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Minutes, regular meeting

Santa Barbara City Council
March 5, 2024

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Minutes, regular meeting
Meeting
March 5, 2024
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Santa Barbara City Council
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Text extracted from the city's file for reading and search. Open the original on docs.santabarbaraca.gov. That file is the official record.

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CITY OF SANTA BARBARA

CITY COUNCIL INUTES

REGULAR MEETING
MARCH 5, 2024
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p. m. (The Finance Committee and Ordinance Committee, which ordinarily meet at 12:00 p. m., did not meet this day.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (2:08 p. m.), Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.

Councilmembers absent: None.

Staff present: Assistant City Administrator Rene Eyerly, Interim City Administrator Sarah Knecht, Acting City Attorney Tava Ostrenger, Deputy City Clerk Norma Welche.

CEREMONIAL ITEMS

1. Subject: Divorce with Respect Week, March 4-8, 2024 (120.04) Action: Proclamation presented by Mayor Randy Rowse and received by John Duffy.

2. Subject: Employee Recognition - Service Award Pins (120.04) Recommendation: That Council authorize the City Administrator to express the City's appreciation to employees who are eligible to receive service award pins for their years of service through March 31, 2024.

Action: Assistant City Administrator Rene Eyerly read the names of the recipients of the Service Award Pins and expressed her gratitude to them. 03/05/2024 Santa Barbara City Council Minutes Page 1 of 9

CHANGES TO THE AGENDA
Interim City Administrator Sarah Knecht announced that the following item will not be heard at this meeting.

3. Subject: Corrected Headers in Table 30.20.030.B and Corrected Section Number 30. 25.030 in Title 30 of the Santa Barbara Municipal Code Pertaining to the Average Unit-Size Density Incentive Program [Ordinance Adoption] (660. 01)
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 to Correct Clerical Errors in the Headers in Table 30.20.030. B and Section Number

30. 25. 030 Pertaining to the Average Unit-Size Density Incentive Program.

CONSENT CALENDAR (Item Nos. 4-11)
The titles of the Ordinances and Resolutions were read
Motion:

Vote:

Councilmembers Harmon/Friedman to approve the Consent Calendar as recommended.

Unanimous roll call vote.

Subject: Rescission of the Prohibition of Natural Gas in New Construction [Ordinance Adoption] (640. 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 Repealing Chapter 22. 110 Prohibiting Natural Gas Infrastructure in New Buildings.

Action: Approved the recommendation; Ordinance No. 6144.

Subject: Proposed Assignment of Lease Agreement No. 28,360 - Anchor Rose Lounge, Located Downstairs at 113 Harbor Way [Ordinance Introduction; Agreement] (570. 03)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute the Consent to Assignment of Lease Agreement No. 28,360, Formerly Known as Agreement No. 27,073, with Captain's Cove LLC Transferring 51% of Ms. Amy Rose's Capital Interest to Mr. Bryan Deminie for the Anchor Rose Lounge, Located Downstairs at 113 Harbor Way, Commencing Upon the Effective Date of the Enabling Ordinance.
03/05/2024 Santa Barbara City Council Minutes Page 2 of 9

8. Action: Approved the recommendation (March 5, 2024 report from the Waterfront Director; proposed Ordinance).

Subject: Proposed Assignment of Lease Agreement No. 28, 361 - Anchor Rose Restaurant, Located Upstairs at 113 Harbor Way [Ordinance Introduction; Agreement] (570.03)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute the Consent to Assignment of Lease Agreement No. 28,361, Formerly Known as Agreement No. 23,328, with Captain's Cove LLC Transferring 51% of Ms. Amy Rose's Capital Interest to Mr. Bryan Deminie for the Anchor Rose Restaurant, Located Upstairs at 113 Harbor Way, Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation (March 5, 2024 report from the Waterfront Director; proposed Ordinance).

Subject: Lease Amendment with Steams Wharf Company, DBA Moby Dick Restaurant, Located at 220 Steams Wharf [Ordinance Introduction; Agreement] (570.03)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Waterfront Director to Execute the Amendment to Lease Agreement No. 15,309, Formerly Known as Agreement No. 10,356 with Steams Wharf Company, DBA Moby Dick Restaurant, Deferring Three Months Base Rent with Lease Terms Ending December 31, 2030, Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation (March 5, 2024 report from the Waterfront Director; proposed Ordinance).

