Agenda packet, regular meeting — Santa Barbara City Council, April 12, 2022 (part 1 of 2)

CITY OF SANTA BARBARA

CITY COUNCIL
Randy Rowse
Mayor
Rebecca Bjork
City Administrator
Meagan Harmon
Mayor Pro Tempore
Kristen W. Sneddon
Ordinance Committee Chair
Ariel Pierre Calonne
City Attorney
Eric Friedman
Finance Committee Chair
Alejandra Gutierrez
Oscar Gutierrez
Mike Jordan
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
APRIL 12, 2022, 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 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. They 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_BHXU9bk1SWq0ntGHplRq0Q (Participation via Zoom)
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 948 7481 3299 (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 9:00 a.m., and in Spanish on Sundays at 4:00 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 12:30 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chamber 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. 04/12/2022 Santa Barbara City Council Final Agenda Page 1 APRIL 12, 2022 AGENDA

ORDER OF BUSINESS
12:00 p.m. -Special Ordinance Committee Meeting, Council Chamber; participation in person or via Zoom; instructions below
• Web: (Participation via Zoom)
Please complete the Zoom registration questions stating which item you wish to speak on.
https://santabarbaracagov.zoom.us/webinar/register/WN_CSDhRPpETFuzfPTJ_WB5lA • Webinar ID: 834 6595 9170
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 834 6595 9170
2:00 p.m. - City Council Meeting; public comment in person or via Zoom platform; Instructions on Page 1
SPECIAL ORDINANCE COMMITTEE MEETING - 12:00 P.M. IN THE COUNCIL CHAMBER (120.03)
Subject: An Ordinance To Amend The Municipal Code To Allow For Electronic Bidding And Bidder Prequalification (120.03) Recommendation: That the Ordinance Committee consider proposed amendments to Municipal Code Chapter 4.52 pertaining to electronic bidding and bidding prequalification and forward the ordinance to City Council for introduction and adoption.
04/12/2022 Santa Barbara City Council Final Agenda Page 2 REGULAR CITY COUNCIL MEETING – 2:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL ITEMS

1. Subject: National Public Safety Telecommunicators Week April 10-16, 2022

2. Subject: National Poetry Month - April 2022

3. 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 April 30, 2022.

CHANGES TO THE AGENDA

PUBLIC COMMENT

CONSENT CALENDAR

4. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meetings of April 20, 2021; April 27, 2021; May 4, 2021; May 11, 2021; May 18, 2021; October 12, 2021; March 15, 2022 and the minutes of the special meetings of April 27, 2021; May 3, 2021; May 5, 2021; May 7, 2021; May 10, 2021; May 18, 2021; May 19, 2021; June 9, 2021; June 21, 2021; October 12, 2021; March 10, 2022; and March 15, 2022.

5. Subject: Adoption Of Ordinance Approving The 2021-2023 TAP Memorandum Of Understanding (440.02)
Recommendation: That Council adopt the Memorandum of Understanding between the City and the Service Employees' International Union, Local 620, Airport and Harbor Patrol Officers' and Treatment Plants' Bargaining Units, for the period of October 1, 2021 through September 30, 2023, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Adopting the 2021-2023 Memorandum of Understanding Between the City of Santa Barbara and the Patrol Officers' and Treatment Plants' Bargaining Units (TAP Units). 04/12/2022 Santa Barbara City Council Final Agenda Page 3

6. Subject: Introduction Of An Ordinance Adopting An Equipment Use Policy Per Assembly Bill 481 (520.04)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting a Military Equipment Use Policy for the Santa Barbara Police Department.

7. Subject: Adoption Of A Resolution Authorizing The Allocation Of The City’s Share Of Transportation Development Act Funds For Bicycle And Pedestrian Projects (530.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Filing of a Claim with the Santa Barbara County Association of Governments for Allocation of $98,892 in Transportation Development Act Funds for Fiscal Year 2023.

8. Subject: Adoption Of Resolution Regarding Appropriations For Best Interest Waiver With Venco Power Sweeping Inc. For Commercial Street Sweeping (530.04)
Recommendation: That Council:

A. Find it in the City’s best interest to waive the formal bid process as authorized by Municipal Code Section 4.52.070(L) – Best Interest Waiver, and authorize the General Services Manager to issue a purchase order to Venco Power Sweeping Inc., as the City’s commercial street sweeping vendor for the duration of the bid contract term; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, to Provide Additional Appropriations for Commercial Street Sweeping.
04/12/2022 Santa Barbara City Council Final Agenda Page 4

9. Subject: Professional Services Agreements With Hiltachk Marketing Group For Marketing Of Commercial Air Services At Santa Barbara Airport (330.04) Recommendation: That Council:

A. Authorize the Airport Interim Director to amend Professional Services Agreement 25,939 with Hiltachk Marketing Group to increase the contract amount by $50,000 for a not to exceed amount of $420,000; B. Authorize the Airport Interim Director to enter into an one year Professional Services Agreement with Hiltachk Marketing Group in for an amount not to exceed $150,000 commencing on July 1, 2022; and
C. Approve an increase in FY 2022 appropriations in the Airport Operating Fund in the amount of $200,000, funded from reserves, for the services of Hiltachk Marketing Group.

10. Subject: Approval Of Agreement With R3 Consulting Group, Inc. To Conduct A Competitive Procurement Process For Franchise Solid Waste Collection Services (630.01)
Recommendation: That Council authorize the Sustainability and Resilience Director to execute a Professional Services Agreement with R3 Consulting Group, Inc. for consulting services in the amount of $149,550 and approve expenditures of up to $14,955 for extra services that may result from necessary changes in the scope of work.

11. Subject: First Amendment To Agreement With The National Association Of Civilian Oversight Of Law Enforcement (NACOLE) (520.01) Recommendation: That Council:

A. Approve and authorize the City Administrator to execute an amendment to the agreement (Professional Services Agreement #22100254) with NACOLE increasing the contract amount by $20,000, for a total not to exceed $55,000.

B. Appropriate $20,000 of General Fund Reserves.
04/12/2022 Santa Barbara City Council Final Agenda Page 5

12. Subject: Amendment To Increase The Contract Design Services For The El Estero Water Resource Center Chlorine Contact Chamber Rehabilitation Project (540.13)
Recommendation: That Council authorize the Public Works Director to execute Amendment No. 1 to City Professional Services Agreement No. 26,887 with Stantec Consulting Services, Inc., for design services for the El Estero Water Resource Center Chlorine Contact Chamber Rehabilitation Project, in the amount of $34,350, for a total contract expenditure authority of $214,173.

