitat restoration. Two bioretention basins are proposed to treat storm water. Proposed grading quantity is approximately 2,500 cubic yards of cut and 120 cubic yards of fill.

Access to the site would be from South Quarantina Street. The project also includes a lot tie agreement of the four existing lots.

The discretionary applications under the jurisdiction of the Planning Commission at this hearing are:

1. A Coastal Development Permit to allow the proposed development partially in the Appealable Jurisdiction and partially in the Non-Appealable Jurisdiction of the City’s Coastal Zone (SBMC §28.44.060); and

2. Determine that the project is categorically exempt from further environmental review pursuant to California Environmental Quality Act Guidelines Section 15332 [Infill Development].

Tony Boughman, Project Planner, gave the Staff presentation.

Robert Forouzandeh, Representative for the Owner, gave the Applicant presentation, and was joined by John Cuykendall, DMI Commercial Real Estate; Chris Dufour, RRM; Allen Lewis, RRM; Dave Compton, DUDEK; Paul Salmonsen, TRAK Environmental Services.

Public comment opened at 3:51 p.m., and the following individuals spoke:

1. Uri Dolev

2. Anna Marie Gott
Written correspondence from Guy Dolev was acknowledged.

Public comment closed at 4:00 p.m.

ATTACHMENT 3
Planning Commission Minutes July 13, 2023 Page 5 of 7
MOTION: Wiscomb / Lodge Assigned Resolution No. 005-23
Approve the project, making the findings for the Coastal Development Permit and CEQA Exemption as outlined in the Staff Report dated July 6, 2023, with an additional finding that the landscape plans provided do fulfil the roles to replace the trees proposed for removal, beautify and screen the site, provide biofiltration and stormwater, and restore and enhance the habitat value of the degraded wetland area, and subject to the Conditions of Approval as outlined in the Staff Report, with the following addition to the Conditions of Approval:

1. A soil management plan is required and additional soil testing will be required to reuse or dispose of onsite soil.

The motion carried by the following vote:

Ayes: 3 Noes: 2 (Bonderson and Baucke) Abstain: 0 Absent: 2 (Boss and Wardlow) Individual comments:

Vice Chair Baucke stated that he voted no because the project has not met the appropriate CEQA findings and the exemption should not apply due to unusual circumstance. There is a wetland being addressed, and hazardous material area with hazardous soils being disturbed, which are unusual circumstances and would kick a project out of CEQA exemption. The project should be before the Commission with a Mitigated Negative Declaration.

Chair Bonderson stated that she voted no because she has a difficult time approving this type of project in the coastal zone. She does not believe the project is consistent with section 30251 of the California Coastal Act; the project does not do enough to protect and enhance the scenic and visual qualities of the area. She also agrees with Vice Chair Baucke’s comments on the CEQA process.

The ten-calendar day appeal period was announced.
* THE COMMISSION RECESSED FROM 4:55 TO 5:00 P.M. *

CITY OF SANTA BARBARA PLANNING COMMISSION
RESOLUTION NO. 005-23
125 & 145 SOUTH CALLE CESAR CHAVEZ STREET & 110 & 114 S. QUARANTINA STREET

COASTAL DEELOPMENT PERMIT
JULY 13, 2023
Assessor’s Parcel Number: 017-113-038
Zoning Designation: M-1/S-D-3 (Light Manufacturing/Coastal Overlay) Application Number: PLN2020-00582 Filing Date: December 2, 2020 Owner: Derek Carlson, Marborg
Applicant: John Cuykendall
The 2.41-acre site is currently used as an industrial storage yard and parking lot. The proposed project involves a new concrete-surfaced storage yard for equipment and vehicles for Marborg Industries. The existing 20-space parking lot that provides off-site parking for the PATH shelter on Cacique Street is proposed to be relocated and reconfigured within the project site. Twenty seven of 41 existing trees are proposed to be removed and 37 new trees are proposed. The southwest portion of the project site includes a degraded drainage/wetland area that would be subject to soil remediation and habitat restoration. Two bioretention basins are proposed to treat storm water. Proposed grading quantity is approximately 2,500 cubic yards of cut and 120 cubic yards of fill. Access to the site would be from South Quarantina Street.

The project also includes a lot tie agreement of the four existing lots.

The discretionary applications under the jurisdiction of the Planning Commission at this hearing are:

2. Determine that the project is categorically exempt from further environmental review pursuant to California Environmental Quality Act Guidelines Section 15332 [Infill Development].

WHEREAS, the Planning Commission has held the required public hearing on the above application, and the Applicant was present.

WHEREAS, 2 people appeared to speak and the following exhibits were presented for the record:

1. Staff Report with Attachments, July 6, 2023

2. Project Plans

3. Correspondence received:
a. Guy Dolev
NOW, THEREFORE BE IT RESOLVED that the City Planning Commission:

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

ATTACHMENT 4
PLANNING COMMISSION RESOLUTION NO.005 –23
125 & 145 SOUTH CALLE CESAR CHAVEZ STREET
JULY 13, 2023
PAGE 2
A. COASTAL DEVELOPMENT PERMIT (SBMC §28.44.150)

1. The project is consistent with applicable policies of the California Coastal Act because the project includes tree replacement and fencing for visual screening of the storage activities from the two public street frontages and the public passenger railway, and will enhance the visual quality in the area, as described in Section V of the Staff Report dated July 6, 2023.

The landscape plans provided do fulfill the roles to replace the trees proposed for removal, beautify and screen the site, provide biofiltration and stormwater, and restore and enhance the habitat value of the degraded wetland area.

