CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Kelly McAdoo
City Administrator
Mike Jordan
Mayor Pro Tempore
Mike Jordan
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Alejandra Gutierrez
Finance Committee Chair
Eric Friedman
Oscar Gutierrez
Meagan Harmon
Kristen W. Sneddon
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
TUESDAY, JUNE 25, 2024, 12:30 PM
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS, CITY HALL, 735 ANACAPA STREET
IN-PERSON PUBLIC COMMENT: Any person wishing to address the City Council 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. 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_1IeCKn4dQQSAjWoCrwEYgA • Telephone: Dial 1-669-900-6833, Enter Webinar ID: 886 7413 3131 (press *9 to raise/lower hand; press *6 to mute/unmute)
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.
PUBLIC COMMENT LIMITED TO SPECIAL MEETING TOPICS: Public comment on matters not listed on the agenda will not occur at the beginning of the meeting because this is a special meeting.
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.
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. 06/25/2024 Santa Barbara City Special Meeting Agenda Page 1 TUESDAY, JUNE 25, 2024, 12:30 PM
SPECIAL COUNCIL MEETING AGENDA
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION
1. Subject: Conference with City Attorney--Anticipated Litigation -- Gov. Code § 54956.9(d)(2) and (e)(3) (160.03)
Recommendation: That Council hold a closed session to consider significant exposure to litigation (one potential case) pursuant to Government Code Sections 54956.9(d)(2) & (e)(3) and take appropriate action as needed.
Scheduling: Duration: 30 minutes; anytime
Report: None anticipated
PUBLIC COMMENT ON ITEMS LISTED ON THE AGENDA
ADJOURNMENT
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: June 25, 2024
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
SUBJECT: Conference with City Attorney--Anticipated Litigation -- Gov. Code § 54956.9(d)(2) and (e)(3)
RECOMMENDATION:
That Council hold a closed session to consider significant exposure to litigation (one potential case) pursuant to Government Code Sections 54956.9(d)(2) & (e)(3) and take appropriate action as needed. See attached threat of litigation.
Scheduling: Duration: 30 minutes; anytime
Report: None anticipated
PREPARED BY: Tava Ostrenger, Assistant City Attorney
SUBMITTED BY: Sarah J, Knecht, City Attorney
APPROVED BY: City Administrator's Office
Agenda Item No. 1
File Code No. 160.03
From: SoCal Industrial Equities
To: Barbara Burkhart
Cc: Richard Jacobs
Subject: Re: Application Incomplete - Record ID #PLN2024-00181 - 1609 & 1615 GRAND AVE Date: Thursday, June 20, 2024 1:15:05 PM
Ms. Burkhart,
Thank you for your letter.
I want to address some specific charges in Section VI. Section VI shows required fees for a General Plan Amendment and Zoning Map/Ordinance Amendment totalling approximately $30,000.
As this is a Builder's Remedy project, these fees are illegal for at least two reasons.
1. Builder's Remedy projects are governed by Government Code Section 65589.5. As per the Code, if the municipality's Housing Element was out of compliance at the time the SB330 Preliminary Application was submitted, the rights vest in the project as a Builder's Remedy project. Part of those rights is that the developer is not bound by the applicable Zoning for the parcel. As such, requiring a General Plan Amendment and/or Zoning Map/Ordinance Amendment runs contrary to the Builder's Remedy law. The California Department of Housing and Community Development has already issued technical advisory letters stating that if a project is denied for failure to do either of those items, then the municipality is in violation of the Housing Accountability Act. As such, there is no basis to demand the payment of such fees.
2. Builder's Remedy projects also are allow to avoid fees and processes that make the project "infeasible." By insisting upon an illegal process with significant fees attached, as well as the associated delays from the illegal processes, the municipality also violates the Housing Accountability Act by enforcing the fees.
Please confirm in writing that the fee requirements are withdrawn by Monday, June 24, 2024 or I will have to have Richard (cc:ed on this email) file for an emergency writ.
Thanks.
Ben
On Fri, May 31, 2024 at 1:55 PM Barbara Burkhart <[email protected]> wrote:
Hello Mr. Eilenberg,
This is regarding your project at 1609 & 1615 Grand Avenue (PLN2024-00181). Please review the attached Planning Application Response Letter.
All best,
ATTACHMENT
Barbara
Barbara Burkhart
Project Planner
CITY OF SANTA BARBARA, Community Development
(805) 560-7587 | [email protected]
SantaBarbaraCA.gov