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
OCTOBER 3, 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. 10/03/2023 Santa Barbara City Council Final Agenda Page 1 OCTOBER 3, 2023 AGENDA
REGULAR CITY COUNCIL MEETING – 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Employee Recognition – Service Award Pins
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 October 31, 2023.
2. Subject: Breast Cancer Awareness Month October 2023 (120.04)
CHANGES TO THE AGENDA
CONSENT CALENDAR
3. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the special meetings of August 29, 2023; September 12, 2023; and the regular meetings of August 29, 2023; September 12, 2023.
4. Subject: Continuing the State Street Promenade Pilot Program, Adding Title 31 to the Santa Barbara Municipal Code, and Update on State Street Interim Operations [Ordinance Adoption] (530.04)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Adding Title 31 Relating to the State Street Promenade.
5. Subject: Development Agreement for 400 W. Carrillo Street Residential Building [Ordinance Adoption] (640.1)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Development Agreement for a 63-Unit Residential Building at 400 W. Carrillo Street by and Between the City of Santa Barbara and Housing Authority of the City of Santa Barbara. 10/03/2023 Santa Barbara City Council Final Agenda Page 2
6. Subject: Third Increase and Time Extension for Aviation Planning Services Contract for the Fixed Based Operator Redevelopment Project [Resolution; Agreement] (560.01)
Recommendation: That Council:
A. Authorize the Airport Director to execute a third amendment to Contract No. 26,343 with Jacobs Engineering Group Inc., to increase the contract by $52,000 and to extend the term of the contract to June 30, 2024 to continue professional support for aviation planning services for the Fixed Based Operator Redevelopment Project; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2024, to Appropriate Funds for an Increase in Aviation Planning Services for the Fixed Based Operator Redevelopment Project in the Amount of $52,000.
7. Subject: Appropriate Funds and Authorize a Professional Services Agreement for a Report to Determine Property Financial Assessments for the Creation of a Utilities Undergrounding Assessment District for the 800 Block of Jimeno Road [Resolution; Agreement] (530.07)
Recommendation: That Council:
A. Authorize the Public Works Director to execute a professional services agreement with Harris & Associates, Inc., in the amount of $52,210 to prepare an Assessment Engineer’s Report; 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 800 Block of Jimeno Road Underground Utilities Assessment Engineer’s Report.
8. Subject: Professional Services Agreement with HDR Engineering, Inc., for Multi-Year Water and Wastewater Rate Studies [Agreement] (540.11) Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with HDR Engineering, Inc., in the amount of $165,595 for comprehensive Water and Wastewater Rate Studies and authorize the Public Works Director to approve expenditures of up to $16,560 for extra services that may result from necessary changes in the scope of work for a total contract amount not to exceed $182,155.
10/03/2023 Santa Barbara City Council Final Agenda Page 3
PUBLIC COMMENT
PULLED CONSENT ITEMS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC WORKS DEPARTMENT
9. Subject: Annual Capital Improvement Program Project Status Report (230.01)
Recommendation: That Council receive this status report regarding recently completed Capital Improvement Program projects, as well as projects currently in design or construction.
COMMUNITY DEVELOPMENT DEPARTMENT
10. Subject: Application Process for Permitting Outdoor Dining on Private Property [Resolution] (530.04)
Recommendation: That Council:
A. Receive an informational report on the application process for permitting outdoor dining on private property; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara to Amend the City of Santa Barbara Schedule of Penalties, Fees, and Service Charges to Add a New Permit Fee for a Coastal Development Permit for Outdoor Dining on Private Property by Inserting a Replacement Page into Resolution No. 23-078 Adopted on June 13, 2023, which Became Effective on July 1, 2023, or as Provided Therein.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: October 3, 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 October 31, 2023.
DISCUSSION:
The City appreciates the loyalty to the community and the dedication to public service that are demonstrated by City employees throughout the organization every day. Since 1980, the City Employees’ Recognition Program has recognized length of City Service. Service award pins are presented to employees for every five years of service. Those employees achieving 25 years of service or more are eligible to receive their pins in front of the City Council.
Attached is a list of those employees who will be awarded pins for their service through October 31, 2023.
ATTACHMENT: October 2023 Service Awards
PREPARED BY: Talhia Dorado, Administrative Specialist
SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office
Agenda Item No. 1
ATTACHMENT
October 2023 SERVICE AWARDS
October 3, 2023 Council Meeting
5 Years
James Martinez, Senior Plans Examiner, Community Development Department Saul Amezquita, Police Officer, Police Department
Brandon Prelesnik, Police Officer, Police Department
Felix Betancourt, Waterfront Maintenance Worker II, Waterfront Department 10 YEARS
James Hamilton, Community Development Business Manager, Community Development Department
Kyle Rapp, Police Officer, Police Department
Brett Volpi, Street Tree Supervisor, Parks & Recreation Department Agenda Item No. 2
File Code No. 120.04
08/29/2023 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
AUGUST 29, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 10:30 a.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: Alejandra Gutierrez.
Staff present: Human Resources Wendy Levy, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
HUMAN RESOURCES REPORT
1. Subject: Public Employment Recruitment (440.03)
Recommendation: That Council discuss and offer recommendations concerning the process of recruitment for the position of City Administrator.
Documents:
- August 29, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared by staff.
Speakers:
- Staff: Human Resources Manager Wendy Levy; Assistant City Attorney John Doimas.
- Members of the Public: None.
Discussion:
- Councilmembers’ questions were answered.
Agenda Item No. 3
08/29/2023 Santa Barbara City Council Minutes Page 2 of 2 Motion:
Councilmember Harmon/Friedman to retain an outside recruiter who specializes in local government executive recruiting and establish an ad hoc committee to work with the recruiting agency and Human Resources with the committee consisting of Mayor Rowse, Mayor Pro Tem A. Gutierrez, and Councilmember Jordan.
Vote:
Unanimous roll call vote (Absent: Councilmember A. Gutierrez)
ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:15 a.m.
Approved and adopted by the City Council of the City of Santa Barbara on October 3, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
09/12/2023 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
SEPTEMBER 12, 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, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: Alejandra Gutierrez.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, Deputy City Clerk Niko Lopez.
CLOSED SESSION
1. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is People of the State of California, et al. v. James Allen Carr, et al., SBSC Case No. 22CV00252.
Scheduling: Duration 30 mins; anytime
Report: None anticipated
Document:
- September 12, 2023, report from the City Attorney.
09/12/2023 Santa Barbara City Council Minutes Page 2 of 2 Time:
- 11:03 a.m. – 11:24 a.m.
No report made.
2. Subject: Conference with City Attorney--Anticipated Litigation -- Gov. Code § 54956.9(d)(2) (160.03)
Recommendation: That Council hold a closed session to consider significant exposure to litigation (one potential case) pursuant to Government Code Section 54956.9(d)(2) and take appropriate action as needed.
The significant exposure to litigation arises from an independent investigation concerning an employment matter.
Scheduling: Duration: 30 minutes; anytime
Report: None anticipated
Document:
- September 12, 2023, report from the City Attorney.
Time:
- 11:25 a.m. – 12:20 p.m.
No report made.
PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA
No one wished to speak.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 12:20 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on October 3, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
08/29/2023 Santa Barbara City Council Minutes Page 1 of 9
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 29, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Finance Committee and Ordinance Committee met at 12:00 p.m.)
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (2:14 p.m.), Oscar Gutierrez (2:01 p.m.), Meagan Harmon (2:01 p.m.), 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 No. 1 – 10)
The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers Friedman/Harmon to approve all Consent Calendar items as recommended.
Vote:
Unanimous roll call vote (Absent: Councilmember A. Gutierrez). 08/29/2023 Santa Barbara City Council Minutes Page 2 of 9
1. Subject: Approval to Subordinate the City’s Affordability Covenant on Sanctuary Center’s Public Benefit Project Located at 115 West Anapamu Street [Ordinance Adoption] (660.04)
Recommendation: That Council 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 recommendation; Ordinance No. 6122; (August 29, 2023 Council Agenda Report and any attachments).
2. Subject: Acceptance of Federal Aviation Administration Airport Improvement Program Grant for the Drainage Master Plan [Resolution] (560.01)
Recommendation: That Council:
A. Accept and authorize the Airport Director to execute, on behalf of the City, Federal Aviation Administration (FAA) Grant No. SBA-WPG-3-06-0235- 074-2023, in an amount not to exceed $335,442 in Airport Improvement Program (AIP) entitlement funds for the Drainage Master Plan Project; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Appropriate Funds for the Drainage Master Plan Project.
Action: Approved the recommendations; Resolution No. 23-109 (August 29, 2023 Council Agenda Report and any attachments).
3. Subject: Amendment to Position Salary Control Resolution 23-081 with Updates to Classification and Compensation for Certain Positions [Resolution] (410.06)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution 23-081, the Position Salary Control Resolution for Fiscal Year 2024, to Amend the Established Salary for Positions as Listed and to Establish the Classifications of Department Systems Supervisor and Library Technician Trainee.
Action: Approved the recommendation; Resolution No. 23-110 (August 29, 2023 Council Agenda Report and any attachments).
08/29/2023 Santa Barbara City Council Minutes Page 3 of 9
4. Subject: July 2023 Investment Report (260.02)
Recommendation: That Council accept the July 2023 Investment Report.
Action: Approved the recommendation (August 29, 2023 Council Agenda Report and any attachments).
5. Subject: Santa Barbara Unified School District Park Ranger Patrol Services and Junior High Afterschool Sports Program [Agreement] (150.05) Recommendation: That Council:
A. Authorize the City Administrator to enter into a one-year agreement with Santa Barbara Unified School District (SBUSD) for Park Ranger Patrol Services at SBUSD properties at a cost to SBUSD in the amount of $34,456; and
B. Authorize the City Administrator to enter into a one-year agreement with Santa Barbara Unified School District (SBUSD) for Junior High Afterschool Sports Program at SBUSD properties at a cost to the City in the amount of $32,000.
Action: Approved the recommendations; Agreement Nos. 28,410; 28,415 (August 29, 2023 Council Agenda Report and any attachments).
6. Subject: Community Promotion Contract with Summer Solstice Celebration [Agreement] (180.02)
Recommendation: That Council authorize the City Administrator to execute an annual community promotion contract with Summer Solstice Celebration, Inc. in an amount not to exceed $64,600 to support year-round administrative expenses for the community event.
Action: Approved the recommendation; Agreement No. 28,411 (August 29, 2023 Council Agenda Report and any attachments).
7. Subject: Agreement to Provide the City of Goleta with Rental Housing Mediation Services for Fiscal Year 2024 [Agreement] (580.03) Recommendation: That Council authorize the Community Development Director to execute an agreement, subject to approval as to form by the City Attorney, to provide Rental Housing Mediation Program (RHMP) services to the City of Goleta for Fiscal Year 2024 in exchange for total compensation of $60,000.
Action: Approved the recommendation; Agreement No. 28,412 (August 29, 2023 Council Agenda Report and any attachments).
08/29/2023 Santa Barbara City Council Minutes Page 4 of 9
8. Subject: Increase in Professional Services Contract for Airport Poly- and Per-Fluoroalkyl Substance (PFAS) Investigation Efforts with GSI Environmental, Inc. [Agreement] (560.01)
Recommendation: That Council authorize the Airport Director to increase the existing Professional Services Agreement with GSI Environmental, Inc., in the amount of $253,000 for site investigation work necessary to implement a Poly- and Per-Fluororalkyl Substance Supplemental Work Plan approved by the Regional Water Quality Control Board.
Action: Approved the recommendation; Agreement No. 28,413 (August 29, 2023 Council Agenda Report and any attachments).
9. Subject: Approval of Purchase Order to John Bean Technologies (JBT) Jetway Systems to Provide Passenger Boarding Bridge Parts and Equipment (560.01)
Recommendation: That Council find it in the City's best interest to waive the formal bid process, as authorized by Municipal Code Section 4.52.060.H., and authorize the City General Services Manager to issue a Purchase Order to John Bean Technologies (JBT) Jetway Systems for providing parts and equipment for the maintenance of the passenger boarding bridges at Santa Barbara Airport in an amount of $359,117.
Action: Approved the recommendation (August 29, 2023 Council Agenda Report and any attachments).
10. Subject: Agreement with George Hills Company for Claim Management Information System Access [Agreement] (350.01)
Recommendation: That Council authorize the Finance Director to execute a fiveyear agreement with George Hills Company allowing the Risk Management Division to utilize a claims management software program, in an amount not to exceed $150,000.
Action: Approved the recommendation; Agreement No. 28,414 (August 29, 2023 Council Agenda Report and any attachments).
This concluded the Consent Calendar.
08/29/2023 Santa Barbara City Council Minutes Page 5 of 9
REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that Finance Committee recommended that City Council approve the Housing Rehabilitation Loan Program Grant for 175 S. La Cumbre.
REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair O. Gutierrez reported that Ordinance Committee voted unanimously to send proposed amendments regarding peddling, soliciting and vending on public and private property to the City Council.
PUBLIC COMMENT
Members of the public: None
PULLED CONSENT ITEMS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. CCWA meeting; 2. CCRB meeting; 3. League of Cities coastal group meeting.
Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. Meeting with Mayor Pro Tem A. Gutierrez regarding the housing crisis task force and then met with Councilmember Sneddon regarding finalizing recommendations to the full Council; 2. Fire and Police Commission meeting.
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. COMB meeting.
Mayor Rowse reported on their attendance at the following events or made the following comments: 1. County Mayors meeting.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
CITY ADMINISTRATOR
11. Subject: Interviews for Fire and Police Commission (140.05) Recommendation: That Council hold interviews of applicants to the Fire and Police Commission.
Documents:
- August 29, 2023 Council Agenda Report and any attachments 08/29/2023 Santa Barbara City Council Minutes Page 6 of 9 Speakers:
- Staff: Senior Assistant to the City Administrator Barbara Andersen - Candidates: Blanca Flor Benedict; Scott Burns; Stephen Lee Byrd; Chris Cline; John Cross; Jane Frederick; Aaron Edward Jones; David Landecker (withdrew application); Steven Nipper (withdrew application); Thomas Parker, Charles Santry; Barbara Ceizler Silver.
- Members of the Public: Lizzie Rodriguez.
Discussion:
- Councilmembers’ questions were answered.
12. Subject: Interviews for the Architectural Board of Review (140.05) Recommendation: That Council hold interviews of applicants to the Architectural Board of Review.
Documents:
- August 29, 2023 Council Agenda Report and any attachment(s) Speakers:
- Staff: Deputy City Clerk Niko Lopez.
- Candidates: Brian Miller; Kate Novotny; Will Sofrin.
- Members of the Public: None.
Discussion:
- Councilmembers’ questions were answered.
MAYOR AND COUNCIL REPORTS
13. Subject: Reporting Out and Recommendations of State Street Interim Operations Ad Hoc Committee (610.01)
Recommendation: That Council receive a report from the members of the State Street Interim Operations Ad Hoc Committee and direct staff on recommendations for proposed operations.
Documents:
- August 29, 2023 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Public Works Manager Brian Bosse; Supervising Transportation Engineer Behdad Gharagozli; Police Chief Kelly Gordon; Supervising Transportation Planner Jessica Grant; Downtown Plaza Parking Manager Sarah Clark; Assistant City Attorney Dan Hentschke.
08/29/2023 Santa Barbara City Council Minutes Page 7 of 9 - Members of the Public: Molly Pearson; Roman Baratiak; Barry Remis; Tristen Miller; Heather Deutsch; Robin Elander; Lee Heller; Dustin Hoiseth; Alex Gravenor; Jason Chapman; Brigitta Van Der Raay; Jim Marston; Sullivan Israel.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Harmon/Friedman for staff to return with a menu of options regarding additional cleaning opportunities on State Street and the surrounding area with prioritization options.
Vote:
Unanimous roll call vote.
Motion:
Councilmember Jordan/A. Gutierrez to direct staff to put in place delineated bike lanes on the eight blocks of the promenade and come back in the future to talk about vertical treatments or meandering opportunities.
Vote:
Unanimous roll call vote.
