CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Alejandra Gutierrez
Mayor Pro Tempore
Rebecca Bjork
City Administrator
Oscar Gutierrez
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Eric Friedman
Finance Committee Chair
Meagan Harmon
Mike Jordan
Kristen W. Sneddon
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
NOVEMBER 7, 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.
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.
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 at the time the Council considers the Consent Calendar.
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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. 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. 11/07/2023 Santa Barbara City Council Final Agenda Page 1 NOVEMBER 7, 2023 AGENDA
ORDINANCE COMMITTEE MEETING - 12:00 P.M. IN THE COUNCIL CHAMBER
1. Subject: Specific Plan (SP11-CHC) for 3237 State Street (120.03) Recommendation: That Ordinance Committee consider a proposed Ordinance of the Council of the City of Santa Barbara Adding Chapter 30.136, Community Health Center Specific Plan (SP11-CHC) Zone, to the Municipal Code to regulate uses at 3237 State Street and forward the Ordinance to City Council for introduction and adoption.
REGULAR CITY COUNCIL MEETING - 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEM
1. 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 November 30, 2023.
CHANGES TO THE AGENDA
CONSENT CALENDAR
2. Subject: Restructure of Santa Barbara Community Housing Corporation’s Loan on Property Located at 821 Bath Street [Ordinance Adoption] (640.08) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Restated Loan Agreement with Santa Barbara Community Housing Corporation, a California Nonprofit Public Benefit Corporation, Secured by a Restated Deed of Trust, and New Ninety-Year Affordability Control Covenant Imposed on Real Property Located at 821 Bath Street; and Authorizing the Community Development Director to Execute Such Agreements, Subject to Approval as to Form by the City Attorney, as Necessary. 11/07/2023 Santa Barbara City Council Final Agenda Page 2
3. Subject: Establish a Joint Powers Authority to Issue Future Debt [Ordinance Adoption] (210.01)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Execution and Delivery of a Joint Exercise of Powers Agreement by and Between the City and the California Statewide Communities Development Authority and Other Matters Related Thereto.
4. Subject: Ordinance Authorizing and Regulating Parklets for Outdoor Dining in the Public Right of Way [Ordinance Introduction] (530.04) Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by the Addition of Chapter 9.180 Relating to Parklets in the Public Right of Way.
5. Subject: Communication Facilities License Agreement with COX Business and SBA RAC Participants/DBA AvAirPros Services [Ordinance Introduction] (560.01)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Airport Director to Execute a Communication Facilities License Agreement with COX Business and SBA RAC Participants/DBA AvAirPros Services, Located at 25 David Love Place, Commencing Upon the Effective Date of the Enabling Ordinance.
6. Subject: Statement of Investment Policy and Delegation of Investment Authority for Calendar Years 2023 and 2024 [Resolution] (260.01) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the Investment Policy for the City and Rescinding Resolution No. 22-131.
7. Subject: Conservation Easement with Santa Barbara County for the Barger Canyon Open Space (APN 055-020-34) [Resolution] (630.02) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Sustainability and Resilience Director to Execute a Conservation Easement and All Necessary Related Documents with Santa Barbara County for the Barger Canyon Open Space (APN 055-020-34).
11/07/2023 Santa Barbara City Council Final Agenda Page 3
8. Subject: California Department of Parks and Recreation, Division of Boating and Waterways, Grant for Disposal of Surrendered or Abandoned Recreational Vessels [Resolution; Agreement] (570.03)
Recommendation: That Council:
A. Authorize the Waterfront Director to execute an agreement with the California Department of Boating and Waterways, Division of Boating and Waterways, accepting a $65,500 grant for the removal of abandoned or voluntarily surrendered recreational boats and associated hazards to navigation; 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 California Department of Parks and Recreation, Division of Boating and Waterways, Grant for Disposal of Surrendered or Abandoned Recreational Vessels.
