Santa Barbara City Council
December 5, 2023

A copy of the agreement extension may be requested from the Finance Department for public review. To request a copy, please contact [email protected].

PREPARED BY: Nathalie Lecolley, Controller
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Human Resources
SUBJECT: Interim City Administrator Employment Agreement and Amended City Attorney Employment Agreement [Agreement]
RECOMMENDATION:

That Council approve and authorize the Mayor to execute an agreement with Sarah Knecht to serve as the Interim City Administrator effective December 30, 2023, and an Amended City Attorney Employment Agreement.

DISCUSSION:

The City Council has appointed Sarah Knecht to serve as the Interim City Administrator beginning December 30, 2023. Ms. Knecht has been serving as the City Attorney since December 2022 and will resume this role once the permanent City Administrator assumes their employment with the City.

Ms. Knecht will be appointed with an annual salary of $324,180.48, plus benefits, during her tenure as Interim City Administrator. This salary will continue when she returns to her role as City Attorney. Consequently, there will be an amendment to her City Attorney employment agreement to reflect this salary adjustment, while all other terms in her current employment agreement as City Attorney will remain unchanged.

The proposed employment agreement for the Interim City Administrator, along with the amendment to the City Attorney employment agreement, are attached.

BUDGET/FINANCIAL INFORMATION:

In addition to the salary outlined in the employment agreement, Ms. Knecht will continue to receive the fringe benefit package that was budgeted for Fiscal Year 2024, in accordance with Group I of the Management Performance and Compensation Plan.

Agenda Item No. 18
File Code No. 170.01
Council Agenda Report
Interim City Administrator Employment Agreement and Amended City Attorney Employment Agreement [Agreement]
December 5, 2023

ATTACHMENTS: 1. Draft Employment Agreement for Interim City Administrator with Sarah Knecht

2. Amended and Restated Agreement for City Attorney with Sarah Knecht
PREPARED BY: Wendy Levy, Human Resources Director
APPROVED BY: Randy Rowse, Mayor

EMPLOYMENT AGREEMENT FOR INTERIM CITY ADMINISTRATOR
This Agreement is entered into, effective this 30th day of December, 2023, by and between the City of Santa Barbara, a municipal corporation (hereinafter called the “City”) and Sarah J. Knecht (hereinafter called “Knecht”).

1. DUTIES: The City hereby agrees to employ Knecht as interim City Administrator, to perform the duties of the City Administrator as set forth in the City Administrator’s current job description and Section 604 of Article VI of the City Charter. The City acknowledges that Knecht, while temporarily relinquishing her role as City Attorney, may select an Acting City Attorney to fulfill those duties, throughout her tenure as City Administrator.

2. COMPENSATION AND BENEFITS: As compensation for Knecht’s services, City agrees to pay Knecht, on a bi-weekly basis, an annual base salary of $324,180.48. Knecht will continue to be paid that same salary when she returns to her position as City Attorney.

Knecht’s salary as City Attorney will be reflected in an amendment to her employment contract as the City Attorney which is hereby approved, and which will become effective upon Knecht’s resumption of duties as City Attorney. All other benefits that existed prior to the effective date of this Agreement and all rights and obligations of the position of City Attorney will again apply to Knecht.

3. TERM: Knecht shall be employed for a term beginning December 30, 2023, and ending when a new City Administrator assumes office, but in no event exceeding 960 hours in a fiscal year.

4. TERMINATION: Knecht acknowledges, in the position of interim City Administrator, Knecht is an at-will employee who serves at the pleasure of a majority of the City Council and no cause is necessary to terminate Knecht’s interim employment, and no specified term of interim employment is guaranteed or implied. In the event a majority of the City Council terminates this Agreement for any reason, Knecht will be returned to her position as City Attorney without any severance and at the salary of $324,180.48 and the same benefits that existed prior to the effective date of this Agreement and all rights and obligations of that position will again apply to Knecht.

5. RENEWAL: Notwithstanding any other provisions of this Agreement, the City is prohibited through this Agreement or any amendment thereto or in any other way to provide an automatic renewal of this Agreement that provides for an automatic compensation increase in excess of a cost-of-living adjustment or a maximum cash settlement in excess of certain limits established by Government Code section 3511.2.

6. NO PROPERTY INTEREST. This Agreement does not create any property interest in continuing employment, nor does this Agreement create any expectation of continuing employment.

7. ENTIRE AGREEMENT. This Agreement supersedes any and all prior understandings or agreements, written or oral, between the parties, and contains all of the covenants and agreements between the parties regarding the subject matter herein. Each party acknowledges that no promises, representations, inducements or Agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any party, that are not set forth herein.

8. AMENDMENTS: This Agreement may only be amended in writing by mutual consent of the City and Knecht.

9. SEVERABILITY. If a court holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

10. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. The Council, in consultation with Knecht, may fix any such other terms and conditions of employment relating to the performance of Knecht, provided the terms or conditions do not conflict with the provisions of this Agreement.

11. INTERPRETATION. Each party and its counsel (if sought) have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

12. INDEPENDENT LEGAL ADVICE. City and Knecht represent and warrant to each other that each has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel (if sought).

13. GOVERNING LAW. If any action is brought to enforce or interpret the provisions of this Agreement, the laws of the State of California shall govern, and venue shall be in the County of Santa Barbara.

14. CITY COUNCIL APPROVAL. This Agreement shall be of no force and effect unless or until approved by the City Council of the City of Santa Barbara.

CITY OF SANTA BARBARA
A municipal corporation,
By: _______________________
Randy Rowse, Mayor
APPROVED AS TO FORM:

By: _______________________
John Doimas, Assistant City Attorney
ATTEST:

By: ______________
Sarah Gorman, City Clerk Services Manager
By: _________________________
Sarah J. Knecht, an individual
1 AMENDED EMPLOYMENT AGREEMENT
Agreement No. ____
The City of Santa Barbara, a municipal corporation, hereinafter referred to as “Employer” and Sarah J. Knecht, an individual, hereinafter referred to as “Employee” enter into this Amended Employment Agreement (Agreement”) on this Fifth Day of December 2023 for Employee’s services as City Attorney for the City of Santa Barbara.

WHEREAS, the City Council of the City of Santa Barbara, hereinafter “City Council”, determined that Employee has the necessary qualifications and experience for the office of City Attorney as required by the City Charter; and WHEREAS, on December 13, 2022, Employer and Employee entered into an initial employment agreement No. 28,232 which provides terms and conditions of employment; and
WHEREAS, on December 5, 2023, the City Council approved an Agreement between the Employer and Employee appointing Employee as interim City Administrator for a term beginning December 30, 2023, and ending when a new City Administrator assumes office, but not to exceed 960 hours in a fiscal year; and WHEREAS, Employee’s compensation as interim City Administrator is for an annual base salary of $324,180.48, which annual base salary shall continue when Employee returns to her role as City Attorney; and
WHEREAS, this Amended Employment Agreement is entered into to reflect Employee’s new salary as City Attorney.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

1. Under Section 3(A) of Employment Agreement No. 28,232 shall be amended to state the following:
“As compensation for Employee's services, Employer agrees to pay Employee, on a biweekly basis, an annual base salary of $324,180.48, effective on the first day that Employee resumes her position as City Attorney .

2. All remaining terms of Agreement No. 28,232 shall continue in full force and effect.

The parties hereto have executed this Agreement in duplicate the day and year noted above.
2 CITY OF SANTA BARBARA
A municipal corporation,
By: _______________________
Randy Rowse, Mayor
APPROVED AS TO FORM:

By: _______________________
John Doimas
Assistant City Attorney
ATTEST:

By: _____________________________
Sarah Gorman
City Clerk Services Manager

By: _________________________
Sarah J. Knecht, an individual

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Business Services Division, Waterfront Department SUBJECT: Waterfront Department Proposed Assignment of License Agreement No. 27,014 – Epic Cruises For Santa Barbara Water Taxi [Agreement] RECOMMENDATION:

That Council approve the Assignment of License Agreement No. 27,014 from Epic Cruises Inc., doing business as Celebration Cruises, to Sagamore Stearns, LLC for Water Taxi Lil’ Toot.

DISCUSSION:

Fred and Kathy Hershman have operated the Santa Barbara Water Taxi, a.k.a. “Lil’ Toot”, under license agreements since October 2003. Lil Toot has carried over 1,000,000 passengers during this period and continues to provide a valuable service to both visitors and the boating community.

In September 2023, Mr. and Mrs. Hershman informed Waterfront staff of their desire to sell their business to Samuel Walters, with Sagamore Stearns LLC. Mr. Walters is a local businessman who earlier this year acquired the license to operate the vessels Azure Seas and Whisper from the Hershmans. In addition, Mr. Walters has been involved in real estate management since 2019. He currently owns a multi-million-dollar real estate holding and management company and is an active managing partner of Sagamore Bridge Capital. Also, in 2021 he negotiated and executed the sale of Goleta based business, Zodo’s, which he owned and successfully managed for several years.

In accordance with the Department’s license assignment procedure, no changes to the business terms of the license will occur as part of this license assignment. The basic terms of the current license are as follows:
 Term: Five year initial term through August 2026 and one, five-year option.

Agenda Item No. 19
File Code No. 330.04
Council Agenda Report
Waterfront Department Proposed Assignment of License Agreement No. 27,014 – Epic Cruises For Santa Barbara Water Taxi [Agreement]
December 5, 2023

 Water Taxi Service: The water taxi must operate hourly between the Harbor and Stearns Wharf, from 12:00 noon to sunset, weather and sea conditions permitting.

Extended hours and more frequent trips are encouraged.
 Charter Service: Licensee may offer a charter service only prior to 12:00 noon and after 5:00 p.m. and within City waters. Licensee may sell or provide food and/or beverage only onboard the vessel as part of the Charter Service.  Shore Boat Service: Licensee may provide shore boat service, providing transportation between shoreside facilities (such as Cabrillo Landing, the launch ramp, and Stearns Wharf) and vessels moored in City waters (such as the east of Stearns Wharf mooring and anchorage areas).
 Restrictions on Use: Charters may take place only outside of the normal Water Taxi operating hours – before 12:00 noon and after 5:00 p.m.  License Fee: $100 per month or a percentage of gross sales, whichever is greater.  Percentage Fee: Variable depending on type of sales activity.

Fred and Kathy Hershman are considered a tenant in good standing by the Waterfront Department as they have no outstanding default notices on file and have been prompt with their payments.

BUDGET/FINANCIAL INFORMATION:

The license revenue has been incorporated into the Fiscal Year 2024 revenue appropriations in the Waterfront’s operating budget. No additional appropriations are required.

The Harbor Commission recommended approval of the proposed license assignment at their October 19, 2023 meeting.

A copy of the license assignment is available for public review from the Waterfront Department; please email [email protected] to request a copy.

PREPARED BY: Cesar Barrios, Waterfront Business Manager SUBMITTED BY: Mike Wiltshire, Waterfront Director
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Contract Amendment for Design Services for the Santa Barbara Airport Taxiways M, J, and G Pavement Improvements Project [Agreement]
RECOMMENDATION:

That Council authorize the Public Works Director to execute the First Contract Amendment with Mead and Hunt, Inc., for design engineering services for the Taxiways M, J, and G Pavement Improvement Project, Contract No. 28,261, in the amount of $117,668, for a total expenditure authority of $380,448.

DISCUSSION:

Background
On February 28, 2023, Council authorized a design services contract with Mead and Hunt, Inc. (Mead and Hunt) in the amount of $262,780 to assess and design the pavement rehabilitation and possible reconstruction for Taxiways M, J, and G, which currently have poor or fair pavement ratings. The purpose of the pavement rehabilitation or reconstruction is to address pavement cracking and other pavement distresses that could dislodge pavement aggregate, which then would pose a risk to aircraft.

Current Status
The Santa Barbara Airport (Airport) has started and anticipates completing the design of the Taxiways M, J, and G Pavement Improvement Project (Project) by late winter 2024.

During the design phase, the Federal Aviation Administration (FAA) communicated to the Airport that Taxiways J and G are considered “over-wide” taxiways, regarding the pavement widths. The taxiways’ widths are four times larger than a standard taxiway for the targeted design aircraft and displace the taxiway signage and edge lighting further away from a pilot’s view traveling on the centerline. Therefore, the FAA has requested that the Airport proceed with reducing the taxiways’ size by implementing no-taxi islands in the center of the taxiways as depicted in the Attachment, which would require new taxiway edge lighting. The no-taxi islands will be painted areas on the pavement indicating that aircraft are not allowed to taxi through the painted islands. Instead, two taxi lanes Agenda Item No. 20
File Code No. 560.04
Council Agenda Report
Contract Amendment for Design Services for the Santa Barbara Airport Taxiways M, J, and G Pavement Improvements Project [Agreement]
December 5, 2023

would be created on each side of the island. The edge of the no-taxi islands would require in-pavement taxiway edge lighting for visual aid, and was not included in Mead and Hunt’s original scope. Additional electrical engineering design is needed to implement the new lighting into the airfield circuit, as well as signage and other lighting modifications on the taxiways that will result from constructing the no-taxi islands.

Additionally, during design, the asphalt portion of the terminal apron by Terminal Gates 1 and 2 has started to show significant damage within this past year. The Airport has decided to include additional civil design in this contract to prepare pavement repair options as part of the overall Project. The area by Gates 1 and 2 serves as crucial terminal apron space for commercial aircrafts with regularly scheduled daily arrivals and departures. The severity of the pavement distresses may be signs of failing pavement base. The additional design includes full reconstruction of the pavement profile, as well as other alternative surface pavement repairs that may better serve future developments of the terminal apron.

BUDGET/FINANCIAL INFORMATION:

The design of this Project is funded through the FAA Airport Improvement Program (AIP), which distributes funding through an entitlement program based on annual enplanements or on a discretionary basis. On September 12, 2023, the Airport executed the AIP Grant Agreement 3-06-0235-073-2023 (Grant Agreement) for the original amount of the design contract and the other design contracts where federal funding contributes to 90.66% of the total Project costs. The additional lighting and pavement work is also grant-eligible.

The Airport will request to amend the Grant Agreement for the increased electrical design and apply for separate AIP grants for the additional civil design and future construction costs.

There are sufficient expenditure appropriations in the Airport Capital Fund in Fiscal Year 2024 to fund the additional design as described in the First Amendment of Mead and Hunt’s contract until funding from the Grant Amendment and new grants become available.

ENVIRONMENTAL REVIEW:

The FAA has determined that the Project is categorically excluded under the National Environmental Policy Act pursuant to FAA Order 1050.1F. This Project will require environmental review as determined by California Environmental Quality Act (CEQA) regulations as well as coastal zone review. CEQA review will be completed prior to implementation of the construction contract.

ATTACHMENT Vicinity Map - Taxiways G and J at Santa Barbara Airport PREPARED BY: Brian D’Amour, P.E., City Engineer/PD/sk
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

ATTACHMENT
Vicinity Map - Taxiways G and J at
Santa Barbara Airport

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Business Services, Waterfront Department
SUBJECT: First Amendment to Contract for Cruise Ship Passenger Shuttle Service with Santa Barbara Airbus [Agreement]
RECOMMENDATION:

That Council authorize the Waterfront Director to increase Professional Service Agreement No. 28,040 with Santa Barbara Airbus, Inc. in the amount of $45,000 for a total contract amount of $128,705 for cruise ship shuttle services.

DISCUSSION:

Cruise ships have regularly visited Santa Barbara since 2009. These cruise ships frequent Santa Barbara during non-peak business seasons between March and May and again in late-September through November.

Though not a standard cruise ship port with a dedicated terminal, Santa Barbara receives continued praise from cruise ship passengers and cruise ship operators for the consistent organization and hospitality shown to passengers departing the ship and visiting the shore-side hospitality tent. The hospitality tent, coordinated by the Waterfront Department, is a collaborative effort that includes Visit Santa Barbara, Downtown Santa Barbara, and the Chamber of Commerce of the Santa Barbara Region.

Many cruise ship passengers depart the hospitality area on pre-paid excursions. For those not taking an excursion, the Waterfront Department offers free shuttle service to a number of locations throughout downtown. This service has proved invaluable in getting cruise ship passengers to the doorsteps of local businesses.

Staff issued a Request for Proposals for a transportation company in November of 2021 to provide shuttle services for cruise ship passengers. Santa Barbara Airbus, Inc. was the successful bidder.

The contract increase is for the remainder of FY24, which will cover the cost of cruise ship shuttles at the end of the 2023 Fall season and the 2024 Spring season.

Agenda Item No. 21
File Code No. 570.03
Council Agenda Report
First Amendment to Contract for Cruise Ship Passenger Shuttle Service with Santa Barbara Airbus [Agreement]
December 5, 2023

BUDGET/FINANCIAL INFORMATION:

Santa Barbara Airbus currently has the following rates:
i. 56 passenger Tour Coach - $1,275. Five hour minimum. Additional hours to be paid at a rate of $215 per hour.
ii. 23 Passenger Mini Coach - $750. Five hour minimum. Additional hours to be paid at a rate of $140 per hour.

The number and type of shuttles required for each cruise ship visit are determined by the passenger occupancy of the particular ship visiting.

These costs are charged to the Waterfront Department’s Property Management Account and are directly offset by cruise ship revenue received for the particular ship that required the shuttle service. Therefore, the Waterfront is only charged if a cruise ship visits Santa Barbara and Santa Barbara Airbus shuttle service was provided. Adequate expenditure appropriations exist in the Waterfront Department’s FY2024 operating budget.

A copy of the professional services agreement is available for public review from the Waterfront Department; please email [email protected] to request a copy.

PREPARED BY: Angela Rodriguez, Administrative Analyst II SUBMITTED BY: Mike Wiltshire, Waterfront Director
APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 12, 2023
TO: Mayor and Councilmembers
FROM: Information Technology Department
SUBJECT: Agreement with Governmentjobs.com, INC. (DBA “NEOGOV”) for Additional Human Resources Information System Modules to Improve Onboarding, Training, and Administration [Agreement]
RECOMMENDATION: That Council:

A. Authorize an addition to the Master Customer Agreement contract with Governmentjobs.com, INC. (DBA “NEOGOV”) for software product licensing, maintenance and support; and
B. Authorize the Information Technology Director to execute a new order form with Governmentjobs.com, INC. (DBA “NEOGOV”) in the amount of $215,170.11 for the setup and subscription of additional software products and services to be delivered over three years.

DISCUSSION:

The City of Santa Barbara has contracted with Governmentjobs.com, INC. (DBA NEOGOV) since 2007 to provide a Human Resources Information System (HRIS) platform for online applicant tracking. The HRIS platform is a cloud-based software the City currently uses to advertise positions, complete job applications, and utilize a workflow that enables the Human Resources Department to recruit. The City would like to expand the use of NEOGOV to include the following modules: Onboard, Learn and eForms. This will enable a more streamlined approach to employee development and help administer many human resources functions to support employees and facilitate compliance training.

The Onboard module will allow staff to systematically and consistently onboard employees via Human Resources, as well as provide a customized employee experience with very specific new employee tasks and learning opportunities. The Learn module will provide over 1,000 training courses to City employees to target skills that public sector Agenda Item No. 22
File Code No. 410.01
Council Agenda Report
Agreement with Governmentjobs.com, INC. (DBA “NEOGOV”) for Additional Human Resources Information System Modules to Improve Onboarding, Training, and Administration [Agreement]
December 5, 2023

professionals need to flourish. The eForms module allows routing of business forms through sophisticated workflows to ensure a variety of business needs are met.

It was determined that Governmentjobs.com, INC. (DBA “NEOGOV”) provided all required functionality for the city and is the sole provider of an integrated suite of Workforce management tools designed exclusively for government agencies. To satisfy competitive bidding requirements, we are utilizing sole source purchase order. The expected implementation of the new Neogov modules is January 1, 2024, in a phased approach.