Motion:
Councilmember Sneddon/Jordan to introduce shuttle service on State Street within the promenade and include information on waterfront area service and to direct staff to follow up after investigating this topic.
Vote:
Unanimous roll call vote.
CITY ADMINISTRATOR
14. Subject: Appointment to the Architectural Board of Review (140.05) Recommendation: That Council make an appointment to the Architectural Board of Review.
Documents:
- August 29, 2023 Council Agenda Report and any attachment(s) Speakers:
- Staff: Deputy City Clerk Niko Lopez.
- Members of the Public: None.
08/29/2023 Santa Barbara City Council Minutes Page 8 of 9 Architectural Board of Review
Councilmember Friedman nominated Will Sofrin. Councilmember Sneddon nominated Brian Miller.
Councilmember Harmon: Sofrin.
Councilmember Friedman: Sofrin.
Councilmember O. Gutierrez: Miller.
Councilmember A. Gutierrez: Sofrin.
Councilmember Sneddon: Miller.
Councilmember Jordan: Sofrin.
Mayor Rowse: Miller.
Appointment: Will Sofrin was appointed to the Architectural Board of Review for a term expiring December 31, 2026.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Supervisor Capps went to Val Verde and met with residents.
Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. Drinks at Dusk at the Mission; 2. Pacific Pride Festival; 3.
State senator Limon’s delegate luncheon; 4. Healing justice black family cookout at Franklin Center.
Councilmember Jordan reported on their attendance at the following events or made the following comments: 1. Going to La Mesa Park tomorrow with Supervisor Capps for neighborhood meet and greet.
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. Pacific Pride Festival; 2. Dignity Moves event.
Mayor Rowse reported on their attendance at the following events or made the following comments: 1. Met with SLO chamber, city council, and staff.
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Rowse adjourned the meeting at 6:55 p.m.
08/29/2023 Santa Barbara City Council Minutes Page 9 of 9 Approved and adopted by the City Council of the City of Santa Barbara on October 3, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
09/12/2023 Santa Barbara City Council Minutes Page 1 of 10
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 12, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:01 p.m. (The Finance Committee and Ordinance Committee, which ordinarily meet at 12:00 p.m., did not meet this day.)
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: Councilmember Alejandra Gutierrez.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: Hispanic Heritage Month - September 15-October 15, 2023 (120.04) Action: Proclamation presented by Mayor Rowse and received by Miguel Avila of the Greater Santa Barbara Hispanic Chamber of Commerce.
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.
09/12/2023 Santa Barbara City Council Minutes Page 2 of 10 Action: City Administrator Rebecca Bjork read the names of employees who received service award pins for their years of service.
CHANGES TO THE AGENDA
There were no changes to the agenda.
CONSENT CALENDAR (Item Nos. 3 – 14)
The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers Harmon/Friedman to approve the entirety of the consent calendar as recommended.
Vote:
Unanimous roll call vote (Absent: Councilmember A. Gutierrez).
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.
Action: Approved the recommendation.
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.
Action: Approved the recommendation; Resolution No. 23-111; (September 12, 2023 Council Agenda Report and any attachments).
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
09/12/2023 Santa Barbara City Council Minutes Page 3 of 10 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.
Action: Approved the recommendations; Resolution No. 23-112; (September 12, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendations; Resolution No. 23-113; (September 12, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendations; Resolution No. 23-114; (September 12, 2023 Council Agenda Report and any attachments).
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:
09/12/2023 Santa Barbara City Council Minutes Page 4 of 10 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.
Action: Approved the recommendations; Resolution No. 23-115; Agreement No. 28,416 (September 12, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendation; Agreement No. 26,919.1 (September 12, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendations; Agreement No. 28,418 (September 12, 2023 Council Agenda Report and any attachments).
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:
09/12/2023 Santa Barbara City Council Minutes Page 5 of 10 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.
Action: Approved the recommendation (September 12, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendation (September 12, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendation (September 12, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendation; Agreement No. 28,419 (September 12, 2023 Council Agenda Report and any attachments).
09/12/2023 Santa Barbara City Council Minutes Page 6 of 10 This concluded the Consent Calendar.
PUBLIC COMMENT
Members of the public: Clint Orr.
PULLED CONSENT ITEMS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. NAC meeting.
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. MTD press conference; 2. SCE wildfire mitigation briefing; 3.
SSAC meeting; 4. Sustainability Committee meeting; 5. CCRB meeting.
Mayor Rowse reported on their attendance at the following events or made the following comments: 1. Meeting with Santos Guzman and Barbara Andersen.
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.
Documents:
- September 12, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Finance Director Keith DeMartini; Waterfront Director Mike Wilshire. 09/12/2023 Santa Barbara City Council Minutes Page 7 of 10 - Members of the Public: Zac Smith.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Sneddon/Jordan to recommend that 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.
Vote:
Unanimous roll call vote (Absent: Councilmembers A. Gutierrez) Motion:
Councilmembers Sneddon/Jordan to 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.
Vote:
Unanimous roll call vote (Absent: Councilmembers A. Gutierrez.)
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.
Documents:
- September 12, 2023 Council Agenda Report and any attachments.
Speakers:
- Staff: Deputy City Clerk Niko Lopez.
- Members of the Public: None.
Fire and Police Commission:
Nominations:
Councilmember Sneddon nominated Aaron Edward Jones. Councilmember Jordan nominated Chris Cline. Mayor Rowse nominated Walter Scott Burns.
Councilmember Sneddon: Jones.
Councilmember Jordan: Cline.
Councilmember Harmon: Jones.
09/12/2023 Santa Barbara City Council Minutes Page 8 of 10 Councilmember Friedman: Jones.
Councilmember O. Gutierrez: Jones.
Mayor Rowse: Burns.
Appointment: Aaron Edward Jones was appointed to the Fire and Police Commission for a term expiring December 31, 2026.
RECESS
3:44 – 4:03 p.m.
QUASI-JUDICIAL HEARING RULES APPLY TO THE FOLLOWING AGENDA ITEM
PUBLIC HEARINGS
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.
Public Hearing opened: 4:02 p.m.
Documents:
- September 12, 2023 Council Agenda Report and any attachments - PowerPoint presentation prepared and made by staff.
- PowerPoint presentation prepared and made by applicant. - PowerPoint presentation prepared and made by appellant. - Written correspondence regarding this item was received and acknowledged.
Ex parte communications:
- Councilmember Harmon disclosed the following ex parte communications:
did not attend official site visit but visited on her own and did not speak with anyone involved.
- Councilmember O. Gutierrez disclosed the following ex parte communications: attempted to attend official site visit but went to different address; spoke with Marborg employee, who discussed the situation. 09/12/2023 Santa Barbara City Council Minutes Page 9 of 10 - Councilmember Sneddon disclosed the following ex parte communications:
attended what would have been official site visit but for lack of quorum and engaged in brief visual survey of scene.
- Councilmember Jordan disclosed the following ex parte communications:
did not attend official site visit but visited the scene on his own the previous Friday and familiarized himself with the site.
- Mayor Rowse disclosed the following ex parte communications: attended what would have been the official site visit but for lack of quorum and spoke with Marborg staff at the site.
Speakers:
- Staff: Associate Planner Tony Boughman; Assistant City Attorney Tava Ostrenger.
- Planning Commission: Sheila Lodge.
- Appellant: Anna Marie Gott.
- Applicant #1: Robert B. Forouzandeh.
- Members of the Public: Hillary Houser.
Councilmember O. Gutierrez was excused at 5:01 p.m.
Discussion:
- Councilmembers’ questions were answered.
Public Hearing closed: 5:10 p.m.
Motion:
Councilmembers Jordan/Friedman to deny the appeal, uphold the Planning Commission approval of the Coastal Development Permit and determination of CEQA exemption, making the required Coastal Act and Coastal LUP findings in Planning Commission Resolution No. 005-23 and directing staff to return to Council with a Decision and Findings Resolution reflecting the outcome today.
Vote:
Unanimous roll call vote (Absent: Councilmembers A. Gutierrez; O.
Gutierrez)
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Walk on Hope Avenue; 2. Veracruz Village grand opening; 3.
SCE Wildfire mitigation briefing; 4. Sustainability Committee; 5. Chamber State of County Event; 6. Environmental Defense Center TGIF event.
09/12/2023 Santa Barbara City Council Minutes Page 10 of 10 Mayor Rowse reported on their attendance at the following events or made the following comments:1. Rope rescue simulation with Councilmember Jordan; 2. Yacht Club’s visiting nurse and hospice regatta; 3. Organ donor celebration; 4. Heroes of Hospice luncheon; 5. Police Foundation Fund for the Force event.
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Rowse adjourned the meeting at 5:13 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on October 3, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
1 ORDINANCE NO. ________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
BARBARA AMENDING THE SANTA BARBARA MUNICIPAL
CODE BY ADDING TITLE 31 RELATING TO THE STATE
STREET PROMENADE
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Background.
A. On May 27, 2020, the City Council adopted Ordinance No. 5944, an uncodified emergency ordinance of the Council of the City of Santa Barbara pertaining to Covid-19 economic recovery.
B. On August 11, 2020, the City Council adopted Ordinance No. 5963, an uncodified emergency ordinance of the Council of the City of Santa Barbara extending and amending Ordinance No. 5944 pertaining to Covid-19 economic recovery.
C. On February 23, 2021, the City Council adopted Ordinance No. 5993, an uncodified emergency ordinance of the Council of the City of Santa Barbara extending and amending Ordinance No. 5944 and Ordinance No. 5963, authorizing the City Administrator to make recovery related amendments to leases for City property and providing additional relief pertaining to Covid-19 economic recovery.
D. On February 1, 2022, the City Council adopted Ordinance No. 6055, commonly referred to as the Economic Recovery Extension and Transition Ordinance or ERETO, an uncodified ordinance of the Council of the City of Santa Barbara providing an economic recovery extension and transition period by amending, restating, and extending provisions previously included in the emergency economic recovery ordinances. Among other things, the ERETO designated State Street between Victoria Street and Haley Street as the State Street Promenade.
E. The ERETO expires on December 31, 2023, according to its terms. The City Council desires to continue the operation of the State Street Promenade as a pilot program pending completion of work of the State Street Advisory Committee and adoption of the State Street Master Plan.
Agenda Item No. 4
File Code No. 530.04
2 F. This Ordinance is adopted as a municipal affair for the benefit, health, safety, and welfare of the people of Santa Barbara pursuant to the City’s power under Vehicle Code Section 21101 and City Charter Sections 400, 401, and 505.
SECTION 2. The Santa Barbara Municipal Code is amended by the adding Title 31 to read as follows:
Title 31 State Street Promenade
Chapter 31.10 Designation
Chapter 31.20 Vehicular Traffic
Chapter 31.30 Outdoor Business Facilities
Chapter 31.40 Enforcement
Chapter 31.10 Designation
31.10.010 State Street Promenade.
State Street between Victoria Street and Haley Street is designated as the State Street Promenade.
Chapter 31.20 Vehicular Traffic
31.20.010 General Prohibition.
A. The State Street Promenade is intended for use primarily by pedestrians as defined in Vehicle Code Section 467, bicycles as defined in Vehicle Code Section 231, and other forms of wheeled personal transportation consistent with use of a multi-use area, such as skateboards and scooters, but excluding automobiles, motorcycles, and similar motor vehicles. Under Vehicle Code Section 467, a pedestrian includes persons using electric personal assistive mobility devices, self-propelled wheelchairs, motorized tricycles, or motorized quadricycles as specified in that Section. Under Vehicle Code Section 231, bicycle includes an electric bicycle. As used in this Section the term motor vehicle has the same meaning as defined in Vehicle Code Section 415 but does not include bicycles or mobility devices used by pedestrians.
B. The State Street Promenade is closed to motor vehicles, except:
1. Emergency service vehicles,
2. Vehicles providing shuttle service by a government agency under terms and conditions established by the City Council.
3. Vehicles used for deliveries, maintenance, solid waste collection service, farmers’ markets, construction activities, and special events, at times and under regulations established by the City Administrator.
3 C. The City Administrator is authorized to establish regulations for use of the roadway portion of the Promenade by pedestrians, bicycles, and other forms of wheeled transportation. Notwithstanding Section 10.06.010 of this Code, skateboards, roller skates, in-line skates, and similar devices are permitted within the roadway portion of the Promenade, subject to regulation adopted under this Subsection. Sidewalks are reserved for exclusive use by pedestrians.
D. The Public Works Director is authorized to install and maintain traffic control signs, devices, fixtures, striping, and structures as approved by the City Engineer and the City Traffic Engineer necessary or convenient to implement this Section, including signs advising of regulations adopted under Subsection C.
E. Traffic regulations promulgated by the City Administrator under Ordinance No. 6055 will continue in effect unless amended or rescinded by the City Administrator as authorized by this Section.
F. The City Administrator, with the consent of the City Traffic Engineer and as directed by the City Council, may authorize motor vehicle use of the portions of the Promenade and modify the roadway portion of the Promenade used by pedestrians, bicycles, and other forms of wheeled transportation.
31.20.020 Additional Area.
The City Administrator, in consultation with the Fire Marshal and the City Traffic Engineer, may maintain modified traffic patterns on Victoria Street between State Street and Chapala Street and the 1300 block of State Street.
31.20.030 Sunset Clause.
This Chapter will remain in effect until the date of adoption of a master plan for downtown State Street or until December 31, 2026, whichever is earlier, unless before that date this Section is amended or repealed.
Chapter 31.30 Outdoor Business Facilities
31.30.010 General Regulations.
A. Notwithstanding Section 9.48.010 of this Code, outdoor business facilities may be located in the roadway portion of the State Street Promenade adjacent to a business premises in compliance with this Section and all of the following:
1. An unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches shall be maintained for fire and emergency vehicle access within the Promenade roadway as determined by the Fire Marshal and the City Traffic Engineer. In addition, an unobstructed area between the curb and the middle of the roadway shall be maintained in the areas in front of the buildings at 4 735, 820, and 1214 State Street as determined by the Fire Marshal. The City Traffic Engineer is directed to maintain a map or diagram of the unobstructed areas required by this paragraph.
2. Before installing and as a condition of maintaining and operating an outdoor business facility, the owner of the facility must execute an outdoor business facility license agreement in a form approved by the Public Works Director and the City Attorney. The owner must comply at all times with all requirements of the agreement including payment of the license fee. The amount of the license fee will be as determined by City Council resolution.
3. The owner of the outdoor business facility must construct, operate, and maintain the outdoor business facility in compliance with the applicable accessibility provisions of the Americans with Disabilities Act and Chapter 11B of Title 24 of the California Code of Regulations. The Public Works Director may require an owner to submit a report by a person certified under California Government Code Section 44559.5 (commonly referred to as a “CASp”) demonstrating compliance with this requirement.
4. The owner must comply with the regulations promulgated by the City Administrator under Section 31.30.040.
5. An outdoor business facility may be operated between 7:00 a.m. to 12:30 a.m., unless an earlier closing time is required as a condition of the Alcoholic Beverage Control liquor license or the City land use permit for the establishment.
6. Outdoor cooking facilities are prohibited. Portable heaters and lighting are permitted as approved by the Fire Marshal.
7. Service of alcoholic beverages is permitted as authorized by and subject to the requirements of the license issued for the business by the California Department of Alcoholic Beverage Control or as otherwise authorized by state law.
B. By placing facilities, equipment, or furnishings under this Section, the owner assumes all risk and agrees to defend, indemnify, and hold harmless the City and its officers, employees, and agents from and against any liability arising from the existence, use, or condition of the facilities, equipment, or furnishings.
C. The owner must maintain insurance at coverage limits and with conditions thereon determined from time to time by the Risk Manager. The owner must maintain a current certificate of insurance on file with the Risk Manager. The certificate of insurance must be provided to the City before approval of an outdoor dining license agreement as required under Subsection A. 2. of this Section.