2. The project is consistent with all applicable policies of the City's Local Coastal Plan, all applicable implementing guidelines, and all applicable provisions of the Code as described in Section V of the Staff Report dated July 6, 2023. The project will enhance the visual quality in the area by providing new perimeter landscaping and fencing. The proposed landscaping restores the degraded wetland, replaces the trees proposed for removal, provides biofiltration for storm water, and restores and enhances the habitat value of the degraded wetland area. The habitat improvements include a Habitat Mitigation and Monitoring Plan to be overseen by a City-approved Biologist to ensure successful riparian plant establishment.

B. ENVIRONMENTAL REVIEW (CEQA Guidelines)
The project is exempt from further environmental review under Section 15332 [Infill Development Projects] of the California Environmental Quality Act (CEQA) Guidelines because the project involves construction of infill development on a lot of less than five acres that is substantially surrounded by urban uses and is consistent with the applicable Local Coastal Plan land use designation and all applicable Land Use Plan policies as well as with applicable zoning designation and regulations, as identified in the Staff Report dated July 6, 2023; the project site has no value as habitat for endangered, rare or threatened species; the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services; as identified in the Staff Report dated July 6, 2023.

II. Said approval is subject to the following conditions:

In consideration of the project approval granted by the Planning Commission and for the benefit of the owner(s) and occupant(s) of the Real Property, the owners and occupants of adjacent real property and the public generally, the following terms and conditions are imposed on the use, possession, and enjoyment of the Real Property:

A. Order of Development. In order to accomplish the proposed development, the following steps shall occur in the order identified:

1. Obtain all required design review approvals.

2. Record any required documents (see Recorded Conditions Agreement section).

3. Permits.

PLANNING COMMISSION RESOLUTION NO.005 –23
125 & 145 SOUTH CALLE CESAR CHAVEZ STREET
JULY 13, 2023
PAGE 3
a. Submit an application for and obtain a Building Permit (BLD) for construction of approved development and complete said development.
b. Submit an application for and obtain a Public Works Permit (PBW) for all required South Quarantina Street public improvements and complete said improvements.

Details on implementation of these steps are provided throughout the conditions of approval.

B. Recorded Conditions Agreement. The Owner shall execute a written instrument, which shall be prepared by Planning staff, reviewed as to form and content by the City Attorney and Community Development Director, recorded in the Office of the County Recorder, and shall include the following:

1. Approved Development. The development of the Real Property approved by the Planning Commission on July 13, 2023 consists of a new concrete-surfaced storage yard for equipment and vehicles on the 2.41-acre site. The project includes a 20-space automobile parking lot, tree removals, new trees and landscaping, new fencing, storm water bioretention basin, wetland restoration, habitat mitigation and monitoring, and soil monitoring and remediation under supervision of the Santa Barbara County Public Health Department Environmental Health Services Division. This approval is limited to the improvements shown on the plans approved by the Planning Commission on said date and on file at the City of Santa Barbara, consisting of the plan set prepared by RRM Design Group, dated March 28, 2023, and the DRAFT Habitat Mitigation Monitoring Plan prepared by DUDEK dated August, 2021.

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

3. Landscape Plan Compliance. The Owner shall comply with the Landscape Plan approved by the Architectural Board of Review (ABR). Such plan shall not be modified unless prior written approval is obtained from the ABR. The landscaping on the Real Property shall be provided and maintained in accordance with said landscape plan, including any tree protection measures. If said landscaping is removed for any reason without approval by the ABR, the owner is responsible for its immediate replacement.

4. Storm Water Pollution Control and Drainage Systems Maintenance. Owner shall maintain the drainage system and storm water pollution control devices in a functioning state and in accordance with the Storm Water BMP Guidance Manual and Operations and Maintenance Procedure Plan approved by the Creeks Division. Should any of the project’s surface or subsurface drainage structures or storm water pollution control methods fail to capture, infiltrate, and/or treat water, or result in increased erosion, the Owner shall be responsible for any necessary repairs to the system and restoration of the eroded area.

Should repairs or restoration become necessary, prior to the commencement of such repair or restoration work, the Owner shall submit a repair and restoration plan to the Community Development Director to determine if an amendment or a new Building Permit is required to authorize such work. The Owner is responsible for the adequacy of any project-related drainage facilities and for the continued maintenance thereof in a manner that will preclude any hazard to life, health, or damage to the Real Property or any adjoining property.

PLANNING COMMISSION RESOLUTION NO.005 –23
125 & 145 SOUTH CALLE CESAR CHAVEZ STREET
JULY 13, 2023
PAGE 4

5. Pesticide or Fertilizer Usage Near Creeks. The use of pesticides or fertilizer shall be prohibited within the wetland area, which drains directly into El Estero.

C. Design Review. The project, including public improvements, is subject to the review and approval of the Architectural Board of Review (ABR). The ABR shall not grant project design approval until the following Planning Commission land use conditions have been satisfied.

1. Tree Protection Measures. The landscape plan and grading plan shall include the following tree protection measures:
a. Tree Protection. All trees not indicated for removal on the approved Existing Condition and Demolition Plan shall be preserved, protected, and maintained, in accordance with the Tree Protection Plan, if required, and/or any related Conditions of Approval.
b. Landscaping Under Trees. Landscaping under the trees shall be compatible with the preservation of the trees, as determined by the ABR. c. During Construction.
(1) A qualified Arborist shall be present during any excavation beneath the driplines of the trees which will remain. All excavation within the driplines of the trees shall be minimized and shall be done with hand tools. (2) Any roots encountered shall be cleanly cut and sealed with a tree-seal compound.
(3) Any root pruning and trimming shall be done under the direction of a qualified Arborist.