BUDGET/FINANCIAL INFORMATION:

The total cost for the proposed agreement is $215,710.11, which includes one-time implementation costs of $24,000 and $191,710.11 in licensing, maintenance, and support costs over three years.
$45,414.86 from the Adopted Information Technology Operating Fund Budget in Fiscal Year 2024 will be used to fund implementation, licensing, maintenance, and support for year one.

The remaining contract obligations in FY2025 and FY2026, for software licensing, maintenance and support will be allocated through Information Technology rates.

The annual licensing costs for licensing, maintenance, support, and implementation are as follows:

Item FY2024 FY2025 FY2026 Total
Neogov Module subscription
and set up for Onboarding,
Learn and eForms modules $45,414.86 $67,902.10 $101,853.15 $215,170.11 Payment terms Planned Planned Planned Planned
PREPARED BY: Justin Cure, Information Technology Director SUBMITTED BY: Justin Cure, Information Technology Director APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Streets Operations & Infrastructure Management Division, Public Works Department
SUBJECT: License Agreement with Metropolitan Transit District to Operate a Transit Signal Priority System [Agreement]
RECOMMENDATION:

That Council authorize the City Administrator to execute a license agreement with Santa Barbara Metropolitan Transit District for the operation of a Transit Signal Priority System.

DISCUSSION:

Santa Barbara Metropolitan Transit District (MTD) has received grant funding to implement a Transit Signal Priority System (TSP System). The TSP System will provide MTD buses with either an early or extended green light at traffic signals to improve bus travel time and reliability.

The TSP System recognizes when MTD buses are falling behind schedule, and sends a cloud-based signal to the City of Santa Barbara’s (City) traffic signal network. The City’s traffic signals will provide an early or extended green light, which is based on preprogrammed parameters to facilitate getting the bus back on schedule.

The TSP System will be operated and maintained by MTD and MTD’s vendor. The City will continue to operate the traffic signal system. No new City equipment is needed to participate as the City’s traffic signal system already has the capabilities to provide this service. The term of the agreement is five years, with a mutual option to extend for up to five additional years.

An early or extended green light for buses does mean there will be less green light time for other movements. Staff will analyze each traffic signal to minimize the impact on traffic.

BUDGET/FINANCIAL INFORMATION:

Approximately one hour of staff time will be required to program each of the 127 affected traffic signals, which is covered by existing expenditure appropriations in the Streets Operating Fund in Fiscal Year 2024.

Agenda Item No. 23
File Code No. 530.05
Council Agenda Report
License Agreement with Metropolitan Transit District to Operate a Transit Signal Priority System [Agreement]
December 5, 2023

Rev 041619
SUSTAINABILITY IMPACT:

The TSP System will improve transit service travel time and reliability, and provide a sustainable mode of transportation for the community.

A copy of the agreement may be requested from the Public Works Department for public review by contacting [email protected].

ENVIRONMENTAL REVIEW:

Senate Bill (SB) 922 amended Public Resources Code (PRC) Section 21080.25. SB 922 expanded this statutory exemption to include active transportation plans. Section 21080.25 establishes a statutory exemption for transit prioritization projects and projects for pedestrian and bicycle facilities or for the institution or increase of new bus rapid transit, bus, or light rail services on public or highway rights-of-way.

The Public Works Director has determined that the Project is exempt under California Environmental Quality Act (CEQA) Guidelines § 15061(b)(3).

CEQA Exemption Criteria
Per CEQA Guidelines Section 15061(b)(3), the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt under the CEQA common sense exemption. This activity meets the intent of Section 15061(b)(3) as the TSP System will provide MTD buses with either an early or extended green light at traffic signals to improve bus travel time and reliability, and the system will in no way have an effect on the environment. No new City equipment is needed to participate as the City’s traffic signal system already has the capabilities to provide this service.

PREPARED BY: Derrick Bailey, Principal Traffic 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: December 5, 2023
TO: Mayor and Councilmembers
FROM: Administration Division, Parks and Recreation Department SUBJECT: Contract Amendment with KTUA in the Amount of $10,000 for the Chumash Cultural Project at Ambassador Park [Agreement] RECOMMENDATION:

That Council authorize the Parks and Recreation Director to execute a first contract amendment with KTUA for the Chumash Cultural Project at Ambassador Park, Contract No. 27,059, in the amount of $10,000 for a total project expenditure authority of $55,000.

DISCUSSION:

Background
Ambassador Park (Park) is located along Santa Barbara’s Waterfront between West Cabrillo Boulevard and West Mason Street. Hotels and apartment buildings flank the Park to the west and east. Prior to European contact and subsequent development, the Park site and surrounding land featured a hillock, creek, springs, and mineral pools which supported the historic Syuxtun Village, the largest Chumash village on the west coast.

The hillock known as ‘Burton’s Mound’, California Historical Landmark No. 306, located in the Park’s northeast corner, commemorates the Native American village. Because of its history as a significant settlement, the site has yielded some of the most important archeological evidence found in California. Today, the Park consists of a simple palmtree lined half acre open turf area. The land was gifted to the City of Santa Barbara in 1924 and designated a City Landmark in 1990.

In December 2020, the City entered into a grant agreement with the State Coastal Conservancy in the amount of $50,000 to develop conceptual design plans for the revisioning of Ambassador Park to celebrate the culture and history of the Chumash people in Santa Barbara. In October 2021, the City entered into a contractual agreement with KTUA to develop a park conceptual plan with features that recognize and support Chumash culture and heritage while balancing the immediate context of the Park.

Agenda Item No. 24
File Code No. 570.05
Council Agenda Report
Contract Amendment with KTUA in the Amount of $10,000 for the Chumash Cultural Project at Ambassador Park [Agreement]
December 5, 2023

Project Design Development
Beginning in early 2022, development of the conceptual design included four on-site workshops, an on-line survey, meetings, and regular email status reports with Chumash community members to share the project progress, solicit feedback, and confirm direction for design features and inspirational images. The onsite workshops established open communication and informed site history, existing conditions, and design ideas that guided the vision for the Park.

Three alternative conceptual designs were developed for review and discussion over the course of the four workshops and the online survey. The final conceptual design celebrates the ethnohistoric village of Syuxtun and compels the visitor to visualize the broader setting where much of the daily life of the Chumash took place. Design elements include interpretive panels, a gathering location, diverse habitat illustrations, walking paths, and passive educational and cultural features.

Now nearing completion, the contract amendment supports additional work for project meetings, including presentations to the Historic Landmarks Commission and the Parks and Commission, a final report documenting the process and outcome of conceptual design development, and additional analyses related to site elevations, views, and accessibility.

BUDGET/FINANCIAL INFORMATION:

The existing contract has a total of $45,000. The proposed contract amendment with KTUA will increase the total not-to-exceed amount by $10,000 to $55,000. Project funding includes a $50,000 grant from the State Coastal Conservancy and $5,000 from the Parks and Recreation Department Fiscal Year 2024 Capital Outlay Fund.

A copy of the agreement may be requested from the Parks and Recreation Department for public review by contacting Courtney Carlson at [email protected].

SUSTAINABILITY IMPACT:

This Project includes native plant restoration, cultural resource protection, and education.

PREPARED BY: Jill E. Zachary, Parks and Recreation Director SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Business Services Division, Waterfront Department SUBJECT: Waterfront Department Proposed Assignment of Lease Agreement No. 26,890 – Epic Cruises, Inc. at 125 Harbor Way #14 [Agreement] RECOMMENDATION:

That Council approve the assignment of Lease Agreement No. 26,890 from Epic Cruises Inc. to Sagamore Stearns LLC for office space located at 125 Harbor Way, Suite #14.

DISCUSSION:

Epic Cruises, Inc. is a family-owned and operated, local business that has been part of the Waterfront community for nearly two decades. Owned and operated by Fred and Kathy Hershman.

In September 2023, Mr. and Mrs. Hershman informed Waterfront staff of their desire to transfer their office lease to Samuel Walters, with Sagamore Stearns LLC. Mr. Walters is a local businessman who earlier this year purchased and acquired the Hershman’s operating license and vessels Azure Seas and Whisper, and is currently in process to acquire the Hershmans’ Santa Barbara Water Taxi business and vessel Lil’ Toot. In addition, Mr. Walters has been involved in real estate management since 2019. He currently owns a multi-million-dollar real estate holding and management company, and is an active managing partner of Sagamore Bridge Capital. Also, in 2021 he negotiated and executed the sale of Goleta based business, Zodo’s, which he owned and successfully managed for several years.

The business terms of the proposed lease assignment are as follows:
 Term: Three-year initial term through March 2024, and two, one-year options;  Base Rent: $600.00 per month;
 Annual Rent Adjustment: Cost of Living increases based on the Consumer Price Agenda Item No. 25
File Code No. 330.04
Council Agenda Report
Waterfront Department Proposed Assignment of Lease Agreement No. 26,890 – Epic Cruises, Inc. at 125 Harbor Way #14 [Agreement]
December 5, 2023

Index (CPI); and,
 Permitted Uses: Office space for Epic Cruises, Inc.

Epic Cruises, Inc. is considered a tenant in good standing as there are no outstanding default notices on file and rent payments have been prompt.

BUDGET/FINANCIAL INFORMATION:

The lease revenue has been incorporated into the Fiscal Year 2024 revenue appropriations in the Waterfront’s operating budget. No additional appropriations are required.

The Harbor Commission recommended approval of the proposed license assignment at their October 19, 2023 meeting.

A copy of the license assignment is available for public review from the Waterfront Department; please email [email protected] to request a copy.

PREPARED BY: Cesar Barrios, Waterfront Business Manager SUBMITTED BY: Mike Wiltshire, Waterfront Director
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Contract with the Santa Barbara South Coast Chamber of Commerce to Support Visitor Information Center Operations [Agreement] RECOMMENDATION:

That Council authorize the City Administrator to execute an annual community promotion contract with the Santa Barbara South Coast Chamber of Commerce in an amount of $59,500.

DISCUSSION:

The Santa Barbara South Coast Chamber of Commerce (Chamber) manages the Visitor Information Centers located at 1 Garden Street and 120 State Street, Suite F. The Chamber assists visitors with wayfinding services, free maps, assistance with hotel reservations, and information on restaurants, points of interest, and arts and cultural activities. The centers distribute over 100,000 maps and thousands of magazines each year promoting Santa Barbara.

The City will pay the Chamber $59,500 to operate the Visitor Information Centers. This contract will help support year-round administrative expenses, including salary and benefits. The term of the contract covers the period of July 1, 2023 through June 30, 2024.

BUDGET/FINANCIAL INFORMATION:

The City’s Fiscal Year 2024 expenditure budget includes $59,500 for this agreement.

No additional appropriations are required.

The contract is available for review in the City Clerk’s Office at City Hall at 735 Anacapa Street or by contacting Brandon Beaudette at [email protected].

Agenda Item No. 26
File Code No. 180.01
Council Agenda Report
Contract with the Santa Barbara South Coast Chamber of Commerce to Support Visitor Information Center Operations [Agreement]
December 5, 2023

PREPARED BY: Brandon Beaudette, Senior Assistant to the City Administrator SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Internal Operations, Police Department
SUBJECT: Increase in Professional Service Agreement with CIO Solutions, Limited Partnership, For Network Administration Services [Agreement] RECOMMENDATION:

That Council authorize an increase in the professional service agreement with CIO Solutions, Limited Partnership (CIO Solutions), for Network Administration services, in the amount of $65,000, for a new not to exceed total in the amount of $160,000.

DISCUSSION:

In May 2023, the Police Department's (“Department”) Network Administrator retired after 40 years of service. In anticipation of their retirement, the Department hired CIO Solutions to provide network administration assistance during the transition period and the recruitment process. Since the initiation of the contract there have been several key projects that required additional staffing assistance as well as an on-site emergency response that also required additional hours.

The additional funds will cover the emergency on-call response, additional efforts for the installation of equipment in the cars and services until the Network Administrator starts.

One example of the level of service provided is that CIO Solutions staff must physically respond to the Department's data center within 15 minutes of notification of the outage.

Agenda Item No. 27
File Code No. 520.04
Council Agenda Report
Increase in Professional Services Agreement with CIO Solutions, Limited Partnership, for Network Administration Services [Agreement]
December 5, 2023

BUDGET/FINANCIAL INFORMATION:

Adequate, available expenditure appropriations exist in the Fiscal Year 2023 Police Department budget for this purchase.

A copy of the agreement may be requested from the Police Department for public review by emailing [email protected] .

PREPARED BY: Lori Pedersen, Administrative Manager
SUBMITTED BY: Kelly Gordon, Chief of Police
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Administration Division, Airport Department
SUBJECT: Purchase Order for Pilot Control Lighting Upgrade at Santa Barbara Airport
RECOMMENDATION:

That Council find it is in the best interest of the City to waive formal bidding requirements pursuant to Santa Barbara Municipal Code Section 4.52.070(L) and authorize the Airport Director to execute a purchase order with ADB Safegate Americas, LLC. in the amount of $90,000 for the software and hardware upgrades to the airport lighting control system.

DISCUSSION:

Background
The Santa Barbara Airport (“Airport”) is preparing to rename all the existing taxiway designations, by updating lighted signs and pavement markings in the airfield, and also replace the existing airfield lighting to LED lighting in 2024 as part of the Airfield Markings, Signage and Lighting Upgrade Project. Coinciding with the lighting component is a separate effort to upgrade the airport lighting control and monitoring system (“ALCMS”), which was originally installed by ADB Safegate Americas, LLC. (“ADB Safegate”). The current system has pilot control lighting (“PCL”) capabilities on one of the two crosswind runways, Rwy 15R-33L, primarily used for general aviation. The PCL feature enables pilots to activate the ground airfield lighting from the aircraft cockpit via a radio frequency that signals the airport’s monitoring and lighting control system to prepare for landing.

Pilots utilize the PCL feature during Air Traffic Control Tower (“ATCT”) non-working hours which are 12:00 a.m. to 5:00 a.m.

Discussion
The primary goal of the PCL upgrade will be to expand the PCL capabilities to Runway 7-25, the Airport’s primary commercial runway. This system upgrade will require upgrading of the computer hardware and monitoring equipment in the ATCT and within the Airport’s electrical vault which houses the airfield lighting regulators. Since ADB Safegate is proprietary to the existing ALCMS, ADB Safegate can only modify it as the original equipment manufacturer. Procuring ADB Safegate to supply the equipment and perform the installation is in the best interest of the City because ADB Safegate will Agenda Item No. 28
File Code No. 560.04
Council Agenda Report
Purchase Order for Pilot Control Lighting Upgrade at Santa Barbara Airport December 5, 2023

provide the Airport with the specialized knowledge needed to install and commission newer lighting control and monitoring hardware and comply with the original equipment manufacturer’s proprietary responsibility to the ALCMS network.

BUDGET/FINANCIAL INFORMATION:

City staff executed FAA Airport Improvement Program Grant 3-06-0235-071-2023 for project construction expenses including the PCL component, which Council authorized on August 22, 2023. With the grant agreement, there are sufficient expenditure appropriations in the Airport Capital Fund and Airports Grant Fund to purchase the equipment and services needed for the PCL upgrade.

SUSTAINABILITY IMPACT:

Implementing the PCL upgrade for the Airport’s primary runway will conserve a significant amount of energy in the form of reduced power consumption. Currently without PCL capabilities, the Airport activates the primary runway lighting and it operates continuously during the ATCT off peak hours. With the new PCL upgrade the Airport will not need to activate the runway lighting and aircrafts will have the capability to remotely operate runway lighting when needed.

ENVIRONMENTAL REVIEW:

On September 26, 2023, Council confirmed categorical exclusion from the National Environmental Policy Act (“NEPA”), exemption from the California Environmental Quality Act (“CEQA”), and coastal exemption for the overall Airfield Markings, Signage and Lighting Upgrade project which include lighting control upgrades for the PCL system.

PREPARED BY: Sara Iza, Airport Development Manager/PD/mg SUBMITTED BY: Christopher Hastert, Airport Director
APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Specific Plan (SP11-CHC) and General Plan Amendment for 3237 State Street [Ordinance Introduction]
RECOMMENDATION: That Council:

A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Adding Chapter 30.136 to Establish the Community Health Center Specific Plan Zone; and B. At the time of Ordinance adoption, adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending the General Plan Map of the City of Santa Barbara Pertaining to Assessor's Parcel Number 051-112-026 Located at 3237 State Street.

DISCUSSION:

American Indian Health and Services (AIHS), a local non-profit health clinic that provides medical, dental, pediatric, and behavioral health services to both the American Indian/Alaska Native and non-Native medically underserved populations in Santa Barbara and Ventura Counties, is in the process of purchasing the 2.57-acre site at 3237 State Street from the federal government in order to develop a new community health center.

The site is currently developed with a one-story main building and a one-story maintenance building. The property (Fremont Hall USAR Center) was recently designated a City Structure of Merit. The proposed project includes demolition of a small portion of the main building and a new two-story addition. The total floor area for the entire project is 25,678 square feet.

AIHS has been leasing space at 4141 State Street for many years and has recently moved some of its operations to the project site. While the property is owned by the Agenda Item No. 29
File Code No. 650.05
Council Agenda Report
Specific Plan (SP11-CHC) and General Plan Amendment for 3237 State Street [Ordinance Introduction]
December 5, 2023

federal government, uses are not required to adhere to local land use designations or development standards. Therefore, AIHS is presently allowed to provide community health center services at the site without City approvals. However, once the property is transferred from the federal government to AIHS, the uses on the site must comply with local Zoning and General Plan designations. As such, AIHS has requested approval of a Specific Plan (SP11-CHC) to replace the existing RS-7.5 zoning to allow the community health center and other uses, and a General Plan Amendment to change the land use designation from Parks and Open Space to Office/Low Density Residential (five dwelling units per acre). The approved Specific Plan and General Plan Amendment would ensure that the zoning and the General Plan land use designations on the property match the community health center use. The existing overlay zone on the property (USS – Upper State Street Area) would remain.

On February 8, 2022, City Council initiated the Specific Plan and the General Plan Amendment.

On October 19, 2023, the Planning Commission unanimously approved a Development Plan to allow construction of 9,338 square feet of net new nonresidential floor area for the proposed project and made a recommendation that City Council approve the Specific Plan (SP11-CHC) and the General Plan Amendment. See attached Staff Report for additional information about the project and background.

On November 7, 2023, the Ordinance Committee reviewed the proposed Specific Plan and forwarded it to the City Council for introduction and adoption.

Findings Needed from City Council
SPECIFIC PLAN (SBMC §30.265.080) – In order to approve a Specific Plan, the City Council must find that:

1. The Specific Plan implements and is consistent with the General Plan; and

2. The proposed development will be superior to development otherwise allowed under conventional zoning.

GENERAL PLAN AMENDMENT (SBMC §30.235.100) – In order to approve a General Plan Amendment, the City Council must find that the proposed General Plan Map Amendment is consistent with the General Plan.

Staff and the Planning Commission find that the Specific Plan and General Plan Amendment findings can be made. The Specific Plan is consistent with the following General Plan policies: Land Use Element policies LG-2 (Limit Non-residential Growth), LG-4 (Principles for Development), LG-7 (Community Benefit Non-Residential Land Uses), and LG12.2 (Building Size, Bulk, and Scale); Housing Element policy H11 (Promote Affordable Units); Economy and Fiscal Health Element policy EF12 (Re-Use of Commercial Space); Environmental Resources Element policies ER6.6 (Solar Energy), Council Agenda Report
Specific Plan (SP11-CHC) and General Plan Amendment for 3237 State Street [Ordinance Introduction]
December 5, 2023

ER8.1 (Electric Vehicles), ER11 (Native and Other Trees and Landscaping), and ER20 (Storm Water Management Policies); Circulation Element policies C1.1 (Pedestrian and Bicycle Infrastructure), C7.7 (Bicycle Parking and Other Needs), 3.2 and 3.2.3 (Transit Stops, Bus Stops), and 5.7.1 (Sidewalks); and Safety Element policy S1 (Emergency Response Plans). Additionally, the proposed development would be superior to development otherwise allowed under conventional O-M (Office Medical) zoning because the uses would be restricted to uses that provide a public benefit, such as the proposed community health center, affordable housing, and staging for emergency services, and would not include uses that are not preferred, such as banks, general retail, and mobile home parks.