31.30.020 Additional Authorizations.
A. Vending subject to Chapter 9.49 of this Code is permitted as provided in Section 9.49.110.
B. Outdoor business facilities within the roadway in compliance Section
31.30.010 are exempt from the requirements of Chapter 9.95. Within the sidewalk and street furniture area, outdoor dining facilities may be licensed and permitted under Chapter 9.95 within the frontage of a business provided that the remainder of the sidewalk 5 remains accessible to persons with disabilities as required by state and federal law and an outdoor dining license has been issued under Chapter 9.95. Service of alcoholic beverages within an outdoor dining area permitted under this Subsection is allowed subject to the requirements of the license issued for the business by the state Department of Alcoholic Beverage Control.
C. Farmers’ markets may be authorized as provided in Section 9.48.010 B. 2 of this Code.
D. The City Administrator may authorize the Downtown Organization and City departments to sponsor events, activities, and arts and crafts shows.
E. Special events may be authorized under Chapter 15.17 of this Code.
31.30.030 No Vesting of Rights.
Nothing in this Chapter or any regulation promulgated under it vests or confers any right to continue any activity or use authorized thereunder. All outdoor business facilities within the Promenade are considered temporary and are subject to removal upon demand of the City.
31.30.040 Supplemental Regulations - Continuation of Existing Regulations.
A. Outdoor business facilities existing on June 27, 2023, in compliance with Ordinance No. 6055, may continue to operate in compliance with this Chapter and the City’s Requirements for Operating a Business on the Temporary State Street Promenade in effect on June 27, 2023. If new regulations are adopted, the facilities must be brought into conformity with the new regulations according to a schedule established in the regulations.
B. New outdoor business facilities may be installed in compliance with the City’s Requirements for Operating a Business on the Temporary State Street Promenade in effect on June 27, 2023, including all the aesthetic design provisions of those guidelines. If new regulations are adopted, the facilities must be brought into conformity with the new guidelines according to a schedule established in the regulations.
C. Outdoor business facilities may be established and maintained under this Chapter on Victoria Street between State Street and Chapala Street and the 1300 block of State Street so long as the City Administrator, in consultation with the Fire Marshal and the City Traffic Engineer, authorize continuation of modified traffic patterns in those areas, and on the 400 block of State Street.
D. The City Administrator is authorized to promulgate new or amend existing regulations for the placement, operation, and maintenance of outdoor business facilities consistent with the provisions of this Chapter. The regulations or amendments will be effective upon approval by the City Council.
6 E. Design review under Titles 22, 28, and 30 of the Santa Barbara Municipal Code is suspended for the temporary facilities and uses installed and maintained as authorized by this Chapter.
31.30.050 Abatement.
A. The Public Works Director may immediately remove and dispose of any outdoor business facility for which an outdoor business facility license has not been issued under Section 31.30.010. The owner is responsible for payment to the City of the cost of removal and disposal.
B. In addition to any enforcement remedy under Chapters 1.25 or 1.28 of this Code, the authorization under this Chapter shall be suspended or revoked for any business that is subject to more than two enforcement notices of violation or other enforcement actions upon written notice by the Public Works Director or a city employee designated by the Public Works Director for enforcement of this Chapter. A business owner may appeal a suspension or revocation to the City Administrator by filing a written appeal within 7 days of the date of the notice. The decision of the City Administrator is final. Notices under this Subsection may be given to the address of the person stated on the outdoor business facility license or posted on the outdoor business facility.
31.30.060 Sunset Clause.
This Chapter will remain in effect until the date of adoption of a master plan for downtown State Street or until December 31, 2026, whichever is earlier, unless before that date this Section is amended or repealed.
Chapter 31.40 Enforcement
31.40.010 Enforcement.
A. Violations of this Title, any regulation promulgated under Chapter 31.20 or
31.30, or any posted traffic control or regulatory sign or device may be enforced pursuant to Chapters 1.25 and 1.28 of this Code.
B. In addition to any other enforcement authority, Chapter 31.40 may be enforced by the Public Works Director or any employee to whom the director has delegated responsibility for enforcement of that Chapter.
SECTION 3. When exercising authority to promulgate or amend regulations under Municipal Code Section 31.30.040, the City Administrator will refer proposed regulations to the Historic Landmarks Commission and the Access Advisory Committee for a report and recommendation. The Historic Landmarks Commission and Access Advisory Committee shall provide their reports and recommendations within 60 days following the date of referral. The City Administrator may proceed to take final action if a report and recommendation is not received within 60 days after referral of the matter. Pilot program 7 actions taken under Municipal Code Section 31.20.010 F. may be implemented immediately.
SECTION 4. It is the City Council’s intention to regularly discuss, evaluate, and direct pilot program activities within the State Street Promenade and the State Street Master Plan project area for the duration of the pilot program. The chairperson of the Historic Landmarks Commission and chairperson of the Access Advisory Committee may make presentations and recommendations regarding matters within their respective jurisdictions in addition to a staff presentation at the monthly meeting at which the pilot program is placed on the agenda. The City Administrator is to implement this section by placing an administrative item on the agenda for a regular meeting on an approximately monthly basis or as otherwise directed by the City Council.
SECTION 5. This Ordinance is categorically exempt per CEQA Guidelines Sections 15301 (existing facilities), 15303 (construction of small structures), and 15304(e) (minor, temporary uses of land).
1 ORDINANCE NO. ________
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF SANTA BARBARA APPROVING A
DEVELOPMENT AGREEMENT FOR A 63-UNIT
RESIDENTIAL BUILDING AT 400 W. CARRILLO
STREET BY AND BETWEEN THE CITY OF
SANTA BARBARA AND HOUSING AUTHORITY
OF THE CITY OF SANTA BARBARA
WHEREAS, Government Code Sections 65864-65869.5 authorize local agencies to enter into a binding Development Agreement (as such agreements are defined by Government Code §§65864-65869.5) with a property owner for the development of property in order to give assurances to the property owner and the City that, once approved under the applicable planning and zoning codes, a development project can proceed in accordance with existing land development policies, rules and regulations.
WHEREAS, under the Santa Barbara City Charter, the City exercises control over municipal affairs, including the land development process, and has authority to enter into development agreements for purposes consistent with the public health, safety and general welfare.
WHEREAS, the recitals of the attached Development Agreement between the City of Santa Barbara and Housing Authority of the City of Santa Barbara, a public body, corporate and politic, hereinafter referred to as the “Housing Authority,” are a complete and accurate recitation of the review conducted for and consideration given the Project (as defined in the Development Agreement) and such recitals are incorporated herein by this reference as though fully set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines with respect to the Project as follows:
A. CEQA FINDINGS. The following environmental findings and determinations are made pursuant to and in accordance with the California Environmental Quality Act (Public Resources Code, Division13):
1. The project is exempt from further environmental review under Public Resources Code Section 21155.1 [Implementation of the Sustainable Communities Strategy] because the project involves construction of residentialonly development that provides a minimum net density of at least 20 dwelling units per acre and is within one-half mile of a major transit stop or high-quality Agenda Item No. 5
File Code No. 640.1
2 transit corridor included in a regional transportation plan and meets the requirements of Section 21155.1 (a), (b) and (c). Additionally, the development meets all the specified environmental criteria, land use criteria, and housing requirements as identified in the Planning Commission Staff Report dated August 3, 2023.
B. DEVELOPMENT AGREEMENT FINDINGS. The following findings are made pursuant to and in accordance with City Council Resolution No. 89-102:
1. The Development Agreement is consistent with the General Plan and Zoning Ordinance. The Agreement allows development of the site with a project (residential units and parking) that is compatible with the vision of the West Downtown Neighborhood area described in the General Plan, is consistent with the General Plan designation of Medium-High Density Residential due to the provision of deed-restricted affordable housing units, and is consistent with the C-G (Commercial General) zoning designation. The Development Agreement is also consistent with policies of the General Plan related to circulation, safety and environmental resources, and General Plan policies related to housing, environmental resources, visual quality, and cultural resources. Additional information is provided in Section VII of the August 3, 2023, Planning Commission Staff Report.
2. The Development Agreement is in substantial conformance with public necessity, convenience, and general welfare and good zoning practices because it will provide additional housing units that are deed-restricted as affordable housing, with the majority restricted to moderate-income or middleincome households, which is an unmet need in the community, and;
3. The Development Agreement provides assurance to the developer of the right to develop a project in accordance with the terms of the agreement and adequate consideration is provided to the City.
SECTION 2. DEVELOPMENT AGREEMENT
The City Council of the City of Santa Barbara hereby adopts the Development Agreement included as Exhibit A. The City Administrator is authorized to execute the Development Agreement on behalf of the City and to take all actions necessary or convenient to implementation of the agreement.
Exhibit A – Development Agreement
1 RECORDING REQUESTED BY:
AND WHEN RECORDED RETURN TO:
City Clerk
City of Santa Barbara
P.O. Box 1990
APN: 039-261-009 NO DOCUMENTARY TRANSFER TAX
NO FEE PER GOV. CODE §6103
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SANTA BARBARA
AND
THE HOUSING AUTHORITY OF THE CITY OF SANTA BARBARA
THIS DEVELOPMENT AGREEMENT (“this Agreement”) is made and entered into this day of ________________, 2023, (the “Effective Date”) by and between the CITY OF SANTA BARBARA, a California charter city (the “City”) and HOUSING AUTHORITY OF THE CITY OF SANTA BARBARA, a public body, corporate and politic (the “Housing Authority”), pursuant to the authority of Sections 65864-65869.5 of the Government Code of the State of California and City Council Resolution No. 89-120. Except as otherwise defined herein, the capitalized terms used throughout this Agreement are defined in Section 27, below.
RECITALS
A. Pursuant to City Council action on September 21, 2021, the City and the Housing Authority, on or about October 6, 2021, executed a Project Agreement relating to transfer and development of real property located at 400 West Carrillo Street in the City of Santa Barbara (“Project Agreement”). A copy of the Project Agreement is attached as Exhibit A to this Agreement.
B. The purpose of this Agreement is to confirm the land use and development rights for the development project described in the Project Agreement (“Project”) subject to site specific development and design criteria established under this Agreement. (“Development Requirements”).
C. This Agreement meets the requirements of the City’s Development Agreement Procedures (City Council Resolution No. 89-120) because the Project, developed under this Agreement, will ensure that 63 residential rental units are provided for the City’s moderate-, middle-, and low- income workforce; and
EXHIBIT
2 D. The Planning Commission and City Council, upon recommendation of the Community Development Director, determined that the Project meets all requirements for exemption from the California Environmental Quality Act under Public Resources Code Section 21155.1.
E. After conducting a duly noticed public hearing on _______________, 2023, the City Planning Commission found that the Project and this Agreement are consistent with the City of Santa Barbara’s General Plan, and the City of Santa Barbara Zoning Ordinance, and therefore, recommended to City Council that the project be found exempt from CEQA and that the Development Agreement be approved.
F. After conducting a duly noticed public hearing on ______________, 2023 and after independent review and consideration, the City Council (i) affirmed the findings made by the Planning Commission (ii) found that the provisions of this Agreement provide public benefits in the City of Santa Barbara justifying the Project density, height, open yard, parking, and setback provided in this Agreement; (iii) found that the City has completed all necessary proceedings in accordance with the City’s rules and regulations for approval of this Agreement; and (iv) introduced Ordinance No. _______ approving and authorizing the execution and recording of this Agreement.
G. Ordinance No. __________ was adopted on __________ and became effective on _________________. A Notice of Exemption was filed on ________________.
TERMS OF AGREEMENT
In consideration of the mutual promises, obligations and covenants of this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Housing Authority agree as follows:
I. Relationship to Project Agreement. This Agreement and the Project Agreement are intended to be construed together as compatible and consistent agreements; provided, however, to the extent that a provision of this Agreement is inconsistent and incompatible with the Project Agreement, the parties will in good faith interpret the provisions in a manner that best implements the Project.
II. Property Description and Binding Covenants. The Property subject to this Agreement is described in Exhibit B to this Agreement. Upon execution of this Agreement by the parties and recordation of this Agreement, the provisions of this Agreement shall constitute covenants that shall run with the Property and bind and inure to the benefit of all successors in interest and assigns of the parties hereto. This Agreement shall be recorded against the Property as required by California Government Code Section 65868.5.
III. Term; Option to Terminate. This Agreement has a term of 10 years commencing on the Effective Date (“Term”), unless said Term is terminated, modified, or extended by circumstances set forth in this Agreement, or by mutual consent of the parties hereto. 3 IV. Tolling and Extension During Legal Challenge or Moratoria. If this Agreement or any of the Development Approvals are subjected to legal challenge and the Housing Authority is unable to proceed with development of the Property due to such legal challenge (or the Housing Authority provides written notice to the City that it is electing not to proceed with development of the Property until such legal challenge is resolved to the Housing Authority’s satisfaction), the Term and timing for obligations imposed by this Agreement shall be extended and tolled during such legal challenge until the entry of a final order or judgment upholding this Agreement or the challenged Development Approval or the litigation is dismissed by stipulation of the parties; provided, however, that notwithstanding the foregoing, the Housing Authority shall have the right to elect, in the Housing Authority’s sole and absolute discretion, to proceed with development of the Property at any point by providing the City written notice that it is electing to proceed, in which event the tolling of the Term of this Agreement shall cease as of the date of such notice. Similarly, if the Housing Authority is unable to develop the Property due to the imposition by the City or other public agency of a development moratoria for a public health and safety reason unrelated to the performance of the Housing Authority’s obligations under this Agreement (including without limitation, moratoria imposed due to the unavailability of water or sewer to serve the Property), then the Term of this Agreement and the timing for obligations imposed pursuant to this Agreement shall be extended and tolled for the period of time that such moratoria prevents development of the Property.
V. Amendment to Agreement. This Agreement may be amended from time to time by mutual written consent of the parties in accordance with applicable laws governing development agreements. The parties acknowledge that under the City Zoning Ordinance and applicable rules, regulations and policies of the City, the Community Development Director or his or her designee has the discretion to approve alterations or revisions to any approved land use entitlement for the Property that are in substantial conformance with the entitlement. Accordingly, any alteration or revision to an entitlement or approval that the City Community Development Director determines to be in substantial conformance with the approved land use entitlements and relates to the Property shall not constitute nor require an amendment to this Agreement to be effective.
V I . Low Income Units. Since the Project Agreement was signed, it has been determined that 7 of the total 63 units of the Project will be occupied by Low-Income Households (qualified Housing Choice Voucher holding households with incomes under 80% of area median income).
Pursuant to the Section 8 program rules, they will pay 30% of their income towards rent and the balance of the owed rent – up to the area HUD payment standard rent for the Section 8 program – will be covered by the federal subsidy. Utility expenses for these seven units will be paid by the Owner Entity.
V I I . Permitted Uses. The permitted uses of the Property and the purpose, intensity, and density of use, applicable to the Property shall be those set forth in the Project Agreement, unless revised or clarified in this Agreement.
VIII. Development Requirements. This Agreement authorizes the Housing Authority to develop the Project at a density that will accommodate 63 rental housing units, with a building height up to 46 feet 6 inches, and open yard of 4,534 square feet. In addition, parking, fencing 4 and yard amenities may encroach into the Mission Creek Development Limitation Area that would otherwise be applicable to the Property. This Agreement authorizes the Housing Authority to provide unbundled parking allowing rental of parking spaces separately from residential units. The Development Approvals applicable to the Project will be limited to Project Design Approval and Final Approval by the Historic Landmarks Commission. In addition to project design approval by the Historic Landmarks Commission, the Housing Authority will install all public improvements and develop the Project according to the Conditions of Approval attached to this Agreement as Exhibit C. Except as otherwise provided in this Agreement, the Project will be subject to Existing City Laws.
IX. Conflicting Ordinances or Moratoria. Except as provided in this Agreement and subject to applicable law relating to the vesting provisions of development agreements, so long as this Agreement remains in full force and effect, no future resolution, rule, ordinance or legislation adopted by the City or by initiative (whether initiated by the City Council or by voter petition, other than a referendum that specifically overturns the City’s approval of this Agreement) shall directly or indirectly limit the rate, timing, sequencing or otherwise impede development of the Property from occurring in accordance with this Agreement. To the extent any future rules, ordinances, regulations or policies applicable to development of the Property are not inconsistent with this Agreement, such rules, ordinances, regulations and policies shall be applicable.