9. Subject: Agreement with LCT Software LLC (DigEplan) for Accela Electronic Plan Review Software to Enhance the Plan Review Process and Improve Customer Service [Resolution; Agreement] (170.04)
Recommendation: That Council:
A. Authorize the Information Technology Director to execute a Master Customer Agreement contract with LCT Software LLC (DigEplan) in the amount of $175,050, for Accela Electronic Plan Review Software to include licensing, maintenance and support;
B. Authorize the Information Technology Director to execute a Professional Services Agreement contract with TruePoint Solutions, LLC in the amount of $36,730, the base contract amount is $34,980 with an additional $1,750 for extra services that may result from necessary changes in the scope of work, for Accela Electronic Plan Review Software to include implementation services for DigEplan; and
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Approve an Increase in Fiscal Year 2024 Expenditure Appropriations in the Capital Outlay Fund in the Amount of $38,277 Funded by Community Development and Public Works Technology Fee Reserves to Fund a Portion of the Fiscal Year 2024 DigEplan Licensing, Maintenance, and Support Costs.
10. Subject: Environmental Services for the Water Resources Operations and Maintenance Building Project [Resolution; Agreement] (540.01) 11/07/2023 Santa Barbara City Council Final Agenda Page 4 Recommendation: That Council:
A. Authorize the Public Works Director to execute a City Professional Services contract with Dudek in the amount of $238,548 for environmental services for the Water Resources Operations and Maintenance Building Project and authorize $35,782 for potential extra services, for a total expenditure authority of $274,330; 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 Environmental Services for the Water Resources Operations and Maintenance Building Project.
11. Subject: Amendment to Professional Services Agreement for Community Outreach Services [Resolution; Agreement] (170.01)
Recommendation: That Council:
A. That Council approve an amendment to the Professional Services Agreement with GrassrootsLab LLC. for Community Outreach Services to increase the contract amount by $77,000 for a new total amount of $112,000; 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 City Administrator’s Office Fiscal Year 2024, to Appropriate Available General Fund Reserves into the City Administrator's Office Budget for Community Outreach Services.
12. Subject: Professional Services Agreement with DesignARC, Inc. for Franceschi Park Interpretive Pavilion Preliminary Design [Agreement] (570.05)
Recommendation: That Council authorize the Parks and Recreation Director to execute a professional services agreement with DesignARC, Inc. in the amount of $302,530 for the preliminary design of the Franceschi Park Interpretive Pavilion Project, and approve expenditures of up to $30,253 to cover any additional cost that may result from necessary changes in the scope of work.
13. Subject: Design Services for the Fiscal Year 2025 Capital Pavement Maintenance Projects [Agreement] (530.04)
Recommendation: That Council:
11/07/2023 Santa Barbara City Council Final Agenda Page 5 A. Approve the extension of the selection of Flowers & Associates, Inc. to provide professional engineering design and construction management services for the annual Capital Pavement Maintenance Projects scheduled for Fiscal Years 2020 through 2024 to include Fiscal Year 2025; and B. Authorize the Public Works Director to execute a City Professional Services contract with Flowers & Associates, Inc. in the amount of $371,028 for design services of the Fiscal Year 2025 Capital Pavement Maintenance Projects, and authorize $37,103 for potential extra services, for a total expenditure authority of $408,131.
14. Subject: Construction Management Services for Water Main Replacement Projects [Agreement] (540.06)
Recommendation: That Council:
A. Authorize the Public Works Director to execute a City Professional Services contract with Flowers & Associates, Inc., in the amount of $1,288,176 for construction management and inspection services, and authorize $128,817 for potential extra services, for a total expenditure authority of $1,416,993 or the Fiscal Year 2023 Water Main Replacement Project; and B. Authorize the Public Works Director to execute the Second Contract Amendment with Flowers & Associates, Inc., for construction management and inspection services for the Fiscal Year 2021B Water Main Replacement Project Contract No. 28,217, in the amount of $59,252, for a total expenditure authority of $438,287.
15. Subject: Design Services for the Milpas Street Crosswalk Safety and Sidewalk Improvements Project [Agreement] (530.04)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with GHD Inc. in the amount of $1,524,277 for design services of the Milpas Street Crosswalk Safety and Sidewalk Improvements Project, and authorize $152,428 for potential extra services, for a total expenditure authority of $1,676,705.
16. Subject: Approval of Transient Occupancy Tax and Cannabis Audit Services Agreement [Agreement] (220.03)
Recommendation: That Council authorize the Finance Director to execute an agreement with Hinderliter De Llamas & Associates (HdL) for Transient Occupancy Tax (TOT) and Cannabis Audit Services for three years, at an amount not to exceed $276,200.