The General Plan Amendment to change the land use designation from Parks and Open Space to Office/Low Density Residential is consistent with the General Plan because the land use designation would match the existing community health center use onsite and would be similar to other commercial and residential land uses in the vicinity.

Procedures
Under the City’s Charter Section 1507, amendments to the City's General Plan and Zoning Ordinance require a minimum of five affirmative votes of the City Council. Upon such approval, General Plan and Zoning Ordinance amendments shall be conclusively presumed to comply with the policies set forth herein.

Specific Plans are carried out by Ordinance, and General Plan Amendments are adopted by Resolution. The related Resolution will be included with the Ordinance for adoption as part of the subsequent Council Agenda.

BUDGET/FINANCIAL IMPACT:

This action does not have a budget/financial impact on the City.

ENVIRONMENTAL REVIEW:

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15061). The proposed project would allow the existing community health center uses to remain onsite and for the zoning and land use designations to be changed to match the current uses.

There is no evidence that the proposed project would have a significant effect on the environment. Staff has also determined that the project qualifies for an exemption from further environmental review under Section 15301 (Existing Facilities) and Section 15331 (Historical Resource Restoration/Rehabilitation) of the CEQA Guidelines. In addition, none of the exceptions to the exemption under CEQA Guidelines Section 15300.2 apply.

Council Agenda Report
Specific Plan (SP11-CHC) and General Plan Amendment for 3237 State Street [Ordinance Introduction]
December 5, 2023

ATTACHMENTS: 1. Planning Commission Staff Report (10/19/2023)

2. Proposed Resolution.

PREPARED BY: Kathleen Kennedy, Project Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office

ATTACHMENT

ATTACHMENT 2
1 RESOLUTION NO.__________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE GENERAL PLAN MAP

OF THE CITY OF SANTA BARBARA PERTAINING TO
ASSESSOR’S PARCEL NUMBER 051-112-026 LOCATED
AT 3237 STATE STREET
WHEREAS, the City accepted an application from Brownstein Hyatt Farber Schreck, agent for American Indian Health and Services, future owner of 3237 State Street, in order to process a request for a Development Plan to allow the construction of 9,338 square feet of net new nonresidential floor area; a Specific Plan (SP11-CHC) to replace the existing RS-7.5 zoning to allow the community health center and other uses; and a General Plan Amendment to change the land use designation from Parks and Open Space to Office/Low Density Residential (five dwelling units per acre); and WHEREAS, on February 8, 2022, the City Council initiated the Specific Plan and the General Plan Amendment; and
WHEREAS, on October 19, 2023, the Planning Commission held a duly noticed public hearing and approved a Development Plan to allow construction of 9,338 square feet of net new nonresidential floor area for the proposed project, making the Environmental Review and Development Plan findings, and made a recommendation that City Council approve the Specific Plan (SP11-CHC) and the General Plan Amendment; and
WHEREAS, on November 7, 2023, the Ordinance Committee reviewed the proposed Specific Plan and forwarded it to the City Council for introduction and adoption; and
WHEREAS, on December 5, 2023, the City Council held a duly noticed public hearing to consider the proposed General Plan Map amendment; and WHEREAS, the City Council has reviewed and considered all materials and exhibits in the current record relative to this amendment, including the project and all staff reports. At the close of the public hearing, the City Council, on a _______ vote, adopted the General Plan Amendment; and
WHEREAS, the documents or other materials which constitute the record of the proceedings upon which this decision is based are on file at the City of Santa Barbara Planning Division, located at 630 Garden Street.

ATTACHMENT 2
2 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:

1. The City Council finds that the project qualifies for an exemption from further environmental review under the California Environmental Quality Act (CEQA) Guidelines Sections 15061, 15301, and 15331.

2. The City Council finds that the General Plan Map Amendment is consistent with the General Plan as described in Section VI.B of the Planning Commission Staff Report dated October 12, 2023.

3. The General Plan map of the City of Santa Barbara is amended by designating Assessor’s Parcel Number 051-112-026 as Office/Low Density Residential, Five Dwelling Units per Acre, as depicted on the attached Exhibit A. This Resolution shall not be operative unless and until the property is transferred from the federal government to American Indian Health and Services.

ATTACHMENT 2
3 Current Land Use Designation: Parks and Open Space
Proposed Land Use Designation: Office/Low Density Residential (5 du/ac) Exhibit A: Current and Proposed General Plan Land Use Designations Project Site

COUNCIL INTRODUCTION DRAFT
SHOWING CHANGES FROM CURRENT CODE 12/05/23
1 ORDINANCE NO. __________

AN ORDINANCE OF THE COUNCIL OF THE CITY

OF SANTA BARBARA AMENDING THE MUNICIPAL
CODE BY ADDING CHAPTER 30.136 TO

ESTABLISH THE COMMUNITY HEALTH CENTER

SPECIFIC PLAN ZONE

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

SECTION 1. Title 30 of the Santa Barbara Municipal Code is amended by adding Chapter 30.136 which reads as follows:

30.136.010 Purpose.

It is the purpose of the Community Health Center Specific Plan to establish an overlay zone allowing a community health clinic in close proximity to public transit and existing commercial and recreational uses.

30.136.020 Applicability.

The regulations of this Chapter apply within the SP11-CHC Zone depicted in Figure 30.136, Community Health Center Specific Plan Area (SP11-CHC), at the end of this Chapter and shown on the Official Zoning Map.

30.136.030 Land Use Regulations.

The following uses are permitted in the SP11-CHC Zone:

A. Commercial, Industrial, Public and Semi-Public Uses permitted in Section 30.25.020, Land Use Regulations, for the O-M Zone and subject to the permit requirements, restrictions, and limitations applicable in the O-M Zone, except the following uses shall be prohibited:

COUNCIL INTRODUCTION DRAFT
SHOWING CHANGES FROM CURRENT CODE 12/05/23
2 1. Recreational Vehicle Parks, Permanent;

2. Banks and Financial Institutions;

3. General Retail;

4. Neighborhood Market; and

5. Animal Keeping.

B. Any residential use permitted in Section 30.25.020, Land Use Regulations, for the O-M Zone, provided however that all residential units must be sold or rented to very low, low, and/or moderate income households according to the procedures specified in the City’s Affordable Housing Policies and Procedures, except the following use shall be prohibited:

1. Mobilehome Park.

C. Staging for emergency services by a public agency to the extent it does not interfere with the community health center’s existing and emergency center operations.

30.136.040 Development Standards.

A. All development standards applicable in Section 30.25.030, Development Standards, for the O-M Zone shall apply.

B. All development standards applicable in Chapter 30.85, Upper State Street Area (USS) Overlay Zone, shall apply, except as follows:

1. Uncovered parking spaces are allowed to encroach in the front setback with a minimum distance of five feet to the front lot lines.

C. Pedestrian improvements in the public right-of-way consistent with the City’s Pedestrian Master Plan shall be installed along State Street and Las Positas

COUNCIL INTRODUCTION DRAFT
SHOWING CHANGES FROM CURRENT CODE 12/05/23
3 Road. Improvements to the Las Positas Road driveway shall be required. A public works permit shall be required along with any required building permit, as determined by the Community Development and Public Works Departments.

30.136.050 Design Review Required.

Existing development on site includes historic resources; therefore, all development shall be subject to review and approval by the Historic Landmarks Commission pursuant to SBMC 30.220.020.

Figure 30.136:

Community Health Center Specific Plan Area
(SP11-CHC)

COUNCIL INTRODUCTION DRAFT
SHOWING CHANGES FROM CURRENT CODE 12/05/23
4 SECTION 2. The addition of Chapter 30.136 to Title 30 of the Municipal Code is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The Ordinance would allow the existing community health center uses to remain onsite and for the zoning designation to be changed to match the current uses. There is no evidence that the proposed project would have a significant effect on the environment.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Designation of Proposed Nonresidential Building at 621 West Micheltorena Street as a Community Benefit Project
RECOMMENDATION:

That Council designate the proposed Santa Barbara Neighborhood Clinics project at 621 West Micheltroena Street as a Community Benefit Project pursuant to Santa Barbara Municipal Code (SBMC) Chapter 30.170, and allocate 3,352 square feet of nonresidential floor area to the project from the Nonresidential Growth Management Program’s Community Benefit category.

DISCUSSION:

As part of implementing the General Plan Update, on March 12, 2013, the City Council adopted the Nonresidential Growth Management Program (GMP) Ordinance, SBMC Chapter 28.85 (now SBMC Chapter 30.170). The GMP limits total new nonresidential growth to 1.35 million square feet over 20 years (until December 31, 2033), 600,000 square feet of which is reserved for Community Benefit Projects. Three categories of development are included within the Communit Benefit Project designation: Community Priority Projects, Economic Development Projects, and New Vehicle Sales Projects. The project applicant is requesting designation of a portion of the project as a Community Benefit Project for the purpose of allocating additional nonresidential floor area (see Attachment – Applicant Letter).

Proposed Project and Review History
The project site is located at 621 West Micheltorena Street. The City Council previously approved a Community Benefit Designation in the amount of 3,352 square feet for the orignally proposed project involving the construction of a 10,352-square-foot, three-story neighborhood medical clinic with 14 parking spaces on a 10,372-square-foot lot in the C-R (Commercial Restricted) Zone with a General Plan Land Use Designation of Commercial/Medium High Residential (15–-27 dwelling units per acre).

Agenda Item No. 30
File Code No. 610.04
Council Agenda Report
Designation of Proposed Nonresidential Building at 621 West Micheltorena Street as a Community Benefit Project
December 5, 2023

During the Development Review process the project floor area increased by 975 square feet. The applicant is returning to City Council for designation of the increased floor area.

As described in SBMC Chapter 30.170, applications for nonresidential development projects are regulated by the City’s Nonresidential Growth Management Program. This program mandates that new nonresdiential floor area must be allocated from one or more of the floor area categories (Minor, Small, Community Benefit) and must be consistent with the City’s Traffic Management Strategy as implemented by SBMC Section

30.170.030.

The project site can be allocated floor area as follows:

Existing Building 4,000 square feet
Minor Addition Category 1,000 square feet
Small Addition Category 2,000 square feet
TOTAL 7,000 square feet
The proposed building was initially 10,352 square feet and the project was designated as a Community Benefit project for the 3,352 square feet above the credit of 7,000 square feet. The applicant is now requesting that City Council designate an additional 975 square feet as a Community Benefit so that they can construct an 11,347-square-foot building.

The Planning Commission reviewed and approved the proposed project on December 15, 2022. Subsequently, the project was appealed to the City Council. The City Council reviewed the denied the appeal on March 14, 2023. Following today’s decision, the project would proceed to the Architectural Board of Review for further refinement.

Community Benefit Project Designation
As stated above, the City Council has already designated the project as a Community Benefit project with an allocation of 3,352 square feet. It qualifies under the subcategory “Community Priority Project,” which is described as a project having a broad public benefit, not principally operated for private profit, and necessary to meet a present or projected need directly related to public health, safety, or general welfare (e.g., health clinics, museums, and childcare facilities).

Formed in 1998 by merging three existing medical clinics, Santa Barbara Neighborhood Clinics is a nonprofit corporation that provides affordable health care to low-income patients. The proposed development would meet a present and growing need for a facility to provide medical and dental services for this segment of the population in the Westside neighborhood. As described, staff finds that the proposal qualifies as a Community Priority Project.

The 975 square feet of additional requested Community Benefit Project floor area for the project represents 0.16 percent of the original 600,000 square feet allocated to Council Agenda Report
Designation of Proposed Nonresidential Building at 621 West Micheltorena Street as a Community Benefit Project
December 5, 2023

Community Benefit Projects in the Nonresidential Growth Management Program until 2033. To date, City Council has allocated a total of 491,260 square feet from the Community Benefit Category to 15 projects, as identified in the table below. Additionally, 106,668 square feet of expired Small Addition floor area has been reallocated to the Community Benefit category by the Planning Commission since 2013 when the allocations were initially established. To date (approximately halfway through the 20-year allocation period), a total of 491,250 square feet, or 81.9 percent, of the floor area remains available for Community Benefit Projects through 2033.

COMMUNITY BENEFIT ALLOCATIONS (2013 - Present)
Allocations Entity Amount (sf)
Original Allocation 600,000
1130 State Street Santa Barbara Museum of Art (8,990)
400 Hitchcock Way Tesla (9,700)
6100 Hollister Avenue Direct Relief (110,000)
350 Hitchcock Way Maserati (39,000)
402 S. Hope Avenue Mercedes-Benz (242)
35 Anacapa Street Museum of Contemporary Art (3,007)
115 W. Anapamu Street Sanctuary Center Care Clinic (7,928) 2407 Bath Street Cottage Hospital Medical Office (9,926) 621 W. Micheltorena Street Westside Medical/Dental Clinic (3,352) 402 S. Hope Avenue Automobile Dealership (6,061)
3237 State Street American Indian Health & Services (2,500) 540 W. Pueblo Street Cancer Center (1,614)
138 Powers Ave. High Seas Mead (750)
3237 State Street (add’l) American Indian Health & Services (5,838) 531 E. Ortega Street Providence School (6,500)
Subtotal after allocated cases (384,592)
Expired/ Reallocated Small
Addition 106,668
Total Community Benefit
floor area available 491,260
Current Request Pending
621 W. Micheltorena Street
(add’l)
Westside Medical/Dental Clinic (975)
Total that would remain 490,285
BUDGET/ FINANCIAL INFORMATION:

The requested designation would have no budgetary or financial impact.

ENVIRONMENTAL REVIEW:

Council Agenda Report
Designation of Proposed Nonresidential Building at 621 West Micheltorena Street as a Community Benefit Project
December 5, 2023

The designation of a project as a Community Benefit Project, and reservation of nonresidential floor area, enables the City to accept the development application for processing, but does not commit City Council, the Planning Commission, or the Architectural Board of Review to approving the project or its design; therefore, the Community Benefit designation and allocation of floor area is typically not subject to environmental review pursuant to the California Environmental Quality Act. However, in this case the project itself, including the additional floor area requested, has already been reviewed and approved by the Planning Commission, and upheld on appeal by the City Council, with a determination that the project is categorically exempt from further environmental review under Section 15332 [Infill Development Projects] of the California Environmental Quality Act (CEQA) Guidelines.

ATTACHMENT: Letter from Applicant Dated October 26, 2023 PREPARED BY: Kelly Brodison, Associate Planner
SUBMITTED BY: Elisa Isaacson, Community Development Director APPROVED BY: City Administrator’s Office

26 October 2023
Mayor Rowse and Members of City Council
c/o Kelly Brodison, Assistant Planner
Planning Division
City of Santa Barbara
630 Garden Street
Santa Barbara, CA 93101
RE: Santa Barbara Neighborhood Clinics – New Westside Clinic; 621 W. Micheltorena Street (APN 039-041-020), PLN2020-00030 Updated Allocation of Community Benefit Floor Area
Dear Mayor Rowse and Council Members,
On behalf of Santa Barbara Neighborhood Clinics (SBNC) and the new Westside Clinic, we are pleased to submit this Updated Allocation of Community Benefit floor area request letter as a follow up to the project approval.

Approved Project and Updated Community Benefit Floor Area Allocation On March 14, 2023, the City Council conducted a public hearing to consider an appeal of the Planning Commission’s approval for a Parking Modification, Development Plan, and Conditional Use Permit (December 15, 2022) associated with the new Westside Clinic. City Council unanimously voted to deny the appeal.

The approved project is subject to City Council Resolution No. 23-043 and to Planning Commission Resolution No. 016-22 (Resolution). The Resolution specifies the order of development and also includes required project conditions. In order to accomplish the proposed development, the initial step is to return to City Council for an updated allocation of Community Benefit floor area to reflect the increased building size.

The basis for the updated allocation is during the course of the development review process, and following City Council’s action on March 3, 2020 to designate the proposed SBNC’s new Westside Clinic as a Community Benefit project, including an allocation of 3,352 SF, the proposed building floor area increased. The building floor area increase was a result of several factors, primarily to create adequate circulation corridors and larger public areas in response to the COVID pandemic and need to provide additional buffer area for patients and staff. In order to construct the approved clinic, the project will require an updated allocation of 975 SF from the Community Benefit category.

ATTACHMENT
621 W. Micheltorena Street – SBNC Westside Clinic
Updated Allocation of Community Benefit Floor Area
26 October 2023

Justifications and Conclusion
The new Westside Clinic is consistent with the City’s definition of a Community Priority Project within the Community Benefit Project category as a project that will provide a broad public benefit and is necessary to meet a present or projected need directly related to public health, safety, or general welfare per SBMC §30.170.020. The new clinic will be designed following the PCMH model of service which provides for an integrated and coordinated plan of “whole person” care.

Please refer to Attachment 1, Council Agenda Report regarding the Community Benefit Designation request and Attachment 2, and approved City Council minutes, both dated March 3, 2020.

This concludes our updated allocation of Community Benefit Floor area request. On behalf of the applicant and project team, we thank you for your consideration of the requested allocation.

Sincerely,

SUZANNE ELLEDGE
PLANNING & PERMITTING SERVICES, INC.

Trish Allen, AICP
Senior Planner
Attachments

1. Council Agenda Report, March 3, 2020

2. Approved City Council minutes, March 3, 2020

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: March 3, 2020
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Designation Of The Santa Barbara Neighborhood Clinics’ Nonresidential Development Project At 621 West Micheltorena Street As A Community Benefit Project
RECOMMENDATION:

That Council designate the proposed Santa Barbara Neighborhood Clinics project at 621 West Micheltorena Street as a Community Benefit Project pursuant to Santa Barbara Municipal Code (SBMC) Chapter 30.170, and allocate 3,352 square feet of nonresidential floor area to the project from the Nonresidential Growth Management Program’s Community Benefit Category.

DISCUSSION:

As part of implementing the General Plan Update, on March 12, 2013, the City Council adopted the Nonresidential Growth Management Program (GMP) Ordinance, Santa Barbara Municipal Code (SBMC) Chapter 28.85 (now SBMC Chapter 30.170). The GMP limits total new nonresidential growth to 1.35 million square feet over 20 years. The 1.35 million square feet of floor area is divided into three categories: Small Addition, Vacant Property, and Community Benefit. New nonresidential projects must be allocated floor area from one or more of the three categories, and must also be consistent with the City’s Traffic Management Strategy as implemented by SBMC Section 30.170.030.

Of the 1.35 million square feet of nonresidential floor area, 600,000 square feet is reserved for Community Benefit Projects. Three categories of development are included within the Community Benefit Project definition: Community Priority Projects, Economic Development Projects, and New Vehicle Sales Projects. The project applicant is requesting designation of the project as a Community Priority Project for the purpose of allocating nonresidential floor area from the Community Benefit category (Attachment – Applicant Letter).

Agenda Item No. 10
File Code No. 640.01
Attachment 1
Council Agenda Report
Designation Of The Santa Barbara Neighborhood Clinics’ Nonresidential Development Project At 621 West Micheltorena Street As A Community Benefit Project March 3, 2020

Proposed Project
The project site is located at 621 West Micheltorena Street. The proposed project involves construction of a 10,352-square-foot, three-story neighborhood medical and dental clinic with 14 parking spaces on a 10,372-square-foot lot in the C-R (Commercial Restricted) Zone with a General Plan Land Use Designation of Commercial/Medium High Residential (15–27 dwelling units per acre).