Subject: Update Reimbursement Resolution for State Revolving Fund Loan Agreement for the Braemar Lift Station Rehabilitation Project [Resolution] (540. 06)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Supplementing Resolution No. 20-086 Declaring its Official Intent to Reimburse Capital Expenditures Paid Prior to the Approval of an Amendment by the State Water Resources Control Board of a Clean Water State Revolving Fund Installment Agreement for the Braemar Lift Station Rehabilitation Project.

Action: Approved the recommendation; Resolution No. 24-014 (March 5, 2024 report from the Public Works Director; proposed Resolution). 03/05/2024 Santa Barbara City Council Minutes Page 3 of 9

9. Subject: Second Amendment to Professional Services Agreement for the Evaluation of Proposed Development at Paseo Nuevo [Resolution; Agreement] (620. 06)
Recommendation: That Council:

A. Authorize the Community Development Director to execute the second amendment to increase the amount of Santa Barbara City Agreement No. 22300248 with Strategic Economics, Inc., by $170, 040, for a total contract amount of $263, 571, to provide consulting services for the evaluation of proposed development at Paseo Nuevo, including assessing the economics of the development proposal as described in revised scope of services attached to the Second Amendment; 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, for Professional Services for the Evaluation of Proposed Development at Paseo Nuevo.

Action: Approved the recommendations; Resolution No. 24-015; Agreement No. 28,438. 1 (March 5, 2024 report from the City Attorney; proposed Resolution).

10. Subject: Proposed Amendment to Lease Agreement with the National Oceanic and Atmospheric Administration [Agreement] (570.03) Recommendation: That Council approve a third amendment to the original Lease Agreement No. LCA03165, with the National Oceanic and Atmospheric Administration for the 2, 160 square feet of water space at 4-B-End Tie for mooring the 65-foot research vessel, Shearwater, allowing for a new five-year lease option.

Action: Approved the recommendation; Agreement No. 28,487 (March 5, 2024 report from the Waterfront Director).

11. Subject: Recruitment for City Advisory Groups (140. 02) Recommendation:

A. The City Clerk's Office will accept applications through Friday, April 5, 2024, at 5:00 p. m. to fill scheduled vacancies on various City Advisory Groups and the unscheduled vacancies resulting from resignations received in the City Clerk's Office through Wednesday, March 20, 2024, at 5:00 p. m.; B. The City Council will conduct in-person interviews of applicants for vacancies on various City Advisory Groups on Tuesday, April 23, 2024, at 4:00 p.m. (Estimated Time), Tuesday, April 30, 2024, at 6:00 p. m. 03/05/2024 Santa Barbara City Council Minutes Page 4 of 9 c.
(Estimated Time), and Tuesday, May 7, 2024, at 3:00 p.m. (Estimated Time); and
The City Council will make appointments to fill the vacancies on various City Advisory Groups on Tuesday, June 11, 2024.

Action: Approved the recommendations.

PUBLIC COMMENT
Members of the Public: Luis Cervantes; Cole Cervantes; Ed St George; Aron Ashland; Rex Yuden; Alex Perez; Fred Leuchter; Molly Cogner.

PULLED CONSENT ITEMS
None.

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember 0. Gutierrez reported on their attendance at the following events or made the following comments: Santa Barbara Youth Council meeting.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PARKS AND RECREATION DEPARTMENT

12. Subject: Proposed Municipal Code Amendments Pertaining to Safe Firearm Storage in the City of Santa Barbara [Ordinance Introduction] (570.08) 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 Adding Chapter 9.35 Regarding Safe Storage of Firearms.

The title of the Ordinance was read.

Documents:

March 5, 2024, report from the Parks and Recreation Department Director
Proposed Ordinance
Powerpoint presentation prepared and made by staff.
03/05/2024 Santa Barbara City Council Minutes Page 5 of 9 Speakers:

Staff: Nicole Morgan; Police Chief Gordon.

Santa Barbara Youth Council: Tiago Eckstein; Amelia Vander May Members of the Public: Kendall Pata; Jenny Schatzle; Megan Palmer; Libertad Kaddatz.

Motion:

Vote:

Councilmembers 0. Gutierrez/Sneddon to approve the recommended action.

Unanimous roll call vote.

CITY ATTORNEY

13. Subject: Paseo Nuevo Redevelopment [Resolution; Agreement] (620. 06) Recommendation: That Council:

A. Authorize the City Administrator to execute a Project Agreement for redevelopment of the Paseo Nuevo Shopping Center substantially as presented in the agenda packet and subject to approval as to form by the City Attorney; and
B Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring Designated Parcels of City-Owned Property to be Exempt Surplus Land Pursuant to Subparagraph (J) of Paragraph (1) of Subdivision (f) of California Government Code Section 54221 - Paseo Nuevo.