2. Screened Backflow Device. The backflow devices for irrigation systems shall be provided in a location screened from public view as approved by the ABR.

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

1. Public Works Department.
a. Approved Public Improvement Plans. Public Improvement Plans as identified in condition D.1.d “South Quarantina Street Public Improvements” shall be submitted to the Public Works Department for review and approval. Upon acceptance of completed public improvement plans, a Building permit may be issued if the Owner has bonded for public improvements and executed the Agreement to Construct and Install Improvements (Not a Subdivision). b. Dedication. Easement, as shown on the approved site plan and described as follows,subject to approval of the easement scope and location by the Public Works Department:
(1) All street purposes along South Quarantina Street in order to establish a 6- foot-wide public sidewalk. The sidewalk corridor width shall be comprised PLANNING COMMISSION RESOLUTION NO.005 –23
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of a minimum 12’-0”, including: 0’-6” curb, 4’-0” parkway or tree well area, 6’-0” sidewalk and 1’-6” of “frontage zone.” The frontage zone may be located within the private property, however walls may not exceed 3’-6” within the frontage zone.
c. Water Rights Assignment Agreement. The Owner shall assign to the City of Santa Barbara the exclusive right to extract ground water from under the Real Property in an Agreement Assigning Water Extraction Rights. Engineering Division Staff prepares said agreement for the Owner’s signature. d. South Quarantina Street Public Improvements. The Owner shall submit C-1 public improvement plans for construction of improvements along the property frontage on South Quarantina Street. Plans shall be submitted separately from plans submitted for a Building Permit, and shall be prepared by a licensed civil engineer registered in the State of California. As determined by the Public Works Department, the improvements shall include new and/or remove and replace to City standards, the following: 280 linear feet of sidewalk, commercial driveway apron with a maximum width of 30 feet, curb and gutter, asphalt concrete on aggregate base to the centerline of the street along entire subject property frontage, connection to City water main for irrigation purposes, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, two new street trees, and provide adequate positive drainage from site. Any work in the public right-ofway requires a Public Works Permit. e. South Quarantina Street Trees. Planning Commission approves the configuration of the public frontage improvements with variation in widths of parkway in order to preserve the existing street trees. If the trees should be damaged or removed during construction and require replacement, the project shall implement the standard 4’-0” parkway and 6’-0” sidewalk dimensions for the full width of street frontage.
f. Construction-Related Truck Trips. Construction-related truck trips for trucks with a gross vehicle weight rating of three tons or more shall not be scheduled during peak hours (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.) in order to help reduce truck traffic on adjacent streets and roadways. g. Agreement to Construct and Install Improvements. The Owner shall submit an executed Agreement to Construct and Install Improvements, prepared by the Engineering Division, an Engineer’s Estimate, signed and stamped by a registered civil engineer, and securities for construction of improvements prior to execution of the Agreement.

2. Community Development Department.
a. Lot Tie Agreement. The project is required to record a lot tie agreement tying the four subject parcels together to allow storm water treatment and landscape irrigation across the property lines. Before the building permit associated with this project will be issued, the lot tie agreement must be signed by all relevant parties, notarized, and recorded at the County. Submit a draft agreement for staff review.

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b. Final Habitat Mitigation Monitoring Plan. The Owner shall implement the Draft Habitat Mitigation Monitoring Plan prepared by Dudek dated August 2021 for the project. Submit a Final Habitat Mitigation Monitoring Plan for the wetland area for review and approval by the Environmental Analyst. This plan shall include a contractual agreement with a Native Habitat Restoration Contractor, a contractual agreement for a maintenance agreement, and a contractual agreement with a Cityapproved biologist to monitor implementation as outlined in the Draft Habitat Mitigation Monitoring Plan.
c. Habitat Restoration Plan Contract. Submit for review and approval by the Environmental Analyst a contract with a qualified consultant acceptable to the City for the five-year maintenance and monitoring period as described in the approved Final Habitat Restoration Plan.
d. Drainage and Water Quality. The project is required to comply with Tier 3 of the 2013 Storm Water BMP Guidance Manual, pursuant to Santa Barbara Municipal Code Chapter 22.87. The Owner shall submit a final storm water report prepared by a registered civil engineer or licensed architect demonstrating that the new development will comply with the City’s storm water regulations. Project plans for grading, drainage, stormwater facilities and treatment methods, and project development, shall be subject to review and approval by the City Building Division and Public Works Department. Sufficient engineered design and adequate measures shall be employed to ensure that no unpermitted construction-related or long-term effects from increased runoff, erosion and sedimentation, urban water pollutants, or groundwater pollutants would result from the project. e. Design Review Requirements. Plans shall show all design, landscape and tree protection elements, as approved by the appropriate design review board and as outlined in Section C “Design Review,” and all elements/specifications shall be implemented on-site.
f. Conditions on Plans/Signatures. The final Resolution shall be provided on a full size drawing sheet as part of the drawing sets. The following statement shall be signed prior to issuance of and permits: The undersigned have read and understand the required conditions, and agree to abide by any and all conditions which are their usual and customary responsibility to perform, and which are within their authority to perform.

Signed:
_____________________________________________________________ Property Owner Date
_____________________________________________________________ Contractor Date License No.
_____________________________________________________________ Architect Date License No.
_____________________________________________________________ Engineer Date License No.