The existing structure on the site predates the City’s regulation of nonresidential development, and there have been no additions to it since the building was constructed.

Therefore, the project site’s available square footage includes 1,000 square feet from the Minor Addition1 category and 2,000 square feet from the Small Addition category2.

Existing Building 4,000 square feet
Minor Addition Category 1,000 square feet
Small Addition Category 2,000 square feet
TOTAL 7,000 square feet
The proposed building is 10,352 square feet; therefore, the applicant is requesting that the City Council designate the project as a Community Benefit project and allocate the remaining required 3,352 square feet from that category.

Community Benefit Project Designation
SBMC Section 30.170.020 describes a Community Priority Project as one “that has a broad public benefit, is not principally operated for private profit, and is necessary to meet a present or projected need directly related to public health, safety, or general welfare (e.g., museums, childcare facilities, health clinics).” Formed in 1998 by merging three existing medical clinics, Santa Barbara Neighborhood Clinics is a nonprofit corporation that provides affordable health care to low-income patients. The proposed development would meet a present and growing need for a facility to provide medical and dental services for this segment of the population in the Westside neighborhood. As described, staff finds that the proposal qualifies as a Community Priority Project.

Since 2013, City Council has allocated a total of 171,373 square feet from the Community Benefit Category for seven projects:
 Santa Barbara Museum of Art, 1130 State St. (8,990 square feet)  Tesla Dealership, 400 Hitchcock Way (9,700 square feet) 1 Legal lots that existed as of December 6, 1989 are allowed a cumulative total of 1,000 square feet of Minor Addition floor area. Minor Addition floor area is tracked by staff but excluded from the 1.35 million square-foot limit. 2 Legal lots that existed as of December 6, 1989 and located in the “Downtown Area” (as defined in the GMP) are allowed a cumulative total of 2,000 square feet of Small Addition floor area.

Council Agenda Report
Designation Of The Santa Barbara Neighborhood Clinics’ Nonresidential Development Project At 621 West Micheltorena Street As A Community Benefit Project March 3, 2020

 Direct Relief, 6100 Hollister Ave. (110,000 square feet)  Maserati Dealership, 350 Hitchcock Way (34,389 square feet)  Santa Barbara Auto Group, 402 S. Hope Ave. (1,687 square feet)  Museum of Contemporary Art, 35 Anacapa St. (3,007 square feet)  Sanctuary Centers, 115 W. Anapamu St. (3,600 square feet) Additionally, since 2013, a total of 75,833 square feet has been reassigned to the Community Benefit category from unallocated (unused, expired, or withdrawn) Small Addition category projects. Therefore, a total of 504,460 square feet, or 84 percent of the floor area, remains available for Community Benefit Projects through 2030. The requested Community Benefit Project floor area for 621 E. Micheltorena Street represents

0.66 percent of the remaining Community Benefit square footage.

ENVIRONMENTAL REVIEW:

The designation of a project as a Community Benefit Project, and reservation of nonresidential floor area, enables the City to accept the development application for processing, but does not commit City Council, the Planning Commission, or the Architectural Board of Review to approving the project or its design. Therefore, the Community Benefit designation and allocation of floor area are not subject to environmental review pursuant to the California Environmental Quality Act. If the requested Community Benefit floor area is allocated for the project, an application may be submitted and reviewed through the City’s standard process. Environmental review would be completed as part of the development application review.

ATTACHMENT: Letter from Trish Allen, Applicant, Dated January 27, 2020 PREPARED BY: Kelly Brodison, Associate Planner
SUBMITTED BY: George Buell, Community Development Director APPROVED BY: City Administrator’s Office
27 January 2020
Mayor Murillo and Members of City Council
c/o Kelly Brodison, Assistant Planner
Planning Division
City of Santa Barbara
630 Garden Street
Santa Barbara, CA 93101
RE: Santa Barbara Neighborhood Clinics – Westside Clinic, 621 W. Micheltorena Street (APN 039-041-020), Community Benefit Designation Request Dear Mayor Murillo and Council Members,
On behalf of Santa Barbara Neighborhood Clinics (SBNC), we are pleased to submit this Community Benefit Designation request letter as part of the City of Santa Barbara’s Land Development Team application review process for a non-residential construction project for SBNC’s new Westside Clinic proposed at 621 W. Micheltorena Street.

I. Santa Barbara Neighborhood Clinics – Background and Mission Santa Barbara Neighborhood Clinics (SBNC) was formed in 1998 merging three (3) existing medical clinics that had been providing care to low-income patients beginning in the early 1970’s. In 2004, SBNC added dental care to its services following a long-term partnership with the Santa Barbara Children/Family Dental Health Collaborative. The clinics were created on the philosophy that obtaining quality medical care is a fundamental right for all people. Further, each clinic has been an intrinsic part of its community and neighborhood. This close relationship with the surrounding community and awareness of the neighborhood’s special needs, has resulted in a strong bond of trust that has been formed between patients and each of the SBNC clinics.

The mission of the SBNC is to provide high quality, comprehensive, affordable healthcare to all people, regardless of their ability to pay, in an environment that fosters respect, compassion and dignity.

Currently, SBNC consists of four (4) medical clinics, two (2) dental clinics, a Bridge Clinic with a focus on Substance Use Disorders and Pain Management, an integrated care clinic and health promotion services. SBNC serves as a critical health safety net for Santa Barbara County and provides care to over 22,000 unduplicated patients each year including school-based care.

Existing Westside Clinic
The existing Westside Clinic (clinic) located at 628 W. Micheltorena Street has been in operation since 1973. The clinic has provided medical services to over 20,000 unique patients during this time. In 2016, as part of their Facilities Master Plan process, SBNC

ATTACHMENT
621 W. Micheltorena Street – SBNC Westside Clinic
Community Benefit Designation Request
27 January 2020

engaged Jensen + Partners to provide a physical and a functional/operational assessment for each of the SBNC clinics. The analysis concluded that the Westside Clinic is currently operating close to capacity. Further, the existing structure is not ADA compliant to current building code, there are small doorways, limited circulation, and no elevator. The need for the level of health care that the clinic provides has not diminished in our community and the clinic has outgrown their existing facilities. As a result, SBNC and the owner of the building located at 621 W. Micheltorena Street have reached a purchase and sale agreement on the property, which is expected to close escrow on or about February 4, 2020 in order to develop a new clinic.

II. Existing Site and Zoning
The subject property is 10,372 SF with an average slope of 2%. It is zoned C-R, Commercial Restricted, which is intended for pedestrian-oriented commercial development that primarily serves neighborhood needs, with a General Plan Land Use Designation of Commercial/Medium-High Density Residential. The existing two-story 4,000 SF commercial building is occupied by commercial offices and the site contains 16 parking spaces. The surrounding land uses include a of mix of commercial uses ranging from a hardware store, the existing Westside Medical Clinic, restaurants, a grocery store, and a gas station with multiple-residential uses surrounding the commercial area.

III. Proposed Project
The proposed project will include the demolition of the existing office building and construction of a new three-story approximate 10,352 net SF medical and dental clinic.

The new medical and dental clinic will include the following components:
1st floor Entrance and reception lobby, conference and learning center, staff break room, restrooms, an elevator and stairs to access the upper floors (2,054 net SF) 2nd floor Ten (10) medical patient exam rooms, doctors’ and business office, Behavioral Health services, lab, dispensary, utility rooms, restrooms, and an outdoor roof terrace (5,087 net SF)
3rd floor Eight (8) dental patient exam rooms, x-ray room, doctors’ and business office, lab, utility rooms, and restrooms (3,211 net SF) The architecture of the proposed 43 feet maximum high stucco building will reference traditional craftsman bungalow styling to complement the original clinic across the street, while blending with contemporary technical requirements of the Office of Statewide Health Planning that are necessary for the clinic’s licensure through the California Department of Public Health. Low slope gable rooflines will provide opportunities to install south facing solar panels and to soften the character of the commercial building.

Parapet walls at first, second and third floors, with some articulation, will conceal rooftop mechanical equipment, which is a critical component of healthy air within the clinic. 621 W. Micheltorena Street – SBNC Westside Clinic
Community Benefit Designation Request
27 January 2020

The footprint of commercial space at the ground floor will maintain most of the original building footprint with minor additions arranged to utilize the general layout of the existing, parking lot and driveway curb cuts. A proposed new garage will replace the surface lot in order to expand the second and third floors beyond the original footprint.

The parking layout within the new garage will be rearranged to accommodate new accessible parking and a new trash enclosure. Bicycle parking will be located near the main entry of the building on Micheltorena Street.

On the second floor, the building will extend over portions of the parking garage to provide additional interior square footage along with an occupied roof terrace and unoccupied areas for rooftop mechanical equipment.

The third floor will step back 12 feet typically and 10 feet minimum at one room, from the lower floor levels along the two public streets, providing additional areas for rooftop equipment above the second floor. Much of the third floor will have a broad gable roof, that helps mask a flat roof area at the middle of the building needed for the elevator hoistway and additional mechanical equipment.

Nonresidential Growth Management Program, Community Priority & Needs Assessment An application for a nonresidential development project is regulated by the City’s Nonresidential Growth Management Program, SBMC §30.170, such that the new nonresidential floor area must be allocated from one or more of the floor area categories. The existing structure permitted in 1979 pre-dates the City’s regulation on nonresidential development. Further, there have been no additions since the building was constructed that would have required floor area allocations. As such, there exists a total of 3,000 SF of floor area available from both the Minor and Small addition allocation categories. The floor area allocation categories and areas for the subject project are summarized below:

Existing building 4,000 SF (floor area credit)
Minor addition 1,000 SF
Small addition 2,000 SF
Total floor area available 7,000 SF
As stated previously, the project proposes a new 10,352 SF structure to contain a medical and dental clinic. As a result, the project will require an allocation of 3,352 SF from the Community Priority floor area allocation category.

The project is within the Community Benefit Project category as a Community Priority Project as it is a project that has a broad public benefit and is necessary to meet a present or projected need directly related to public health, safety, or general welfare as defined in SBMC §30.170.020.

As stated previously, the need for the level of health care that the clinic provides has not diminished. SBNC provides a unique patient experience that integrates medical, dental 621 W. Micheltorena Street – SBNC Westside Clinic
Community Benefit Designation Request
27 January 2020

and behavioral health services. Despite a recent expansion in Goleta, 21,452 people in the Westside community still do not have a primary care doctor; of which 2,717 are lowincome. The new Westside Clinic will serve our community by providing accessible healthcare in the neighborhood in which it is located and will also serve to alleviate the burden on urgent and emergency care facilities. Further, the new Westside Clinic will expand dental care to over 4,000 patients per year on the Westside where currently 1,500 Westside residents obtain their dental care at the Eastside Clinic. Westside residents will be able to access care closer to home thereby lessening the current demands at the Eastside Clinic.

SBNC’s mission to provide high quality, comprehensive, affordable healthcare to all people regardless of their ability to pay and in an environment that fosters respect, compassion and dignity clearly meets the definition of a Community Benefit Project.

IV. Project Justifications
As stated previously, as part of SBNC’s Facility Master Plan process, SBNC engaged the services of Jensen + Partners to provide a physical and functional/operations assessment for each of the SBNC clinics. As it relates to the existing Westside Clinic, the assessment found that the existing clinic is operating near capacity while the community needs for adequate health care continue to increase in demand. For this reason, SBNC have reached a purchase agreement with the owner of the 621 W. Micheltorena Street property, estimated to close escrow on February 4, 2020 or shortly thereafter, to develop a critically needed clinic as described above.

The new Westside Clinic is consistent with the City’s definition of a Community Priority Project within the Community Benefit Project category as a project that will provide a broad public benefit and is necessary to meet a present or projected need directly related to public health, safety, or general welfare per SBMC §30.170.020. The new clinic will be designed following the PCMH model of service which provides for an integrated and coordinated plan of “whole person” care.

This concludes our project description letter as part of the Community Benefit Designation Request and allocation of floor area from the Community Priority allocation category. On behalf of the applicant and project team, we thank you for your consideration of SBNC’s Community Benefit Designation Request.

Sincerely,

SUZANNE ELLEDGE
PLANNING & PERMITTING SERVICES, INC.

Trish Allen, AICP
Senior Planner
amount of $10, 302 to complete engineering design and construction documents for the Thousand Steps Repair Project; and
B. Authorize the Parks and Recreation Director to execute a professional services agreement with Moffatt & Nichol in the amount of $39, 305 tocomplete coastal/wave uprush analyses for the Thousand Steps Repair Project, and approve expenditures of up to $3, 930 to cover any cost increase that may result from necessary changes in the scope of work.

Action: Approved the recommendations; Agreement Nos. 25, 914. 1; 26, 651 (March 3, 2020, report from the Parks and Recreation Director).

10. Subject: Designation Of The Santa Barbara Neighborhood Clinics' Nonresidential Development Project At 621 West Micheltorena Street As A Community Benefit Project (640. 01)
Recommendation: That Council designate the proposed Santa BarbaraNeighborhood Clinics project at 621 West Micheltorena Street as a CommunityBenefit Project pursuant to Santa Barbara Municipal Code (SBMC) Chapter

30. 170, and allocate 3, 352 square feet of nonresidential floor area to the project from the Nonresidential Growth Management Program's Community Benefit Category.

Documents:

March 3, 2020, report from the Community Development Director.February 20, 2020, letter from Robert S. Freeman.February 20, 2020, letter from Laurie B. Ashton.February 24, 2020, letter from Ruth Loomer.February 28, 2020, email from Victoria Hazard.

Action: Approved the recommendation.

11. Subject: Professional Services Agreement With The Gordian Group Inc. To Administer Job Order Contracting Program (530. 01)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Ser/ices Contract with The Gordian Group, Inc. in the amount not to exceed $250, 000 for as-needed Job Order Contracting services for various maintenance and repair projects.

Action: Approved the recommendation; Agreement No. 26, 652 (March 3, 2020, report from the Public Works Director).

12. Subject: Fiscal Year 2020 Mid-Year Review (250. 02) Recommendation: That Council:
03/03/2020 Santa Barbara City Council Minutes Page 5 of 9 Attachment 2

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Council Members
FROM: Accounting Division, Finance Department
SUBJECT: Adoption of a Pension Management Policy and Section 115 Trust [Resolution]
RECOMMENDATION: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving a Pension Management Policy;
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving the Establishment of a Post-Employment Benefits Trust (115 Trust) Administered by the Public Agency Retirement Services (PARS), by Appointing the City’s Finance Director as Plan Administrator, Authorizing the Plan Administrator to Execute, Subject to Approval as to Form by the City Attorney, the Agreement for Administrative Services and Establish the Investment Policy Statement with PARS; 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 (FY) 2024, to Appropriate the Transfer Funds from Enterprise, Internal Service, and Other Funds from Available Reserves into the 115 Trust.

EXECUTIVE SUMMARY:

As a member of the California Public Employees’ Retirement System (CalPERS), the City contributes funds towards employees’ and retirees’ pension benefits. The City’s costs to make required, minimum payments have grown significantly in recent years, and is projected to continue to grow. The City is also projected to have a $431.6 Million liability on its consolidated balance sheet representing the present value of future benefits the City will be required to pay. Staff is recommending that the City Council approve of a pension management policy to govern the City’s pension strategies and establish a Section 115 Trust to manage the City’s pension costs and earn greater earnings over time that can be used to reduce future pension payments more quickly and liabilities more effectively.

Agenda Item No. 31
File Code No. 210.01
Council Agenda Report
Adoption of a Pension Management Policy and Section 115 Trust [Resolution] December 5, 2023

DISCUSSION:

The Governmental Accounting Standards Board (GASB) issued GASB Statement No. 68, Accounting and Financial Reporting for Pensions, which required governmental employers to recognize a Net Pension Liability on their balance sheet, which is the difference between the City’s total pension liability (actuarial accrued liability) and actual plan assets. GASB 68 (which replaces the requirements of GASB 27) became effective for fiscal years starting after June 15, 2014.

The City has three main pension plans with CalPERS for Miscellaneous (Plan 181), Police (Plan 183), and Fire (Plan 182) employees with varying rates of contribution required based on the benefits offered for each bargaining unit. Each plan has both Classic and New members (Public Employees' Pension Reform Act/PEPRA) associated with it. An unfunded pension liability (UAL) exists on the City’s balance sheet (as required by GASB Statement No. 68), representing the present value of future payments being greater than the present value of current assets and assumed investment returns at the CalPERS discount rate. There are not enough current assets to meet future expected costs of the promised retirement benefits. In addition to UAL, the City has seen increases in normal cost rates, which only perpetuates the UAL growth in future fiscal years.

Without intervention, the cost of pension benefits will reduce capacity for the City (and many Cities across the nation) to pay for programs and services. There is also significant importance and value in attracting and retaining high-performing public employees to design and deliver those vital programs and services. It is critical that efforts are continued to reduce this liability and that all options are considered when addressing the commitments to employees and expectations of the community.

A UAL payment is calculated using CalPERS methodology and is impacted by numerous variables where actual events can be different to the actuarial assumptions. Some key inputs to consider that impact pension liability include, but are not limited to: the discount rate used to assume investment return; salary growth requires higher contributions (MOU contracts); living longer means longer draw on pension (mortality rates); maturity measures based on ratio of active employees supporting retirees; amortization schedule changes; inflation; and pension policy. Pension policy implementation can help guide proactive pension contributions while preventing service delivery challenges related to increased costs of pension obligations, as does implementing diverse investment strategies through an exclusive benefit trust.

An Internal Revenue Service (IRS) Section 115 Trust helps invest cash at higher rates of return, while diversifying investment assets and strategies that are separate from CalPERS. Cash invested into a 115 Trust is irrevocable and must be used for pension liability. An action will be required to direct funds from the trust to CalPERS to reduce pension liability. The amount of reserves to be transferred to a Section 115 Trust will be determined based on the proportional burden of expenses and liabilities in each fund.

Council Agenda Report
Adoption of a Pension Management Policy and Section 115 Trust [Resolution] December 5, 2023

Maintaining reserve balances will be the highest priority, followed by addressing pensionrelated expenses and future liabilities.

PARS established the first Section 115 Trust and is a predominant provider to cities in California. Approximately 500 public agencies (including 160 cities/towns) have adopted programs through PARS to reduce liabilities. Some local agencies include Goleta, Calabasas, Camarillo, Morro Bay, Thousand Oaks, and Port Hueneme. PARS partners with US Bank (trustee) and Highmark Capital Management, Inc. (management services), both of which the City has existing business.

On October 24, 2023, staff presented the draft pension management policy, the plan to establish the Section 115 Trust, and the proposed allocation methodology to the Finance Committee. The Committee voted unanimously to support staff’s recommendation and forward this item to the City Council for approval.

BUDGET/FINANCIAL INFORMATION:

The FY2024 CalPERS UAL lump sum payment was $32,186,563 (56% Misc. Plan 181, 20% Classic Fire Plan 182, and 24% Police Plan 183). The City received an interest discount of roughly 3% by prepaying the annual UAL obligation in July, saving approximately $1.0 Million. At the end of each pay period, the City is also projected to pay CalPERS the normal cost of $14,925,211 for a total projected payment to CalPERS in FY2024 of $47,111,774.

The graph below shows the expected annual minimum employer contribution amount for the unfunded liability through FY2030 based on the most recent CalPERS actuarial reports. The projections assume that all actuarial assumptions will be realized and that no further changes to assumptions, contributions, benefits, or funding will occur during the projection period. Future requirements may differ significantly from those shown below, as long-term costs of the plans will depend on actual benefits and expenses paid, and actual investment experience in the fund.
$0
$10
$20
$30
$40
$50
FY2022-23 FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 FY2029-30 Expected Annual Minimum
Employer Unfunded Liability Contribution
Millions
Council Agenda Report
Adoption of a Pension Management Policy and Section 115 Trust [Resolution] December 5, 2023

The graph below shows the City’s total UAL over the past three fiscal years and the overall funded status of all plans. The total UAL projected in FY2025 is $431.6 Million, resulting in an overall funded status of 67%, far below the City’s CORE performance measure target of 90%.