The title of the Resolution was read.

Documents:

March 5, 2024, report from the City Attorney
Proposed Resolution
Powerpoint presentation prepared and made by staff
Speakers:

Staff: Assistant Attorney Dan Hentschke; Acting City Attorney Tava Ostrenger.

Strategic Economics Maxima Group: Dena Belzer; Pat Flynn.

Members of the Public: Frederick Janka; Dalia Garcia; Dianne Black; Rob Fredericks; Fred Sweeney; Alex Perez; Steve Johnson; Alex Gravenor; Linda Honikman; Anna Marie Gott; Brittany Zajic. 03/05/2024 Santa Barbara City Council Minutes Page 6 of 9 Motion:

Vote:

Councilmembers Jordan/A. Gutierrez to approve the staff recommendations; Resolution No. 24-016; Agreement No. 28,488.

Unanimous roll call vote.

RECESS
5:11 p. m. -5:26 p. m.

CITY ADMINISTRATOR

14. Subject: Legislative Update to City Council (160.02) Recommendation: That Council hear a presentation related to current state legislation and provide feedback on City Council Policy direction.

Documents:

March 5, 2024, report from the City Administrator
Powerpoint presentation prepared and made by Townsend Public Affairs.

Speakers:

Staff: Senior Assistant to the City Administrator Barbara Andersen.

Townsend Public Affairs: Carly Shelby; Eric O'Donnell.

Members of the Public: None.

Discussion: Councilmembers' questions were answered.

FINANCE DEPARTMENT

15. Subject: Fiscal Year 2024 Second-Quarter Review [Resolution] (230. 04) Recommendation: That Council:

A. Receive a report from staff on the status of revenues and expenditures in relation to budget for the three months ended December 31 , 2023; B. Accept the Fiscal Year (FY) 2024 Interim Financial Statements for the six months ended December 31, 2023;
C. Approve proposed Second Quarter (Q2) adjustments to FY2024 revenue and expenditure appropriations as detailed in the attached schedule of Proposed Q2 adjustments; and
03/05/2024 Santa Barbara City Council Minutes Page 7 of 9 D. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending the Position Salary Control Resolution No. 23- 081, for Fiscal Year 2024, the Human Resources Department Requests Council Approval for the following Adjustments, Including the Following Position Changes, and the Corresponding Salary Document Updates.

The title of the Resolution was read.

Documents:

March 5, 2024, report from the Finance Director
Powerpoint presentation prepared and made by staff
Proposed Resolution
Speakers:

Staff: Keith DeMartini; Nathalie Lecolley.

Members of the Public: None.

Motion: \
Councilmembers / to approve the staff recommendations; Resolution No. 24-017.

Vote:

Unanimous roll call vote.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS
Councilmember 0. Gutierrez reported on their attendance at the following events or made the following comments: 1. Downtown Breakfast Annual Award Ceremony; 2.

Latino City Council Caucus; 3. Neighborhood Walk; 4. Housing Crisis Committee meetings; 5. McKinley Reading Awards; 6. LEAP Awards; 7. Youth Making Change Grant Award Ceremony; 8. Santa Barbara Youth Council meeting; 9. Stated that we don't condone the type of language that was expressed during the earlier public comment section and encourages for this type of comments to be sent via email or voicemail instead of during public comment at the meeting.

Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Stated that he also does not condone hateful comments and explained how the Council looks for direction from legal counsel on how to deal with these types of situations; 2. CALM Organization; 3. Sustainability Committee; 4. Zoom meeting hosted by Supervisor Capps; 5. Appointed to Pierre Claeyssens Veterans Foundation Board of Directors.

Mayor Rowse reported on their attendance at the following events or made the following comments: 1. National Swamp with SBCAG; 2. Airport Plane Pull. 03/05/2024 Santa Barbara City Council Minutes Page 8 of 9

PUBLIC COMMENT (IF NECESSARY)
Member of the Public: Anastasia Shakhidzhanova.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 6:22 p. m.

Approved and adopted by the City Council of the City of Santa Barbara on June 1 1, 2024.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
ATTEST
RAN
MAYOR

SE SARAH GORMAN

CITY CLERK SERVICES MANAGER
03/05/2024 Santa Barbara City Council Minutes Page 9 of 9 This page is intentionally left blank

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