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

1. Construction Contact Sign. Immediately after Building permit issuance, signage shall be posted at the points of entry to the site that list the contractor(s) name, contractor(s) telephone number(s), to assist Building Inspectors and Police Officers in the enforcement of the conditions of approval. Said sign shall not exceed six feet in height from the ground if it is free-standing or placed on a fence.

2. Construction Storage/Staging. Construction vehicle/ equipment/ materials storage and staging shall be done on-site. No parking or storage shall be permitted within the public right-of-way, unless specifically permitted by the Public Works Director with a Public Works permit.

3. Soil Management Plan. The project must complete the Soil Management Plan and Corrective Action Plan Addendum as directed by the Santa Barbara County Public Health Department Environmental Health Services Division (EHS) and receive EHS approval.

4. Removal of Existing Trees.
a. Activities that could impact nesting or breeding birds (including tree trimming, tree removal, construction activities, noise, vibration, or lighting) shall be prohibited during the nesting and breeding season for birds (February 1-August 30) where feasible.
b. If it is not feasible to complete such work outside the bird nesting and breeding season, then work may be approved by the City Environmental Analyst subject to a condition requiring bird nesting and breeding surveys. These surveys shall be performed by a qualified biologist no more than fourteen calendar days prior to the start of any activities that could impact nesting or breeding birds. If active nesting or breeding is found, activities that could impact the nesting birds shall be prohibited until any active nest is vacated. If any activities must occur to remediate an imminent danger, measures shall be implemented to avoid and minimize impacts to nesting birds.
c. In the event that an active nest not previously identified is discovered during any tree trimming, tree removal, or construction activity, the contractor shall immediately cease all activities in the area of operations and shall notify the City’s Environmental Analyst. Thereafter, a qualified biologist must inspect the site and follow the abovementioned procedures to protect the nesting birds.

5. Air Quality and Dust Control. The following measures shall be shown on grading and building plans and shall be adhered to throughout grading, hauling, and construction activities:
a. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this should include wetting down such areas in the late morning and after PLANNING COMMISSION RESOLUTION NO.005 –23
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work is completed for the day. Increased watering frequency should be required whenever the wind speed exceeds 15 mph. Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption.
b. Minimize amount of disturbed area and reduce on site vehicle speeds to 15 miles per hour or less.
c. If importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin.
d. A track-out prevention device shall be installed at all access points to prevent tracking of mud and dirt onto public roads.
e. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur. f. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Air Pollution Control District prior to land use clearance for map recordation and land use clearance for finish grading of the structure. g. All portable diesel-powered construction equipment shall be registered with the state’s portable equipment registration program OR shall obtain an APCD permit. h. Fleet owners of mobile construction equipment are subject to the California Air Resource Board (CARB) Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel particulate matter (PM) and criteria pollutant emissions from in-use (existing) off-road diesel-fueled vehicles. For more information, please refer to the CARB website at www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. i. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavy-duty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible. j. Diesel construction equipment meeting the California Air Resources Board (CARB) Tier 1 emission standards for off-road heavy-duty diesel engines shall be used. Equipment meeting CARB Tier 3 or higher emission standards should be used to the maximum extent feasible.
k. Diesel powered equipment should be replaced by electric equipment whenever feasible.

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l. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California.
m. Catalytic converters shall be installed on gasoline-powered equipment, if feasible. n. All construction equipment shall be maintained in tune per the manufacturer’s specifications.
o. The engine size of construction equipment shall be the minimum practical size. p. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time. Construction worker trips should be minimized by requiring carpooling and by providing for lunch onsite.

6. Unanticipated Archaeological Resources Contractor Notification. Standard discovery measures shall be implemented per the City master Environmental Assessment throughout grading and construction: Prior to the start of any vegetation or paving removal, demolition, trenching or grading, contractors and construction personnel shall be alerted to the possibility of uncovering unanticipated subsurface archaeological features or artifacts.

If such archaeological resources are encountered or suspected, work shall be halted immediately, the City Environmental Analyst shall be notified and the Owner shall retain an archaeologist from the most current City Qualified Archaeologists List. The latter shall be employed to assess the nature, extent and significance of any discoveries and to develop appropriate management recommendations for archaeological resource treatment, which may include, but are not limited to, redirection of grading and/or excavation activities, consultation and/or monitoring with a Barbareño Chumash representative from the most current City qualified Barbareño Chumash Site Monitors List, etc.

If the discovery consists of possible human remains, the Santa Barbara County Coroner shall be contacted immediately. If the Coroner determines that the remains are Native American, the Coroner shall contact the California Native American Heritage Commission.

A Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all further subsurface disturbance in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.

If the discovery consists of possible prehistoric or Native American artifacts or materials, a Barbareño Chumash representative from the most current City Qualified Barbareño Chumash Site Monitors List shall be retained to monitor all further subsurface disturbance in the area of the find. Work in the area may only proceed after the Environmental Analyst grants authorization.

A final report on the results of the archaeological monitoring shall be submitted by the City-approved archaeologist to the Environmental Analyst within 180 days of completion of the monitoring and prior to any certificate of occupancy for the project.

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F. Prior to Certificate of Occupancy. Prior to issuance of the Certificate of Occupancy, the Owner of the Real Property shall complete the following:

1. Repair Damaged Public Improvements. Repair any public improvements (curbs, gutters, sidewalks, roadways, etc.) or property damaged by construction subject to the review and approval of the Public Works Department per SBMC §22.60. Where tree roots are the cause of the damage, the roots shall be pruned under the direction of a qualified arborist.