Staff recommends establishing a 115 Trust where funds are anticipated to yield better returns than what the City is saving through UAL prepayment and interest earnings in the City’s investment portfolio, including the Local Agency Investment Fund (LAIF).

Investment diversification can help the City reduce risk, improve returns, and ultimately reduce the UAL in future years.

Staff have not yet determined the City’s overall risk tolerance or when the invested funds are projected to be utilized to smooth UAL payments. In collaboration with PARS, Highmark Capital, and direction received from the Finance Committee and City Council, the City will establish a 115 Trust investment policy statement to guide investment management functions. There is no obligation for an initial deposit; however, as required by the City’s reserve policy, a portion of any year-end surplus will be the method in which deposits into the 115 Trust will be determined.

On December 6, 2022, the City Council adopted a resolution to appropriate $1,566,774 from the FY2022 General Fund operating surplus to be transferred to the 115 Trust once it is established. These funds currently reside in the General Fund reserves. Staff has developed an allocation methodology based on the proportional burden of expenses and liabilities in each fund so that each fund contributes their proportional share into the 115 Trust.

The table below shows the General Fund allocation, which has already been approved by the City Council, and staff’s recommendation for allocation for all other Funds that have pension expense and liability. The total initial allocation to the 115 Trust would be $2,232,958.
$0
$100
$200
$300
$400
$500
60%
65%
70%
75%
80%
FY2022-23 FY2023-24 FY2024-25
Unfunded Actuarial Liability Funded Ratio
CalPERS Unfunded Actuarial Liability & Funded Ratio Trend Millions
Council Agenda Report
Adoption of a Pension Management Policy and Section 115 Trust [Resolution] December 5, 2023

Fund Percent Allocation
General Fund 70.2% $1,566,774
Water Operating Fund 5.8% $129,507
Airport Operating Fund 4.2% $94,484
Waterfront Operating Fund 3.8% $84,437
Wastewater Operating Fund 3.8% $84,170
Streets Fund 2.4% $53,157
Facilities Management Fund 2.2% $49,554
Information Technology Fund 1.5% $32,970
Downtown Parking Fund 1.5% $32,880
Fleet Maintenance Fund 0.8% $18,120
Solid Waste Fund 0.7% $16,476
Creek Restoration/Water Quality Improvement 0.7% $16,441 Measure A 0.5% $11,252
Self-Insurance Trust Fund 0.4% $8,513
City Affordable Housing 0.4% $7,821
Energy and Climate Management 0.3% $5,871
Police-Suppl Law Enforcement (SLESF) 0.2% $3,537
County Library 0.1% $2,749
Fleet Replacement Fund 0.1% $2,748
Community Development Block Grant 0.1% $2,240
Police Asset Forfeiture and Grants 0.1% $1,577
Wildland Fire Suppress Assessment 0.1% $1,412
Street Sweeping Fund 0.1% $1,351
Water Drought 0.1% $1,187
SB Clean Energy 0.0% $964
Golf Course Fund 0.0% $878
Perm Local Housing Allocation Fund 0.0% $683
Federal Home Loan Program Fund 0.0% $570
Revolving Rehab Loan Fund 0.0% $462
Misc. Grants Library 0.0% $172
Total 100.0% $2,232,958
Establishing the 115 Trust and adopting a pension management policy is a core objective of Vision 2030 and the Fiscal Sustainability Initiative to more effectively manage and control expenses in the long-term. By taking no action and continuing to make only the minimum required UAL payments, the City is at greater risk of realizing higher and increasing pension expenses and liabilities. Once the 115 Trust is established, funds will be transferred based on the method determined within the Pension Management Policy into the trust and immediately invested. In consultation with PARS and Highmark Capital Management, staff will recommend an appropriation time, dependent on market and investment conditions, when funds in the 115 Trust should be transferred to CalPERS, as an additional discretionary payment (ADP).

Council Agenda Report
Adoption of a Pension Management Policy and Section 115 Trust [Resolution] December 5, 2023

Establishing a 115 Trust now does not preclude the City from pursuing other or additional policy options in the future as part of a potential multi-faceted approach to addressing the large liability.

The City will pay an annual asset fee, based on total plan assets, to PARS and US Bank/Highmark Capital Management, as follows:

Annual Rate
PARS 0.25%
US Bank/Highmark Capital 0.35%
Total 0.60%
The annual rates paid to both firms will decrease as the total plan assets grow in future years. The cost to the City of the annual rate is projected to be far lower than the planned realized earnings that will be achieved in the Section 115 Trust.

ATTACHMENT: Investment Policy Statement
PREPARED BY: Jessica Yates, Accounting Supervisor
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
City of Santa Barbara
Finance Department
Investment Policy Statement
Employee Benefits Fund Pension Plan
December XX, 2023

ATTACHMENT
Investment Policy Statement
Employee Benefits Fund Pension Plan
December XX, 2023

Scope and Purpose
The purpose of this Investment Policy Statement is to:
• Facilitate the process of ongoing communication between the Plan Sponsor and its plan fiduciaries;
• Confirm the Plan’s investment goals and objectives and management policies applicable to the investment portfolio identified below and obtained from the Plan Sponsor; • Provide a framework to construct a well-diversified asset mix that can potentially be expected to meet the account’s short- and long-term needs that is consistent with the account’s investment objectives, liquidity considerations and risk tolerance; • Identify any unique considerations that may restrict or limit the investment discretion of its designated investment managers;
• Help maintain a long-term perspective when market volatility is caused by short-term market movements.

Key Plan Sponsor Account Information
Plan Sponsor: City of Santa Barbara
Governance: The City Council for the City of Santa Barbara Plan Name (“Plan”): City of Santa Barbara Employee Benefit Fund Pension Plan Trustee: US Bank
Contact: Sue Hughes, 949-224-7209 [email protected] Type of Account: Pension Plan
ERISA Status: Not subject to ERISA
Investment Manager: US Bank, as discretionary trustee, has delegated investment management responsibilities to HighMark Capital Management, Inc. (“Investment Manager”), an SEC-registered investment adviser Contact: Salvatore ‘Tory’ Milazzo, CFA, 208-284-9245
[email protected]
Investment Policy Statement
Employee Benefits Fund Pension Plan
December XX, 2023

Investment Authority: Except as otherwise noted, the Trustee, US Bank, has delegated investment authority to HighMark Capital Management, an SEC-registered investment adviser. Investment Manager has full investment discretion over the managed assets in the account. Investment Manager is authorized to purchase, sell, exchange, invest, reinvest and manage the designated assets held in the account, all in accordance with account’s investment objectives, without prior approval or subsequent approval of any other party(ies).

Investment Objectives and Constraints
The goal of the Plan’s investment program is to generate adequate long-term returns that, when combined with contributions, will result in sufficient assets to pay the present and future obligations of the Plan. The following objectives are intended to assist in achieving this goal:
• The Plan should seek to earn a return in excess of its policy benchmark over the life of the Plan.
• The Plan’s assets will be managed on a total return basis which takes into consideration both investment income and capital appreciation. While the Plan Sponsor recognizes the importance of preservation of capital, it also adheres to the principle that varying degrees of investment risk are generally rewarded with compensating returns. To achieve these objectives, the Plan Sponsor allocates its assets (asset allocation) with a strategic perspective of the capital markets.

Investment Time Horizon: Intermediate-term 5-8 years
Anticipated Cash Flows: Assets in the Plan will seek to mitigate the impact of future rate increases from CalPERS. It is anticipated that cash flow requirements will be modest in the early years of the Plan.

Investment Objective: The primary objective is to generate a reasonable level of growth. The assets in this Plan will eventually be used to fund Pension Plan obligations for assets managed in the CalPERS Trust.

Risk Tolerance: Moderate
The account’s risk tolerance has been rated moderate, which demonstrates that the account can accept price fluctuations to pursue its investment objectives.

Investment Policy Statement
Employee Benefits Fund Pension Plan
December XX, 2023

Strategic Asset Allocation: The asset allocation ranges for this objective are listed below:

Strategic Asset Allocation Ranges
Cash Fixed Income Equity
0-20% 40%-60% 40%-60%
Policy: 5% Policy: 45% Policy: 50%
Market conditions may cause the account’s asset allocation to vary from the stated range from time to time. The Investment Manager will rebalance the portfolio no less than quarterly and/or when the actual weighting differs substantially from the strategic range, if appropriate and consistent with your objectives.

Security Guidelines:

Equities
With the exception of limitations and constraints described above, Investment Manager may allocate assets of the equity portion of the account among various market capitalizations (large, mid, small) and investment styles (value, growth). Further, Investment Manager may allocate assets among domestic, international developed and emerging market equity securities.

Total Equities 40%-60%
Equity Style Range
Domestic Large Cap Equity 15%-45%
Domestic Mid Cap Equity 0%-10%
Domestic Small Cap Equity 0%-15%
International Equity (incl. Emerging Markets) 0%-15%
Real Estate Investment Trust (REIT) 0%-15%
Fixed Income
In the fixed income portion of the account, Investment Manager may allocate assets among various sectors and industries, as well as varying maturities and credit quality that are consistent with the overall goals and objectives of the portfolio.

Total Fixed Income 40%-60%
Fixed Income Style Range
Long-term bonds (maturities >7 years) 0%-25%
Intermediate-term bonds (maturities 3-7
years)
25%-60%
Short-Term bonds (maturities <3 years) 0%-25%
High Yield bonds 0%-10%
Investment Policy Statement
Employee Benefits Fund Pension Plan
December XX, 2023

Performance Benchmarks:

The performance of the total Plan shall be measured over a three and five-year periods. These periods are considered sufficient to accommodate the market cycles experienced with investments.

The performance shall be compared to the return of the total portfolio blended benchmark shown below.

Total Portfolio Blended Benchmark

26.50% S&P500 Index

5.00% Russell Mid Cap Index

7.50% Russell 2000 Index

3.25% MSCI Emerging Market Index

6.00% MSCI EAFE Index

1.75% Wilshire REIT Index

33.50% Bloomberg U.S. Aggregate Bond Index

10.00% ICE BofA 1-3 Year US Corp/Gov’t

1.50% ICE BofA High Yield Master II Index

5.00% FTSE 1Mth T-Bill
Asset Class/Style Benchmarks
Over a market cycle, the long-term objective for each investment strategy is to add value to a market benchmark. The following are the benchmarks used to monitor each investment strategy:

Large Cap Equity S&P 500 Index
Growth S&P 500 Growth Index
Value S&P 500 Value Index
Mid Cap Equity Russell Mid Cap Index
Growth Russell Mid Cap Growth Index
Value Russell Mid Cap Value Index
Small Cap Equity Russell 2000 Index
Growth Russell 2000 Growth Index
Value Russell 2000 Value Index
REITs Wilshire REIT Index
International Equity MSCI EAFE Index
Investment Grade Bonds Bloomberg U.S Aggregate Bond Index High Yield ICE BofA High Yield Master II Index
Security Selection
Investment Manager may utilize a full range of investment vehicles when constructing the investment portfolio, including but not limited to individual securities, mutual funds, and exchange-traded funds.

In addition, to the extent permissible, Investment Manager is authorized to invest in shares of mutual funds in which the Investment Manager serves as advisor or sub-adviser.

Investment Policy Statement
Employee Benefits Fund Pension Plan
December XX, 2023

Investment Limitations:

The following investment transactions are prohibited:
• Direct investments in precious metals (precious metals mutual funds and exchange-traded funds are permissible).
• Venture Capital
• Short sales*
• Purchases of Letter Stock, Private Placements, or direct payments • Leveraged Transactions*
• Commodities Transactions Puts, calls, straddles, or other option strategies* • Purchases of real estate, with the exception of REITs • Derivatives, with exception of ETFs*
*Permissible in diversified mutual funds and exchange-traded funds Duties and Responsibilities
Responsibilities of Plan Sponsor
The Plan Administrator (Plan Administrator for the Plan) is responsible for:
 Confirming the accuracy of this Investment Guidelines Document, in writing.  Advising Trustee and Investment Manager of any change in the plan/account’s financial situation, funding status, or cash flows, which could possibly necessitate a change to the account’s overall risk tolerance, time horizon or liquidity requirements; and thus would dictate a change to the overall investment objective and goals for the account.  Monitoring and supervising all service vendors and investment options, including investment managers.
 Avoiding prohibited transactions and conflicts of interest.

Responsibilities of Trustee
The Plan Trustee is responsible for:
 Valuing the holdings.
 Collecting all income and dividends owed to the Plan.  Settling all transactions (buy-sell orders).

Responsibilities of Investment Manager
The Investment Manager is responsible for:
 Assisting the Plan Administrator with the development and maintenance of this Investment Policy Guideline document annually.
 Meeting with the Plan Administrator annually to review portfolio structure, holdings, and performance and assisting in presenting the annual review to City Council.

Investment Policy Statement
Employee Benefits Fund Pension Plan
December XX, 2023

 Designing, recommending and implementing an appropriate asset allocation consistent with the investment objectives, time horizon, risk profile, guidelines and constraints outlined in this statement.
 Researching and monitoring investment advisers and investment vehicles.  Purchasing, selling, and reinvesting in securities held in the account.  Monitoring the performance of all selected assets.
 Voting proxies, if applicable.
 Recommending changes to any of the above.
 Periodically reviewing the suitability of the investments, being available to meet with the City Administrator at least once each year and being available at such other times within reason at your request.
 Preparing and presenting appropriate reports.
 Informing the Plan Administrator if changes occur in personnel that are responsible for portfolio management or research.

Acknowledgement and Acceptance
I/We being the Plan Sponsor with responsibility for the account(s) held on behalf of the Plan Sponsor specified below, designate Investment Manager as having the investment discretion and management responsibility indicated in relation to all assets of the Plan or specified Account. If such designation is set forth in the Plan/trust, I/We hereby confirm such designation as Investment Manager.

I have read the Investment Guidelines Document, and confirm the accuracy of it, including the terms and conditions under which the assets in this account are to be held, managed, and disposed of by Investment Manager. This Investment Guidelines Document supersedes all previous versions of an Investment Guidelines Document or investment objective instructions that may have been executed for this account.
__________________________________________________ Date:________________ Plan Sponsor: Keith DeMartini, Finance Director, City of Santa Barbara __________________________________________________ Date:________________ Investment Manager: Salvatore ‘Tory’ Milazzo, CFA, Senior Portfolio Manager, 208-284-9245 Investment Strategy Selection and Disclosure Form
PARS Pension / OPEB Trust Program
ʄ This document is entered into by client and U.S. Bank National Association (“U.S. Bank”), as trustee. ʄ Employer:
ʄ Plan/Trust Name: Public Agencies Post-Employment Benefits Trust ʄ To: HighMark Capital Management, Inc. and U.S. Bank:

U.S. Bank has been or is hereby appointed Investment Manager of the above-referenced Plan/Trust. Please invest the assets of the above-referenced Plan/ Trust for which you have been appointed Investment Manager in the (select one of the strategies listed below for each Plan funded by the Trust):
‰ OPEB Account ‰‰ Pension Account Primary Goal Strategic Range
‰ Liquidity Management (US Treasury) ‰ Liquidity Management (US Treasury) Provide current income with
liquidity and stability of principal
through investments in short-term
U.S. Treasury obligations.

Money Market Fund
‰ Liquidity Management (Prime Obligation) ‰ Liquidity Management (Prime Obligation) Generate current income with liquidity. Money Market Fund

DIVERSIFIED PORTFOLIOS
‰ Conservative HighMark PLUS ‰ Conservative HighMark PLUS Provide a consistent level of inflation-protected income over the
long-term.

Equity:

Fixed Income:

Cash:
5-20%
60-95% ‰ Conservative Index PLUS ‰ Conservative Index PLUS 0-20% ‰ Moderately Conservative HighMark PLUS ‰ Moderately Conservative HighMark PLUS Provide current income with capital appreciation as a secondary
objective.

Equity:

Fixed Income:

Cash:
20-40%
50-80% ‰ Moderately Conservative Index PLUS ‰ Moderately Conservative Index PLUS 0-20% ‰ Moderate HighMark PLUS ‰ Moderate HighMark PLUS Provide current income and moderate capital appreciation.

Equity:

Fixed Income:

Cash:
40-60%
40-60% ‰ Moderate Index PLUS ‰ Moderate Index PLUS 0-20% ‰ Balanced HighMark PLUS ‰ Balanced HighMark PLUS Provide growth of principal and income.

Equity:

Fixed Income:

Cash:
50-70%
30-50% ‰ Balanced Index PLUS ‰ Balanced Index PLUS 0-20% ‰ Capital Appreciation HighMark PLUS ‰ Capital Appreciation HighMark PLUS Primary goal is growth of principal.

Equity:

Fixed Income:

Cash:
65-85%
10-30% ‰ Capital Appreciation Index PLUS ‰ Capital Appreciation Index PLUS 0-20% ‰ Custom ‰ Custom Refer to Investment Guidelines Document.

Note: HighMark PLUS portfolios are diversified portfolios of actively managed mutual funds. Index PLUS portfolios are diversified portfolios of Index-based mutual funds or exchange-traded funds.

Acknowledged and Approved
Signature of Authorized Signer Title of Authorized Signer Print Name of Authorized Signer Date
PENSION OPEB HM MANAGED  ISSDF 203 02.09.2018
Exhibit A to the Adoption Agreement
SAMPLE
1 RESOLUTION NO. ______

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA APPROVING A PENSION

MANAGEMENT POLICY
WHEREAS, Governmental Accounting Standards Board (GASB) issued GASB Statement No. 68, Accounting and Financial Reporting for Pensions, which required governmental employers to recognize a Net Pension Liability on their balance sheet, which is the difference between the City’s total pension liability (actuarial accrued liability) and actual plan assets; and
WHEREAS, inadequate assets exist to meet the future expected costs of the promised retirement benefits of existing and retired City employees; and WHEREAS, an important step to controlling and managing pension related expenses and liabilities is the establishment of a Pension Management Policy that establishes guidelines, standards, and procedures for the management and effective controls of pensions; and
WHEREAS, by establishing set standards, the City can address immediate and long-term pressures related to meeting required minimum contributions, servicing its unfunded liability, providing competitive compensation to employees while continuing to provide essential services to the community; and
WHEREAS, the Finance Committee of the Council of the City of Santa Barbara reviewed the Pension Management Policy on October 24, 2023, and voted unanimously to recommend approval.

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

1. The above recitations are true and correct.

2. The Pension Management Policy, attached hereto as Exhibit A and incorporated herein by this reference, is hereby approved.

3. The Finance Director, or his or her designee, is directed to implement the Pension Management Policy as directed therein.

4. This Resolution shall take effective on the date of its passage and adoption. 2 City of Santa Barbara
Pension Management Policy
Approved By: Rebecca Bjork,
City Administrator
Policy Effective: December 5, 2023
Purpose
This policy establishes guidelines, standards, and procedures for the management and effective controls of employee pension, including associated unfunded liability (long-term debt). By establishing set standards, the City can address immediate and long-term pressures related to meeting required minimum contributions, servicing its unfunded liability, providing competitive compensation to employees while continuing to provide essential services to the community.

Statement of City Policy
The Pension Management Policy covers methods currently in place and options to be considered for the effective management of employee pensions. While there are many ways to manage pension liability, several methods include, but are not limited to discretionary payments to the California Public Employees’ Retirement System (CalPERS), fresh-starts, Section 115 Trusts, employee cost sharing, limiting pay increases, or the issuance of Pension Obligation Bonds (POB). All pension management activities serve the purpose of reducing unfunded pension liability obligations while continuing to provide high levels of service with the best interest of the public in mind.

