CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Alejandra Gutierrez
Mayor Pro Tempore
Rebecca Bjork
City Administrator
Oscar Gutierrez
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Eric Friedman
Finance Committee Chair
Meagan Harmon
Mike Jordan
Kristen W. Sneddon
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
DECEMBER 12, 2023, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.
Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 p.m. 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.
REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. The keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.
HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_6qBzhd1OQ_iNFgvfSw-R0Q (Participation via Zoom)
Telephone: Dial 1-669-900-6833, Enter Webinar ID: 859 7587 0615 (press *9 to raise/lower hand; press *6 to mute/unmute) Online Streaming: Council meetings are streamed live at www.SantaBarbaraCA.gov/CAP TV: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 8:00 a.m., and in Spanish on Sundays at 3:00 p.m.
Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings.
WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.
ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:00 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chambers at City Hall. (CONTINUED ON NEXT PAGE)
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.
CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.
SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.
AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 12/12/2023 Santa Barbara City Council Final Agenda Page 1 DECEMBER 12, 2023 AGENDA
SPECIAL ORDINANCE COMMITTEE MEETING IN THE COUNCIL CHAMBER - 11:30 A.M.
1. Subject: Local Housing Trust Fund (120.03)
Recommendation: That Ordinance Committee consider an ordinance adopting a Local Housing Trust Fund and forward the ordinance to the City Council for introduction and adoption.
2. Subject: Continued Deliberation of Tenant Protection Ordinance (120.03) Recommendation: That Ordinance Committee consider and forward to City Council, for introduction and subsequent adoption, an Ordinance of the Council of the City of Santa Barbara amending the Santa Barbara Municipal Code by amending Sections 26.50.010, 26.50.040, 26.50.060, and 26.50.070 relating to Just Cause Eviction; by adding Section 26.50.055 to provide a Tenant Right of First Refusal to Re-rent following a No-Fault Just Cause Eviction; by adding Section 26.50.075 relating to Occupancy following a Substantial Remodel, and by adding Chapter 26.60 relating to Protection of Tenants from Harassment.
REGULAR CITY COUNCIL MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Recognition of Alice San Andres-Calleja, Publisher/Editor of the Mesa Paper (120.04)
CHANGES TO THE AGENDA
CONSENT CALENDAR
2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes for the special meetings of October 17, 2023 and October 24, 2023; and the regular 12/12/2023 Santa Barbara City Council Final Agenda Page 2 meetings of October 17, 2023, October 24, 2023, October 31, 2023, and November 7, 2023.
3. Subject: Lease Amendment with Captain’s Cove, LLC DBA The Anchor Rose Lounge, Located at 113 Harbor Way [Ordinance Adoption; Agreement] (330.04)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Waterfront Director to Execute the Amendment to Lease Agreement No. 28,360 with Captain’s Cove, LLC, Deferring Three Months Base Rent with Lease Terms Ending December 31, 2025, Commencing Upon the Effective Date of the Enabling Ordinance.
4. Subject: Loan to Transition House for $1,284,850 for Acquisition of Property Located at 712 West Anapamu Street [Ordinance Adoption] Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Loan Agreement with Transition House in the Amount of $1,284,850 for Acquisition of the Real Property Located at 712 West Anapamu Street to Be Used for Transitional Housing, to Be Secured by a Deed of Trust and a 90-Year Affordability Control Covenant Imposed on Real Property and Authorizing the Community Development Director to Execute Such Agreements, Subject to Approval as to Form by the City Attorney, as Necessary.
5. Subject: Specific Plan (SP11-CHC) and General Plan Amendment for 3237 State Street [Ordinance Adoption] (650.05)
Recommendation: That Council:
A. 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. 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.
6. Subject: Adoption of Ordinance Authorizing and Regulating Parklets for Outdoor Dining in the Public Right of Way [Ordinance Adoption] (530.04) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by the Addition of Chapter 9.180 Relating to Parklets in the Public Right of Way.
7. Subject: Adoption of Ordinance Prohibiting Heavy Vehicles on Portions of Alisos Streets and Sola Street [Ordinance Adoption]
12/12/2023 Santa Barbara City Council Final Agenda Page 3 Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 10.60 of the Santa Barbara Municipal Code by Revising Section
10.60.040 and Prohibiting Heavy Vehicles on Portions of Alisos Street and Sola Street.
8. Subject: Adoption of Ordinance Approving the 2023-2025 Treatment Plants’ and Patrol Officers’ Memorandum of Understanding [Ordinance Adoption] (440.02)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2023-2025 Memorandum of Understanding Between the City of Santa Barbara and the Patrol Officers' and Treatment Plants' Bargaining Units (TAP UNITS).