2. Complete Public Improvements. Public improvements, as shown in the public improvement plans or building plans, shall be completed.

G. General Conditions.

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

2. Approval Limitations.
a. The conditions of this approval supersede all conflicting notations, specifications, dimensions, and the like which may be shown on submitted plans. b. All buildings, roadways, parking areas and other features shall be located substantially as shown on the plans approved by the Planning Commission. c. Any deviations from the project description, approved plans or conditions must be reviewed and approved by the City, in accordance with the Planning Commission Guidelines. Deviations may require changes to the permit and/or further environmental review. Deviations without the above-described approval will constitute a violation of permit approval.

3. Litigation Indemnification Agreement. In the event the Planning Commission approval of the Project is appealed to the City Council, Applicant/Owner hereby agrees to defend the City, its officers, employees, agents, consultants and independent contractors (“City’s Agents”) from any third party legal challenge to the City Council’s denial of the appeal and approval of the Project, including, but not limited to, challenges filed pursuant to the California Environmental Quality Act (collectively “Claims”). Applicant/Owner further agrees to indemnify and hold harmless the City and the City’s Agents from any award of attorney fees or court costs made in connection with any Claim.

Applicant/Owner shall execute a written agreement, in a form approved by the City Attorney, evidencing the foregoing commitments of defense and indemnification within thirty (30) days of being notified of a lawsuit regarding the Project. These commitments of defense and indemnification are material conditions of the approval of the Project. If Applicant/Owner fails to execute the required defense and indemnification agreement within the time allotted, the Project approval shall become null and void absent subsequent acceptance of the agreement by the City, which acceptance shall be within the City’s sole and absolute discretion. Nothing contained in this condition shall prevent the City or the PLANNING COMMISSION RESOLUTION NO.005 –23
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City’s Agents from independently defending any Claim. If the City or the City’s Agents decide to independently defend a Claim, the City and the City’s Agents shall bear their own attorney fees, expenses, and costs of that independent defense.

III. Said approval is subject to the following time Limits:

The Planning Commission action approving the Coastal Development Permit shall expire two (2) years from the date of final action upon the application, per Santa Barbara Municipal Code §28.44.230, unless:

1. Otherwise explicitly modified by conditions of approval for the coastal development permit.

2. A Building permit for the work authorized by the coastal development permit is issued prior to the expiration date of the approval.

3. The Community Development Director grants an extension of the coastal development permit approval. The Community Development Director may grant up to three (3) oneyear extensions of the coastal development permit approval. Each extension may be granted upon the Director finding that: (i) the development continues to conform to the Local Coastal Program, (ii) the applicant has demonstrated due diligence in completing the development, and (iii) there are no changed circumstances that affect the consistency of the development with the General Plan or any other applicable ordinances, resolutions, or other laws.

This motion was passed and adopted on the 13 day of July, 2023 by the Planning Commission of the City of Santa Barbara, by the following vote:

AYES: 3 NOES: 2 (Baucke and Bonderson) ABSTAIN: 0 ABSENT: 2 (Boss and Wardlow) I hereby certify that this Resolution correctly reflects the action taken by the City of Santa Barbara Planning Commission at its meeting of the above date.
_______________________________________________ ____________________________ Kira Esparza, Commission Secretary Date
PLEASE BE ADVISED:

THIS ACTION OF THE PLANNING COMMISSION CAN BE APPEALED TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS AFTER THE DATE THE ACTION WAS TAKEN BY THE PLANNING COMMISSION.

Referenced and Applicable Coastal Act and
Coastal Land Use Plan Policies
Coastal Act Policies
ARTICLE 2 – PUBLIC ACCESS
30211. Development shall not interfere with the public’s right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. 30214. (a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following:
(1) Topographic and geologic site characteristics.
(2) The capacity of the site to sustain use and at what level of intensity. (3) The appropriateness of limiting public access to the right to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses.
(4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter.
(b) It is the intent of the Legislature that the public access policies of this article be carried out in a reasonable manner that considers the equities and that balances the rights of the individual property owner with the public’s constitutional right of access pursuant to Section 4 of Article X of the California Constitution. Nothing in this section or any amendment thereto shall be construed as a limitation on the rights guaranteed to the public under Section 4 of Article X of the California Constitution.
(c) In carrying out the public access policies of this article, the commission and any other responsible public agency shall consider and encourage the utilization of innovative access management techniques, including, but not limited to, agreements with private organizations which would minimize management costs and encourage the use of volunteer programs.

ARTICLE 6 – DEVELOPMENT
Section 30250 Location; existing developed area
(a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases for agricultural uses, outside existing developed areas shall be permitted only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels.
(b) Where feasible, new hazardous industrial development shall be located away from existing developed areas.

ATTACHMENT 5
(c) Visitor-serving facilities that cannot feasibly be located in existing developed areas shall be located in existing isolated developments or at selected points of attraction for visitors.

Section 30251 Scenic and visual qualities
The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.

Section 30252 Maintenance and enhancement of public access The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads, (3) providing nonautomobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation, (5) assuring the potential for public transit for high intensity uses such as high-rise office buildings, and by (6) assuring that the recreational needs of new residents will not overload nearby coastal recreation areas by correlating the amount of development with local park acquisition and development plans with the provision of onsite recreational facilities to serve the new development.

Section 30253 Minimization of adverse impacts
New development shall do all of the following:
(a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (b) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs.
(c) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Board as to each particular development.
(d) Minimize energy consumption and vehicle miles traveled. (e) Where appropriate, protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses.