It is a financial health goal of the City to maintain a minimum funding level of 90% in its defined pension plan. Decisions and strategies made regarding the management of City pensions are ultimately the decision of City Council and must be adopted by Resolution to be made effective.

It is the objective of this policy to demonstrate prudent financial management and long-term fiscal and budgetary sustainability.

Background
The City has three main pension plans with CalPERS for Miscellaneous, Police, and Fire employees with varying rates of contribution required based on the benefits offered for each bargaining unit. Each plan has both Classic and new members (Public Employees' Pension Reform Act/PEPRA) associated. An unfunded pension liability (UAL) exists on the City’s balance sheet, representing the present value of future payments being greater than the present value of current assets and assumed investment returns at the CalPERS discount rate. There are not enough current assets to meet future expected costs of the promised retirement benefits. In

EXHIBIT A
3 addition to UAL, the City has seen increases in normal cost rates, which only perpetuates the UAL growth in future fiscal years.

The City sends CalPERS payments in the following two ways:

1. Bi-weekly payroll process whereby a CalPERS determined Normal Cost percentage is deducted from the employee (EE contribution) and from the employee’s associated department (ER contribution), and

2. Annual payment towards the UAL. UAL payments do not have to be paid in one lump sum, but can be spread over 12 monthly payments, albeit at a cost to the City.

By paying the annual UAL required payment in advance for the fiscal year ahead, the City can take advantage of the discount rate applied. There is an investment benefit to paying ahead as CalPERS assumes to make higher rates of return. If CalPERS makes less than 6.8% annual returns in any given year(s), CalPERS will likely reflect additional UAL over a longer duration compared to the current actuarial report projections.

The UAL payment is calculated using CalPERS’ methodology and is impacted by numerous variables where actual events can be different to the actuarial assumptions. Some key inputs to consider that impact pension liability include, but are not limited to, the discount rate used to assume investment return; salary growth requires higher contributions (MOU contracts); mortality rates, living longer means longer draw on pension; maturity measures based on ratio of active employees supporting retirees; amortization schedule changes; inflation; and pension policy.

Pension policy implementation can help guide proactive pension contributions while preventing service delivery challenges related to increased costs of pension obligations.

Pension Funding Guide
A Guide for Elected Officials, issued by eleven national groups including the U.S. Conference of Mayors, the International Agency/County Management Association, and the Government Finance Officers Association, established the following five general policy objectives for a pension funding policy:

1. Actuarially Determined Contributions (ADC): A pension funding plan should be based upon an ADC that incorporates both the cost of benefits in the current year and the amortization of the plan’s unfunded actuarial accrued liability.

2. Fund discipline: A commitment to make timely, actuarially determined contributions to the retirement system is needed to ensure that sufficient assets are available for all current and future retirees.

3. Intergenerational equity: Annual contributions should be reasonably related to the expected and actual cost of each year of service so that the cost of employee benefits is paid by the generation of taxpayers who receives from those employees.

4. Contributions as a stable percentage of payroll: Contributions should be managed so that employer costs remain consistent as a percentage of payroll over time. 4 5. Accountability and transparency: Clear reporting of pension funding should include an assessment of whether, how, and when the plan sponsor will ensure sufficient assets are available for all current and future retirees.

UAL Reduction Strategies
Paying Normal Costs (rate of contributions) alone will not address the present value of current and future pension benefits exceeding the market value of the assets (lower investment returns than discount rate). The Public Employees’ Pension Reform Act (PEPRA) has provided some relief by limiting the maximum annual compensation eligible for pension calculations and it mandates a different retirement formula (reduced employee benefits for hires after January 1, 2013), however, additional pension management strategies are needed. Uncertainty is inevitable and generally understated, but with diligent assessment and action backed with facts and figures, pension stabilization can occur and reduce cost while maintaining fair compensation for employees and vital City services.

Prepayment of Annual UAL: The City will continue to make prepayments to the annual UAL when financially able and will budget adequate expenditure appropriation in each budget cycle to prepay the UAL.

Additional Discretionary Payments (ADP): When making additional payments to CalPERS, the City shall be required to select which base these monies should be applied.

The City should select a shorter-term base to have the maximum impact on budgetary savings, and a longer-term base to maximize total UAL savings. To the extent that CalPERS discount rate (expected rate of return) exceeds the City’s expected investment returns, the City shall apply a portion of its excess reserves, above stated policy goals/objectives, to pay unfunded liabilities.

Cost Sharing Opportunities: The City will continue to negotiate with labor units to address pension contributions and cost sharing strategies in the event of significant or unexpected changes.

Amortization Schedule Adjustment: The City shall consider the pros and cons of selecting an alternative amortization schedule than currently offered by CalPERS as an alternative to ADP when evaluating ADPs.

Pension Stabilization Reserve: At the end of each fiscal year, 50% of any General Fund, Enterprise Funds, and Internal Service Funds surplus realized from actual revenues exceeding actual expenditures including the annual capital program will be used to address pension-related expenses and future liabilities (Resolution 22-126). Annual contributions need to be enough to accumulate earnings and reduce UAL, but contributions should not be done in a way that operating budgets are impacted. Funds within the Pension Stabilization Reserve will be transferred annually to the Section 115 Trust for future ADP payments.
5 Section 115 Trust: A Section 115 Trust helps invest cash at higher rates of return, while diversifying investment assets and strategies that are separate from CalPERS. Cash invested into a Section 115 Trust is irrevocable and must be used for pension liability only.

Action is required to direct funds from the trust to CalPERS to reduce pension liability. The amount to be transferred to a Section 115 Trust to address pension-related expenses and future liabilities will be determined based on the proportional burden of expenses and liabilities in each fund. Maintaining healthy citywide fund balances will be the highest priority, followed by addressing pension-related expenses and future liabilities.

The City, in partnership with a selected financial advisor that specializes in pension/OBEB issues, will manage the Section 115 Trust investments and annually report trust earnings.

The management and administration of the Section 115 Trust will be contracted out to a professional and competent fiduciary, but direction of resources must be agreed to by the City. The firm to manage the trust will be a full-service program, including administration, management, and trustee. The selected firm will create and manage the City’s pension investment policy, asset allocation guidelines, and funding strategies (based on risk tolerance), and will provide periodic reporting (quarterly and annually). The selected firm will also coordinate contributions and process distribution requests, educate on the trust program, complete GASB 74/75 reporting, and will remain in full compliance with the related contract and state/federal laws.

Pension Obligation Bond (POB): The City may consider use of pension obligation bonds (formal debt agreement to pay bond holders a fixed percentage over the lifetime of the bond), given the right economic circumstances. POBs can help reduce the short term and overall cash outflows for the City, while enhancing long-term sustainability and predictability (lower/fixed annual costs). Any POB issuance requires market consideration and majority vote from City Council prior to adoption. A POB should be used only for strategic management of pension liabilities and not under financial duress. Before POBs are considered, a complete risk analysis should be conducted and presented in a public meeting. Any POB issuance shall be consistent with the City’s debt management policy.

Since these bonds are issued on a taxable basis, they carry a higher interest rate than traditional municipal “tax-exempt” debt. The City shall adhere to the following general criteria:

1. Unfunded liabilities should not exceed the 95% funding level, after the application of bond proceeds.

2. Bonds shall not be structured to defer payments or extend the final maturity date.

3. Bonds shall be structured with standard call provisions (e.g., 100%-102% in 10 years).

4. Bonds shall not finance current or normal costs; they shall only be used to refinance unfunded pension and other post employee benefit (OPEB) liabilities.

5. Interest rate on bonds shall be at least 2.0-2.5% less than the current /projected CalPERS Discount Rate.
6 6. Bonds should provide demonstrated cash flow savings - a target minimum of 10% NPV savings (except for refunding bonds).

7. To maximize the benefit of POBs, the City shall seek the reinvestment of cash flow savings into other liability reduction strategies, such as additional payments into a Section 115 Trust.

Tax-Exempt Exchange: When it is fiscally prudent and responsible under the prevailing economic conditions, and in compliance with the City’s debt management policy, the City may seek a tax-exempt exchange by utilizing debt proceeds from typical pay-go capital improvement projects to apply to the UAL.

Superfunded Status: If the City achieves “superfunded” status, where asset values exceed the accrued liability (i.e., funding level exceeds 100%), any excess amount shall be reported to City Council and staff will provide a recommendation on the handling of these excess funds.

Fresh Start: A Fresh Start is the re-amortization of one or more of the Unfunded Accrued Liability amortization bases over a shorter period. The goal of a Fresh Start is to reduce the UAL more quickly and provide significant long-term savings.

Other: As alternative methods are determined to help reduce the City’s pension liability; it will be the responsibility of the Finance Department to complete due diligence to ensure the selected method will achieve the desired outcome of reducing the City’s overall liability.

Responsible Parties
The Finance Department will be responsible for coordinating all pension-related payments and reduction strategies in conjunction with this policy and CalPERS requirements. It shall also be their responsibility to identify budgetary savings and recommend allocations as deemed necessary with consideration to impending General Fund and other fund obligations. After the release of the most current CalPERS actuarial report, staff shall present a summary of each plan’s funding status. New amortization levels shall be specifically addressed. This information shall be presented during a Finance Committee meeting, which shall include a summary of funding status, funding progress compared to prior years, as well as any recommended actions and/or budget adjustments to address areas of concern.

It shall be the responsibility of the City Council to understand pension liability obligations and make decisions necessary to protect the health and vitality of the City. It shall be the responsibility of the investment authority to purchase, sell, exchange, invest, reinvest, and manage the designated assets held in the Section 115 Trust in coordination with the City and in alignment with their contract and this policy.

It shall be the responsibility of all authorized individuals to prevent service delivery challenges related to the increased costs of pension obligations and to proactively identify impacts and recommend mitigation strategies, as appropriate, through the budget development process. 7 Policy Amendments
This policy is intended to provide general guidelines. Each individual decision shall require analysis and review on a case-by-case basis. This policy document requires periodic review and update to consider changes in the City’s financial position and funding status. Any amendments to this Policy shall be made by Resolution during a City Council meeting to provide transparency to the public and the opportunity for input. Nothing in this funding policy shall constitute an obligation upon the City, nor an implied contract. The City Council may revoke or amend this policy in the best interests of the City.

Reporting
The Finance Director shall submit Section 115 Trust investment reports to the Finance Committee and the City Council that provide a clear picture of the status of the current investment portfolio and shall contain sufficient information to permit an independent organization to evaluate the performance of the Section 115 Trust. Based on the discretion of the Finance Committee, an independent advisor may be contracted, from time to time, to perform one or more of the following functions: confirm that the Section 115 Trust is in compliance with the Government Code of the State of California and with the Statement of the Pension Management Policy of the City of Santa Barbara; present an evaluation of the Section 115 Trust and recommendations; and, provide any other information that may be helpful to the Finance Committee in review of the Section 115 Trust and related UAL.
1 RESOLUTION NO. ______

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA APPROVING THE

ESTABLISHMENT OF A POST-EMPLOYMENT
BENEFITS TRUST (115 TRUST) ADMINISTERED BY

THE PUBLIC AGENCY RETIREMENT SERVICES
(PARS), BY APPOINTING THE CITY’S FINANCE

DIRECTOR AS PLAN ADMINISTRATOR,

AUTHORIZING THE PLAN ADMINISTRATOR TO

EXECUTE, SUBJECT TO APPROVAL AS TO FORM

BY THE CITY ATTORNEY, THE AGREEMENT FOR

ADMINISTRATIVE SERVICES AND ESTABLISH THE

INVESTMENT POLICY STATEMENT WITH PARS
WHEREAS, PARS has made available the PARS Public Agencies Post-Employment Benefits Trust (the “Program”) for the purpose of prefunding pension obligations and/or OPEB obligations; and
WHEREAS, the City of Santa Barbara (“City”) is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued thereunder, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and
WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former employee’s entitlement to post-employment benefits; and WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program.

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

1. The City Council hereby adopts the PARS Public Agencies Post-Employment Benefits Trust, effective December 5, 2023.

2. The City Council hereby appoints the Finance Director, or his/her successor or his/her designee, as the City’s Plan Administrator for the Program. 2 3. The City’s Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City, establish the Investment Policy Statement, and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Program.
1 RESOLUTION NO. _____

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 23-
076, ADOPTING THE BUDGET FOR FISCAL YEAR
(FY) 2024, TO APPROPRIATE THE TRANSFER

FUNDS FROM ENTERPRISE, INTERNAL SERVICE,

AND OTHER FUNDS FROM AVAILABLE RESERVES
INTO THE 115 TRUST
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; and WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2023; and
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 23-076, this Resolution approves the amendment to the budget as provided herein.

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

In accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2024, as adopted by Resolution No. 23-076, is hereby amended as follows:

1. In accordance with Resolution No. 22-125 adopted by the City Council on December 13, 2022, available General Fund reserves in the amount of $1,566,774 are appropriated from the FY2022 General Fund operating surplus and are to be transferred to the Section 115 Trust.

2. The Council approves appropriating the transfer of funds from enterprise, internal service, and other funds from available reserves into the Section 115 Trust as shown in the table below.
2 Fund Allocation
Water Operating Fund $129,507
Airport Operating Fund $94,484
Waterfront Operating Fund $84,437
Wastewater Operating Fund $84,170
Streets Fund $53,157
Facilities Management Fund $49,554
Information Technology Fund $32,970
Downtown Parking Fund $32,880
Fleet Maintenance Fund $18,120
Solid Waste Fund $16,476
Creek Restoration/Water Quality Improvement $16,441
Measure A $11,252
Self-Insurance Trust Fund $8,513
City Affordable Housing $7,821
Energy and Climate Management $5,871
Police-Suppl Law Enforcement (SLESF) $3,537
County Library $2,749
Fleet Replacement Fund $2,748
Community Development Block Grant $2,240
Police Asset Forfeiture and Grants $1,577
Wildland Fire Suppress Assessment $1,412
Street Sweeping Fund $1,351
Water Drought $1,187
SB Clean Energy $964
Golf Course Fund $878
Perm Local Housing Allocation Fund $683
Federal Home Loan Program Fund $570
Revolving Rehab Loan Fund $462
Misc. Grants Library $172
Total $666,184

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
SUBJECT: Ordinance Authorizing and Regulating Parklets for Outdoor Dining in the Public Right of Way [Ordinance Introduction]
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.

DISCUSSION:

On October 17, 2023, the Council approved staff’s recommendation to create a citywide program for parklets and directed the City Attorney to prepare an ordinance to implement the program and bring it back to the Council for introduction and adoption. The draft ordinance implements that direction. The Council also directed the City Attorney to prepare a resolution establishing process and license fees. The fee resolution will be presented to the Council at a meeting in December.

Parklets are structures used for outdoor dining and located within parking spaces on City streets. They were initially authorized under Ordinance No. 6055 and its predecessors.

Ordinance No. 6055 expires on December 31, 2023. On October 3, 2023, the Council adopted an ordinance adding Title 31 to the Santa Barbara Municipal Code authorizing outdoor business facilities within the State Street Promenade, the 00 block of West Victoria, and the 400 and 1300 blocks of State Street. The proposed ordinance will add Chapter 9.180 to the Municipal Code to authorize and regulate parklets citywide outside the area covered by Title 31. Existing Chapter 9.95 authorizes outdoor dining on sidewalks pursuant to an outdoor dining license agreement. Chapter 9.180 will provide separate authorization for outdoor dining in parklets. A separate Municipal Code chapter is required because parklets are located within the roadway where there are different safety, drainage, and structural considerations than for facilities located on sidewalks.

Agenda Item No. 32
File Code No. 530.04
Council Agenda Report
Ordinance Authorizing and Regulating Parklets for Outdoor Dining in the Public Right of Way [Ordinance Introduction]
December 5, 2023

Location and Safety
Location and safety were significant concerns addressed by staff and discussed by the Council at the October 17, 2023 meeting. Thus, parklets will be prohibited on all one-way streets having two or more travel lanes and on all two-way streets having two or more travel lanes in any one direction. At the request of businesses on Coast Village Road, parklets will also be prohibited on that street. (Section 9.180.040.) Parklets must also be protected by approved traffic safety barriers, which may be integrated into the parklet design as approved by the City Engineer. The City Engineer is directed to maintain standard specifications for the type and location of traffic safety barriers. (Section

9.810.080 C.) A provision is included to authorize the City Engineer to require traffic safety barriers for outdoor business facilities on the 00 block of West Victoria and the 400 and 1300 blocks of State Street. (Section 9.180.030 B.) Additional safety related location restrictions include spaces with red or blue curbs, spaces immediately adjacent to an intersection or crosswalk, where the parklet would interfere with a designated path of travel, along the shoulder of any street that does not have curb, gutter, and sidewalk, and other incompatible locations as determined by the City Engineer. (Section 9.180.050).

Parklets are also prohibited in other restricted parking spaces (e.g., white or yellow curb spaces) unless an approved replacement is provided. Parklets are limited to the spaces entirely within the frontage of the eating and drinking establishment for which the parklet is established.

Under proposed Section 9.180.070, a parklet owner assumes all risks and agrees to defend and indemnify the city for liabilities arising from the existence, use, or condition of a parklet. The section also requires the parklet owner to maintain insurance approved by the Risk Manager. This requirement is similar to the existing requirement under Ordinance No. 6055.

Requirements applicable to all parklets
Proposed Section 9.180.060 establishes requirements applicable to all parklets. In addition to requirements that are carried over from Ordinance No. 6055, such as compliance with the Americans with Disabilities Act and Chapter 11B of Title 24 of the California Code of Regulations and compliance with regulations of the Department of Alcoholic Beverage Control, there is a new prohibition against roofs and overhead structures and a limitation of the height and width of parklets. The height and width dimensions are based on the dimension limits for oversized vehicles that are restricted under Municipal Code Section 10.44.210, but also have a limit on side height to enhance visibility. (Section 9.180.060 G.) Parklets are considered temporary use of public space and not part of the occupancy of the restaurant or bar. The license serves as the permit for the parklet. (Sections 9.180.030 A and 9.180.060 B.) Parklets may not be built or operated except pursuant to license. (Section 9.180.090.) Council Agenda Report
Ordinance Authorizing and Regulating Parklets for Outdoor Dining in the Public Right of Way [Ordinance Introduction]
December 5, 2023

Administration and License Issuance
The Public Works Director is responsible for the administration and enforcement of the new chapter, including issuing parklet licenses. (Section 9.180.080.) The process for obtaining a license is specified in Section 9.180.110. To obtain a parklet license an owner must first request a pre-application review by the Public Works Department. The purpose of the review is to advise the owner of all the applicable requirements and provide preliminary advice on whether a parklet is feasible at the particular location. Following preliminary review, the owner may file an application for a license with the Public Works Department. If the Public Works Department determines that the parklet meets all of the location and other mandatory requirements, then the application will be referred to the Community Development Department for design review. Further, the applicant will be advised of the need to apply for a coastal development permit when a parklet is proposed in the coastal zone. (Section 9.180.130.) This early review by the Public Works Department will assure that only those parklets that meet the location and other mandatory requirements will be processed by Community Development. Following design review, and coastal permitting if required, the application will be returned to the Public Works Department for final issuance of a parklet license.

The Council found that parklets are exempt from CEQA when it approved the program.

Section 9.180.120 incorporates that exemption for individual parklets and issuance of a parklet license.