13. Subject: Reallocation Of Returned Community Development Block Grant Funding To Other Eligible Projects (610.05)
Recommendation: That Council:

A. Approve reallocation of $71,167 in Community Development Block Grant (CDBG) funds from Program Year 2021;
B. Authorize the Community Development Director to execute an Amendment to Agreement No. 26,973 with the Parks and Recreation Department increasing the CDBG grant by $21,167; and
C. Authorize the Community Development Director to execute an Amendment to Agreement No. 26,712 with Transition House increasing the CDBG grant by $50,000.

14. Subject: Designation Of Proposed Development At 540 W. Pueblo Street (Cancer Center Of Santa Barbara) As A Community Benefit Project (610.01) Recommendation: That Council designate the proposed project at 540 W. Pueblo Street as a Community Benefit Project pursuant to Santa Barbara Municipal Code Chapter 30.170 and allocate 1,614 square feet (net) of nonresidential floor area to the project from the Nonresidential Growth Management Program’s Community Benefit Category.
04/12/2022 Santa Barbara City Council Final Agenda Page 6

15. Subject: Recruitment For City Advisory Groups (640.01) Recommendation: That Council:

A. Authorize and direct the City Clerk’s Office to accept applications through Monday, May 9, 2022, 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 Thursday, April 21, 2022;
B. Direct scheduling of City Council interviews of applicants for vacancies on various City Advisory Groups on Tuesday, May 24, 2022, at 4:00 p.m. (Estimated Time), Tuesday, June 7, 2022, at 4:00 p.m. (Estimated Time), and Tuesday, June 14, 2022, at 6:00 p.m. (Estimated Time); and C. Direct scheduling of City Council appointments to fill the vacancies on various City Advisory Groups on Tuesday, June 28, 2022.

16. Subject: Set A Date For Public Hearing Regarding Single Family Design Board’s Project Design Approval For 1460 La Cima Rd (640.07) Recommendation: That Council:

A. Set the date of May 24, 2022, at 2:00 p.m. for hearing the appeal filed by Beth Collins of the Single Family Design Board’s Project Design Approval of a 1,987 square foot single-story residence and construction of a new 742 square foot, two-car garage, with a 611 square foot Accessory Dwelling Unit (ADU) above; and
B. Set the date of May 23, 2022, at 1:30 p.m. for a site visit to the property located at 1460 La Cima Rd.

This concludes the Consent Calendar.

REPORT FROM THE ORDINANCE COMMITTEE

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
04/12/2022 Santa Barbara City Council Final Agenda Page 7

CITY ATTORNEY

17. Subject: Introduction Of An Ordinance Approving The Electoral Redistricting Map Referred By The Independent Redistricting Commission (110.03) Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Uncodified Ordinance of the Council of the City of Santa Barbara Approving the 2020 Census Electoral District Map as Referred by the Independent Redistricting Commission Pursuant to City Charter Section 1301.

COMMUNITY DEVELOPMENT DEPARTMENT

18. Subject: Update On Efforts To Address Homelessness And Its Related Impacts In The City Of Santa Barbara (660.04)
Recommendation: That Council receive an update on the City’s and partnering agencies’ actions to address homelessness.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE MEETING

SPECIAL MEETING AGENDA
DATE: April 12, 2022 Kristen W. Sneddon, Chair
TIME: 12:00 p.m. Oscar Gutierrez
PLACE: Council Chambers Mike Jordan
Office of the City Office of the City
Administrator Attorney
Nicole Grisanti Ariel Pierre Calonne
Supervisor, City Administrator’s Office City Attorney
Members of the public may participate in person or via Zoom. Zoom instructions are below.  Web: (Participation via Zoom)
Registration Link
Register in advance for this webinar:
https://santabarbaraca-gov.zoom.us/webinar/register/WN_CSDhRPpETFuzfPTJ_WB5lA Webinar
ID: 834 6595 9170
After registering, you will receive a confirmation email containing information about joining the webinar.

Telephone: Dial 1-669-900-6833, Enter Webinar ID: 834 6595 9170  (press *9 to raise/lower hand; press *6 to mute/unmute) 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. When persons are called on to speak, their microphone will be activated by City staff and the speaker will be notified that they can now unmute themselves in order to begin speaking. The speaker will then need to unmute themselves by selecting the ‘mute/unmute’ icon or pressing Option+Y for MAC users or Alt+Y for Windows users on their keyboard.

For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the ZOOM session, please contact the City Administrator’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 the item on which they wish to speak.

File Code No. 120.03
Ordinance Committee Agenda
April 12, 2022

Page 2 ends

ITEMS FOR CONSIDERATION
SUBJECT: An Ordinance To Amend The Municipal Code To Allow For Electronic Bidding And Bidder Prequalification
RECOMMENDATION:

That the Ordinance Committee consider proposed amendments to Municipal Code Chapter 4.52 pertaining to electronic bidding and bidding prequalification and forward the ordinance to City Council for introduction and adoption.

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: April 12, 2022
TO: Ordinance Committee
FROM: City Administrator
SUBJECT: An Ordinance To Amend The Municipal Code To Allow For Electronic Bidding And Bidder Prequalification
RECOMMENDATION:

That the Ordinance Committee consider proposed amendments to Municipal Code Chapter 4.52 pertaining to electronic bidding and bidder prequalification and forward the ordinance to City Council for introduction and adoption.

DISCUSSION:

The Santa Barbara Municipal Code Chapter 4.52 establishes the City’s purchasing system and procurement processes and procedures. The proposed ordinance makes clean-up and technical amendments to Sections 4.52.050, 4.52.070, 4.52.160, and

4.52.165 primarily related to the City’s use of an electronic bidding platform. The use of electronic bidding has become a standard forum for the solicitation and receipt of bids and responses to requests for proposals and increases the pool of prospective contractors and competitive bidding. The proposed ordinance also adds Section 4.52.210 to authorize the use of bidder prequalification for major Public Works projects.

Prequalification is particularly helpful for major projects because it allows the bidder’s responsibility and qualifications to perform work to be determined before submission of bids.

City Charter Section 519 and Municipal Code Chapter 4.52 require that Public Works contracts be awarded to the lowest responsible bidder who submits a responsive bid. In most cases, the determination of bidder responsibility is done after the submission of bids.