Chapter 6 Implementation
30500.
(a) Each local government lying, in whole or in part, within the coastal zone shall prepare a local coastal program for that portion of the coastal zone within its jurisdiction. However, any local government may request, in writing, the commission to prepare a local coastal program, or a portion thereof, for the local government. Each local coastal program prepared pursuant to this chapter shall contain a specific public access component to assure that maximum public access to the coast and public recreation areas is provided.
(b) Amendments to a local general plan for the purpose of developing a certified local coastal program shall not constitute an amendment of a general plan for purposes of Section 65358 of the Government Code.
(c) The precise content of each local coastal program shall be determined by the local government, consistent with Section 30501, in full consultation with the commission and with full public participation.

Local Coastal Program Land Use Plan Policies

DEVELOPMENT REVIEW POLICIES
Policy 1.2-1 Coastal Act. The Chapter 3 policies of the Coastal Act (Sec�ons 30210 through 30265.5) provide the guiding policies of the Coastal Land Use Plan (LUP).

Policy 1.2-2 Resolu�on of Policy Conflicts. Where policies within the Coastal LUP overlap, the policy which is most protec�ve of resources, i.e., land, water, air, etc., shall take precedence.

LAND USE & DEVELOPMENT POLICIES

CITY PLANNING EFFORTS & PROGRAMS
Policy 2.1-16 Si�ng of New Development. As outlined in Coastal Act Sec�on 30250(a), new and substan�ally redeveloped residen�al, commercial, or industrial development, except as otherwise provided in the Coastal LUP, shall be located within, con�guous with, or in close proximity to, exis�ng developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumula�vely, on coastal resources.

PUBLIC ACCESS POLICIES

CITY PLANNING EFFORTS & PROGRAMS
Policy 3.1-7 Encourage Sustainable Transporta�on. Encourage use of sustainable transporta�on, (i.e., pedestrian, bicycle, and transit) to the shoreline, along the coast, and throughout the Coastal Zone.

Policy 3.1-16 Parking Supply and Management. Improve parking supply and op�mize exis�ng parking resources to ensure adequate parking is available for coastal access and other purposes. The following methods shall be considered, consistent with the protec�on of coastal resources:

A. Extend the Central Business District, Parking and Business Improvement Area, and Parking Zones of Benefit where appropriate and feasible to maximize visitor access and parking resources; B. Allow offsite (shared use) private parking facili�es for new development and substan�al redevelopment to consolidate parking resources where appropriate and feasible; C. Manage public parking supplies to increase visitor access to the Coastal Zone; and D. Amend off-street parking requirements for development.

DEVELOPMENT REVIEW POLICIES
Policy 3.1-21 Public Access and Development. As outlined in Coastal Act Sec�on 30211, development shall not interfere with the public’s right of access to the sea where acquired through use or legisla�ve authoriza�on, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegeta�on.

Policy 3.1-23 Mi�ga�on Required for Traffic Impacts Affec�ng Public Access. New development and substan�al redevelopment which would result in project specific, poten�ally significant adverse traffic impacts affec�ng public access to and along the shoreline and coastal recrea�on areas shall provide mi�ga�on measures as a condi�on of development including, if appropriate: provisions of bikeways and bike facili�es, pedestrian walkways, street circula�on improvements, or other appropriate means of mi�ga�on.

Policy 3.1-26 New Development and Sustainable Transporta�on. As outlined in Coastal Act Sec�on 30253 (d), new development and substan�al redevelopment shall minimize energy consump�on and vehicle miles traveled.

Policy 3.1-29 Off-Street Parking for New Development and Substan�al Redevelopment.

A. Parking standards in the Zoning Ordinance are designed to ensure sufficient off-street parking is provided for new development and substan�al redevelopment so as to avoid significant adverse impacts to public access to the shoreline and coastal recrea�on areas. Off-street parking for new development and substan�al redevelopment, therefore, shall be consistent with the Zoning Ordinance.

B. Zoning modifica�ons to allow reduced off-street parking in the West Beach, Lower State, and East Beach Component Areas shall only be approved if a project specific evalua�on of parking demand shows that the reduced parking will provide for the an�cipated parking demand generated by the development.

In determining parking demand, the following may be considered: proximity to transit facili�es; mix of uses in the immediate area; offsite parking agreements; and provisions of a transporta�on demand management plan where it is demonstrated that the plan’s measures will sufficiently reduce the demand for parking.

BIOLOGICAL RESOURCES POLICIES

DEVELOPMENT REVIEW POLICIES
Policy 4.1-17 Development within Habitat Buffer Areas.

A. New development and substan�al redevelopment shall only be allowed in ESHA, wetland, and creek habitat buffers if it does not significantly disrupt the habitat values of ESHAs, wetlands, or creeks and may include:
i. Habitat crea�on, restora�on, and/or enhancement ac�vi�es; ii. Public accessways, trails, and associated minor improvements.