The type and location of traffic safety barriers are not subject to design review. However, the design review body may specify coloring, coating, or other aesthetic features of the barriers. This limitation is necessary because of the City Engineer’s delegated authority with respect to preservation of the City’s design immunity. The Public Works Director may adopt design guidelines for parklets and for traffic safety barriers. Separate guidelines may be adopted for areas subject to the respective jurisdictions of the Historic Landmarks Commission and the Architectural Board of Review. The guidelines may be applied in lieu of design review upon approval of the guidelines by the Historic Landmarks Commission or Architectural Board of Review. (Section 9.180.140.) Parklet Licenses
Parklet licenses will be in the form of an agreement, approved by the City Attorney. It will contain all of the terms and conditions for construction, operation, and maintenance of the parklet. A license will have a duration of up to five years as determined by the Public Works Director. Licenses are renewable. A licensee must pay an annual license fee in an amount established by City Council resolution. The license fee is similar to rent. (Sections 9.180.110 D, 9.180.150, 9.180.060.) There is no vested right to a parklet and a parklet license does not create any vested right. Parklets are considered temporary use of public property. (Section 9.180.170.) The Public Works Director is authorized to abate parklets for violations. (Section 9.180.180.)
Council Agenda Report
Ordinance Authorizing and Regulating Parklets for Outdoor Dining in the Public Right of Way [Ordinance Introduction]
December 5, 2023

Existing Parklets.

Provisions for existing parklets are contained in Section 2 of the proposed ordinance.

Parklets in prohibited locations or on prohibited streets must be removed by January 1, 2024. Existing parklets in authorized locations may remain if the owner submits a preliminary review application not later than December 20, 2023, but are required to install traffic safety barriers by March 1, 2024. A parklet owner who submits a preliminary review application and desires to keep the parklet must also file an application under the new license process by April 22, 2024, and must process the application and bring the parklet into full compliance, including design review by December 31, 2024. Existing parklet owners will be required to pay the annual license fee starting February 1, 2024, while the application is pending. The Public Works Department will provide the form for the preliminary review applications.

Thus, it is likely that modifications to existing parklets will need to be made to comply with the requirement for traffic safety barriers. For example, if a parklet occupies the entire parking space area, then the width of the parklet will need to be reduced by approximately two feet to accommodate the traffic safety barriers.

ENVIRONMENTAL REVIEW
At its meeting on October 17, 2023, the Council determined that the citywide parklet program is categorically exempt from CEQA under CEQA Guidelines Sections 15301 and 15303 and directed the filing of a notice of exemption.

PREPARED BY: Daniel S. Hentschke, Assistant City Attorney SUBMITTED BY: Sarah J. Knecht, City Attorney
APPROVED BY: City Administrator's Office

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1 ORDINANCE NO. _____

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

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

SECTION 1. Title 9 of the Santa Barbara Municipal Code is amended by adding Chapter 9.180 to read as follows:

Chapter 9.180 Parklets in Public Right of Way

9.180.010 Purpose

9.180.020 Definitions

9.180.030 General Authorization

9.180.040 Prohibited Areas

9.180.050 Location Requirements

9.180.060 Requirements Applicable to All Parklets

9.180.070 Assumption of Risk and Liability

9.180.080 Administration

9.180.090 Parklet License Required

9.180.100 Parklet License Application

9.180.110 Application Processing and Issuance

9.180.120 Environmental Review

9.180.130 Parklets in the Coastal Zone

9.180.140 Design Review

9.180.150 Annual License Fee

9.180.160 Parklet License Term and Renewal

9.180.170 No Vesting of Rights

9.180.180 Abatement

9.180.010 Purpose.

The purpose of the regulations and standards in this Chapter are to supplement the opportunity for increased business and pedestrian traffic on sidewalks under Chapter

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2 9.95 of this Code by providing safe and visually appealing opportunities for placement of facilities for outdoor dining within parking spaces on City streets.

9.180.020 Definitions.

A. “Eating and drinking establishment” means a business engaged in serving prepared food or beverages typically for on-site consumption, as described in Section

30.295.040 of this Code, and includes establishments that are exclusively eating or drinking.

B. “Outdoor dining” means the service or consumption of food or beverages in conjunction with the operation of an eating and drinking establishment.

C. “Parklet” means a structure used exclusively for outdoor dining located within one or more parking spaces on a City street.

D. “Parking space” means the area of a City street set aside for parking of vehicles between the curb face and vehicular travel way having a width of 7 feet perpendicular to the curb and a length of 20 feet parallel to the travel way unless a different dimension has been designated by striping or other painted street markings. In areas designed for diagonal parking, the width of a parking space will be determined by the painted striping and the depth will be a distance of 20 feet measured from the curb face along each side.

E. “Street Frontage” means the area measured along any front lot line, as described in Section 30.15.110 of this Code. If a lot has more than one business along a frontage, the frontage for the parklet is limited to the frontage of the eating or drinking establishment for which the parklet is licensed.

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3 9.180.030 General Authorization.

A. Notwithstanding Chapter 9.48 of this Code, parklets may be located in parking spaces on City streets adjacent to eating and drinking establishments in compliance with all requirements of this Chapter, except as otherwise provided in Section

9.180.040. Parklets licensed and placed under this Chapter will be considered permitted temporary, minor encroachments and not subject to any other provision of this Code governing issuance of permits for encroachments on City streets.

B. This Chapter does not apply to outdoor business facilities authorized under Chapter 31.30 of this Code. The City Engineer may require outdoor business facilities authorized under Section 31.30.040 C to install traffic safety barriers.

C. A parklet may be operated in conjunction with outdoor dining authorized under Chapter 9.95 provided that the eating or drinking establishment has obtained separate authorization for the outdoor dining area under Chapter 9.95 and for the parklet under this Chapter.

9.180.040 Prohibited Areas.

A. Parklets are prohibited on:

1. All one-way streets having two or more travel lanes.

2. All two-way streets having two or more travel lanes in any one direction.

B. Parklets are prohibited on Coast Village Road.

9.180.050 Location Requirements.

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4 A. An eating and drinking establishment may locate a parklet in the parking spaces that are entirely within the establishment’s street frontage.

B. An eating and drinking establishment may not locate a parklet in any of the following areas:

1. A parking space where parking is entirely prohibited as designated by a posted sign or red curbing.

2. A parking space reserved for parking by persons with disabilities as designated by a posted sign or blue curbing.

3. A parking space designated as a pedestrian loading zone (white curb) or as a commercial loading zone (yellow curb) unless a replacement loading zone is approved by the City Engineer.

4. A parking space immediately adjacent to an intersection of two streets or a street and an alley as determined by the City Engineer.

5. A parking space immediately adjacent to a crosswalk as determined by the City Engineer.

6. Within 15 feet of a fire hydrant.

7. Where the parklet would interfere with a designated safe path of travel for a parking space designated for persons with disabilities as determined by the City Engineer.

8. Where the parklet would interfere with access to essential utility facilities located within or adjacent to the parking space as determined by the City Engineer.

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5 9. Where the parklet would interfere with the normal operation of storm drains or storm drain facilities as determined by the City Engineer.

10. Along the shoulder of any street that does not have a curb, gutter, and sidewalk except as otherwise permitted by the City Engineer.

11. Where the speed, volume, or nearness of vehicular traffic or proximity to a driveway is not compatible with placement of a parklet as determined by the City Engineer.

9.180.060 Requirements Applicable to All Parklets.

A. The parklet owner must construct, operate, and maintain the parklet 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 accessibility requirements before issuance of a Parklet License and at any time during the term of a license.

B. A parklet is considered use of public space and not part of the occupancy of the licensed eating and drinking establishment.

C. A parklet must be protected by traffic safety barriers approved by the City Engineer. The traffic safety barrier may be integrated into the parklet design as approved by the City Engineer. The City Engineer is directed to maintain standard specifications for the type and location of approved traffic barriers.

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6 D. A parklet may be used solely for the purpose of serving or consuming food or beverage of the licensed eating and drinking establishment. Adjoining eating and drinking establishments may establish joint or attached parklets.

E. Outdoor cooking facilities are prohibited. Portable heaters and lighting are permitted as approved by the Fire Marshal. Portable gas heaters must have tanks and may not be directly connected to building plumbing systems. Lighting and other electrical equipment must be either solar powered or connected to the building electrical system and not connected to the City street electrical systems. Gas generators are prohibited.

F. Service of alcoholic beverages is permitted as authorized by and subject to the requirements of the license issued by the California Department of Alcoholic Beverage Control to the licensed eating and drinking establishment or as otherwise authorized by state law.

G. A parklet may not exceed 80 inches in width or have sides exceeding 42 inches or posts exceeding 82 inches in height measured from the surface of the right of way. Roofs, overhead structures, and shade canopies are prohibited. Umbrellas are permitted but may not extend beyond the edge of the parklet and must maintain a height clearance of not less than 6 feet 8 inches along pedestrian paths of travel and not exceed a height of 10 feet. The City Engineer may further limit the height and width of a parklet based on site specific safety reasons.

9.180.070 Assumption of Risk and Liability.

A. By placing a parklet, the owner assumes all risk and agrees to defend, indemnify, and hold harmless the City and its officers, employees, and agents from and

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7 against any liability arising from the existence, use, or condition of the parklet or any of its facilities, equipment, or furnishings.

B. The parklet owner must maintain insurance at coverage limits and with conditions thereon determined from time to time by the Risk Manager. The parklet owner must maintain a current certificate of insurance on file with the Risk Manager. The certificate of insurance must be provided to the Public Works Director before approval of a parklet license.

9.180.080 Administration.

A. The Public Works Director is responsible for the administration and enforcement of this Chapter, including the issuance and enforcement of parklet licenses.

The Public Works Director may delegate authority under this Subsection. Reference to the Public Works Director includes reference to any employee to whom the director has delegated authority under this Subsection.

B. The Public Works Director is authorized to promulgate and issue administrative policies for the implementation and administration of this Chapter.

9.180.090 Parklet License Required.

It is unlawful for a person to place or cause to be placed a parklet unless the person has first obtained a parklet license issued by the Public Works Director. It is unlawful for a person to operate and maintain a parklet except in full compliance with the license issued for the parklet.

9.180.100 Parklet License Application.

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8 A. A person considering applying for a parklet license must request a preapplication review of the proposed parklet by the Public Works Department. The request must be submitted on a form provided by the Public Works Director. The request must be accompanied by a pre-application review fee as established by City Council resolution.

Pre-application review is advisory and non-binding.

B. To obtain a parklet license, the owner of an eating and drinking establishment or the owner’s authorized agent must submit an application to the Public Works Director using the application form provided by the director. The application must be complete and include any supporting materials necessary to accurately describe existing conditions and the proposed parklet as required by the Public Works Director, including all information required for design review under Section 9.180.150 and to determine compliance with accessibility requirements under Title 22 of this Code.

Applications and all application materials are public records subject to public review. The application must be accompanied by an application processing fee in an amount established by resolution of the City Council. An application will not be accepted as complete and processed without payment of the application processing fee.

9.180.110 Application Processing and Issuance.

A. The Public Works Director will review a complete application and in consultation with the City Engineer determine if the proposed parklet meets the requirements of Sections 9.180.040, 9.180.050, and 9.180.060. The Public Works Director will deny an application if the Director determines that the proposed parklet does not meet the requirements of Sections 9.180.050 and 9.180.060. The Director will state

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9 the reasons for the denial in writing provided to the applicant. The Director’s decision is final and not subject to further administrative appeal.

B. If the Public Works Director determines that the proposed parklet meets the requirements of Sections 9.180.040, 9.180.050, and 9.180.060, then the Director will refer the application to the Community Development Department for design review; if the proposed parklet does not qualify for administrative design review, the Community Development Department will advise the applicant of the requirement to file an application for design review. The Public Works Director will inform the applicant in writing of the referral. If the parklet is located in the Coastal Zone, the Public Works Director will advise the applicant of the requirement to file an application for a coastal development permit according to Section 9.180.130 and the applicable provisions of Titles 28 and 30.

C. Upon completion of the review under Subsection B, and issuance of a coastal development permit if applicable, the Community Development Director will return the application to the Public Works Director with a report of the terms and conditions established through that review process and by the coastal development permit, if applicable. The Public Works Director may then take final action to approve, conditionally approve, or deny the application and to issue a parklet license subject to all of the terms and conditions established by the review process.

D. A parklet license will be in the form of an agreement, approved by the City Attorney, and executed by the owner of the eating and drinking establishment.

9.180.120 Environmental Review.

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10 Issuance of a parklet license is categorically exempt from CEQA under Section

22.100.70, Subdsections C.1. and C.3. of this Code.

9.180.130 Parklets in the Coastal Zone.

In addition to a parklet license, parklets in the Coastal Zone, as defined in Section

28.44.020 of this Code, are subject to the permitting requirements for development in the Coastal Zone. An application for a coastal development permit may not be submitted until the Public Works Department makes a preliminary determination that a proposed parklet meets the requirements of Sections 9.180.040 and 9.180.050. A parklet license will not be issued until the coastal development permitting process has been completed, including the expiration of any appeal period.

9.180.140 Design Review.

A. Parklets are subject to design review under Section 22.68.090 and Title 30 of this Code.

B. The type and location of the traffic safety barriers for a parklet as required under Section 9.180.060 C are not subject to design review. The design review body may specify coloring, coating, or other aesthetic features of the traffic safety barriers as part of the design review for a parklet. Except as limited by this Subsection, all other aspects of a parklet are subject to design review.

C. The Public Works Director may adopt design guidelines for parklets and for traffic safety barriers. Separate guidelines may be adopted for areas subject to the respective jurisdictions of the Historic Landmarks Commission and the Architectural Board of Review, subject to approval by Historic Landmarks Commission and the

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11 Architectural Board of Review, as applicable. Parklets consistent with the adopted guidelines may be approved by the Community Development Director without full review by the Historic Landmarks Commission or Architectural Board of Review, as applicable.

9.180.150 Annual License Fee.

A parklet owner must pay the annual parklet license fee in the amount established by resolution of the City Council. The parklet license fee is a fee for the use of City property and is not a regulatory or permit processing fee. The annual fee must be paid in advance and no refund will be given for early abandonment or termination of a license.

9.180.160 Parklet License Term and Renewal.

A. A parklet license may have a duration of not less than one or more than five years as determined by the Public Works Director.

B. A parklet license may be renewed upon submission of a renewal application. The Public Works Director may renew a parklet license upon a determination that the license holder has faithfully performed the terms of the license. The renewal term may be up to five years as determined by the Public Works Director. A renewed license may be subsequently renewed. The renewal application must be accompanied by a fee in an amount established by resolution of the City Council.

9.180.170 No Vesting of Rights.

A parklet license is a revocable license and not an easement, lease, or other interest in land. A parklet license does not confer any vested right to continue any activity or use authorized thereunder. Parklets, regardless of the duration of a parklet license or

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12 any renewals, are considered temporary and are subject to removal upon demand of the City.

9.180.180 Abatement.

A. The Public Works Director may immediately remove and dispose of any parklet for which a parklet license has not been issued or for which the parklet license has expired and not been renewed. 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, violation of a term or condition of a parklet license may result in revocation of the license upon written notice by the Public Works Director. A business owner may appeal 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 parklet license or posted on the parklet.

SECTION 2.

A. This section establishes special provisions for parklets established under Ordinance No. 6055 and existing on the date of introduction of this Ordinance.

B. Existing parklets located on a street on which parklets are prohibited by Section 9.180.040 must remove the parklet by January 1, 2024.

B. Subject to compliance with Sections 9.180.040, 9.180.050, and 9.180.060, parklets established under Ordinance No. 6055 and existing on December 20, 2023, may remain after December 31, 2023, subject to all of the following:

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13 1. The parklet owner submits a preliminary review application on a form provided by the Public Works Director not later than December 20, 2023. A parklet owner who has not submitted a preliminary application by December 20, 2023, must remove the parklet by December 31, 2023.

2. The parklet owner applies for a parklet license under the provisions of Chapter 9.180 as adopted by this ordinance no later than April 22, 2024.

3. The parklet is not located on a street on which parklets are prohibited by Section 9.180.040 and further complies with the requirements of Sections 9.180.050, or

9.180.060.

4. Parklets for which a preliminary review application is submitted that do not comply with the requirement for a traffic safety barrier on the date of adoption of this ordinance must be brought into compliance with that requirement no later than March 1, 2024.

5. The parklet owner is issued a parklet license and brings the parklet into compliance with the license no later than December 31, 2024.

6. The parklet owner pays an annual fee as provided in Section 9.180.160 on a monthly basis starting February 1, 2024, while the application is pending.

C. A parklet owner who has submitted a preliminary application but has not submitted an application under Chapter 9.180 by April 22, 2024, must remove the parklet by May 3, 2024.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: Downtown Team Division, Public Works Department
SUBJECT: Monthly Update on State Street Interim Operations RECOMMENDATION:

That Council receive an update on State Street Interim Operations.

DISCUSSION:

On August 29, 2023, Council requested staff to provide monthly updates regarding the State Street Interim Operations. Staff will provide an update on the various directives from Council at this meeting including the following:

1. Reprioritize State Street pressure wash schedule
On November 20, 2023, the pressure washing schedule for State Street was altered to increase the number of weekly pressure-washing days for higher-traffic blocks and reduce the number of cleanings on the lower-traffic blocks. The 600 block through the freeway underpass will be washed twice weekly, the 700 block and pedestrian paseos will be washed once weekly, and the 800 through 1200 blocks will be washed once every other week.

The frequency of janitorial and landscaping services remains unchanged.

2. Introduce shuttle service on State Street
Staff is developing a Request for Proposals (RFP) to select a micro-shuttle operator.

The publication of the RFP is expected by the end of the calendar year. Metropolitan Transit District plans to introduce a full-size circulator shuttle with limited service on Chapala and Anacapa Streets in the summer of 2024.

3. Implement temporary bike lanes on State Street
The City of Santa Barbara’s (City) Traffic Engineer has completed the design of the bike lanes (Attachment). Per Council’s direction, the fire lane space is divided into bike lanes in both directions and a pedestrian lane. The bike lanes are wide enough to accommodate low-speed micro-transit vehicles. Further design will be required to establish micro-transit stops. Installation of the bike lanes is expected after November

23. Staff is working with the Historic Landmarks Commission’s interim operations Agenda Item No. 33
File Code No. 530.04
Council Agenda Report
Monthly Update on State Street Interim Operations
December 5, 2023

working group to select appropriate vertical elements to provide and encourage orderly movement on State Street. Initially, the vertical elements will be piloted on two blocks (1200 and 900), with expansion to other blocks depending on effectiveness.

4. Restore northbound vehicle traffic on the 1200 block of State Street The City created a one-way northbound vehicle lane on the 1200 block of State Street, along with a two-way bike lane. The 1200 block opened to northbound vehicular traffic on November 16.

Additional Safety Improvements
Title 31 authorizes the City Administrator, in consultation with the Fire Marshal and City Traffic Engineer, to maintain or modify the modified traffic patten on the 00 block of West Victoria and the 1300 block of State Street. It also authorizes continuation of outdoor business facilities on those blocks and on the 400 block of State Street. In addition to the above directives from Council, staff recommends two additional safety improvements to roadway configuration under Title 31.

1. Establish fire lane on 00 West Victoria Street
In accordance with Council direction, and on the recommendation of the Fire Marshal and City Traffic Engineer, a 20-foot wide fire lane will be established on the 00 West block of Victoria Street. To establish the fire lane, the three existing outdoor business facilities on this block will need to be modified and reduced in size. Once the fire lane is established, the street will be wide enough to accommodate two-way traffic. Twoway traffic will be re-introduced to improve circulation. Consistent with the recommendation regarding parklets generally, the City Engineer and City Traffic Engineer recommend traffic safety protection around parklets on this block (see Item Number 2 below).

2. Require safety protection around outdoor business facilities adjacent to traffic The City Engineer and City Traffic Engineer recommend traffic safety protection around outdoor business facilities immediately adjacent to moving traffic. This will be discussed as part of the separate Council Agenda Report relating to the adoption of an ordinance to establish a citywide parklet program outside of the State Street Promenade.. Additional amendments may be required to Title 31 to implement this recommendation.