X. Authority of City. Except as otherwise provided herein, this Agreement shall not be construed to limit the authority or obligation of the City to hold necessary public hearings, or to limit the discretion of the City with regard to approval of the Development Approvals or as required under applicable laws, provided that subsequent discretionary actions shall not prevent or delay development of the Property for the permitted uses stated in Section VII of this Agreement.
XI. Application and Project Development Fees; Credit for Development Mitigation Fees. The Housing Authority shall pay those application, processing, inspection and plan check fees as may be required by the City under the then-current regulations for processing applications and requests for any subsequent entitlements for the Property, Consistent with the terms of this Agreement, the City shall have the right to impose, and the Housing Authority shall pay, such development fees, impact fees and other such fees levied or collected by the City to offset or mitigate the impacts of development of the Property pursuant to any subsequent entitlements, and which will be used to pay for public utilities and improvements attributable to the Property as have been adopted by the City as of the Effective Date of this Agreement (“Development Mitigation Fees”). Unless otherwise specifically provided in this Agreement, any Development Mitigation Fees shall be paid at the time of issuance of building permit.
XII. Existing Development Mitigation Fees. The Project is subject to water and sewer capacity and connection charges in accordance with the City’s adopted fee schedule. The Project is subject to school fees as determined according to applicable law.
XIII. New Development Mitigation Fees. If, after the Effective Date of this Agreement, the City adopts a new development mitigation fee in accordance with the Mitigation Fee Act (“New 5 Development Mitigation Fee”) and the New Development Mitigation Fee is applicable on a citywide basis and includes the Property, development of the Property will be subject to the New Development Mitigation Fee.
XIV. Development Approvals by the City. City agrees that no other land use entitlements or discretionary approvals, with the exception of Project Design Approval and Final Approval by the Historic Landmarks Commission are necessary the Project as currently proposed, and which shall be obtained before any vested rights accrue.
XV. Submission of Building and Grading Permit Applications. Housing Authority agrees to submit applications for building and grading permits for the Project within 12 months of the Project Design Approval by the Historic Landmarks Commission. Housing Authority will timely comply with all requirements of applicable building and development regulations except as otherwise provided in Section 7.
XVI. Mutual Cooperation. The parties shall mutually cooperate in achieving the purposes of this Agreement. The parties may mutually agree to minor amendments to the Project or administrative terms of this Agreement which are determined by the City’s Community Development Director to be in substantial conformity with the purpose and intent of this Agreement and do not otherwise require review by the Historic Landmark Commission or Planning Commission. If any legal action instituted by any third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending said action.
XVII. Estoppel Certificate. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature of the default. The party receiving the request hereunder shall execute and return such certificate to the requesting party within 30 days following receipt thereof. City acknowledges that a certificate hereunder may be relied upon by transferees and mortgagees of the Housing Authority.
XVIII. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit the Housing Authority’s ability to encumber the Property, or any portion thereof, or any improvement thereon by any mortgage, deed of trust or any other security or financing instrument. City acknowledges that the Housing Authority’s lenders or potential lenders may require certain interpretations of the Agreement and modifications and agrees to meet with the Housing Authority and representatives of such lenders or potential lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any lender that obtains a mortgage or deed of trust against the Property shall be entitled to the following rights and privileges:
6 A. Neither entering this Agreement nor a breach or this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith for value, unless otherwise required by
B. The mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which the mortgagee has submitted a written request to the City to receive notices, may request to receive written notification from the City of any default by the Housing Authority in the performance of the Housing Authority’s obligations under this Agreement.
C. If the City timely receives a request from a mortgagee requesting a copy of any notice of default given to the Housing Authority under the terms of this Agreement, the City shall provide a copy of that notice to the mortgagee within 10 days of sending notice of default to the Housing Authority. The mortgagee shall have the right, but not the obligation, to cure the default during any cure period allowed to the Housing Authority under this Agreement.
D. Any mortgagee who comes into possession of the Property, or any part thereof, by any means, whether pursuant to foreclosure or deed in lieu of foreclosure or otherwise, shall take the Property, or part thereof, subject to the terms of this Agreement. Provided, however, notwithstanding anything to the contrary above, any mortgagee, or the successors or assigns of any mortgagee, who becomes owner of the Property, or part thereof, through foreclosure shall not be obligated to pay any fees or construct or complete any improvements, unless such Housing Authority desires to continue development of the Property consistent with this Agreement and the applicable land use entitlements, in which case the owner by foreclosure shall assume the obligations of the Housing Authority hereunder in a form acceptable to the City.
E. The foregoing limitation on mortgagees and owners by foreclosure shall not restrict the City’s ability to specifically enforce against such mortgagees or owners by foreclosure any dedication requirements under this Agreement or under any conditions of any other land use entitlements or approvals related to the Property.
XIX. State or Federal Law and Regulations. The Housing Authority acknowledges that applications for development permits may be subject to other agency applications, review, permitting, and applicable fees. In the event state or federal law or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans or permits approved or issued by the City, this Agreement shall be suspended or, with the Housing Authority’s written consent, modified or extended as necessary to comply with such laws or regulations. Promptly following the enactment of any such law or regulation, the Housing Authority and the City shall meet and confer in good faith to determine the feasibility of any such modification, extension or suspension based on the effect such modification, extension or suspension would have on the purposes and intent of this Agreement and the cost to the Housing Authority of constructing and completing development of the Property. In addition, the Housing Authority shall have the right to challenge such law or regulation, and in the event such challenge is successful, this Agreement shall remain 7 unmodified and in full force and effect.
XX. No Waiver. No failure, delay, or omission by a party in exercising or asserting any right, power, or remedy hereunder shall impair such right, power, or remedy, and no failure, delay, or omission by a party occurring upon the other party’s noncompliance with or failure to perform the terms and conditions of this Agreement shall be construed as a waiver thereof. A waiver by either party of any failure, delay or omission on the part of the other party shall not be construed as a waiver of any succeeding failure, delay, or omission of the same or other terms or conditions hereof.
XXI. Force Majeure. In the event any party to this Agreement is unable to perform or fulfill any of the terms or conditions of this Agreement on account of acts of God, enemy action, war, strikes, walk outs, riots, governmental actions or restrictions, administrative appeals or legal actions, judicial orders, third-party actions, floods, earthquakes, fire, casualties, or similar bases for excused performance which is not within the reasonable control of the party to be excused, the party obligated to so perform or prevented from performing thereby shall be excused from said performance until such time as said party shall no longer be prevented from performing on account of any of the foregoing reasons.
XXII. No Joint Venture or Partnership. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and the Housing Authority joint venturers or partners.
XXIII. Assignment, Assumption and Release. As contemplated by and consistent with the Project Agreement, the rights and obligations of the Housing Authority under this Agreement may be transferred or assigned, provided: (i) such transfer or assignment is made as part of a transfer, assignment, sale or long-term lease of the Property and a concurrent transfer of rights to complete the development of the Property, and (ii) prior to such an assignment, the assignee executes and delivers to the City a written assumption of the Housing Authority’s obligations under this Agreement. Any such transfer or assignment shall be subject to the provisions of this Agreement. During the Term of this Agreement, any such assignee or transferee shall observe and perform all of the duties and obligations of the Housing Authority contained in this Agreement as such duties and obligations pertain to the Property so transferred or assigned. The Housing Authority shall give the City prompt written notice of any such transfer or assignment.
The Housing Authority may free itself from its obligations under this Agreement provided that the transferee or assignee expressly assumes such obligations and agrees to be bound by the terms and conditions of this Agreement with respect to the Property. Upon the full execution of the assumption and assignment agreement, the transferee or assignee shall thenceforth be deemed to be “the Housing Authority” hereunder. Notwithstanding the foregoing, this Section 22 shall not apply to any mortgagee who comes into possession of the Property, for any part thereof, by any means, whether pursuant to foreclosure or deed in lieu of foreclosure or otherwise.
XXIV. Permitted Extensions by City. In addition to any extensions of time otherwise provided in this Agreement, the City, in its sole discretion and acting through its Community Development 8 Director or his or her designee, may extend the time for performance by the Housing Authority of any obligation hereunder. Any such extension shall not require an amendment to this Agreement, so long as such extension only involves the time for performance thereof and does not change the obligations to be performed by the Housing Authority as a condition of such extension.
XXV. Notices. Any notice or communication required by this Agreement must be in writing and may be given either by personal service or registered or certified mail, return receipt requested. Any notice or communication personally served shall be deemed given and received on the date of personal service on the party noticed at the appropriate address designated below, and any notice or communication sent by registered or certified mail, return receipt requested, properly addressed to the appropriate address designated below, with postage prepaid, shall be deemed given and received on the date appearing on the signed return receipt. Any party hereto may at any time and from time to time, in the manner provided herein, designate any other address in substitution of the address to which such notice or communication shall be given. All such notices or communications shall be given to the parties at the addresses hereinafter set forth:
IF TO THE CITY:
Community Development Director
City of Santa Barbara
630 Garden Street
Post Office Box 1990
Santa Barbara, CA 93102
with copies to:
Santa Barbara City Attorney
740 State Street, Suite 201
Santa Barbara, CA 93101
IF TO THE HOUSING AUTHORITY:
Housing Authority of the
City of Santa Barbara
Attn: Executive Director/CEO
808 Laguna Street
Santa Barbara, CA 93101
with copies to:
Price, Postel & Parma LLP
Attn: Mark S. Manion
200 East Carrillo Street, Suite 400
9 Santa Barbara, CA 93101
XXVI. Enforceability. Except as otherwise provided herein, the rights of the parties under this Agreement shall be enforceable notwithstanding any change subsequent to the Effective Date in any applicable general plan, specific plan, municipal ordinance, or building, zoning, subdivision or other land use ordinance or regulation.
XXVII. Limitation of Remedies. It is acknowledged by the parties that neither party would have entered into this Agreement if doing so would subject it to the risk of incurring liability in money damages, either for breach of this Agreement, anticipatory breach, repudiation of the Agreement, or for any actions with respect to its implementation or application. The parties intend by the provisions of this Section 21 that neither of the parties shall have any liability for money damages arising out of a breach or repudiation of this Agreement, and no liability in money damages for any claims arising out of the application process, negotiation, execution and adoption, or the implementation or application of this Agreement. Each of the parties to this Agreement may pursue any remedy at law or equity available for the breach of any provision of this Agreement, including but not limited to specific performance, temporary or permanent injunctive relief, declaratory relief, or restraining orders, except that the parties shall have no liability in money damages for any acts which are alleged to have arisen out of or relate to this Agreement.
The parties further acknowledge that money damages and remedies at law generally are inadequate, and specific performance is the most appropriate remedy for the enforcement of this Agreement and should be available to all parties for the following reasons:
A. Money damages are excluded as provided above.
B. Due to the size, nature, and scope of development of the Property, it may not be practical or possible to restore the Property to its original condition once implementation of this Agreement has begun. After such implementation, the Housing Authority may be foreclosed from other choices they may have had to utilize the Property or portions thereof. The Housing Authority have invested significant time and resources and performed extensive planning and processing of the Development Approvals in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Development Approvals in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate the Housing Authority for such efforts.
Except for claims, demands, actions, or suits in which non-money damages is the sole remedy sought, including without limitation the remedy of specific performance, temporary or permanent injunctive relief, declaratory relief, or restraining orders, the Housing Authority, on the one hand, and the City, on the other hand, for themselves, their successors and assignees, hereby release one another’s officers, trustees, directors, partners, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising 10 out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments of the United States Constitution, or any other law or ordinance which seeks to impose any money damages, whatsoever, upon the parties because the parties entered into this Agreement, because of the terms of this Agreement, or because of the manner of implementation or performance of this Agreement.
The City agrees that unless this Agreement is amended or canceled pursuant to the provisions set forth herein it shall be enforceable according to its terms by any party hereto notwithstanding any change hereafter to any general plan, specific plan, zoning ordinance, subdivision ordinance or building regulation adopted by the City or initiative, which changes, alters or amends the rules, regulations and policies applicable to the development of the Property or the rights granted to the Housing Authority in this Agreement as of the Effective Date of this Agreement.
XXVIII. Annual Reviews. As required by California Government Code § 65865.1 and any City procedures adopted pursuant thereto, the City’s Public Works Director and Community Development Director shall review the Housing Authority’s performance pursuant to the terms of this Agreement at least once every 12 months throughout the Term of this Agreement.
XXIX. Definitions
Development Approvals. This Agreement and the specific land use and development approvals issued for the Project under this Agreement as referenced in Recital.
Existing City Laws. The City’s general plan, ordinances, resolutions, codes, rules, regulations, and official policies governing the permitted uses of land, density and intensity of use, maximum height, bulk, size, scale, design, location and construction standards and specifications applicable to this Agreement, the Conditions of Approval, and the Property in effect as of the Effective Date without regard to any amendments or modifications thereto that become effective after the Effective Date.
Low-Income Household. A household whose income does not exceed the low-income limits applicable to Santa Barbara County as defined in California Health and Safety Code Section 50093 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development. For purposes of this Agreement, Low-Income Households are households with incomes below or equal to 80% of area median income, adjusted by household size.
Moderate-Income Household. A household whose income does not exceed the moderateincome limits applicable to Santa Barbara County as defined in California Health and Safety Code Section 50093 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing 11 and Community Development. For purposes of this Agreement, Moderate-Income Households are households with incomes above 80% of area median income and below or equal to 120% of area median income, adjusted by household size.
Middle-Income Household. A household whose income does not exceed the moderateincome limits applicable to Santa Barbara County as defined in California Health and Safety Code Section 50093 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development. For purposes of this Agreement, Middle-Income Households are households with incomes above 120% of area median income and below or equal to 160% of area median income, adjusted by household size.
XXX. City’s Authority to Enter into Agreement. California Government Code §§ 65864- 65869.5 authorizes local agencies to enter into a binding development agreement (as such agreements are defined by California Government Code §§ 65864-65869.5). Under the Santa Barbara City Charter, the City exercises control over municipal affairs, including the land development process, and has the authority to enter into development agreements for purposes consistent with the public health, safety and general welfare. On October 17, 1989, the City Council adopted Resolution No. 89- 120 establishing procedures for considering statutory development agreements, which resolution sets forth in Recitals A-D thereof the City authority and public purpose of such agreements. Based on the foregoing, the City is authorized to enter into this Agreement.
XXXI. Exhibits: The exhibits to this agreement are:
Exhibit A – Project Agreement
Exhibit B – Property Description
Exhibit C – Standard Conditions of Approval
12 IN WITNESS WHEREOF, this Agreement was executed by the parties thereto as of the Execution Date.
CITY:
CITY OF SANTA BARBARA, a California
charter city
By:______________________________
City Administrator
HOUSING AUTHORITY:
HOUSING AUTHORITY OF THE CITY
OF SANTA BARBARA, a public body,
corporate and politic
By:______________________________
Rob Fredericks, Executive Director
APPROVED AS TO CONTENT:
By:______________________________
Community Development Director
APROVED AS TO FORM:
CITY ATTORNEY
Sarah J. Knecht
By:______________________________
Daniel S. Hentschke,
Assistant City Attorney
APPROVED AS TO FORM:
PRICE, POSTEL & PARMA LLP
By:______________________________
Mark S. Manion
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Audit Trail
Title
File Name
Document ID
Audit Trail Date Format
Status
Project Agreement with the City - 400 W. Carrillo
Carrillo-Castillo...reement Final.pdf
9d3f18251ca10b1a13ab241eebee0e3f8eda19d1
MM / DD / YYYY
Completed
10 / 08 / 2021
16:51:36 UTC
Sent for signature to Mark Manion ([email protected]) from [email protected]
IP: 72.215.176.98
10 / 08 / 2021
16:52:40 UTC
Viewed by Mark Manion ([email protected])
IP: 72.215.176.98
10 / 08 / 2021
16:53:28 UTC
Signed by Mark Manion ([email protected])
IP: 72.215.176.98
10 / 08 / 2021 The document has been completed.