Because responsibility relates to bidder qualification, the law requires that the bidder be given notice and an opportunity to be heard before the bidder is determined to be not responsible. This can result in substantial delays in awarding a contract. On the other hand, bids that are not responsive can be summarily rejected. The recommended addition of Section 4.52.210, will allow for the establishment of procedures for the prequalification of bidders for Public Works projects. Authority to establish the procedures would be delegated to the Public Works Director for construction contracts subject to Charter Section 519 and to the Purchasing Agent for Public Works maintenance and repair File Code No. 120.03
Ordinance Committee Agenda Report
An Ordinance To Amend The Municipal Code To Allow For Electronic Bidding And Bidder Prequalification
April 12, 2022

Page 2 ends

contracts. Section 4.52.210 would require that a prequalification notice inviting prequalification information from prospective bidders to be publicly advertised in the same manner as invitations for bids. This assures that all prospective bidders are given the opportunity to prequalify. The Section also establishes a hearing process consistent with due process for prospective bidders to contest a negative prequalification determination.

Under proposed Section 4.52.210 a prequalification determination may take into account:
 The bidder’s experience in performing work similar to what will be called for under the contract documents;
 The experience of others having contracted with a prospective bidder on similar projects;
 A bidder’s physical plant, facilities, and equipment proposed to employ in the performance of the work;
 The experience and expertise of a bidder’s responsible managing personnel, key staff members, and other employees who would be assigned to the work;
 The bidder’s financial capability, capability to procure appropriate insurance and bonding, and resources to perform the proposed work;  Other factors bearing on the responsibility of a prospective bidder that is specified in the prequalification notice.

Staff anticipates that prequalification would be used only for larger projects, such as the construction of the new police facility.

The recommended amendments to 4.52.070, 4.52.160, and 4.52.165 are intended to update the contract bidding process to expressly include the use of electronic bidding and to provide that notices of the bid can be given electronically and through other broad advertising methods. This notice would be added to the publication in a newspaper of general circulation as required by Section 519 of the City Charter. Sections 4.52.055,

5.42.160, and 4.52.165 also contain technical and clean-up amendments.

BUDGET/FINANCIAL INFORMATION:

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

ATTACHMENT: Draft Amendments to Chapter 4.52 of the Municipal Code PREPARED BY: Ashleigh A. Shue, P.E., Interim City Engineer/LY/sk William Hornung, General Services Manager
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director Keith DeMartini, Finance Director
APPROVED BY: City Administrator’s Office

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FROM CURRRENT CODE 04/12/22
1 ORDINANCE NO. ________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE MUNICIPAL CODE
BY AMENDING SECTIONS 4.52.055, 4.52.070, 4.52.160,

4.52.165 RELATING TO BIDDING AND BY ADDING
SECTION 4.52.210 RELATING TO PREQUALIFICATION

OF BIDDERS

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

SECTION 1. Section 4.52.055 of Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended to read as follows:

4.52.055 Exceptions to Competitive Bidding.

A. The following purchases of equipment, supplies, and services are exempt from the competitive bidding requirements specified in Section 4.52.060 or 4.52.070 of this Chapter to the extent such purchases are within the budget approved by the City Council. The City Administrator is authorized to negotiate and contract for such equipment, supplies, and services within the scope of appropriations approved by the City Council without complying with the competitive bidding requirements of Section 4.52.060 or 4.52.070 as provided in this Section.subject to the conditions as specified below:

B. This Section applies to the following categories of purchases:

1.A. Purchases of a Advertising services (print, television, radio, internet, etc.); upon a showing that the proposed services are a cost effective means of reaching the targeted audience.
2B. Software licenses, technical support, and maintenance renewals; where the software has been shown to have continuing value to the operation of the City organization.

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2 3C. Housing and furniture rental for police department cadets;. 4D. Subscriptions, periodicals, dues, and memberships;. 5E. Conferences, trainings, and seminars;.
6F. Postage;.
7G. Purchases from other government entities or public utilities;.

H. Emergencies. See Sections 4.52.080 and 4.52.085 below. 8I. Rental or leasing of facilities;.
9J. Real property/real estate purchases;.

10. Temporary employment services, including hiring of temporary employees.

C. The City Administrator may delegate in writing the authority under this Section.

SECTION 2. Section 4.52.070 of Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended to read as follows:

4.52.070 Formal Contract Procedures (Purchases Greater than $75,000.00).

A. REQUISITION. Purchases of supplies via Purchase Orders or Blanket Purchase Orders, general services, and equipment, of a value greater than $75,000.00 shall be made pursuant to this Section, except as otherwise authorized by this Chapter.

All departments of the City shall submit requests for equipment, supplies, and general services to the Purchasing Agent by standard City requisition forms.

B. NOTICE INVITING BIDS. The Purchasing Agent shall issue a notice inviting bids that includes a general description of the articles to be purchased or the services sought, states where the bid forms and specifications may be secured, and

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3 announces the time and place for opening bids.

1. Published Notice. Notices inviting bids shall be shall be published at least 10 working days before the date of opening of bids. Notices shall be published at least once in a newspaper of general circulation, published in the City of Santa Barbara.publicly advertised not less than 14 days before the date of opening of bids by at least one of the following methods:
a. Publication at least once in a newspaper of general circulation published in the City;
b. Publication in an electronic bidding system established by the Purchasing Agent;
c. Distribution in such other manner determined by the
Purchasing Agent to be appropriate under the circumstances.

2. Upon advertisement as provided in Paragraph 1, All Nnotices inviting bids or a link to the notices shall be publicly accessible posted to through a link posted on the City’s webpage.

3. Bidders’ List. The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the City’s bidders’ list or who have requested their names to be added thereto.

C. BIDDERS’ SECURITY. When deemed necessary by the Purchasing Agent, bidders’ security may be required. Bidders shall be entitled to a return of bid security upon execution of the contract or upon the re-advertisement for bids, provided that the successful bidder shall forfeit his or her bid security upon refusal or failure to

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4 execute the contract within 10 days after notice of contract has been deposited in the United States mail. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest responsible bidder, the bidder first awarded the contract shall forfeit only the portion of his or her security which is equal to the difference between his or her bid and the bid of the next lowest responsible bidder. If the next lowest responsible bidder is awarded the contract, he or she shall forfeit his or her bid security if he or she fails or refuses to execute the contract.

D. BID OPENING PROCEDURE. Bids may be submitted in physical form or electronically through an electronic bidding platform established by the Purchasing Agent, as specified in the notice inviting bids. Physical bBids shall be submitted to the Purchasing Agent in a manner that conceals the bid until the time of opening of all bids. sealed envelope and shall be identified as “bid” on the envelope. Bids submitted electronically shall be identified as “bid” in the subject line of the e-mail or by other conspicuous method. Bids shall be opened at a location open to the public at the time and place stated on the notice inviting bids or as may otherwise be announced to all bidders. A tabulation of all bids received shall be open for public inspection during regular City business hours for a period of not less than 30 calendar days after the bid opening.

The manner of submission and the time and location of bid opening shall be stated in the notice inviting bids.