BUDGET/FINANCIAL INFORMATION:

There are no actions proposed for today’s item and thus, no financial/budget impact on the City. However, future recommendations regarding State Street Interim Operations considered by Council will have varying budget implications and most will require a Council-identified funding source to effectuate those recommendations.

ENVIRONMENTAL REVIEW:

Council Agenda Report
Monthly Update on State Street Interim Operations
December 5, 2023

All of the actions discussed in this report are within the scope of the pilot program under Municipal Code Title 31. Section 5 of the ordinance adopting Title 31 contains a specific finding that the program is exempt from the California Environmental Quality Act (CEQA).

Further, these program changes are exempt from CEQA for the following reasons:

Project Components:

1. Reprioritize State Street pressure wash schedule
Per CEQA Guidelines Section 15061(b)(3), the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt under the CEQA common sense exemption. This activity meets the intent of Section 15061(b)(3) as the pressure wash schedule changes at various blocks will in no way have an effect on the environment.

2. Introduce shuttle service on State Street
Per CEQA Guidelines Section 15301 (c) Existing Facilities, this Class 1 exemption consists of the operation of existing public facilities involving negligible or no expansion of use. Subsection (c) exempts the operation of existing streets and transit improvements, such as the shuttle service. This activity meets the criteria of Section 15301 (c) as the introduction of a shuttle service is a transit improvement on existing public facilities and will involve no increase in capacity.

3. Implement temporary bike lanes on State Street
Per CEQA Guidelines Section 15304 (h) Minor Alterations to Land, Class 4 consists of minor public alterations in the condition of land that does not involve the removal of healthy, mature, scenic trees. Subsection (h) exempts the creation of bicycle lanes on existing rights-of-way. This activity meets the criteria of Section 15304 (h) as the implementation of temporary bicycle lane striping on State Street is a minor alteration that has been designed by the City’s Principal Traffic Engineer and will not result in the removal of trees.

4. Restore northbound vehicle traffic on the 1200 block of State Street Per CEQA Guidelines Section 15301 (c) Existing Facilities, this Class 1 exemption consists of the operation of existing public facilities involving negligible or no expansion of use. Subsection (c) exempts the operation of existing streets and transit improvements, such as a drop-off/pick-up zone at the Granada Theatre.

This activity meets the criteria of Section 15301 (c) as the introduction of a dropoff/pick-up zone on existing public facilities will involve no increase in capacity or use.

Per CEQA Guidelines Section 15304 (h) Minor Alterations to Land, Class 4 consists of minor public alterations in the condition of land that does not involve the removal of healthy, mature, scenic trees. Subsection (h) exempts the creation Council Agenda Report
Monthly Update on State Street Interim Operations
December 5, 2023

of bicycle lanes on existing rights-of-way. This activity meets the criteria of Section 15304 (h) as the addition of a two-way bicycle lane is a minor alteration that will not result in the removal of trees.

5. Establish Fire Lane on 00 West Victoria Street
Per CEQA Guidelines Section 15301 (c) Existing Facilities, Class 1 consists of the operation of existing public facilities involving negligible or no expansion of use.

Subsection (c) exempts the operation of existing streets such as establishing a fire lane, which do not create additional automobile lanes. The creation of the fire lane will re-introduce two-way traffic (original configuration) and improve circulation.

This activity meets the criteria of Section 15301 (c) as the establishment of the fire lane and returning to two-way traffic circulation will not create additional automobile lanes.

6. Require Traffic Safety Protection Around Parklets Adjacent to Traffic Per CEQA Guidelines Section 15301 (f) Existing Facilities, Class 1 consists of the minor alteration to existing facilities which does not result in an expansion of use.

Subsection (f) exempts the addition of safety protection devices in conjunction with existing structures, such as the traffic safety protection around parklets adjacent to traffic. This activity meets the criteria of Section 15301 (f) as the addition of traffic safety protection to parklets is a minor alteration to existing facilities that does not result in an expansion of use.

ATTACHMENT: Design of Temporary Bike Lanes on State Street PREPARED BY: Sarah Clark, Downtown Team Manager/nv
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

DESIGN OF TEMPORARY BIKE LANES ON STATE STREET
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SHEET: 1 DA TE: 11 /2023
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TRAFFIC ENGINEERING

STATE ST PROMENADE LAYOUTS
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SHEET: 2 DA TE: 11 /2023
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2 of 10

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STATE ST PROMENADE LAYOUTS
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SHEET: 3 DA TE: 11 /2023
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TRAFFIC ENGINEERING

STATE ST PROMENADE LAYOUTS
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SHEET: 4 DA TE: 11 /2023
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STATE ST PROMENADE LAYOUTS
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SHEET: 7 DA TE: 11 /2023
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SHEET: 8 DA TE: 11 /2023
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SHEET: 10 DA TE: 11 /2023
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ATTACHMENT

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Mayor and Councilmembers
FROM: City Clerk’s Office, City Administrator’s Office
SUBJECT: Appointments to City Advisory Groups
RECOMMENDATION:

That Council make appointments to various City Advisory Groups.

DISCUSSION:

Currently, there are 66 positions available for appointment to various City advisory groups.

On October 24, October 31, and November 7, 2023, the Council interviewed applicants for these positions.

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

The names of applicants failing to appear for an interview are removed from the list of persons eligible for appointment. In addition, the names of applicants who did not verify that they are registered to vote within the City or County of Santa Barbara (depending on the specific requirements of the group that they applied for) by the specified deadline, were also removed. Attached is the final list of applicants eligible for appointment.

The appointments to the advisory groups will be effective January 1, 2024.

ATTACHMENTS: 1. Memorandum from the Santa Barbara Youth Council dated November 13, 2023

2. List of Eligible Applicants
PREPARED BY: Niko Lopez, Deputy City Clerk
SUBMITTED BY: Sarah Gorman, MMC, City Clerk Services Manager APPROVED BY: City Administrator’s Office
Agenda Item No. 34
File Code No. 140.05
City of Santa Barbara
Parks and Recreation Department
Memorandum
DATE: November 13, 2023
TO: Mayor and Councilmembers
FROM: Santa Barbara Youth Council
SUBJECT: Recommendations for Appointment to the Santa Barbara Youth Council - Fall Advisory Board Recruitment Cycle 2023
On March 27, 2012, the City Council approved a resolution formally establishing the Santa Barbara Youth Council as a City Council advisory committee. The resolution stipulated that applicants for vacant positions on the Youth Council would be interviewed by both the Mayor and City Council and the sitting Youth Council board. After which, the Youth Council would submit its recommendations for Council consideration for filling the vacant Youth Council positions as part of the regular semi-annual recruitment and appointment process for City Council boards and commissions.

The Youth Council conducted three sets of interviews on September 25, October 2, and October 16, 2023. On November 6, 2023, Santa Barbara Youth Council Member executive board voted to send the following recommendations to the City Council for vacant Youth Council positions.

Our decision was based on the desire to uphold a diverse board of individuals with proven leadership skills; past participation and experience; and the ability to fulfill the necessary time commitment.

Kavya Suresh (Public at large – County)
Sindy Zavala (Local Private School – County)
Best Regards,
Nicole Morgan
Staff Liaison - Santa Barbara Youth Council
Attachment 1

ATTACHMENT
1 Annual Recruitment 2023

ACCESS ADVISORY COMMITTEE
 Four vacancies.
 Term Expirations:
 All: December 31, 2027
 Qualifications/Category: Members shall be residents of the City during their terms in office. They shall have a demonstrated interest, experience, and commitment to issues pertaining to disability and access. Members may fit into any of the following categories:
 Members from the Disability Community;
 Members from the Architectural/Engineering/Building Community; and  Members of the Public at-large
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Disability Community Michael Rassler
12/8/2020
(3 years) - City resident
James Marston
12/8/2015; 12/12/2017; 12/8/2020
(8 years) - City resident
Susanne Tejada
12/11/2018; 12/8/2020
(5 years) - City resident Architectural/Engineering/Buil ding Community
Elizabeth Sorgman
- City resident
- Current member of Building & Fire
Code Board of Appeals
2 Annual Recruitment 2023

ARCHITECTURAL BOARD OF REVIEW
 Two vacancies.
 Term Expirations:
 December 31, 2027 – Licensed Architect
 Qualifications/Category: Either or both new appointees may be qualified electors of the County and must remain so during their terms on the Board. Members must be licensed architects, or possess professional experience in related fields, incl uding but not limited to, landscape architecture, building design, structural engineering, or industrial design.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Dennis Whelan* 11/12/2019
(4 years) - County resident
Licensed Architect –
City/County (2)
Brian Barnwell*
City Resident (originally applied for
Library Board, but indicated an
interest in Architectural Board of
Review as well.
*Has confirmed that they are a Qualified elector of the City. 3 Annual Recruitment 2023

ARTS ADVISORY COMMITTEE
 Two vacancies.
 Term Expiration: December 31, 2027
 Qualifications/Category: Members may be residents of the South Coast area of Santa Barbara County. Members should be persons who demonstrate an interest in and commitment to cultural and arts activities.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Margie Yahyavi* 12/09/2014; 12/8/2015; 11/12/2019
(9 years) - City resident
City/County Resident (2) Kim Cochran* - City resident
Chryss Yost* - City resident
*Has confirmed that they are a Qualified elector of the City.

BUILDING AND FIRE CODE BOARD OF APPEALS – no applicants CITIZENS’ OVERSIGHT COMMITTEE – no applicants
4 Annual Recruitment 2023

CIVIL SERVICE COMMISSION
 Three vacancies.
 Term Expirations:
 December 31, 2027
 Qualifications/Categories: Qualified elector of the City.  Appointee may not hold any full-time paid office or employment in City government, and for one year after ceasing to be a member, shall not be eligible for any salaried office or employment with the City.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Alan Kasehagen*
11/25/2003; 12/18/2007;
12/13/2011; 12/8/2015; 11/12/2019
(20 years)
- City resident
Qualified Elector of the City
(3)
Donna Lewis*
6/28/2005; 12/18/2007; 12/13/2011;
12/8/2015; 11/12/2019
(18 years)
- City resident
*Has confirmed that they are a Qualified elector of the City. 5 Annual Recruitment 2023

COMMUNITY DEVELOPMENT AND HUMAN SERVICES COMMITTEE
 Six vacancies.
 Term Expirations:
 December 31, 2024 (Downtown Area Neighborhood);
 June 30, 2026 (Business Community); and
 December 31, 2027 (Human Services Organization; Latino Community; Westside/Lower Westside Neighborhood; Youth Oriented Services Organization).
 Qualifications/Category: Members must be residents or employees of the designated organizations/neighborhoods, and be qualified electors of the County.
 Business Community;
 Downtown Area Neighborhood;
 Human Services Organization;
 Latino Community;
 Westside/Lower Westside Neighborhood; and
 Youth Oriented Services Organization
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Business Community (1)
Downtown Area Neighborhood
(1)
Human Services Organization
(1)
CONTINUED ON THE NEXT PAGE.
6 Annual Recruitment 2023
COMMUNITY DEVELOPMENT AND HUMAN SERVICES COMMITTEE (cont’d)  Six vacancies.
 Term Expirations:
 December 31, 2024 (Downtown Area Neighborhood);
 June 30, 2026 (Business Community); and
 December 31, 2027 (Human Services Organization; Latino Community; Westside/Lower Westside Neighborhood; Youth Oriented Services Organization).
 Qualifications/Category: Members must be residents or employees of the designated organizations/neighborhoods, and be qualified electors of the County.
 Business Community;
 Downtown Area Neighborhood;
 Human Services Organization;
 Latino Community;
 Westside/Lower Westside Neighborhood; and
 Youth Oriented Services Organization
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Latino Community (1)
Westside/Lower Westside
Neighborhood (1)
Jenna Hamilton-Rolle** 11/12/2019
(4 years) - County resident
Youth Oriented Services
Organization (1)
**Has confirmed that they are a Qualified elector of the County. 7 Annual Recruitment 2023

COMMUNITY EVENTS AND FESTIVALS COMMITTEE
 Four vacancies.
 Term Expiration: December 31, 2027
 Qualifications/Category: Members must represent one of the following categories:
 Business/Lodging/Retail Industry; and
 Cultural Arts.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)
APPLICANT Incumbent
Appt. Dates
(Years Served)
Notes
Business/Lodging/Retail
Industry (3) Antoinette Chartier 11/12/2019
(4 years) - County resident
Cultural Arts (1)
8 Annual Recruitment 2023

CREEKS ADVISORY COMMITTEE
 Four vacancies.
 Term Expiration: December 31, 2027
 Qualifications/Category: Up to two appointees may be non-City residents. Members must meet the following categories:
 Member from the Hotel/Lodging Industry; and
 Members with some experience in ocean use, business, environmental issues, and/or provide community at large representation.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Hotel/Lodging Industry
Representative (1)
Chris Cline 12/7/2021
(2 years) - City resident
Stephanie Moret 6/27/2023
(6 months)
- City resident
- Environmental/Land Use/Ocean
Use Category
City/non-City Resident (3)
Lee Heller
12/7/2021
(2 years)
- City resident
- Environmental Land
Use/Business/Community Issues
Category
9 Annual Recruitment 2023

DOWNTOWN PARKING COMMITTEE
 Two vacancies.
 Term Expiration: December 31, 2027
 Qualifications/Categories: Residents of the City or of the County. All members shall demonstrate an interest in, and knowledge of, downtown parking issues.
 Appointee may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
City/County Resident (2) Andrew Newkirk
6/26/2018; 11/12/2019
(5 years, 6 months) - City resident
10 Annual Recruitment 2023

HARBOR COMMISSION
 Two vacancies.
 Term Expiration: December 31, 2027
 Qualifications/Categories: Qualified elector of the City; one member may be a qualified elector of the County.  Appointee may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Jaime Diamond** - County resident
Merit McCrea* 6/28/2016; 11/12/2019
(7 years, 6 months) - City resident
Michael Nelson*
11/12/2019
(4 years) - City resident
Amber Noelle* - City resident
Qualified Elector of the
City/County (2)
Richard Smalldon* - City resident
*Has confirmed that they are a Qualified elector of the City. ** Has confirmed that they are a Qualified elector of the County. 11 Annual Recruitment 2023

HISTORIC LANDMARKS COMMISSION
 One vacancy.
 Term Expiration: December 31, 2027
 Qualifications/Categories: All members shall have demonstrated interest in and knowledge of the history and architecture of the City. Appointee may be a qualified elector of the City or a non-City resident representing one of the following categories:
 Licensed Architect;
 Professional Architectural Historian;
 Licensed Landscape Architect; or
 Public at large.
 Appointee may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Michael Drury*
7/1/2008; 12/13/2011; 12/8/2015;
11/12/2019
(15 years, 5, months)
- City resident
- Public at large category
Stephanie Farmer* - County resident
- Public at large category
Licensed Architect;
Professional Architectural
Historian; Licensed
Landscape Architect; or
Public at Large (1) Sophia Rasura* - City resident
- Public at large category
*Has confirmed that they are a Qualified elector of the City. 12 Annual Recruitment 2023

HOUSING AUTHORITY COMMISSION
 One vacancy.
 Term Expiration: August 6, 2027
 Qualifications/Category: Members should have some interest and background in housing development, management, or other comparable experience. Member may be a non-City resident representing the public at large.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Public at Large (1) David Rowell
6/18/2019
(4 years, 6 months) - County resident
13 Annual Recruitment 2023

LIBRARY BOARD
 One vacancy.
 Term Expiration: December 31, 2027
 Qualifications/Categories: Qualified elector of the City.  Appointee may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Leslie Dinaberg*
12/8/2020
(3 years) - City resident Qualified Elector of the City (1)
Brian Barnwell* - City resident
*Has confirmed that they are a Qualified elector of the City.

LIVING WAGE ADVISORY COMMITTEE – no applicants
NEIGHBORHOOD ADVISORY COUNCIL – no eligible applicants
14 Annual Recruitment 2023

PARKS AND RECREATION COMMISSION
 One vacancy.
 Term Expiration:
 June 30, 2024 (Youth Intern*); and
 December 31, 2027 (Qualified Elector)
 Qualifications/Categories: Members of the Commission must be qualified electors of the City.  *Youth Intern: One youth intern who is not a member of the Commission and is a high school student volunteer who resides within the Santa Barbara High School District or attends other high schools within the City limits and is nominated by the principal of the student’s high school. The student shall be either in their junior or senior year of high school and shall be and remain a student in good standing as is determined by the high school. A student that graduates shall not serve for more than three (3) months following graduation.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Youth Intern (1)
Qualified Elector of the City (1) Jacob Lesner-Buxton* 6/28/2016; 11/12/2019 (7 years, 6 months) - City resident
*Has confirmed that they are a Qualified elector of the City. 15 Annual Recruitment 2023

PLANNING COMMISSION
 Two vacancies.
 Term Expiration: December 31, 2027
 Qualifications/Categories: Qualified electors of the City.  Appointee may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Donald DeLuccio* 1/31/2023
(11 months) - City resident
Fred Sweeney* - City resident Qualified Elector of the City (2)
Brian Barnwell*
- City Resident (originally applied
for Library Board, but indicated an
interest in Planning Commission
as well.
*Has confirmed that they are a Qualified elector of the City. 16 Annual Recruitment 2023

RENTAL HOUSING MEDIATION BOARD
 Nine vacancies.
 Term Expiration: December 31, 2027
 Qualifications/Categories Two appointees must be City residents; remaining appointees may be City or County residents. Non-City residents must reside in a jurisdiction which contracts with the Rental Housing Mediation Program for services (currently Goleta and Carpinteria). All appointees must also meet one of the following qualifications:
 Landlord Mediator who owns or manages residential properties for consideration or compensation, whether single or multiple units;
 Tenant Mediator who rents or leases a dwelling with no ownership of residential properties; and  Homeowner Mediator who owns and resides in a single-family residence with no ownership of other residential properties.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
John Beardsmore 6/28/2022
(1 years, 6 months) - City resident Landlord Mediator
(4) Teresa Patino 6/28/2022
(1 years, 6 months) - City Resident
Marilyn Loperfido 11/12/2019
(4 years) - City Resident
Tenant Mediator (4)
Cathy Murillo - City Resident
Homeowner
Mediator (1) Leesa Beck
11/12/2019; 12/11/2012; 6/28/2011; Prior
Service (2007 – 2011)
(16 years)
- County Resident
17 Annual Recruitment 2023

SANTA BARBARA YOUTH COUNCIL
 Four vacancies.
 Term Expirations:
 June 30, 2024
 Qualifications/Categories: Members must be between the ages of 13-19 years. Appointees may be residents of the County or City.

Appointees must also meet one of the following categories:
 One member must be a student attending a Local Private School or independent studies;  Two members from a local alternative, community, or continuation high school; or  One member representing the Public at Large.
 Note: All applicants also fit the category of Public at Large.  Applicants must appear for an interview before the Santa Barbara Youth Council and City Council.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Eloise Lowther-Phillips - County resident
- Laguna Blanca student Local Private High
School/Independent Studies
(1) Sindy Zavala - County resident
- Bishop Diego student
Local Alternative, Community,
or Continuation High School
(2)
Kavya Suresh - County resident; SMHS student Public at Large (1) Parikshit Mehta - County resident; DPHS student SISTER CITIES BOARD – no qualified applicants.
18 Annual Recruitment 2023

WATER COMMISSION
 Three vacancies.
 Term Expiration: December 31, 2027
 Qualifications/Category: Members must be qualified electors of the City; one member may be a qualified elector of the County.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Arturo Keller* 6/26/2018; 11/12/2019
(5 years, 6 months) - City resident Qualified Elector of the City/County (3)
Jeffrey Young* 11/12/2019
(4 years, 1 month) - City resident
*Has confirmed that they are a Qualified elector of the City.