Impervious trails, accessways, and associated minor improvements shall be located a minimum of 35 feet from the top of bank of any creek to the extent feasible;
iii. Direc�onal, educa�onal, and interpre�ve signs to protect public safety, manage open space areas, educate, and direct public access; iv. Nature study;
v. ESHA-, wetland-, and creek-related educa�onal uses;
vi. Bioswales or other bioengineered or non-structural storm water Best Management Prac�ces (BMPs), provided that encroachment into the
habitat buffer is minimized to the extent feasible and the BMP is designed to avoid impacts to ESHAs, wetlands, and creeks;
vii. Improvements to exis�ng roads, road rights-of-way, u�li�es, public infrastructure and facili�es, and public parking lots in a manner that involves no increase in development footprint for the por�on within the habitat buffer area. If the improvement involves reloca�on, the new site shall be located no closer to ESHAs, wetlands, or creeks than the exis�ng site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
viii. Fuel modifica�on required by the City Fire Department to meet the Fire Code Defensible Space Requirements for exis�ng development in High Fire Hazard Areas;
ix. Geologic tes�ng or boring;
x. Mosquito abatement; and
xi. The following uses may be allowed where the encroachment into the habitat buffer is minimized to the extent feasible, where all feasible mi�ga�on measures have been provided to minimize adverse environmental effects, and the maximum feasible habitat buffer between the development and the habitat is provided:
a. Adjacent to wetland areas, incidental public services and u�li�es and development required to complete a project pursuant to Policy 4.1-7 Diking, Filling, or Dredging of Coastal Waters and Wetlands;
b. Adjacent to creek areas, flood control projects necessary for public safety or to protect exis�ng development, and necessary water supply and wastewater projects;
c. Fuel modifica�on only when required by the City Fire Department to meet the Fire Code Defensible Space
Requirements for a new or substan�ally redeveloped primary structure in a High Fire Hazard Area. New and substan�ally redeveloped accessory structures shall be sited to ensure that vegeta�on management necessary to meet City Fire Code
Defensible Space Requirements does not occur within habitat buffers to ESHAs, wetlands, or creeks;
d. Structural, non-earthen storm water BMPs, provided that they are located a minimum of 35 feet from top of bank of any creek; e. Limited exterior ligh�ng for safety purposes; and
f. Fences or natural barriers necessary for safety, restora�on, protec�on of habitat, or water quality improvement.

B. New development and substan�al redevelopment that is not allowed within ESHA, wetland, and creek habitat buffers pursuant to subsec�on A. above shall also not be allowed to overhang or otherwise par�ally encroach into ESHA, wetland, and creek habitat buffers.

Policy 4.1-36 Bird Breeding and Nes�ng.

A. Ac�vi�es that could impact nes�ng or breeding birds (including tree trimming, tree removal, construc�on ac�vi�es, noise, vibra�on, or ligh�ng) within or adjoining ESHAs, creeks, wetlands, special wildlife areas, or known nes�ng or breeding areas shall be prohibited during the nes�ng and breeding season for birds (February 1-August 30) where feasible.

B. If it is not feasible to complete such work outside the bird nes�ng and breeding season, then work may be approved subject to a condi�on requiring bird nes�ng and breeding surveys. These surveys should be performed by a qualified biologist no more than fourteen calendar days prior to the start of any ac�vi�es that could impact nes�ng or breeding birds. If ac�ve nes�ng or breeding is found, ac�vi�es that could impact the nes�ng birds shall be prohibited un�l any ac�ve nest is vacated. If any ac�vi�es must occur to remediate an imminent danger, measures shall be implemented to avoid and minimize impacts to nes�ng birds.

C. In the event that an ac�ve nest not previously iden�fied is discovered during any tree trimming, tree removal, or construc�on ac�vity, the contractor shall immediately cease all ac�vi�es in the area of opera�ons and shall no�fy the City’s Environmental Analyst. Therea�er, a qualified biologist must inspect the site and follow the abovemen�oned procedures to protect the nes�ng birds.

WATER QUALITY POLICIES

DEVELOPMENT REVIEW POLICIES
Policy 4.2-22 Storm Water Management. All development shall be planned, sited, and designed to protect the water quality and hydrology of coastal waters in accordance with the requirements of the City’s Storm Water Management Program, approved by the Central Coast Regional Water Quality Control Board under California’s statewide Na�onal Pollutant Discharge Elimina�on System (NPDES) Phase II Small Municipal Separate Storm Sewer System (MS4) Storm Water Permit (Order No. 2013-0001 DWQ, effec�ve July 1, 2013, or any amendment to or re-issuance thereof).

Policy 4.2-23 Minimize Water Quality Impacts During Construc�on. Minimize water quality impacts during construc�on by:

A. Minimizing the project footprint, including area required for road access and required fire protec�on for the proposed development;
B. Minimizing land disturbance ac�vi�es of construc�on (e.g., clearing, grading, and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas, and erosive soils);
C. Phasing grading ac�vi�es;
D. Preven�ng unnecessary soil compac�on;
E. Implemen�ng an erosion and sediment control plan that includes BMPs to stabilize soil and prevent pollu�on through erosion preven�on techniques and sediment control measures;
F. Implemen�ng BMPs to minimize the discharge of other pollutants resul�ng from construc�on ac�vi�es (such as paints, solvents, vehicle fluids, asphalt and cement compounds, preserva�ves from treated wood, trash, and debris) into runoff or coastal waters; and
G. Monitoring land disturbance ac�vi�es to ensure conformance to approved plans.

Policy 4.2-24 Revegeta�on. Areas disturbed by development ac�vity shall, to the extent feasible, be revegetated prior to the rainy season (November 1-April 15).

SCENIC RESOURCES & VISUAL QUALITY POLICIES

DEVELOPMENT REVIEW POLICIES
Policy 4.3-2 Restore and Enhance Visually Degraded Areas. Development shall, where feasible, restore and enhance visual quality in visually degraded areas.