16:53:28 UTC
EXHIBIT B
LEGAL DESCRIPTION OF THE PROPERTY
400 W. CARRILLO STREET
PLN2022-00354
Real property in the City of Santa Barbara, County of Santa Barbara, State of California, described as follows:
ALL THOSE CERTAIN PORTIONS OF BLOCK 146, IN THE CITY OF SANTA
BARBARA, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL MAP THEREOF, DESCRIBED AS PARCEL ONE, PARCEL TWO,
PARCEL THREE, PARCEL FOUR AND PARCEL FIVE IN THE GRANT DEED TO
THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA BARBARA RECORDED ON APRIL 1, 1983, AS INSTRUMENT NO. 83-15727, OF OFFICIAL RECORDS OF SAID
COUNTY OF SANTA BARBARA, SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL ONE:
COMMENCING AT A POINT IN THE SOUTHWESTERLY LINE OF CASTILLO STREET DISTANT 150 FEET SOUTHEASTERLY FROM THE MOST NORTHERLY CORNER OF BLOCK 146, AS SAID STREET AND SAID BLOCK ARE DESIGNATED AND SHOWN
ON THE OFFICIAL MAP AND SURVEY OF SAID CITY OF SANTA BARBARA, AND RUNNING THENCE SOUTHEASTERLY ALONG SAID LINE OF CASTILLO STREET, 50 FEET; THENCE AT RIGHT ANGLES SOUTHWESTERLY AND INTO SAID BLOCK 150 FEET; THENCE AT RIGHT ANGLES NORTHWESTERLY 50 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150 FEET TO THE SOUTHWESTERLY LINE OF CASTILLO STREET AND THE PLACE OF BEGINNING;
PARCEL TWO:
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF CASTILLO STREET WITH THE NORTHWESTERLY LINE OF CARRILLO STREET; AND RUNNING
THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF CARRILLO STREET 225 FEET; THENCE AT RIGHT ANGLES NORTHWESTERLY 275 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 75 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 175 FEET; THENCE AT RIGHT ANGLES
NORTHEASTERLY 150 FEET TO SAID SOUTHWESTERLY LINE OF CASTILLO STREET; THENCE SOUTHEASTERLY ALONG SAID LINE 100 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED DECEMBER 30, 1959, AS INSTRUMENT NO. 43729 IN BOOK 1701, PAGE 371 OF OFFICIAL RECORDS;
PARCEL THREE:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF CASTILLO STREET, DISTANT THEREON 300 FEET SOUTHEASTERLY FROM THE MOST NORTHERLY CORNER OF SAID BLOCK; THENCE SOUTHEASTERLY ALONG SAID STREET LINE 50 FEET TO A POINT; THENCE AT RIGHT ANGLES SOUTHWESTERLY 150 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTHWESTERLY 50 FEET TO THE POINT OF BEGINNING;
PARCEL FOUR:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF CASTILLO STREET, DISTANT THEREON 250 FEET SOUTHEASTERLY FROM THE NORTHERLY CORNER OF SAID BLOCK; THENCE SOUTHEASTERLY ALONG SAID LINE OF CASTILLO STREET 50 FEET; THENCE AT RIGHT ANGLES SOUTHWESTERLY 150 FEET; THENCE AT RIGHT ANGLES NORTHWESTERLY 50 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150 FEET TO THE POINT OF BEGINNING; PARCEL FIVE:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF CASTILLO STREET, DISTANT THEREON 200 FEET SOUTHEASTERLY FROM THE NORTHERLY CORNER OF SAID BLOCK 146; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE 50 FEET; THENCE AT RIGHT ANGLES SOUTHWESTERLY 150 FEET; THENCE AT RIGHT ANGLES NORTHWESTERLY 50 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150 FEET TO THE POINT OF BEGINNING.
APN: 039-261-009
EXHIBIT C
CONDITIONS OF APPROVAL
400 W. CARRILLO STREET
PLN2022-00354
In consideration of this Development Agreement 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. For purposes of these terms and conditions the term Owner means the Housing Authority or any successor in interest to the Housing Authority as permitted under the Project Agreement and the Development Agreement.
A. Order of Development. The Project will be implemented as provided in the Development Agreement, Project Agreement, and these Conditions of Approval. In addition, before construction the following steps shall occur in the order identified:
1. Obtain all required design review approvals.
2. Permits.
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 public improvements and complete said improvements.
Details on implementation of these steps are provided throughout the conditions of approval.
B. General Conditions.
1. Approved Development. The development of the Real Property approved by the City Council on ______ is limited to an approximately 50,000-square-foot building with 63 income-restricted dwelling units, as described in the Development Agreement and as shown on the plans reviewed by the City Council on said date and on file at the City of Santa Barbara. The project incorporates the following by reference into the scope of work for the approved development:
• All noise attenuation measures identified in Environmental Noise Assessment Memorandum, by Jonathan Leech, Dudek, dated April 18, 2023; and
• All remediation activities identified in the Corrective Action Plan, Soil Management Plan and Vapor Intrusion Mitigation System as approved per Santa Barbara County Environmental Health Services comments in letter dated May 1, 2023, and email dated June 2, 2023.
• All recommendations identified in the Arborist Report, prepared by Bill Spiewak dated January 9, 2023.
In addition to the development conditions stated in the Development Agreement, the Project is subject to the following conditions of approval, except that if any of these
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conditions conflict with an express provision of the Development Agreement, the provisions of the Development Agreement shall control.
2. Annual Resident Survey. For informational purposes only, the owner of all Average Unit-Size Density Incentive Program projects in the Medium High and High Density and Priority Housing Overlay zones shall conduct and annual resident survey and report the following information for each unit to the Planning Division by December 31st of each year for the first eight years of the project commencing six months after the final Certificate of Occupancy. The annual report for each unit shall include:
a. Net floor area.
b. Number of bedrooms.
c. Monthly rent (or condominium purchase price) and utilities. d. Periods of vacancy.
e. Household size.
f. Current employment location of each adult resident by zip code. g. Prior employment location of each adult resident by zip code. h. Prior residence zip code for each adult.
i. Number of cars, trucks and bikes owned by each resident. Please list types of alternative transportation used (if any).
3. 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.
4. 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 City Council. 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.
5. Use Limitations. Uses allowed on site will be limited by a recorded Land Use Covenant, as required by Santa Barbara County Environmental Health Services.
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6. Landscape Plan Compliance. The Owner shall comply with the Landscape Plan approved by the Historic Landmarks Commission (HLC). Such plan shall not be modified unless prior written approval is obtained from the HLC. 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 HLC, the owner is responsible for its immediate replacement.
7. 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.
8. Rental Housing Restrictions. All of the rental units will be deed-restricted in accordance with the Development Agreement and the City’s Affordable Housing Policies and Procedures (AHP&P).
9. Pesticide or Fertilizer Usage Near Creeks. The use of pesticides or fertilizer shall be prohibited within the Development Limitation Area, which drains directly into Mission Creek.
10. Residential Permit Parking Program. Residents shall not participate in the Residential Permit Parking Program.
11. Common Area Maintenance. All common/shared areas shall be kept open, available and maintained in the manner in which it was designed and permitted.
12. Areas Available for Parking. All parking areas and access thereto shall be kept open and available in the manner in which it was designed and permitted.
C. Design Review. The project, including public improvements, is subject to the review and approval of the Historic Landmarks Commission (HLC). The HLC shall not grant project design approval until the following conditions have been satisfied.
1. Tree Removal and Replacement. Tree removal shall follow the Tree Disposition Plan and arborist report prepared by Bill Spiewak, dated January 9, 2023, and on file with the Community Development Department. All trees removed in the future, except fruit trees and street trees approved for removal without replacement by the Parks Department, shall be replaced on-site on a one-for-one basis with minimum 15
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gallon size tree(s) of an appropriate species or like species, in order to maintain the site’s visual appearance and reduce impacts resulting from the loss of trees.
2. 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 landscape plan shall be preserved, protected, and maintained, in accordance with the Tree Protection Plan and any related Conditions of Approval. b. Landscaping Under Trees. Landscaping under the tree(s) shall be compatible with the preservation of the tree(s), as determined by the HLC. c. Arborist’s Report / Tree Protection Plan. Include a note on building plan cover sheet that the measures contained in the arborist’s report prepared by Bill Spiewak, dated January 9, 2023, shall be implemented. Reproduce the arborist report and Tree Disposition Plan on the building plan set. d. During Construction. During construction the following measures shall be implemented:
(1) All trees within 25 feet of proposed construction activity shall be fenced three feet outside the dripline for protection.
(2) No grading shall occur within three feet of the dripline(s) of the existing tree(s) proposed to remain.
(3) A qualified Arborist shall be present during any excavation beneath the dripline(s) of the tree(s) which are required to be protected. All excavation within the dripline(s) of the tree(s) shall be minimized and shall be done with hand tools.
(4) Any roots encountered shall be cleanly cut and sealed with a tree-seal compound.
(5) Any root pruning and trimming shall be done under the direction of a qualified Arborist.
(6) No heavy equipment, storage of materials or parking shall take place under the dripline of any tree(s), or within five (5) feet of the dripline of any oak tree.
(7) Oak seedlings and saplings less than four inches (4”) at four feet (4’) above the ground that are removed during construction shall be transplanted where feasible. If transplantation is not feasible, replacement trees shall be planted at a minimum one to one (1:1) ratio. Replacement trees shall be a minimum of one (1) gallon size derived from South Coastal Santa Barbara County stock.
3. Landscape Screening. The existing landscaping buffer along the Mission Creek property, including large canopy trees, shall be maintained to preserve the noise and air quality buffer from traffic along Highway 101.
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4. Screened Backflow Device. The backflow devices for fire sprinklers and/or irrigation systems shall be provided in a location screened from public view or included in the exterior wall of the building, as approved by the HLC.
5. Location of Dry Utilities. Dry utilities (e.g. above-ground cabinets) shall be placed on private property unless deemed infeasible for engineering reasons. If dry utilities must be placed in the public right-of-way, they shall painted “Malaga Green,” and if feasible, they shall be screened as approved by HLC.
6. Project Directory. A project directory (including map and parking directional signs) listing all units on-site shall be indicated on the project plans. This directory shall be lit sufficiently for readability for site visitors and placed in a location or locations acceptable to the Fire Department, shall meet current accessibility requirements, and is subject to Design Review Approval and Sign Committee approval.
7. Trash Enclosure Provision. A trash enclosure with adequate area for recycling containers (an area that allows for a minimum of 50 percent of the total capacity for recycling containers) shall be provided on the Real Property and screened from view from surrounding properties and the street. Dumpsters and containers with a capacity of 1.5 cubic yards or more shall not be placed within 5 feet of combustible walls, openings, or roofs, unless protected with fire sprinklers.
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.b “Carrillo and Castillo 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.
b. Dedication(s). Easements, as shown on the approved site plan and described as follows, are reserved by City, subject to approval of the easement scope and location by the Public Works Department and/or the Building and Safety Division:
(1) All street purposes along Carrillo Street in order to establish a 15-foot wide public right-of-way, comprised of a minimum 0’-6” curb, 4’-0” parkway, 8’-0” sidewalk and 2’-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.
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c. Carrillo and Castillo Street Public Improvements. The Owner shall submit C-1 public improvement or Public Works plans for construction of improvements along the property frontage on Carrillo Street and Castillo 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: new sidewalk and access ramp, one driveway apron, curb and gutter replacement as needed, asphalt concrete on aggregate base or crack seal to the centerline of the street along Castillo Street property frontage and slurry seal a minimum of 20 feet beyond the limits of all trenching, connection to City water and sewer mains and utilities, connection to existing City storm drain, preserve and/or reset survey monuments, supply and install directional/regulatory traffic control signs per the CA MUTCD during construction, add an ADA accessible push button shall be added on the streetlight lamp post with a maximum 10-inch reach, and provide adequate positive drainage from site. Any work in the public right-of-way requires a Public Works Permit.
d. 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. e. Bike Share. Explore feasibility of incorporating bike share along the Castillo Street frontage.
f. Encroachment Permits. Any encroachment or other permits from the City or other jurisdictions (State, Flood Control, County, etc.) for the construction of improvements (including any required appurtenances) within their rights of way or easements shall be obtained by the Owner.
2. Community Development Department.
a. Drainage and Water Quality. The project is required to comply with Tier 4 (on-site) and Tier 2 (right-of-way) requirements of the Storm Water BMP Guidance Manual, pursuant to Santa Barbara Municipal Code Chapter 22.87 (treatment, rate and volume). The Owner shall submit drainage calculations prepared by a registered civil engineer or licensed architect demonstrating that the new development will comply with the City’s Storm Water BMP Guidance Manual. 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 (including, but not limited to trash, hydrocarbons, fertilizers, bacteria, etc.), or groundwater pollutants would result from the project.
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For any proprietary treatment devices that are proposed as part of the project’s final Storm Water Management Plan, the Owner shall provide an Operations and Maintenance Procedure Plan consistent with the manufacturer’s specifications (describing schedules and estimated annual maintenance costs for pollution absorbing filter media replacement, sediment removal, etc.). The Plan shall be reviewed and approved by the Creeks Division for consistency with the Storm Water BMP Guidance Manual and the manufacturer’s specifications.
After certificate of occupancy is granted, any proprietary treatment devices installed will be subject to water quality testing by City Staff to ensure they are performing as designed and are operating in compliance with the City’s Storm Water MS4 Permit.
b. Water Usage. The applicant shall demonstrate the buildings and landscaping have been designed to achieve 25 percent less water usage than the average household use in the region.
c. Contractor and Subcontractor Notification. The Owner shall notify in writing all contractors and subcontractors of the site rules, restrictions, and Conditions of Approval. Submit a draft copy of the notice to the Planning Division for review and approval.
d. Letter of Commitment for Neighborhood Notification Prior to Construction.
The Owner shall submit to the Planning Division a letter of commitment to provide the written notice specified in condition E.1 “Neighborhood Notification Prior to Construction” below. The language of the notice and the mailing list shall be reviewed and approved by the Planning Division prior to being distributed. An affidavit signed by the person(s) who compiled the mailing list shall be submitted to the Planning Division.
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. Chumash Monitoring. Prior to permit issuance, submit a contract with a Chumash Monitor from the most current City Qualified Chumash Site Monitors List for monitoring during all grading, excavation, trenching, vegetation or paving removal, ground clearance, and site preparation that involves earthmoving operations. The contract shall be subject to the review and approval of the Environmental Analyst.
g. Conditions on Plans/Signatures. The conditions of approval 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.
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Signed:
_____________________________________________________________ Housing Authority Date
_____________________________________________________________ Contractor Date License No.
_____________________________________________________________ Architect Date License No.
_____________________________________________________________ Engineer Date License No.
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. Neighborhood Notification Prior to Construction. At least 20 days prior to commencement of construction, the contractor shall provide written notice to all property owners, businesses, and residents within 300 feet of the project area. The notice shall contain a description of the project, the construction schedule, including days and hours of construction, the name and phone number of the Contractor(s), site rules and Conditions of Approval pertaining to construction activities, and any additional information that will assist Building Inspectors, Police Officers and the public in addressing problems that may arise during construction.
2. 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), construction work hours, site rules, and construction-related conditions, to assist Building Inspectors and Police Officers in the enforcement of the conditions of approval. The font size shall be a minimum of
0.5 inches in height. Said sign shall not exceed six feet in height from the ground if it is free-standing or placed on a fence. It shall not exceed 24 square feet if in a multifamily or commercial zone or six square feet if in a single family zone.
3. Construction Hours. Construction (including preparation for construction work) shall only be permitted Monday through Friday between the hours of 7:00 a.m. and 8:00 p.m. and Saturdays between the hours of 9:00 a.m. and 4:00 p.m., excluding the following holidays:
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New Year’s Day January 1st*
Martin Luther King, Jr. Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th*
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Following Thanksgiving Day Friday following Thanksgiving Day Christmas Day December 25th*
*When a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday, respectively, shall be observed as a legal holiday.