E. REJECTION OF BIDS. In its discretion, the City Council may reject any and all bids presented and re-advertise for bids pursuant to the procedure described herein. In cases where the Purchasing Agent is authorized to award a contract, the

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5 Purchasing Agent may, in his or her discretion, reject any and all bids presented and readvertise for bids pursuant to the procedure described herein.

F. AWARD OF CONTRACTS. Contracts shall be awarded by the City Council to the lowest responsible bidder who submits a bid responsive to the specifications except as otherwise provided herein.

G. AWARD OF CONTRACTS BY PURCHASING AGENT. The Purchasing Agent is authorized to award contracts to the lowest responsible bidder when the City Council has approved a Departmental budget that includes funds specifically for the purchase of the item(s) and the amount of the award is not more than the budgeted amount.

H. TIE BIDS. If two or more bids received are for the same total amount or unit price, quality, service and delivery being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Council shall award a contract: after negotiation with the bidders who were tied at the time of the bid opening; giving preference the local bidder (maintains a business within the City limits); or by lottery when tied bidders are not local or all are local.

I. NO BIDS RECEIVED. If no bids are received within 10 days of the publication of the notice inviting bids or such other time specified in the notice inviting bids for the receipt of bids, the Purchasing Agent may either publish a new notice inviting bids or solicit bids without further publication.

J. PERFORMANCE SECURITY. The Purchasing Agent shall have the authority to require a performance security before entering into a contract in such amount as he or she shall find reasonably necessary to protect the best interests of the City. If

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6 the Purchasing Agent requires a performance security, the form and amount of the security shall be described in the terms, conditions or general provisions of bid documents.

K. SOLE SOURCE PURCHASES. Purchases of goods or services which can be obtained from only one source may be made by the Purchasing Agent without advertising and after a determination by the City Council that the goods or services are only available from one source and approval of the purchase by the City Council.

L. BEST INTEREST WAIVER. The City Council may authorize purchase of equipment, supplies, and general services without complying with the above procedures when, in the opinion of the Council, compliance with the procedure is not in the best interest of the City.

M. ENCUMBRANCE OF FUNDS. Except in cases of emergency, the Purchasing Agent shall not issue any purchase order for equipment, supplies, or services for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged.

SECTION 3. Section 4.52.160 of Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended to read as follows:

4.52.160 Public Works Contracts – Prevailing Wage.

A. COMPLIANCE WITH THE CHARTER. Bidding and advertising and award of contracts for public works, excluding maintenance and repair, shall be as required by Section 519 of the City Charter.

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7 AB. PREVAILING WAGES REQUIRED IN COMPLIANCE WITH SB 7. The state prevailing wage law requires contractors on public works projects to be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed. Under California Constitution Article XI, Section 5, the laws of chartered cities supersede state law with respect to municipal affairs of the City. The City of Santa Barbara is a chartered city duly organized and validly existing under the laws of the State of California, and thus the City may exempt itself from prevailing wage requirements. California Senate Bill No. 7 (“SB 7”), approved October 13, 2013, Labor Code § 1782 provides that the state has limited financial resources and resolves only to extend financial assistance to construction projects of those chartered cities that require compliance with the prevailing wage law on all their municipal construction projects.

Effective January 1, 2015, unless the contract was advertised for bid prior to that date, Under Labor Code § 1782, chartered cities are additionally disqualified from receiving financial assistance under SB 7 if the Ccity has awarded, within the prior two years, a public works contract without requiring the contractor to comply with prevailing wage requirements. Chartered cities that have charter provisions exempting C city projects from prevailing wage requirements may adopt a local prevailing wage ordinance with requirements equal to or greater than state prevailing wage law in order to avoid disqualification. Since approximately 1990, the City has generally required prevailing wages to be paid on capital improvement projects. Compliance with SB 7Labor Code § 1782, however, requires the adoption of an ordinance and the payment of prevailing wages beyond capital improvement projects to include maintenance and repair work, as described in the Labor Code. Notwithstanding the City’s constitutional right to exempt

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8 locally funded projects from prevailing wage, the City Council finds that the City’s financial interests are best served by complying with California’s prevailing wage law. as delineated in SB 7.

BC. Prevailing wages shall be paid on all public works contracts in accordance with the Labor Code unless otherwise exempted by Labor Code Section§ 1782 (SB 7).

CD. The provisions of this Chapter do not restrict the City from receiving or using state funding or financial assistance awarded prior to January 1, 2015, or from receiving or using state funding or financial assistance to complete a contract awarded prior to January 1, 2015. Further, this Chapter does not disqualify or amend any contracts awarded prior to January 1, 2015.

DE. If SB 7 Labor Code § 1782 is, for any reason, is held to be invalid or inapplicable to charter cities by any court of competent jurisdiction or is otherwise repealed, this chapter Section shall automatically sunset and be of no further effect immediately thereafter.

SECTION 4. Section 4.52.165 of Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended to read as follows:

4.52.165 Public Works Contracts - Bidding.

A. Bidding and advertising and award of contracts for public works, excluding maintenance and repair, shall be as required by Section 519 of the City CharterThe Public Works Director may promulgate procedures and requirements for notice, submission, and protest of bids consistent with Section 519 of the City Charter, including use of electronic bidding. Notice of bids may be given in any manner, determined by the Public Works

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9 Director to be appropriate under the circumstances, in addition to notice by publication as required by Section 519.

B. Section 519 of the City Charter provides that certain Contracts for construction of water-related projects may be exempted from the requirements of Section 519 by the affirmative vote of a majority of the total members of the City Council as provided in this Subsection.

1. The City Council may determine by resolution that such a project may be solicited and contracted for using alternate project delivery methods, including, but not limited to, design-build, and design-build-operate, or competitive negotiation. Any such resolution shall set forth the reasons supporting the use of the alternate project delivery method for the project and describe the solicitation method to be used and the criteria for determining the party to whom the contract should be awarded. The Council may also authorize the reimbursement of the costs of proposers in participating in solicitations for such projects.

2. The selection process shall, to the extent feasible, be fair and open, encourage creative and innovative solutions, and ensure that the City receives the best value possible. During the selection process, the City may meet individually with potential proposers prior to submission of proposals in order to encourage creative solutions. Such meetings shall be tape may be recorded and the recording shall be made available as a public record upon request after final contract award.

SECTION 5. Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended by adding Section 4.52.210 which read as follows:

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10 Section 4.52.210 Public Works Contracts – Prequalification.

A. The Public Works Director may establish a contracting procedure for a public work contract requiring competitive bidding under Section 519 of the City Charter that includes a process for prequalification of potential contractors or subcontractors, or both contractors and subcontractors.