9. Subject: Adoption of Ordinance Approving the 2022-2025 Fire Management Association Bargaining Unit Memorandum of Understanding [Ordinance Adoption] (440.02)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2022-2025 Memorandum of Understanding Between the City of Santa Barbara and the Santa Barbara Fire Management Association.
10. Subject: Increase the City Administrator’s Contracting Authority and Increase the Competitive Threshold for the Purchase of Goods and Services [Ordinance Introduction; Resolution] (340.02)
Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the City Administrator to Bind the City for the Acquisition of Certain Items Up to an Amount of $100,000 and Rescinding Resolution No. 14-065; and
B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Santa Barbara Municipal Code Sections 4.52.060 and 4.52.070 to Update Monetary Thresholds and Adding Section 4.52.072 to Authorize Best Value Competitive Contracting for Goods and Services.
11. Subject: Corrected Submittal of Documents Supporting the Approval of Amendments to the Records Retention Policy Held by the Human Resources Department [Resolution] (160.06)
12/12/2023 Santa Barbara City Council Final Agenda Page 4 Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving a Revised Records Retention Schedule, Authorization to Destroy Applicable Records Pursuant to that Schedule, and Rescinding Resolution No.16-005.
12. Subject: Waterfront Department Declaring the Vessel “Falcon” as Abandoned Property Pursuant to Harbors and Navigation Code Section 522 [Resolution] (570.03)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring the Vessel “Falcon” as Abandoned Property Pursuant to Harbors and Navigation Code Section 522.
13. Subject: Removal of Art Commission Fee from the Library’s Fiscal Year 2024 Fees and Fines Schedule [Resolution] (570.04)
Recommendation: That Council:
A. Approve the removal of the Art Commission fee from the Library’s Fiscal Year 2024 Fees and Fines Schedule; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Approve a Decrease in Appropriations in Fiscal Year 2024 in the Amount of $10,000 for the Removal of the Art Commission Fee; and Directing the City Clerk to Remove a Fee in Resolution 23-079 Adopted on June 13, 2023, Which Became Effective on July 1, 2023, or as Provided Therein, and Amend the City of Santa Barbara Schedule of Penalties, Fees, and Service Charges.
14. Subject: Bequest from the Richard A. Baum and Melanie L. Lansing Revocable Trust to the City of Santa Barbara for Exclusive Use and Benefit of the Library Department [Resolution] (570.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076 Adopting the Budget for Fiscal Year 2024, Increasing Revenue and Expenditure Appropriation in Fiscal Year 2024 in the Amount of $3,297.62 in the Library Miscellaneous Trust Fund, and Accept the Bequest from the Richard A. Baum and Melanie L. Lansing Revocable Trust to the Santa Barbara Public Library.
15. Subject: Downtown Organization Annual Assessment Report for 2023 and Intention to Levy [Resolution] (290.00)
Recommendation: That Council:
12/12/2023 Santa Barbara City Council Final Agenda Page 5 A. Approve the Downtown and Old Town Business Improvement District Annual Assessment Report for 2024; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring Council’s Intention to Levy Downtown Business Improvement District and Old Town Business Improvement District Assessment Rates for 2024, at a Public Hearing to be Held on January 23, 2024, at 2:00 p.m.
16. Subject: Contract Amendment for Right-of-Way Acquisition Services for the De La Vina Street Bridge Replacement Project [Resolution; Agreement] (530.04)
Recommendation: That Council:
A. Authorize the Public Works Director to execute the Fourth Amendment to Contract No. 26,915 with Hamner, Jewell & Associates in the amount of $51,429 for right-of-way acquisition services for the De La Vina Bridge Replacement Project, and authorize the Public Works Director to approve expenditures of up to $7,500 for extra services of Hamner, Jewell & Associates that may result from necessary changes in the scope of work, for a total expenditure authority of $271,712; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Appropriate Additional Grant Funds for the De La Vina Street Bridge Replacement Project.
17. Subject: Fiscal Year 2024 Interim Financial Statements for the Four Months Ended October 31, 2023 (250.02)
Recommendation: That Council accept the Fiscal Year 2024 Interim Financial Statements for the four months ended October 31, 2023.
18. Subject: Water Service Line Inventory for Compliance with the Lead and Copper Rule Revisions [Agreement] (540.01)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with 120Water, Inc., in an amount not to exceed $206,450 for services to develop an inventory of public and private water service line materials as required by the United States Environmental Protection Agency’s Lead and Copper Rule Revisions.