When, based on required construction type or other appropriate reasons, it is necessary to do work outside the allowed construction hours, contractor shall contact the City to request a waiver from the above construction hours, using the procedure outlined in Santa Barbara Municipal Code §9.16.015 Construction Work at Night.
Contractor shall notify all residents within 300 feet of the parcel of intent to carry out said construction a minimum of 48 hours prior to said construction. Said notification shall include what the work includes, the reason for the work, the duration of the proposed work and a contact number.
4. Construction Fencing. A temporary construction noise barrier shall be erected and maintained along the northern and eastern site boundaries, as recommended by the Noise Assessment prepared by Dudek dated April 18, 2023.
5. 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.
6. Construction Parking. During construction, free parking spaces for construction workers shall be provided on-site or off-site in a location subject to the approval of the Public Works Director.
7. Nesting Birds. Birds and their eggs nesting on or near the project site are protected under the Migratory Bird Treaty Act and pursuing, hunting, taking, capturing, killing, or attempt to do any of the above is a violation of federal and state regulations. No trimming or removing brush or trees shall occur if nesting birds are found in the vegetation. All care should be taken not to disturb the nest(s). Removal or trimming may only occur after the young have fledged from the nets(s).
8. 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 work is completed for the day. Increased watering frequency should be
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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. Gravel pads shall be installed at all access points to prevent tracking of mud 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 inuse (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 2 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.
9. 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 Housing Authority 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. Traffic Loop. Coordinate with City Traffic Engineering staff during construction to ensure the vehicle loop detection is not damaged during installation of the new access ramp installation. If it is damaged, the developer/contractor will be required to replace the traffic loops.
3. Complete Public Improvements. Public improvements, as shown in the public improvement plans or building plans, shall be completed.
4. Noise Measurements. Submit a final report from a licensed acoustical engineer, verifying that interior and exterior living area noise levels are within acceptable levels as specified in the Noise Element. In the event the noise is not mitigated to acceptable levels, additional mitigation measures shall be recommended by the noise specialist and implemented subject to the review and approval of the Building and Safety Division and the Historic Landmarks Commission (HLC).
5. Rental Affordability Provisions Approval. Obtain from the Community Development Director, or Director’s designee in the City’s Housing Programs Division, written approval of the following: (a) the recorded affordability covenant as approved by the City Attorney, (b) the process for selecting the initial residents of the affordable rental units, (c) the eligibility of the initial residents, and (d) the form of the rental agreement used. For projects with senior occupancy requirements or restrictions on the number of motor vehicles per resident, obtain from the Community Development Director, or Director’s designee in the City’s Housing Programs Division, written approval of the recorded implementing document, which assures compliance with the senior housing restriction and/or the restrictions on the number of motor vehicles owned, used, possessed or stored by residents.
Rev 080620
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: October 3, 2023
TO: Mayor and Councilmembers
FROM: Land Development Division, Airport Department
SUBJECT: Third Increase and Time Extension for Aviation Planning Services Contract for the Fixed Based Operator Redevelopment Project [Resolution; Agreement]
RECOMMENDATION: That Council:
A. Authorize the Airport Director to execute a third amendment to Contract No. 26,343 with Jacobs Engineering Group Inc., to increase the contract by $52,000 and to extend the term of the contract to June 30, 2024 to continue professional support for aviation planning services for the Fixed Based Operator Redevelopment Project; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2024, to Appropriate Funds for an Increase in Aviation Planning Services for the Fixed Based Operator Redevelopment Project in the Amount of $52,000.
DISCUSSION:
Background
On January 8, 2019, the City Council approved the professional services agreement with LeighFisher Inc. (now known as Jacobs Engineering Group, Inc.) to proceed with the second phase of the Fixed Based Operator (FBO) Redevelopment Project. The airport currently has two FBOs: Signature Flight Support and Atlantic Aviation. These FBOs provide management services to the general aviation community and provide fueling services to the general, charter, and commercial aviation industries. The FBO Redevelopment Project aimed to redefine the FBO property boundaries and leases at the Santa Barbara Airport (SBA) while considering the development of future facilities that FBOs would need to provide exceptional service to the aviation demand at SBA.
In 2019, the second phase of the FBO Redevelopment Project made progress on the development plan with outlining initial concepts of the leasehold property configuration and planning future infrastructure; the financial plan with modeling the estimated project revenues and expenditures as well as establishing financial goals; and lastly, the Agenda Item No. 6
File Code No. 560.01
Council Agenda Report
Third Increase and Time Extension for Aviation Planning Services Contract for the Fixed Based Operator Redvelopment Project [Resolution; Agreement] October 3, 2023
business plan for assessing changes in the FBO and aviation industry to develop new FBO agreements. Although Jacobs Engineering Group, Inc. (Jacobs) partially completed components of the second phase, in 2020, the COVID-19 pandemic caused a change in project direction to focus on more immediate changes in airport practices and airline studies, resulting in postponing the project until 2022. The Project needed to restructure the development, financial, and business plans after being on hold for approximately two years to reevaluate the developmental concepts and reassess financial and business forecasts to align with current industry rates and operations.
On July 19, 2022, the City Council approved the first amendment to the professional services agreement with Jacobs to proceed with reinitiating the project with restructured development, financial, and business plans. While the consultant progresses on the deliverables of the restructured redevelopment project, SBA is preparing for the solicitation method for selecting prospective FBOs.
On May 26, 2023, the City Council approved a contract term extension from June 30, 2023, to December 31, 2023, because of a time issuance of an FBO Operator Request for Proposals (RFP) that the contract is supporting.
On June 30, 2023, the City Council approved the second amendment to the professional services agreement with Jacobs, which expanded the scope by including a cost-benefit analysis of the administration building relocation options as well as assisted staff with Development and review of a Draft RFP.
Current Status and Contract Amendment
Jacobs is continuing with their original scope and assistance with the RFP development and review. As a supplement to the RFP, a recommended facility condition assessment will be performed for the buildings and fuel farm locations within both proposed leaseholds of the FBO Redevelopment project. This assessment will allow the Airport and the prospective FBO proposers to understand the current state of the existing buildings that will be included within the proposed leasehold area for redevelopment. To fully execute the assessment and continue developing the RFP, and provide support during the review process, staff recommends that Council approve a third amendment to the existing contract to increase the contract amount and extend the term of the contract to June 30, 2024.
BUDGET/FINANCIAL INFORMATION:
Funding
The following summarizes the expenditures recommended in this report:
Council Agenda Report
Third Increase and Time Extension for Aviation Planning Services Contract for the Fixed Based Operator Redvelopment Project [Resolution; Agreement] October 3, 2023
AVIATION PLANNING SERVICES CONTRACT FUNDING SUMMARY
Base
Contract
Change Order Total
Initial Contract Amount $220,000 $22,000 $242,000
Previous Increase (Amendment 1) $0 $43,626 $43,626
Proposed Increase (Amendment 2) $0 $49,270 $49,270
Proposed Increase (Amendment 3) $0 $52,000 $52,000
Total $220,000 $166,896 $386,896
If the recommendation is approved, the total aviation planning services contract expenditure authority will be increased to $386,896.
An appropriation of $52,000 from the Airport Operating Fund reserves, above Council policy, to the Airport Operating Fund is necessary to cover all remaining project costs with Jacobs. There will be sufficient expenditure appropriations in the Airport Operating Fund in Fiscal Year 2024 to fund the contract amendment.
ENVIRONMENTAL REVIEW
There is no requirement for environmental review because the project is a planning development study and will not result in construction, demolition, or alteration to the environment.
A copy of the agreement may be requested from the Airport Department for public review; please contact [email protected] to request a copy.
PREPARED BY: Sara Iza, Airport Development Manager
SUBMITTED BY: Christopher Hastert, Airport Director
APPROVED BY: City Administrator’s Office
RESOLUTION NO. ______
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2024, TO
APPROPRIATE FUNDS FOR AN INCREASE IN AVIATION
PLANNING SERVICES FOR THE FIXED BASED
OPERATOR REDEVELOPMENT PROJECT IN THE
AMOUNT OF $52,000
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. 22-059, this Resolution approves the amendment to the budget as provided herein.
NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2024, as adopted by Resolution No. 22-059, is hereby amended as follows:
1. The Council approves of appropriating available reserve funds in the Airport Operating Fund in Fiscal Year 2024 in the amount of $52,000 to increase professional services contract in aviation planning services for the Fixed Based Operator Redevelopment Project.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: October 3, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Appropriate Funds and Authorize a Professional Services Agreement for a Report to Determine Property Financial
Assessments for the Creation of a Utilities Undergrounding Assessment District for the 800 Block of Jimeno Road [Resolution; Agreement]
RECOMMENDATION: That Council:
A. Authorize the Public Works Director to execute a professional services agreement with Harris & Associates, Inc., in the amount of $52,210 to prepare an Assessment Engineer’s Report; 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 800 Block of Jimeno Road Underground Utilities Assessment Engineer’s Report.
DISCUSSION:
Background
On April 11, 2023, the City Council initiated proceedings to form a benefit assessment district to underground utilities on the 800 block of Jimeno Road. The proceedings were based upon a valid petition from the neighborhood. The City Council Resolution ordered that an Assessment Engineer’s Report be completed.
Contract Services
Staff recommends that City Council authorize the Public Works Director to execute a professional services agreement with Harris & Associates, Inc., (Harris) in the amount of $52,210 to prepare an Assessment Engineer’s Report and assist in other coordination Agenda Item No. 7
File Code No. 530.07
Council Agenda Report
Appropriate Funds and Authorize a Professional Services Agreement for a Report to Determine Property Financial Assessments for the Creation of a Utilities Undergrounding Assessment District for the 800 Block of Jimeno Road [Resolution; Agreement] October 3, 2023
tasks required for the formation of the assessment district. Harris provided these services to the City of Santa Barbara (City) in the past and is qualified to perform the work in an efficient manner.
BUDGET/FINANCIAL INFORMATION:
The project design will be funded initially by the City with the plan to recoup the cost from the assessments to benefiting properties.
The following summarizes all project design costs, construction contract funding, and other project costs:
ESTIMATED TOTAL PROJECT COST
*Cents have been rounded to the nearest dollar in this table.
TOTAL
Electric Utility Design (Southern California Edison) $ 48,370 Telecommunications Design (Frontier Communications) (Cox Communications no charge)
7,300
Assessment Engineering Services (Harris) 52,210
Engineering Services (City Staff) 25,000
Design Subtotal $ 132,880
Estimated Construction Contract with Change Order Allowance 730,000 Estimated Construction Management/Inspection (by City Staff) 145,020 Construction Subtotal $ 875,020
TOTAL PROJECT COST $1,007,900
Inadequate expenditure appropriations exist within applicable Public Works Department funds to cover the cost of the Assessment Engineer’s Report. There are sufficient Streets Operating Fund reserves above the 5% internal policy to cover the cost of the Assessment Engineer’s Report, so staff is recommending the one-time use of available Streets Fund reserves of $132,880 in Fiscal Year 2024 for the Assessment Engineer’s Report. The surplus of Streets Fund reserves above policy is primarily driven by Utility User’s Tax (UUT) revenue, which exceeded the budget in Fiscal Year 2023. There is a nexus for using UUT revenue for this purpose. The Streets Operating Fund reserves will be fully replenished if the Jimeno Road Underground Utility Assessment District is approved by property owners.
Council Agenda Report
Appropriate Funds and Authorize Execution of a Professional Services Agreement for Assessment Engineer’s Report for the 800 Block of Jimeno Road Underground Utilities [Resolution; Agreement]
October 3, 2023
SUSTAINABILITY IMPACT:
This project would meet the City’s sustainability goals by reducing the threat of wildland fires posed by overhead electric utility lines. In general, the benefits of this project are more specific to the properties along Jimeno Road, including improved ocean views and street appeal.
ENVIRONMENTAL REVIEW:
Compliance with the California Environmental Quality Act for the project will be determined after preliminary design and prior to the award of any construction contract by the City.
A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].
PREPARED BY: Adam Hendel, P.E., Principal Civil Engineer/RF/rl SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 23-076,
ADOPTING THE BUDGET FOR FISCAL YEAR 2024, TO
APPROPRIATE FUNDS FOR THE 800 BLOCK OF JIMENO
ROAD UNDERGROUND UTILITIES ASSESSMENT
ENGINEER’S REPORT
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:
The Council approves an increase in expenditure appropriations in the Streets Operating Fund in the amount of $132,880, funded from reserves, authorize the transfer of such funds to the Utility Undergrounding Fund, and approve an increase in revenue and expenditure appropriations in the Utility Undergrounding Fund in the same amount for the Jimeno Road Underground Utilities Assessment District to fund the design phase of the underground utilities project as any assessments would not be collected until later in the project.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: October 3, 2023
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department SUBJECT: Professional Services Agreement with HDR Engineering, Inc., for Multi-Year Water and Wastewater Rate Studies [Agreement] RECOMMENDATION:
That Council authorize the Public Works Director to execute a City Professional Services Agreement with HDR Engineering, Inc., in the amount of $165,595 for comprehensive Water and Wastewater Rate Studies and authorize the Public Works Director to approve expenditures of up to $16,560 for extra services that may result from necessary changes in the scope of work for a total contract amount not to exceed $182,155.
DISCUSSION:
Scope of Services
Water and wastewater utilities are dependent on user rates to fund most of the operations, maintenance, and capital improvement costs required to keep the utilities functioning reliably and in compliance with Federal and State regulations. A key component of water and wastewater rate studies is a cost-of-service analysis to ensure that City water and wastewater rates are compliant with Article XIII D, Section 6 of the California Constitution, commonly referred to as Proposition 218. Proposition 218 includes the requirement that rates may not exceed the estimated cost of providing the service and must be reasonable, fair, equitable, and proportional.
The most recent Water Rate Study was completed in the spring of 2021 and established water rates for Fiscal Years 2022 through 2024. The most recent Wastewater Rate Study was completed in the spring of 2022 and established wastewater rates for Fiscal Years 2023 through 2025. With increased costs due to the high inflation experienced in the past several years, along with potential changes in funding sources for capital projects, staff recommends conducting and implementing the Wastewater Rate Study a year early. The proposed rate studies will update the existing rate models with adopted and projected operating and capital expenditures and develop fair and equitable rates that are based on a cost-of-service analysis. They will also ensure that there are sufficient revenues to meet the Water and Wastewater’s operation and maintenance and capital needs in addition to maintaining adequate reserves. In addition, HDR Engineering, Inc., (HDR), will Agenda Item No. 8
File Code No. 540.11
Council Agenda Report
Professional Services Agreement with HDR Engineering, Inc., for Multi-Year Water and Wastewater Rate Studies [Agreement]
October 3, 2023
coordinate with the Alliance for Water Efficiency, the agency currently conducting a Water and Wastewater Rate Affordability and Conservation Assessment Study, and incorporate their findings, if appropriate.
Public Engagement
Staff will ensure that there will be several opportunities for the public to engage in the rate-setting process, including through public presentations to the Water Commission, Finance Committee, and City Council, along with a public information meeting. In addition, City News In Brief, e-newsletters, and other media channels will provide the latest information on rates and how to participate in the rate-setting process in both English and Spanish. The Proposition 218 notice will highlight the planned capital investment for both Water and Wastewater.
Consultant Selection
HDR was selected as the most qualified firm through a competitive Request for Proposal and interview process. HDR’s proposed project team is comprised of experienced professionals who have extensive experience in developing Water and Wastewater rates for California agencies, with the project manager being a nationally recognized leader in utility rate setting. HDR performed the last Water and Wastewater rate studies for the City and has a positive performance history, meeting project deadlines and delivering their work product under budget in both instances. Based on recent rate study services performed for the City and other proposals received, staff determined that HDR’s costs and scope of work for the comprehensive Water and Wastewater Rate Studies are appropriate. Therefore, staff recommends that Council authorize the Public Works Director to execute a contract with HDR in the amount of $165,595 for the Water and Wastewater Rate Studies, with $16,560 for potential extra services, for a total amount of $182,155.