11/07/2023 Santa Barbara City Council Final Agenda Page 6
17. Subject: Funding Recommendations for Community Arts, Organizational Development, and Events and Festivals Cultural Arts Grants (150.04) Recommendation: That Council review and approve the City of Santa Barbara Arts Advisory Committee and Community Events and Festivals Committee grant funding recommendations for Fiscal Year 2024.
18. Subject: Change Order for Purchase of Public Trash and Recycling Containers (630.02)
Recommendation: That Council authorize a change order to increase Purchase Order No. 32301596 by $326 with public trash and recycling container vendor, Forms & Surfaces, for a final not to exceed amount of $100,246.
19. Subject: Approval of Purchase Order to Hali-Brite, Inc. to Provide Runway Light Emitting Diode (LED) Retrofit Assemblies for Four (4) Runway Closure Markers (560.04)
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, and authorize the City General Services Manager to issue a Purchase Order to Hali-Brite, Inc. for providing LED retrofit assemblies for the four Runway Closure Markers at Santa Barbara Airport in an amount of $40,000.
20. Subject: Approval of Benefit Plans Effective January 1, 2024 (430.06) Recommendation: That Council:
A. Approve the renewal rates for the CalPERS Health Plans; Delta Dental Plans; Vision Service Plans; Employee Assistance Program (EAP); Health and Dependent Care Flexible Spending Accounts (FSA) benefits, and the carrier change from the Hartford Term Life and Disability Insurance Plans to the Standard Insurance Plans; and
B. Authorize the City Administrator to execute any necessary contracts or any amendments to agreements or contracts.
21. Subject: Cancellation of Certain Council Meetings in 2024 (120.09) Recommendation: That Council cancel the regular Council Meetings on the following dates: January 2, January 16, February 20, March 26, April 2, May 28, June 18, July 9, July 16, August 6, August 13, September 3, November 12, November 26, December 17, December 24, and December 31, 2024.
REPORT FROM THE ORDINANCE COMMITTEE
11/07/2023 Santa Barbara City Council Final Agenda Page 7
PUBLIC COMMENT
PULLED CONSENT ITEMS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC WORKS DEPARTMENT
22. Subject: Resolution to Call a Special Election and Approve a Ballot Measure to Amend the City Charter to Modernize Public Works Contracting [Resolution] (110.03)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving and Calling for the Submission to the Voters of a City Council Proposed Measure to Amend City Charter Section 519 to Modernize Public Works Contracting at a Special Municipal Election to be Held in the City on Tuesday, March 5, 2024.
PUBLIC HEARING
COMMUNITY DEVELOPMENT DEPARTMENT
23. Subject: Elimination of Average Unit-Size Density Incentive Program Expiration Date [Ordinance Introduction] (610.04)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Santa Barbara Municipal Code Sections 30.20.030, 30.25.030, 30.30.30, 30.140.220,
30.150.010, 30.150.040, and 30.150.050 to Eliminate the Expiration Date from the Average Unit-Size Density Incentive Program.
CEREMONIAL ITEM (ESTIMATED TIME 5:30 P.M.)
24. Subject: United Boys & Girls Club Gold Card Recipients - Westside & Downtown (120.04)
MAYOR AND COUNCIL REPORTS (ESTIMATED TIME 6:00 P.M.)
25. Subject: Interviews for City Advisory Groups (140.05) Recommendation: That Council hold interviews of applicants to various City Advisory Groups (Est. time 6:00 p.m.).
COUNCIL AND STAFF COMMUNICATIONS
11/07/2023 Santa Barbara City Council Final Agenda Page 8
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
CLOSED SESSIONS
26. 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 Karen Barrows v. County of SB, et al. SBSC Case No. 22CV03508.
Scheduling: Duration 15 mins; anytime
Report: None anticipated
27. 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 City of Santa Barbara v. 3M Company, et al. USDC Case No. 2:22-cv-00993-RMG (MDL No. 2873) and In re: Aqueous Film-Forming Foams Products Liability Litigation, Master Docket No. 2:18-mn-02873-RMG (MDL No. 2873).
Scheduling: Duration 20 mins; anytime
Report: None anticipated
28. Subject: Public Employment/Public Employee Appointment (450.01) Recommendation: That Council hold a closed session, per Government Code Section 54957(b)(1), to discuss appointment for the position of Interim City Administrator and, if appropriate, make a decision regarding that appointment.
Scheduling: Duration: 30 minutes; anytime
Report: Report anticipated.
ADJOURNMENT