B. The Purchasing Agent may establish a contracting procedure for a public work contract requiring competitive bidding under Section 4.52.070 of this Chapter that includes a process for prequalification of potential contractors or subcontractors, or both contractors and subcontractors.

C. As used in this Section, the term prospective bidder means a contractor or subcontractor responding to a prequalification notice. The term Director means the Public Works Director for prequalification procedures under Subsection A, and the Purchasing Agent for prequalification procedures under Subsection B.

D. A prequalification notice inviting prequalification information may invite prospective bidders to submit information that will permit the Director to determine in advance of advertising of a notice inviting bids that a prospective contractor is responsible to perform a proposed contract or that a prospective subcontractor is responsible to perform specified kinds of work. A prequalification notice may include minimum qualification requirements.

E. A. prequalification notice shall be advertised in the manner prescribed for the proposed contract and may be advertised in any manner, including posting on the City’s website or electronic procurement system as determined appropriate by the Director. When bids will be considered only from bidders determined to be prequalified,

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11 the notice inviting bids shall state that only prequalified bidders are eligible to submit a bid.

F. The responsibility of each prospective bidder will be based on the bidder’s response to the prequalification notice. Bidding shall be restricted to bidders determined by the Director to be responsible. When a prequalification notice includes subcontractors, the performance of subcontracts shall be restricted to subcontractors determined by the Director to be responsible. In determining responsibility, the Director may consider:

1. The prospective bidder’s experience in the design, construction, fabrication, assembly, or manufacture of works or materials similar to what will be called for under the contract documents;

2. The experience of others having contracted with the prospective bidder in the construction, fabrication, assembly, or operation of similar works or materials designed, constructed, fabricated, or assembled by the prospective bidder;

3. The physical plant, facilities, and equipment the prospective bidder proposes to employ in the performance of a proposed contract or subcontract;

4. The experience and expertise of a prospective bidder’s responsible managing personnel, key staff members, and other employees who would be assigned to the work if the prospective bidder were awarded the contract or subcontract;

5. The financial capability, capability to procure appropriate insurance and bonding, and resources of the prospective bidder to perform the proposed contract or subcontract.

6. Any other factor bearing on the responsibility of a prospective bidder that is specified in the prequalification notice.

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12 G. If the Director determines a prospective bidder to be not responsible based on the responses to the notice, the Director shall give written notice of the determination together with the reasons therefor to the prospective bidder. The notice shall provide the prospective bidder an opportunity to request a meeting with the Director before the decision becomes final. The request for a meeting must be filed in writing with the Director no later than 5:00 p.m. of the tenth day following the date of the notice. If a request for a meeting is not filed, the decision is final. The Director shall promptly schedule a meeting and provide the prospective bidder not less than seven days’ notice of the time and date of the meeting. At the meeting, the prospective bidder will be provided the opportunity to present oral and/or documentary evidence rebutting the preliminary determination of nonresponsibility. The prospective bidder may to be represented by an attorney or other designated representative. The meeting will not be quasi-judicial and will not be conducted according to the technical rules relating to evidence and witnesses applicable to quasijudicial proceedings. Any relevant evidence, including hearsay, may be considered if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. After the meeting the Director shall make a final determination in writing stating the reasons for the determination. The Director’s decision following the meeting is final, except for the possibility of judicial review. If a final decision by the Director is made less than 30 days before a date set for the notice inviting bids, the notice shall be postponed to a date not less than 30 days after the date of decision.

H. Prequalification is not a conclusive determination of responsibility. A prequalified bidder may be rejected as not responsible based on subsequently discovered

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13 information or because the bidder fails to submit a responsive bid.

I. This Section is enacted as an exercise of the City’s municipal affairs charter power to establish an alternate procedure for prequalification of bidders. The authority granted by this Section is additional to any other authority for prequalification of bidders established by law.

Agenda Item No. 1

PROCLAMATION

NATIONAL POETRY MONTH
APRIL 2022
WHEREAS, , the City of Santa Barbara is recognized as an arts hub, providing a home for a diverse, talented community of wn'ters, readers and storytellers who seek to reflect and expand upon our understanding and compassion for ourselves and each other; and
WHEREAS, since 1996, the Academy of Amen'can Poets has designated Apn'l as National Poetry Month to highlight the extraordinary achievements and ongoing legacy of Amen'can Poets and increase the visibility and accessibility of poetry in our community; and
WHEREAS, the City of Santa Barbara established a Poet Laureate position in 2005 to honor and uplift local literary excellence and the spoken word by utilizing poetry to celebrate and elevate the community; and
WHEREAS, Santa Barbara Poet Laureate Emma Trelles stewards appreciation and the creation of poetry in the community through curation and presentation of events and programs in partnership with the Santa Barbara Public Library; NOW, THEREFORE, I, RANDY ROWSE, by virtue of the authon'ty vested in me as Mayor of the City of Santa Barbara, California, do hereby proclaim April 2022 as NATIONAL POETRY MONTH in Santa Barbara, and encourage community members to seek out local events and published works that honor and celebrate poetry and poets.

IN WITNESSWHEREOF, I have hereunto set. my hand and caused the Official Seal of the City of Santa to be affixed this 12
th day ofApril 2022.

Agenda Item No. 2

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 12, 2022
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Employee Recognition – Service Award Pins
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 April 30, 2022.

DISCUSSION:

The City appreciates the loyalty to the community and the dedication to public service that are demonstrated by City employees throughout the organization every day. Since 1980, the City Employees’ Recognition Program has recognized length of City Service. Service award pins are presented to employees for every five years of service. Those employees achieving 25 years of service or more are eligible to receive their pins in front of the City Council.

Attached is a list of those employees who will be awarded pins for their service through April 30, 2022.

ATTACHMENT(S): April 2022 Service Awards
PREPARED BY: Nicole Grisanti, Administrator’s Office Supervisor SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office
Agenda Item No. 3
File Code No. 120.04

ATTACHMENT
APRIL 2022 SERVICE AWARDS
April 12, 2022 Council Meeting
5 YEARS
Peter Mikelson, Building Inspector, Community Development Department Brian Parsons, Police Officer, Police Department
Max Sanford, Police Officer, Police Department
Daniel Ochoa, Carpenter, Public Works Department
Paul Thompson, Water Distribution Operations Technician OIT, Public Works Department Robert Johns, Water/Wastewater Maintenance Planner Scheduler, Public Works Department
Walid Bdirat, Automotive Equipment Technician, Parks & Recreation Department Juan Carlos Cornejo, Tree Trimmer II, Parks & Recreation Department Amado Hernandez, Custodian, Airport Department
Steven Herrera, Airport Patrol Officer II, Airport Department 15 YEARS
Maria Hernandez, Accounting Assistant, Public Works Department 25 YEARS
Jan Martinez, Harbor Patrol Officer, Waterfront Department 04/20/2021 Santa Barbara City Council Minutes Page 1 of 8

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
APRIL 20, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 2:00 p.m. and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations. (The Finance Committee and Ordinance Committee met at 12:30 p.m.)