BUDGET/FINANCIAL INFORMATION:
There are sufficient expenditure appropriations in the Adopted Water and Wastewater Operating Fund Budgets for Fiscal Year 2024 to fund the contract, including extra services with HDR.
ENVIRONMENTAL REVIEW:
The recommendation in this report is not subject to the California Environmental Quality Act.
WATER COMMISSION RECOMMENDATION:
This item was presented to the Water Commission at its meeting on September 21, 2023, and the Commission voted 4:0:1 in support of staff’s recommendation.
Council Agenda Report
Professional Services Agreement with HDR Engineering, Inc., for Multi-Year Water and Wastewater Rate Studies [Agreement]
October 3, 2023
A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].
PREPARED BY: Joshua Haggmark, P.E., Water Resources Manager/GC/lm SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: October 3, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Annual Capital Improvement Program Project Status Report RECOMMENDATION:
That Council receive this status report regarding recently completed Capital Improvement Program projects, as well as projects currently in design or construction.
EXECUTIVE SUMMARY:
The Public Works Department’s Engineering Division provides technical oversight for the design and construction of projects within the City of Santa Barbara’s robust Capital Improvement Program. This report highlights a variety of Capital Improvement Program projects currently in design, construction, or completed in Fiscal Year 2023. The report is not a comprehensive listing of nor an update on all active projects.
DISCUSSION:
Centralized Technical Authority and Management Oversight On April 7, 2020, Council adopted Resolution 20-026, delegating to the City Engineer discretionary authority to “approve the plan or design for construction of, or improvement to, City property.” The Resolution establishes a centralized technical authority for project delivery and provides all Capital Improvement Program (CIP) projects with “design immunity” from an injury caused by an alleged dangerous condition of public property, which applies when a plan or design has been approved in advance of the construction by a person delegated by the legislative body.
Prior to Resolution 20-026, the City of Santa Barbara’s (City) CIP projects had typically been delivered under the authority of the City Engineer. The passage of Measure C along with increased availability of federal, state, and local grant funding opportunities has greatly expanded the City’s volume and variety of projects. As a result, beginning with Fiscal Year 2024 (July 1, 2023), it was necessary to include additional management capacity and to provide a formal reporting structure for staff primarily dedicated to CIP project delivery.
Agenda Item No. 9
File Code No. 230.01
Council Agenda Report
Annual Capital Improvement Program Project Status Report October 3, 2023
Specific changes that are now in place include the creation of a Principal Architect position reporting to the City Engineer. This position provides technical oversight for the design and construction of projects at Airport and Waterfront and at General Fund Facilities including Parks and Recreation, Library, Police, and Fire. In addition, technical staff based in these areas now report to the Principal Architect.
This new reporting structure will provide the organization with adequately trained and experienced management with organizationally established technical authority available to support and provide technical guidance to staff dedicated to CIP project delivery. In addition, this structure will provide better opportunities for staff training and development and will result in standardization of policies and procedures for CIP project delivery across the entire organization. All the above will bring value to staff, consultants, and contractors working on City projects and result in improved quality and consistency of work. California Government Code § 830.6 provides immunity from an injury caused by an alleged dangerous condition of public property where the plan or design of construction of, or an improvement to, public property was approved by the legislative body or a person exercising authority delegated by the legislative body. This is commonly referred to as “design immunity”. Design immunity applies when the plan or design has been approved in advance of the construction or improvement. The Resolution delegates this authority to the City Engineer and requires City Engineer approval and signature on the plans and specifications prior to bidding City CIP projects.
Capital Improvement Program
The City’s CIP identifies current and future projects that maintain or improve its capital infrastructure. The CIP provides preliminary prioritization of projects for funding in the next five years and identifies project needs for future years. The most recent CIP was presented to and approved by Council on March 14, 2023, and covered the five-year period of Fiscal Year 2024 to 2028.
The CIP attempts to include all City needs for capital improvement regardless of funding availability. Prioritization and funding are finalized as part of the budget process. The wide variety of specialized or restricted funding sources and the framework of adopted plans and policies makes it impractical to use the CIP for overall project prioritization. Within each program area, the City prioritizes various projects based on identified needs; the projected available funding; the limitations on funding use; and any direction provided by Council, outside agencies, or other sources of input and guidance. Generally, projects improving safety are given a high priority.
CIP Status Report
The Public Works Department’s Engineering Division provides technical oversight in the design and construction of CIP projects, which typically span multiple fiscal years and often require multiple funding sources. The Major Projects Map (SantaBarbaraCA.gov/MajorProjectsMap) has information regarding many current CIP projects.
Council Agenda Report
Annual Capital Improvement Program Project Status Report October 3, 2023
This CIP Report highlights recent progress for selected projects as of the end of Fiscal Year 2023.
Recently Completed Projects
In Fiscal Year 2023, the City completed 11 projects with a total cost of approximately $15 million.
PROJECTS COMPLETED IN FISCAL YEAR 2023
Project / Scope Total Project
Cost
Thousand Steps Beach Public Access Stair Improvements $603,675 Andrée Clark Bird Refuge Coastal Restoration Project 2,017,028 Fiscal Year 2021B Pavement Maintenance Project 6,240,852 Fiscal Year 2022A Pavement Maintenance Project 2,157,044 Fiscal Year 2021A Pavement Maintenance Project (FY22 NOC) 1,344,407 HSIP Cycle 9 Safety Improvements Project 1,341,457
HSIP De La Vina and Sola Corridor Lighting Project 164,532 El Estero Maintenance Building Plumbing Repair Project 48,810 Cater Flash Mixer Installation Project 254,978
Annual Harbor Repair Program 250,000
Annual Wharf Repair Program 500,000
TOTAL $14,922,783
Construction Projects in Progress
At the end of Fiscal Year 2023, there were 17 CIP projects in the construction phase. The total cost for these projects is approximately $39.3 million. Several projects are highlighted below:
AIRPORT
Southfield Redevelopment Project: This project is the first step towards redeveloping the area south of the passenger terminal per the Santa Barbara Airport’s 2017 Airport Master Plan. It will remove Hangar 5, reconfigure the rental car ready-return parking lot, and add three Remain Over Night (RON) aircraft parking spaces. Reconfiguring the rental car ready-return parking lot will add about 60 new parking stalls and provide an area for new RON spaces, so that non-active commercial aircraft will not occupy gates intended for active commercial aircraft.
Council Agenda Report
Annual Capital Improvement Program Project Status Report October 3, 2023
LIBRARY
Central Library Renovation Project: This project has three separately permitted project portions of work. The Plaza Renovation portion includes upper and lower plaza areas with hardscape, lighting, planters, and drought-tolerant landscaping.
The Elevator portion includes a new building code-compliant elevator to create an accessible path of travel from the main entry level to the upper and lower levels of the Central Library. The Lower-Level Staff Area Renovation portion includes a new enclosed conference room, lights, HVAC, flooring, kitchen upgrades, and improved circulation for business operations. The overall project is approximately 75% complete.
PARKS AND RECREATION
Eastside Neighborhood Park Renovation Project: The project will replace the playground for 2- to 5-year-old children with a new playground for 5- to 12-yearold children. It also includes three new adult fitness stations with seven pieces of exercise equipment, a new accessible walking path, and a new fence, gates, and benches in the park’s community garden. Access to the park is impacted through summer 2023 due to construction.
Plaza del Mar Band Shell Renovation Project: Constructed in 1919, this City Landmark was designed by Windsor Soule in the Mission Revival architectural style. The project will rehabilitate the band shell, and include structural repairs, roof repairs, waterproofing, and exterior envelope repairs. It also includes accessibility upgrades, including a wheelchair ramp with stage access, a new paved accessible path between the ramp and lawn seating area, and electrical upgrades, including new stage lighting and security lighting. The project began construction in August 2023 and is anticipated to be completed in spring 2024.
STREETS
Modoc Multiuse Path Extension Project: This project will complete the last remaining section of pathway on Modoc Road linking the path constructed on Las Positas and Modoc Roads in 2020 and 2021 to the County line at the western end of the City limit. Estimated completion is fall 2023.
WATER RESOURCES
Braemar Lift Station Rehabilitation Project: The Braemar Lift Station is the City’s largest and most critical wastewater lift station. The project will upgrade the facility, which was built in 1962 and most recently renovated in 1991, by replacing pumps, electrical systems, piping, bypass connections, and the ventilation system. The project will also recoat the wet well and install new flood control measures. A construction contract has been awarded, and the project is in the procurement phase. Construction is anticipated to begin in spring 2024. Fiscal Year 2023 Wastewater Rehabilitation Project: This project is part of the City’s annual program to maintain approximately 257 miles of sanitary sewer infrastructure. It entails the cleaning, CCTV-ing, and trenchless rehabilitation of 6- inch through 18-inch sewer pipes by utilizing cured-in-place trenchless lining Council Agenda Report
Annual Capital Improvement Program Project Status Report October 3, 2023
technologies. Construction began in summer 2023 and is estimated to be completed in early 2024.
Desalination Product Water Pump Station Upgrades Project: Currently, water from the Desalination (Desal) Plant serves the Downtown area. The project will install (2) 450-horsepower pumps at the Desal Plant and allow water to be pumped up to the Cater Water Treatment Plant, which is the center of the hub of the water distribution system. Upon delivery, Desal water will be mixed with Cachuma Reservoir water and then delivered back to the entire City. The project is estimated to be completed in summer 2024.
Fiscal Year 2021B Water Main Replacement Project: The project includes about two miles of water main at three locations. A 12-inch water main has been installed on Cliff Drive near Santa Barbara City College, and a six-inch water main will be installed to connect Alameda Well to the Ortega Treatment Plant. In addition, four blocks of eight-inch main are being replaced on the Westside. The project is estimated to be completed in winter 2024.
OTHER GENERAL FUND FACILITIES
Fire Station No. 3 Minor Renewal Project: Fire Station No. 3, built in 1929, is designated as a historic building of merit. The project involves replacing historic windows, repainting the building exterior, widening the truck entry by altering the column capitals at the left door, adding an extractor, and relocating the washer/dryer currently on the back porch. The work is estimated to be completed by early fall 2023.
Design Projects In Progress
There are 31 CIP projects currently in the design phase. The total cost for these projects is approximately $107 million. Several projects are highlighted below:
AIRPORT
Terminal Improvement Project: The 2017 Airport Master Plan identified increasing terminal space as a way to help meet projected passenger demand. The current conceptual design includes adding approximately 30,000 square feet to the existing two-story terminal. A majority of the increased space is planned for the southern end of the terminal and will include two new gates with passenger boarding bridges, increased passenger waiting and seating areas on both floors, a new connecting escalator and stairway, increased baggage area, increased queueing space in security, and new restrooms on both floors. The project will also include increased waiting and seating areas in the northern end of the terminal to address current crowding during peak hours, and a new concession space with an open balcony in the center of the terminal. The project’s design is estimated to be completed in fall 2024.
STREETS
Cabrillo Boulevard Roundabout and Pedestrian and Bicycle Facility Improvement Project: The project will soon enter the construction phase. Bids are expected in Council Agenda Report
Annual Capital Improvement Program Project Status Report October 3, 2023
early September, with construction beginning in fall/winter 2023. Construction is anticipated to take one year. Traffic delays are anticipated, but no full closures are allowed at this time. A public outreach meeting will be held prior to construction to discuss phasing, traffic control, and detour routes. A separate project, the Union Pacific Railroad Bridge reconstruction at Cabrillo and Los Patos Way, is underway and entering final design. Construction of the railroad bridge is anticipated to begin in 2026.
PARKS AND RECREATION
Carrillo Gymnasium Minor Renewal Project: This City Landmark was designed by architect Julia Morgan and the stucco-finished building needs exterior structural repairs in order to continue serving the City’s recreational needs.The overall project goal is to halt the broad degradation of the building by addressing and repairing root causes. Work will include exterior concrete and stucco repairs, window repair and replacement, and exterior waterproofing. Additionally, the building will receive a seismic assessment to identify any major structural issues.
Design is estimated to be completed in summer 2024.
Chase Palm Park Wisteria Arbor Project: As part of the proposed waterfront hotel and the Chase Palm Park Expansion Project, which was completed in 1998, the City committed to constructing the Wisteria Arbor. The arbor was not constructed due to lack of funding. To satisfy the contractual obligation, the Wisteria Arbor will be constructed within the Casa Las Palmas patio, and will provide shade and face the future hotel and the Great Meadow. Design is estimated to be completed by fall 2023.
Dwight Murphy Field Renovation Project: This project includes a multi-sport field, youth baseball field, new restroom, all-abilities playground, park entries, walking paths, trees and landscaping, and lighting and parking enhancements. Final design and construction documents will be complete in late 2023. Pending funding, construction could begin in 2024. The City has partnered with the Gwendolyn Strong Foundation to implement the project and secure grant funding. Louise Lowry Davis Center Interior Renovation Project: Funded through Measure C, the exterior renovation of the Center was completed in 2021. Interior renovation is anticipated to begin in October 2023 and will enhance circulation and storage, allow for programing flexibility with more open spaces, improve lighting and air conditioning, and new energy efficient windows and doors. Ortega Park Revitalization Project: The project will completely renovate the park.
The community pool area will include a 25-yard 6-lane pool, a wading pool with spray features, 2 water slides, and restroom/shower facilities. Renovation of the Welcome House will provide a pool check-in facility and a public meeting room.
The plans also include an all-wheel park designed for skateboards, scooters, roller skates, rollerblades, and bikes; and an artificial turf multi-sport field with field lighting. The public art and murals will remain in the park, and the project will add a community plaza adjacent to a playground and basketball court to allow for larger gatherings. Design is estimated to be completed in winter 2024.
Council Agenda Report
Annual Capital Improvement Program Project Status Report October 3, 2023
OTHER GENERAL FUND FACILITIES
City Hall ADA Elevator Project: In 2007, the City hired Gilda Puente-Peters Architects to prepare an ADA Transition Plan outlining areas for improvement. Per the Transition Plan, the City Hall elevator needs several upgrades to fully comply with the ADA and California Building Code. This project will install a new threestop elevator with an enlarged shaft and emergency gurney. Design is estimated to be completed in summer 2024.
City Hall Restroom Upgrade Project: The plumbing system at City Hall has exceeded its serviceable life. This project’s goals include tracing and assessing the water and waste piping systems and redesigning the second floor restrooms to be ADA compliant. Design is estimated to be completed in winter 2023. De La Guerra Plaza Revitalization Project: The recent concept plan for De La Guerra Plaza has received the Historic Landmarks Commission’s (HLC) support to proceed with the design into the Planning Application phase. Reports, studies, and plan revisions are in process for submittal of the application as soon as possible. The comprehensive submittal package will include a number of plans including Architectural, Utility Consolidation, Art, Landscaping, Storm Water Management, Plaque/Flag, and several components for this major project. The HLC is the governing body for both review and approvals for this project. Design is estimated for completion in fall 2024.
Santa Barbara Police Station Project: The Cota Commuter Parking Lot was selected as the location for the new Police Station, and Council and the Planning Commission have adopted the Mitigated Negative Declaration document. The Design Development drawings are completed and have received Project Design Approval from the Architectural Board of Review. The construction drawings are in progress, with the intention of submittal to Building & Safety by January/February 2024. There is a prequalification process for interested general contractors, and a building permit is expected in summer 2024. Building construction is projected for late 2026 with the Police Department moving in soon afterwards.
WATER RESOURCES
Fiscal Year 2023 Water Main Replacement Project: This project will replace approximately 6.5 miles of water main at multiple locations, including segments along Alameda Padre Serra, State Street, La Marina, Red Rose Way, Lucinda Lane, and Cliff Drive. The proposed Alameda Padre Serra Bridge crossing received administrative approval through Community Development. This project is anticipated to go out to bid in September 2023.
Vic Trace Reservoir Replacement: Located in the Mesa neighborhood, this reservoir was built in 1956 and holds 10 million gallons of drinking water to meet community water demand, provide adequate water pressure, and offer firefighting capacity. The project will design and construct one or more new buried drinking water storage reservoirs at the City’s Vic Trace Reservoir property, and will incorporate modern construction technologies to endure seismic events, allow for improved operations and maintenance, and be dependable for decades. Design is estimated to be completed in summer 2025.