Policy 4.3-3 Design Review. Development in the Coastal Zone shall be reviewed by the Architectural Board of Review, Historic Landmarks Commission, or Single Family Design Board in accordance with established rules and procedures, as applicable. If any of the rules, procedures, or ac�ons of these design review boards/commissions conflict with the policies of the Coastal LUP, the policies of the Coastal LUP shall take precedence.

Policy 4.3-7 Compa�ble Development. Development shall be sited and designed to be visually compa�ble with the character of surrounding areas and where appropriate, protect the unique characteris�cs of areas that are popular visitor des�na�on points for recrea�onal uses.

Policy 4.3-11 Landscape Plans Required. Applica�ons for new development and substan�al redevelopment shall be required to have an approved landscape plan prepared by a licensed design professional that demonstrates that the landscaping associated with the new development or substan�al redevelopment is visually compa�ble with the character of the area and minimizes impacts to visual and scenic resources. As a condi�on of the permit, the applicant shall be required to implement and fulfill all obliga�ons of the landscape plan for the life of the development. The following standards shall apply:
 Ensure vegeta�on choices are appropriate for environmental condi�ons, including but not limited to, exposure, soil, and water needs. Unless otherwise specified in Policies

4.1-17 or 5.1-38, within and near areas of natural vegeta�on and natural habitats, require drought-tolerant plant species, except where inappropriate for the given habitat type (e.g., creek beds and wetlands), that blend with the exis�ng natural vegeta�on and natural habitats on the site. Within High Fire Hazard Areas, plant species should be fire retardant. The use of any plant species listed as problema�c, a noxious weed, or invasive by the California Na�ve Plant Society, the California Exo�c Pest Plant Council, the State of California, or the federal government shall be avoided unless necessary for habitat restora�on of a sensi�ve species (e.g., Monarch Buterfly).  Landscaping shall be designed to avoid obstruc�ng or limi�ng public view impacts for the life of the development. Plant materials shall be chosen to avoid impacts at their maximum growth poten�al. The property owner shall maintain new plant materials to avoid their inadvertently intruding into the protected viewshed.  Landscaping and irriga�on shall be planned with considera�on for water conserva�on through use of water-wise plant species; water-efficient irriga�on systems, including using microspray, drip irriga�on, and mulching; and designing irriga�on to eliminate runoff.
 Enforce City regula�ons that require maintenance of the trees, plants, irriga�on systems, and other improvements shown on an approved landscape plan.

Policy 4.3-12 Screen Parking Facili�es. Parking facili�es shall be planted with landscape screening where visible from a public viewing area to the maximum extent feasible while maintaining public scenic views.

Policy 4.3-13 Tree Protec�on and Replacement.

A. Trees qualifying as ESHA shall be fully protected as required by the Biological Resources protec�on policies (Policy 4.1-1 et seq.).

B. For non-ESHA trees:
i. Development shall be sited and designed to preserve and protect, to the extent feasible, mature trees (trees four inches in diameter or greater at four feet six inches above grade in height) and trees important to the visual quality of the property;
ii. Mature or visually important trees should be integrated into the project design rather than removed or impacted through encroachment into the root zones; and
iii. Where the removal of mature or visually important trees cannot be avoided through the implementa�on of project alterna�ves or where development encroachments into the root zone result in the loss or worsened health of the trees, the removed tree(s) shall be replaced on a minimum 1:1 basis. This standard can also be increased up to 10:1 depending on the type of tree removed, lot size, and size and expected survival rate of replacement trees.

COASTAL HAZARDS POLICIES

DEVELOPMENT REVIEW POLICIES
Policy 5.1-18 Hazard Risk Reduc�on. New development and substan�al redevelopment shall do all of the following, over the expected life of the development, factoring in the effects of sea level rise:

A. Minimize risks to life and property from high geologic, flood, and fire hazards; B. Assure stability and structural integrity; and
C. Neither create nor contribute significantly to erosion, geologic instability, or destruc�on of the site or surrounding area.

Policy 5.1-19 Adapta�on in Development. New development and substan�al redevelopment shall consider the expected life of proposed development in conjunc�on with the best available informa�on on climate change effects, par�cularly sea level rise, and incorporate adapta�on measures, as needed, in the loca�on, si�ng, and design of structures in order to minimize hazards and protect coastal resources for the life of the development.

Policy 5.1-28 Minimize the Effects of High Flood Hazard. New development and substan�al redevelopment shall meet the following requirements over the expected life of the development, factoring in the effects of sea level rise:

A. Avoid high flood hazards where feasible;
B. Where avoidance of high flood hazards cannot be feasibly achieved, minimize flood risk by increasing eleva�on of structures, restric�ng basements or habitable floor area below grade, restric�ng grading, restric�ng fencing or yard enclosures that cause water to pond, and/or u�lizing flood proof materials consistent with local building requirements; and
C. Neither create nor contribute significantly to downstream flooding, erosion, geologic instability, or destruc�on of the site or surrounding area.

PUBLIC WORKS & ENERGY FACILITIES POLICIES

DEVELOPMENT REVIEW POLICIES
Policy 6.1-14 Hazardous Substances. Development involving the transport of hazardous materials shall be evaluated during environmental review for poten�al health, safety, and coastal resource adverse impacts. New development and substan�al redevelopment shall minimize use and produc�on of hazardous waste to the extent feasible, and in projects where poten�al health, safety, and coastal resource adverse impacts are iden�fied, appropriate measures to minimize the risk of adverse impacts shall be required.

Santa Barbara City CouncilSeptember 12, 2023

Santa Barbara City Council
September 12, 2023