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Robert Stough.

CEREMONIAL ITEMS

1. Subject: Arbor Day - April 30, 2021 (120.04)
Proclamation presented to David Gress, Santa Barbara Beautiful Board Member

2. Subject: Donate Life Month – April 2021 (120.04)
Proclamation presented to Scott Burns

CHANGES TO THE AGENDA
Item 13 to be heard before other administrative agenda items.

Agenda Item No. 4
04/20/2021 Santa Barbara City Council Minutes Page 2 of 8

PUBLIC COMMENT
Written correspondence regarding non-agendized topics was received and acknowledged.

Members of the Public: Anna Marie Gott, Ronald Buckley
CONSENT CALENDAR (Item Nos. 3-10)
The title of the Ordinance was read.

Motion:

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

Vote:

Unanimous roll call vote.

3. Subject: Introduction Of Ordinance For a $1 Million Proposition 1 Integrated Regional Water Management Grant Agreement (540.08)
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 Approval and Execution by the Public Works Director for a $1 Million Proposition 1 Integrated Regional Water Management Subgrant Agreement with the Santa Barbara County Water Agency.

Action: Approved the recommendation (April 20, 2021, report from the Public Works Director; Proposed Ordinance).

4. Subject: Fiscal Year 2021 Interim Financial Statements For The Eight Months Ended February 28, 2021 (250.02)
Recommendation: That Council accept the Fiscal Year 2021 Interim Financial Statements for the eight months ended February 28, 2021.

Action: Approved the recommendation (April 20, 2021, report from the Finance Director).

5. Subject: Set A Date For Public Hearing Regarding Architectural Board Of Review's Approval For 825 De La Vina Street (640.07)
Recommendation: That Council:

A. Set the date of Tuesday, June 22, 2021, at 2:00 p.m. for hearing the appeal filed by Donna Mrotek of the Architectural Board of Review's (ABR) Final 04/20/2021 Santa Barbara City Council Minutes Page 3 of 8 Approval of the project at 825 De La Vina (PLN2020-00108). The property is located at 825 De La Vina Street, Assessor Parcel No. 037-041-024, CG Zone; General Plan Designation Commercial-High Density Residential.

The project scope includes a four-story mixed-use project on a site currently developed with a private surface level parking lot using the Average UnitSize Density (AUD) program. Project entails construction of a 19,767 square foot, 21 unit rental complex, with 380 square feet dedicated to commercial floor area. Unit mix includes five, 2-bedroom, ten, 1-bedroom, and six studio units ranging in size from 482 to 1,419 square feet with an average unit size of 775 square feet. Two of the units will be designated for inclusionary housing. The proposed density on this 14,625 square foot lot is 62 dwelling units per acre on a site within the Priority Housing Overlay which allows between 37-63 dwelling units per acre. Proposal also includes 23 parking spaces, and 32 bike parking spaces; and
B. Set the date of Monday, June 21, 2021, at 1:30 p.m. for a site visit to the property located at 825 De La Vina Street.

Action: Approved the recommendation.

6. Subject: Extension Of Semiannual Recruitment For City Advisory Groups (140.02)
Recommendation:

A. The City Clerk’s Office will now accept applications through Friday, May 7, 2021, 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 Monday, April 26, 2021; B. The City Council will now conduct interviews of applicants for vacancies on various City Advisory Groups on Tuesday, May 25, 2021, at 4:00 p.m. (Estimated Time), Tuesday, June 8, 2021, at 4:00 p.m. (Estimated Time), and Tuesday, June 15, 2021, at 6:00 p.m.; and
C. The City Council will now make appointments to fill the vacancies on various City Advisory Groups on Tuesday, June 29, 2021.

Action: Approved the recommendations.

NOTICES

7. Subject: Received a letter of resignation from Community Development and Human Services member Evelyn Feck; the vacancy is included in the current City Advisory Groups recruitment. (140.02)
04/20/2021 Santa Barbara City Council Minutes Page 4 of 8

8. Subject: Received a letter of resignation from Community Development and Human Services member Celia Wright; the vacancy is included in the current City Advisory Groups recruitment. (140.02)

9. Subject: Received a letter of resignation from Arts Advisory Committee member William Smithers; the vacancy is included in the current City Advisory Groups recruitment. (140.02)

10. Subject: Received a letter of resignation from Architectural Board of Review member David Watkins; the vacancy is included in the current City Advisory Groups recruitment. (140.02)
This concluded the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
Finance Chair Friedman reported that the Finance Committee heard schedule for upcoming Budget Hearings and received Budget that will be forwarded on to City Council; Presentation from Community Choice Energy/Santa Barbara Clean Energy Plan, which will be forwarded on to City Council.

REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Jordan reported that the Ordinance Committee reviewed staff recommendations for the Sewer Lateral Inspection Program and unanimously voted to forward on to City Council.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

POLICE DEPARTMENT

13. Subject: Presentation On Efforts To Improve Youth Safety (570.06) Recommendation: That Council receive an oral presentation from City Staff on the importance of youth safety and community efforts.

Documents:
- April 20, 2021, report from the Police Chief.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Acting Police Chief Bernard Melekian; Neighborhood Outreach Specialist, Ricardo Venegas; Santa Barbara Unified School District Superintendent, Dr.

Hilda Maldonado, Executive Director of South Coast Youth Safety Partnership, Saul Serrano; Santa Barbara County Teen Network, Isis Castaneda 04/20/2021 Santa Barbara City Council Minutes Page 5 of 8 - Members of the Public: Anna Marie Gott; Mark Alvarado; Victoria Valente; Chelsea Lancaster; Carlos Jimenez; Rene Garcia-Hernandez; Gabe Escobedo; Jareli; E. Howard Green.

Councilmembers’ questions were answered.

PUBLIC WORKS DEPARTMENT

11. Subject: Contracts For Construction Of Arroyo Burro Open Space Restoration And Trail Improvement Project (570.05)
Recommendation: That Council:

A. Award a contract with Lash Construction, Inc., waiving minor irregularities, in their low bid amount of $1,121,290 for construction of the Arroyo Burro Open Space Restoration and Trail Improvement Project, Civil Contract, Bid No. 4024 and authorize the Public Works Director to execute the contract and approve expenditures up to $112,129 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment;
B. Reject the bid protest of Marina Landscape, Inc., and award a contract with Landology, Inc., in their low bid amount of $123,742 for construction of the Arroyo Burro Open Space Restoration and Trail Improvement Project, Landscape Contract, Bid No. 4025 and authorize the Parks and Recreation Director to execute the contract and approve expenditures up to $18,561 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment;
C. Authorize the Parks and Recreation Director to execute a contract with Waterways Consulting, Inc., in the amount of $86,324 for construction support services, and approve expenditures of up to $8,632 for extra services of Waterways Consulting, Inc. that may result from necessary changes in the scope of work;
D. Authorize the Parks and Recreation Director to execute a contract with MNS Engineers, Inc., in the amount of $11,225 for construction support services, and approve expenditures of up to $2,000 for extra services of MNS Engineers, Inc. that may result from necessary changes in the scope of work; and
E. Approve an increase in appropriations in the Creeks Operating Fund in the amount of $928,942, funded from Creeks Operating Fund reserves, authorize the transfer of such funds to the Creeks Capital Fund, and 04/20/2021 Santa Barbara City Council Minutes Page 6 of 8 approve an increase in appropriations and estimated revenues in the Creeks Capital Fund in the amount of $928,942, funded by the transfer, to fund construction costs for the Arroyo Burro Open Space Restoration and Trail Improvement Project.

Documents:
- April 20, 2021, report from the Parks and Recreation Director. - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Parks & Recreation Associate Planner, Erin Markey; Creeks Manager, Cameron Benson
- Members of the Public: Lee Heller
Motion:

Councilmembers Friedman/Sneddon to approve the staff recommendation.

Vote:

Unanimous roll call vote; Agreement Nos. 26,902; 26,903; 26,904; 26,905.

Recess 3:58 – 4:15 p.m.

FINANCE DEPARTMENT

12. Subject: Recommended Two-Year Financial Plan For Fiscal Years 2022 And 2023 (230.05)
Recommendation: That Council:

A. Receive the Recommended Two-Year Financial Plan for Fiscal Years 2022 and 2023, including the Recommended Operating and Capital Budget for Fiscal Year 2022;
B. Hear a report from staff in connection with the filing of the Recommended Two-Year Financial Plan for Fiscal Years 2022 and 2023; and C. Approve the proposed Schedule of Council Budget Review Meetings and Public Hearings related to the Recommended Two-Year Financial Plan for Fiscal Years 2022 and 2023.

Documents:
- April 20, 2021, report from the Finance Director.
- PowerPoint presentation prepared and made by staff.

Speakers:
04/20/2021 Santa Barbara City Council Minutes Page 7 of 8 - Staff: Finance Director Keith De Martini.
- Members of the Public: Anna Marie Gott
Motion:

Councilmembers Friedman/Murillo to approve the staff recommendation.

Vote:

Unanimous roll call vote.

CITY ADMINISTRATOR

14. Subject: Request From Councilmembers Meagan Harmon And Oscar Gutierrez To Discuss An Urgency Ordinance For Hazard Pay For On-Site Grocery And Drug Retail Workers (120.02)
Recommendation: That Council consider the request from Councilmembers Meagan Harmon and Oscar Gutierrez to discuss an Urgency Ordinance for Hazard Pay for On-Site Grocery and Drug Retail Workers.

Documents:
- April 20, 2021, report from the City Administrator.

Councilmember Friedman announced that he was recusing himself from consideration of this item because his employer and source of income may be affected.

Speakers:
- Staff: Councilmember O. Gutierrez; Councilmember Harmon - Members of the Public: Anna Marie Gott; Christian Alonso; Daniel Mora; Ian Bauke; Ken Hough; Lee Heller; Nick Buro; Ryan Allain; Rachel Torres; Stanley Tzankov; Wendy Santamaria.

Motion:

Councilmember Harmon/ Mayor Murillo to direct the City Attorney to bring back an urgency ordinance related to hero pay, for 60 days, with a provision allowing for a credit for employers who have paid hero or appreciation pay; Direction to the City Administrator to include terms in the Councilmembers memo.

Vote:

Unanimous roll call vote (Abstain: Councilmember Friedman).

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember A. Gutierrez attended the following meetings or events: 1.;Ortega Park Murals Outreach Meeting
04/20/2021 Santa Barbara City Council Minutes Page 8 of 8 - Councilmember Sneddon attended the following meetings or events: 1. Ortega Park Murals Outreach Meeting; 2. Discussed upcoming Earth Day Celebrations - Mayor Murillo attended the following meetings or events: 1. Youth Council Meeting; 2.

Health Care for All Event; 3. Planned Parenthood Support Meeting; 4. SBCAG Meeting; 5. South Coast Youth Safety Partnership Meeting

PUBLIC COMMENT (IF NECESSARY)

CLOSED SESSION

15. Subject: Conference With City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is Thomas Felkay as Trustee of the Emprise Trust v. COSB, et al. SBSC Case No. 17CV03351.

Scheduling: Duration, 30 minutes; anytime
Report: None anticipated
Document:
- April 20, 2021, report from City Attorney.

Time:
-
Reschedule to a following meeting.

No report made.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 6:15 pm.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
04/27/2021 Santa Barbara City Council Minutes Page 1 of 6

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
APRIL 27, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Robert Stough.

CEREMONIAL ITEMS

1. Subject: Fair Housing Month - April 2021 (120.04)
Action: Mayor Murillo presented the proclamation to Andrea Bifano, Senior Rental Housing Mediation Specialist .
- Speakers:

Members of the Public: Michelle Roberson, Alexander Entrekend, Petra Lowen

CHANGES TO THE AGENDA
Mayor Murillo announced that the Hero Pay Agenda item will be heard on May 4, 2021. 04/27/2021 Santa Barbara City Council Minutes Page 2 of 6

PUBLIC COMMENT
Written correspondence regarding non-agendized topics was received and acknowledged.

Members of the Public: Mark Alvarado, Ron Buckley, Ana Marie Gott, Chuck Flacks, Diana Cabral, Frederick Janka, Victoria Valente, Valerie Jaimes, Ian Balke, Adreana Arriaga, Hamuel Banales, Felicity Landa, Wendy Santamaria, Chelsea Lancaster, Kai Tepper
CONSENT CALENDAR (Item Nos. 2-10)
The title of the Ordinances and Resolutions were read.

Motion:

Councilmembers Jordan/ O. Gutierrez to approve the Consent Calendar as recommended.

Vote:

Unanimous roll call vote.

2. Subject: Introduction Of Ordinance To Amend Municipal Code Title 14 For The Sewer Lateral Inspection Program (540.13)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapters 14.34, 14.44, and 14.46 of the Santa Barbara Municipal Code Pertaining to Sewers and Sewer Lateral Maintenance and Inspection.