19. Subject: Fiscal Year 2024 Agreement with People Assisting the Homeless (PATH) for Operation of a Homeless Shelter and Related Services [Agreement] (660.01)
12/12/2023 Santa Barbara City Council Final Agenda Page 6 Recommendation: That Council authorize the Community Development Director to execute a funding agreement amendment in the amount of $202,100 with People Assisting the Homeless (PATH) for the operation of a homeless shelter and related services.
20. Subject: Contract Amendment for the Facilities Evaluation and Exit Testing Services for the Charles E. Meyer Desalination Plant [Agreement] (540.1) Recommendation: That Council authorize the Public Works Director to execute the Second Contract Amendment with GHD, Inc., for additional Facilities Evaluation and Exit Testing Services for the Charles E. Meyer Desalination Plant, Contract No. 28,181, in the amount of $79,198, for a total expenditure authority of $428,463.
21. Subject: Agreement with R3 Consulting Group, Inc. for a Five-Year Solid Waste Rate Study [Agreement] (630.02)
Recommendation: That Council authorize the Sustainability and Resilience Director to execute a Professional Services Agreement with R3 Consulting Group, Inc. for consulting services on a five-year solid waste rate study in the amount of $64,500 and approve expenditures of up to an additional $6,450 for extra services that may result from necessary changes in the scope of work, for a total not-toexceed amount of $70,950.
22. Subject: Contract Amendment for Additional Archaeology Administrative Services for the De La Guerra Plaza Revitalization Project [Agreement] (530.01)
Recommendation: That Council authorize the Public Works Director to execute the Third Contract Amendment with Applied EarthWorks, Inc., for additional archaeology administrative services for the De La Guerra Plaza Revitalization Project, Contract No. 26,366, in the amount of $5,003, for a total not to exceed dollar amount of $91,461.
23. Subject: Waterfront Department License Agreement with Santa Barbara Fuel Dock, Incorporated, to Operate the Commercial Ice Machine [Agreement] (330.04)
Recommendation: That Council approve a five-year license agreement with Santa Barbara Fuel Dock, Incorporated, a California Corporation, to operate the ice machine facility in Santa Barbara Harbor, also known as the Ice House.
24. Subject: Independent Financial Statement Audit Services Agreement Extension [Agreement] (210.01)
12/12/2023 Santa Barbara City Council Final Agenda Page 7 Recommendation: That Council approve and authorize the Finance Director to execute an extension of the existing Professional Services Agreement for three years with CliftonLarsonAllen, LLP (CLA), to perform an independent financial statement audit of the City of Santa Barbara for fiscal years ending June 30, 2024, June 30, 2025, and June 30, 2026 for a total not-to-exceed amount of $776,555.
25. Subject: Self-Insured Workers' Compensation Program Annual Report (350.08)
Recommendation: That Council receive the annual Self-Insured Workers’ Compensation Program Annual Report for the Year Ended June 30, 2023.
26. Subject: Sole Source Purchase Order for Santa Barbara Office Interiors to Furnish the Lower Level Library Staff Workspace Renovation Project (570.04)
Recommendation: That Council authorize the Library Director to execute a sole source Purchase Order to Santa Barbara Office Interiors in the amount of $68,984.39 for purchase, delivery, and placement of office furniture.
27. Subject: Purchase Order for FE Technologies Library Self-Check V5 Units (570.04)
Recommendation: That Council find it in the City’s best interest to follow the formal bid procedure and authorize the Library Director to execute a Purchase Order to FE Technologies in the amount of $59,549.70 for purchase, delivery, and installation of eight V5 self-check units.
28. Subject: Santa Barbara Airport Title VI Plan Assuring Adequate Access and Language Availability for Airport Customers (560.01)
Recommendation: That Council review and adopt the Santa Barbara Airport Title VI Plan for 2024-2027 and authorize the Airport Director to make minor changes as necessary.
REPORT FROM THE ORDINANCE COMMITTEE
PUBLIC COMMENT
PULLED CONSENT ITEMS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
FINANCE DEPARTMENT
12/12/2023 Santa Barbara City Council Final Agenda Page 8
29. Subject: Measure C Annual Accountability Report Fiscal Year (FY) 2023 and Funding Priorities [Resolution] (210.01)
Recommendation: That Council:
A. Accept the Measure C Annual Accountability Report for the Fiscal Year Ended June 30, 2023; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing Priorities for the Expenditure of Revenue from the Santa Barbara Critical Infrastructure and Essential Community Services Measure, and Rescinding Resolution 18-011.
PUBLIC HEARING
30. Subject: Adoption of the 2023–2031 Housing Element [Resolution] (650.06) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the 2023–2031 Housing Element with Proposed Revisions as an Amendment to the General Plan and Determining That the Housing Element Amendment Is Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3).
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT