Resident urges public art and creek-restoration near Garden Street Hotel during Santa Barbara City Council special meeting

A member of the public urged the Santa Barbara City Council on Oct. 14 to expand public art in the Funk Zone and to remove city-owned storage and fencing from a portion of Laguna Creek that the commenter said currently encroaches on a 50-foot coastal buffer. The comment came during public comment at a special meeting called to convene a closed session on existing litigation.

The comment was delivered by Mark Chatello, who identified himself as representing the organization Keep the Funk and addressed the council about the Garden Street Hotel and related site conditions. "I am representing the organization Keep the Funk ... concerning the Garden Street Hotel," Chatello said, and described having shared correspondence with the city's attorney and with sustainability staff about potential solutions. "We think that it's particularly important that there be opportunities for public art in public places in the Funk Zone," he said.

Chatello also asked the council to require the public works department to move a fence and storage containers that he said are encroaching into the 50-foot setback required under the local coastal program. "In the coastal zone, zoning ordinance in the LCP require that all development be set 50 feet back from the top of the bank. Currently, that's not the case from development that's been in place for some time," he said, and described ecological benefits from restoring the edge of Laguna Creek for birds, wildlife and the Western pond turtle.

The meeting convened for a closed session on an agenda item described as "conference with city attorney, existing litigation, Government Code section 54956.9(d)(1)." After Chatello finished, Mayor Rouse closed public comment and announced the council would adjourn to closed session and that the council did not anticipate a report out. "We will adjourn to closed session. We do not anticipate a report out," Mayor Rouse said.

A council member raised a procedural concern after the comment, asking whether it was appropriate for a party currently in litigation with the city to make public comment on matters related to that litigation. The speaker said he had not received the correspondence Chatello mentioned and said he would expect such communications to go to the city attorney. A member of city staff (identified in the transcript as speaking through the mayor) said the speaker had the right to make public comment and that the council would address related matters in closed session.

No formal council action or vote related to the Garden Street Hotel, the Funk Zone public art proposals, or Laguna Creek was taken at the meeting; the council went into closed session on the litigation item and did not announce any decisions in open session.

The comment referenced communications between Chatello and city staff, including the city attorney and the sustainability department, and mentioned a person named Hagmark as someone Chatello attempted to contact. Chatello said he had provided correspondence to the city but did not specify dates or provide copies during the public comment period. The sustainability department or the public works department did not provide a public response on the record during the meeting other than the staff clarification about the right to comment and the plan to address litigation in closed session.

The council's special meeting was brief; after closing public comment the body recessed for closed session and planned to reconvene later for the regular session at 2:00 p.m. The council did not take public action on the issues raised during the comment, nor did the transcript record any staff commitments or deadlines for addressing the creek setback or storage removal during the open portion of the meeting.