Council Agenda Report
Annual Capital Improvement Program Project Status Report October 3, 2023
El Estero Supervisory Control and Data Acquisition Upgrades: The project consists of upgrading the Supervisory Control and Data Acquisition system at the El Estero Water Resource Center. The system is a combination of software and hardware, which play a critical role in controlling and monitoring plant operations. The existing system is approaching the end of its useful life and requires updates. Design is estimated to be completed in fall 2023.
El Estero Water Resource Center Electrical Upgrades Project: The project consists of replacing the electrical power and distribution system at the El Estero Water Resource Center. The project has completed final design, and construction is anticipated to occur over 30 months, beginning in spring 2024.
WATERFRONT
Inner Harbor Dredging Project: Periodically, the Inner Harbor needs spot dredging in a few areas that are not included in the annual dredging of the Federal Channel.
Some areas of focus are the Rock Groin, the Santa Barbara Landing, the Breakwater, and west of the Harbor Restaurant on Stearns Wharf. Design completion is estimated for spring 2024.
Leadbetter Beach Public Restroom Remodel Project: The project will renovate and remodel the public restroom at Leadbetter Beach to improve aesthetics and ADA access, and will remove the exterior privacy walls to enhance public safety and hygiene. Design completion is estimated for spring 2024.
Summary
The City has continued to successfully deliver numerous high priority CIP projects this Fiscal Year. The addition of the Principal Architect position and the move to centralized authority for project delivery will further enhance the successful execution of CIP projects.
For the first time in several years, technical positions dedicated to CIP projects are nearly fully staffed.
BUDGET/FINANCIAL INFORMATION:
The proposed action has no financial impact on the City.
PREPARED BY: Brian D’Amour, P.E., City Engineer/sk
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: October 3, 2023
TO: Mayor and Councilmembers
FROM: Community Vitality Initiatives Division, Community Development Department
SUBJECT: Application Process for Permitting Outdoor Dining on Private Property [Resolution]
RECOMMENDATION: That Council:
A. Receive an informational report on the application process for permitting outdoor dining on private property; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara to Amend the City of Santa Barbara Schedule of Penalties, Fees, and Service Charges to Add a New Permit Fee for a Coastal Development Permit for Outdoor Dining on Private Property by Inserting a Replacement Page into Resolution No. 23-078 Adopted on June 13, 2023, which Became Effective on July 1, 2023, or as Provided Therein.
EXECUTIVE SUMMARY:
In response to the COVID-19 pandemic, the City adopted successive ordinances to relax permitting requirements and suspended enforcement of unpermitted outdoor dining on private property by allowing businesses to expand dining operations into required off-street parking and setback areas on their commercial premises. This authorization adopted most recently pursuant to Ordinance No. 6055, the Economic Recovery Extension and Transition Ordinance (ERETO), expires on December 31, 2023.
At the Council meeting on June 27, 2023, acknowledging the ERETO’s pending expiration on December 31, 2023, Council directed the Community Development Department to return with an informational item explaining the application process for Agenda Item No. 10
File Code No. 530.04
Council Agenda Report
Application Process for Permitting Outdoor Dining on Private Property [Resolution] October 3, 2023
outdoor dining on private property.1 The process requires applicants to submit a development application to allow on-site outdoor dining on private property to remain in place past December 31, 2023, while their application is processed.
Upon expiration of the ERETO, all previous permit requirements will apply for expanded areas of commercial use. Applicants will be required to come into compliance with local, state, and federal laws, such as the adopted Construction Codes and the Santa Barbara Municipal Code. If a business continues to operate on their private property after December 31, 2023, without applying for a permit, the business will be in violation and subject to enforcement action by the City.
A planning permit (PLN) and/or building permit (BLD) will be required to permit outdoor dining in areas on private property not typically allowed, such as in private parking lots and setbacks. If an applicant is in the Coastal Zone, they will also need to obtain a Coastal Development Permit (CDP) as part of the planning process. These permits allow staff to verify that the proposed project meets zoning and construction code requirements and to determine if the project complies with the City’s existing policies related to transportation, stormwater, and environmental services. In order to assist business owners through this process, the City will provide the opportunity for a preapplication review and consultation.
DISCUSSION:
Pre-Application Review:
As a benefit to business owners, staff is providing the option for businesses to submit a pre-application for an outdoor dining permit before applying for a planning or building permit. This pre-application service helps an applicant decide if a project is feasible before they invest the time and expense in drafting complete plans and submitting a full permit application. A person requesting pre-application service must pay the existing $514 pre-application processing fee. The pre-application process follows the existing process, via Accela Citizen’s Access, and benefits business and property owners by allowing early review and comment of proposed applications from the Fire Department, Building and Safety, Planning, Transportation Planning, Environmental Services, and Creeks Divisions without paying the full cost for a Coastal Development Permit or Building Permit. Staff will review big-picture issues such as accessibility, egress, plumbing fixture count, setbacks, parking requirements, and stormwater management.
The Building and Safety Division will review the project to ensure that the business complies with mandated State Construction Code minimums, some of which include requirements for disabled access, required egress, and minimum number of plumbing fixtures for the proposed occupancy. Building and Safety’s pre-application review of the 1 This CAR addresses outdoor dining on private property only. Outdoor dining on private property typically occurs in private parking lots or on private property that was not previously permitted for outdoor dining use. Parklets are outdoor dining in the right-of-way and are different from outdoor dining on private property.
Council Agenda Report
Application Process for Permitting Outdoor Dining on Private Property [Resolution] October 3, 2023
plumbing fixture count associated with the expanded outdoor seating area will be particularly beneficial to business owners. Based on information provided by the applicant, staff will calculate the total floor area and total plumbing fixture occupant load, and then alert the applicant of one of the following:
Existing plumbing fixtures meet the occupant load for the existing and proposed floor area. The application satisfies the initial review and can proceed with a PLN and/or BLD;
Existing plumbing fixtures do not meet the occupant load for the existing and proposed floor area; however, the existing plumbing fixtures are adequate if the applicant reduces the expanded outdoor seating by X%; or Existing plumbing fixtures do not meet the occupant load for the existing floor area, and any expansion of dining outdoors will require additional plumbing fixtures (e.g., new bathroom, additional toilet and/or sink).
Equally beneficial is early review by the Transportation and Planning Divisions and feedback related to parking requirements. Such review might include one of the following comments:
The project site is in an area covered by AB-2097, and therefore, elimination of all parking is allowed in order to create an outdoor dining area; The project site is not located in an area covered by AB-2097, and therefore, existing parking cannot be eliminated in order to provide outdoor dining. In addition, the proposed new seating area will require additional parking; and/or Elimination of the required parking area necessitates removal of the existing driveway and curb cut and replacement with standard curb and gutter.
This information is intended to alert an applicant of the potential alterations needed to permit seating outdoors on private property before they submit for a planning or building permit.
A checklist of materials to submit a pre-application for outdoor dining on private property will be available on the Building and Safety Forms and Applications webpage no later than October 16, 2023. In order to comply with all state and local codes and regulations and avoid potential enforcement action, an applicant will need to submit all preapplication checklist materials and the existing $514 pre-application fee no later than December 20, 2023, at 4:30pm, when Accela Citizen’s Access shuts down for the City’s end-of-year closure. While submitting a pre-application is not mandatory, staff highly recommends applicants take advantage of this early review process. Alternatively, an applicant can submit a planning or building permit by the deadline to remain in compliance while their permit is being processed.
Planning Application/Coastal Development Permit Process:
If an applicant is in the Coastal Zone and wants to proceed with permitting their expanded outdoor dining on private property after going through the pre-application process, they will be required to submit a formal planning application (PLN) for a Council Agenda Report
Application Process for Permitting Outdoor Dining on Private Property [Resolution] October 3, 2023
Coastal Development Permit (CDP). Based on an estimate of staff review time, staff concluded that these projects will take significantly less time than the standard PLN/CDP review, given the anticipated similarities between outdoor dining proposals and limited coastal issues. Staff is proposing a reduced CDP fee of $5,535 (currently, the CDP fee for this type of project would be $11,214). The pre-application fee can be applied toward the CDP fee, resulting in a reduced CDP application fee of $5,021; however, additional standard fees for environmental review, mailed noticing, and design review will also be required. Once a planning permit is obtained, the applicant will be required to submit an application to obtain a building permit with fees per the City’s adopted fee schedule.
Design Review:
All outdoor dining on private property will be subject to design review. The Historic Landmarks Commission will review applications for outdoor dining on private property within El Pueblo Viejo Landmark District. The Architectural Board of Review will review applications outside of El Pueblo Viejo Landmark District. Based on the site and extent of improvements, many applications may qualify for administrative approval or only be required to be reviewed on the design board’s consent agenda.
Building Permit Application Option:
If an applicant is outside of the Coastal Zone, the applicant may submit directly for a building permit and pay full permit fees, although staff highly recommends that a preapplication be submitted first. Applicants should be advised that all outdoor dining areas require design review approval, and only projects outside of the Coastal Zone that qualify for administrative design approval can submit directly for a building permit.
Application Information and Deadline to Submit:
Any business wishing to permit their outdoor dining use on private property must either submit a pre-application, or, if they choose not to apply for a pre-application, apply for a PLN or BLD no later than December 20, 2023, to avoid being in violation. Applications will be accepted on an ongoing basis. Additional information and the application for outdoor dining on private property will be able to be found on the City’s Business website:
https://santabarbaraca.gov/business.
Any existing outdoor dining facility on private property that does not submit a preapplication, PLN, or BLD by December 20, 2023, will be subject to enforcement beginning on January 2, 2024.
Council Agenda Report
Application Process for Permitting Outdoor Dining on Private Property [Resolution] October 3, 2023
Timeline for Enforcement:
Community Development Department’s standard enforcement timelines apply for business owners who have not submitted an application (pre-application, PLN, or BLD) by the December 20, 2023, deadline. The process is as follows:
1. The City has received a complaint that a property is operating without proper permits.
2. The City sends a 10-day access letter to the property owner.
3. The City conducts an investigation and inspection.
4. If the business owner is found to be out of compliance, the owner will receive a Notice of Violation (NOV).
5. The business owner is required to abate the violation within 30 days. Submitting an application starts the abatement process.
Abatement of the violation occurs when the applicant obtains a PLN and/or BLD and receives final inspection for the BLD, or when the applicant removes the outdoor dining from the premises (utilizing the appropriate permit if necessary). If an applicant does not respond to the NOV in a timely manner, the applicant may be subject to penalties and further enforcement action.
Business Outreach
Community Development Department staff attended the Downtown Organization Food and Beverage Committee meeting on September 21, 2023, and met one on one with business stakeholders to discuss the outdoor dining on private property application process. Additionally, a new webpage will be launched under the City’s Business website that includes the application materials and additional information about the program. Continued outreach will occur prior to the ERETO expiration through noticing to businesses, City News in Brief, and additional outreach meetings.
BUDGET/FINANCIAL IMPACT:
A newly reduced CDP fee of $5,535 is being proposed for outdoor dining on private property, commensurate with the anticipated staff review time. The new CDP Outdoor Dining on Private Property fee of $5,535 is calculated to recover the full cost of providing the service. Due to the urgency of implementing a fee for outdoor dining on private property, consistent with the City Council’s prior direction on June 27, 2023, staff was not able to schedule this item to first be heard by the Finance Committee, as would typically be done for new fees. Staff welcomes public input and recommends approval by the City Council at today’s meeting. The proposed fee shall become effective not less than sixty (60) days after final adoption of the resolution approving such fees and charges.
The demand for permits related to the CDP fee for outdoor dining on private property is not known at this time. Staff anticipates that the total permits issued will be less than Council Agenda Report
Application Process for Permitting Outdoor Dining on Private Property [Resolution] October 3, 2023
twenty. Any additional salary costs incurred as a result of the new and increased workload are anticipated to be fully offset by revenue collected from the proposed fee.
ENVIRONMENTAL REVIEW:
Although individual permits pertaining to outdoor dining on private property are likely to be exempt from environmental review, pursuant to CEQA Section 15301 (existing facilities) and 15303 (new construction or conversion of small structures), establishing the application process for permitting expanded outdoor dining on private property does not trigger environmental review.
PREPARED BY: Tess Harris, State Street Master Planner
Allison DeBusk, City Planner
Christina Dye, Chief Building Official
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
1 RESOLUTION NO. 23-____
A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA
BARBARA TO AMEND THE CITY OF SANTA BARBARA
SCHEDULE OF PENALTIES, FEES, AND SERVICE
CHARGES TO ADD A NEW PERMIT FEE FOR A COASTAL
DEVELOPMENT PERMIT FOR OUTDOOR DINING ON
PRIVATE PROPERTY BY INSERTING A REPLACEMENT
PAGE INTO RESOLUTION NO. 23-078 ADOPTED ON JUNE
13, 2023, WHICH BECAME EFFECTIVE ON JULY 1, 2023,
OR AS PROVIDED THEREIN
WHEREAS, the City Council adopted Resolution No. 23-078 Amending the City of Santa Barbara Schedule of Penalties, Fees, and Service Charges on June 13, 2023, as part of the Operating and Capital Budget for Fiscal Year 2024; and WHEREAS, the City Council desires to create a permanent outdoor dining on private property program, whereby an applicant will be required to submit for a Planning Permit and/or Building and Safety Permit to operate outdoor dining on private property beyond December 31, 2023; and
WHEREAS, the City Council wishes to amend the City of Santa Barbara Schedule of Penalties, Fees, and Service Charges to add a Coastal Development Permit fee specifically for outdoor dining on private property, so that the fee is commensurate with the staff time involved to review such a project, by inserting the replacement page attached hereto as Attachment A.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:
Section 1. The Council hereby determines and finds that:
a. Funds are needed to defray the cost of providing programs and services furnished by the City.
b. The funds needed to defray such operating expenses can and should be obtained by setting fees and charges for these programs and services. c. The setting of fees and charges for these programs and services is exempt from compliance with the requirements of the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080(b)(8)(1)-(4) and Title 14 of the California Administrative Code, Section 15273(a)(1)-(4).
Section 2. The Council hereby directs the City Clerk to insert the replacement page attached hereto as Attachment A into Resolution No. 23-078 adopted on June 13, 2023, effective July 1, 2023, or as provided therein.
2 Section 3. All other fee resolutions in effect shall remain in full force.
ATTACHMENT A
1/4 of current
application fee
Postponement (rescheduling requested by the applicant; may require re-noticing fee) $210 1/2 of current
application fee
● Review After Final (minor changes only; significant changes may require a different fee):
Administrative Review $89
$189
$267
● Minor Tree Removal Permit (1 to 3 trees, reviewed Administratively or on Consent) $509
COASTAL ZONE REVIEW
● Coastal Exclusions and Exemptions:
Coastal Exemption - No Documentation Required $94
Coastal Exemption – Temporary Events $1,139
All other Exclusions or Exemptions $572
● Coastal Development Permits:
Residential:
Accessory Dwelling Unit on a bluff-top lot $16,737
Accessory Dwelling Unit on all other lots $5,769
Other Single Unit development on a bluff-top lot $25,940 Other Single Unit development on all other lots $13,476 2-5 New Units $13,476
Over 5 New Units $23,430
Non-Residential:
0 - 3,000 sq. ft. $15,666
Over 3,000 - 10,000 sq. ft. $19,950
Over 10,000 sq. ft. $24,853
Other:
Outdoor Dining on Private Property $5,535
Consent or Minor Coastal Development Permit $11,214
Change of Use $15,666
$1,155
Recommendation to California Coastal Commission (No Planning Commission or Staff $572 Hearing Officer review required)
Consent Calendar
Emergency Coastal Development Permit (credited toward subsequent Coastal Development Permit)
Revised Projects (substantially revised by the applicant after project is determined to be complete) Revised projects that include additional applications are subject to fees for additional applications.
Supplemental Completeness Review (third and each subsequent submittal to staff for review of application completeness)
Full Board / Commission