Action: Approved the recommendation (April 27, 2021, report from the Public Works Director; Proposed Ordinance).

3. Subject: Adoption Of Ordinance For A $1 Million Proposition 1 Integrated Regional Water Management Grant Agreement (540.08)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Approval and Execution by the Public Works Director of a Proposition 1 Integrated Regional Water Management Implementation Grant Subgrant Agreement with the Santa Barbara County Water Agency.

Action: Approved the recommendation; Ordinance No. 5998; Agreement No. 26,906.

4. Subject: Updates To The Position Salary Control Resolution Fiscal Year 2021, Adjusting The Salary For Mayor And City Councilmembers To Increase By 2.62% (410.06)
04/27/2021 Santa Barbara City Council Minutes Page 3 of 6 Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 20-048, the Position and Salary Control Resolution for Fiscal Year 2021, Affecting the Salary for the Mayor and City Councilmembers, as Directed by City Charter 502 - Compensation, Effective April 1, 2021.
- Speakers:

Members of the Public: Ana Marie Gott
Action: Approved the recommendation; Resolution No. 21-027 (April 27, 2021, report from the Administrative Services Director; Proposed Resolution).

5. Subject: Adoption Of A Resolution Approving Amendments To The Records Retention Policy Held By The Public Works Department (160.06) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending the City of Santa Barbara Records Management Policies and Procedures Manual to Adopt Updated Policies and Procedures of the Public Works Department and to Authorize Destruction of Duplicate Records and Records for Which the Required Retention Period Has Expired.

Action: Approved the recommendation; Resolution No. 21-028 (April 27, 2021, report from the Public Works Director; Proposed Resolution).

6. Subject: March 31, 2021, Investment Report And March 31, 2021, Fiscal Agent Report (260.02)
Recommendation: That Council:

A. Accept the March 31, 2021, Investment Report; and
B. Accept the March 31, 2021, Fiscal Agent Report.

Action: Approved the recommendation (April 27, 2021, report from the Finance Director).

7. Subject: Authorization For Legal Services With Ballard Rosenberg Golper & Savitt, LLP, For Special Counsel Services (160.01)
Recommendation: That Council:

A. Authorize the City Attorney to execute a legal services agreement with Ballard Rosenberg Golper & Savitt, LLP, for special counsel services regarding human resources and employment matters in an amount not to exceed $200,000; and
04/27/2021 Santa Barbara City Council Minutes Page 4 of 6 B. Increase appropriations in the Fiscal Year 2021 City Attorney’s Office budget in the amount of $200,000 funded from the General Fund reserves.

Action: Approved the recommendation; Agreement No. 26,907 (April 27, 2021, report from the City Attorney).

8. Subject: Lease Agreements With Non-Profit Organizations At The Westside And Franklin Community Centers (570.05)
Recommendation: That Council:

A. Authorize the Parks and Recreation Director to execute annual lease agreements for office space at the Westside Community Center for the Independent Living Resource Center and Momentum Work, Inc. (a recent merge of UCP Work, Inc., and UCP of Los Angeles, Ventura, and Santa Barbara Counties); and
B. Authorize the Parks and Recreation Director to execute annual lease agreements for office space at the Franklin Community Center for the California Rural Legal Assistance, Inc., and Santa Barbara County Immigrant Legal Defense Center.

Action: Approved the recommendation; Agreement Nos. 26,908; 26,909; 26,910; 26,911 (April 27, 2021, report from the Parks and Recreation Director).

9. Subject: Second Amendment To Contract With Gray Quarter, Inc. For Technical Consulting For The Accela Civic Permit Platform System (170.04) Recommendation: That Council authorize a second contract amendment with Gray Quarter, Inc. to provide continued technical consulting services related to the Accela Civic Permit Platform System, 22000011, in the amount of $55,000 for a total expenditure authority of $155,000.

Action: Approved the recommendation; Agreement No. 26,599.1 (April 27, 2021, report from the Administrative Services Director).

NOTICES

10. Subject: Received a letter of resignation from Santa Barbara Youth Council member Quinn Stefan; the vacancy is included in the current City Advisory Groups recruitment. (140.02)
This concluded the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
04/27/2021 Santa Barbara City Council Minutes Page 5 of 6 Finance Chair Friedman reported the Finance Committee heard a report on the American Rescue Plan Act Fiscal Stimulus and Recovery Provisions and what the City will be receiving over the next two years; approximately $22 Million Dollars. Finance Committee forwarded recommendations to City Council for placing funds possibly into Reserves.

Other item heard was upcoming budget and challenges City is having with General Fund Expenditures.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

COMMUNITY DEVELOPMENT DEPARTMENT

11. Subject: Adoption Of A Resolution Adopting The Santa Barbara County Phase II Community Action Plan To Address Homelessness (660.04) Recommendation: That Council:

A. Receive a presentation on homelessness in Santa Barbara County, including a report on the Phase II Community Action Plan to Address Homelessness (“Plan”), which identifies key strategies and priority areas to address homelessness and ensures compliance with State of California requirements demonstrating a regional planning process; B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the Santa Barbara County Phase II Community Action Plan to Address Homelessness;
C. Appoint two members of Council to the County’s Elected Leaders Forum; and
D. Determine the receipt of the document is not the approval of a project that is subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), finding that the project is an organizational or administrative activity of government that will not result in direct or indirect physical changes to the environment.

Documents:
- April 27, 2021, report from the Community Development Director. - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Housing & Human Services Manager, Laura Dubbels; Homeless Assistance Program Manager of County of Santa Barbara, Kimberly Albers - Members of the Public: Rob Fredericks, Mackenzie Wildman, Lauren Trujillo, Rich Sander, Milt Hess, Ana Marie Gott
RECESS
04/27/2021 Santa Barbara City Council Minutes Page 6 of 6 4:48 p.m. – 5:05 p.m.

Motion:

Councilmembers O. Gutierrez/ Harmon to approve the staff recommendations and appoint Mayor Murillo and Councilmember A. Gutierrez to the County’s Elected Leaders Forum
Vote:

Unanimous roll call vote; Resolution No. 21-029.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember Friedman attended the following meetings or events: 1.Coastal Cities Group, Coastal Sea-Level Rise Monthly Meeting (BEACON); 2. BEACON Executive Committee Meeting; 3. Central Coast Water Authority Meeting; 4. Airport Commission Meeting
- Councilmember A. Gutierrez attended the following meetings or events: 1. Ortega Park Outreach Meeting
- Councilmember Sneddon attended the following meetings or events: 1. COMB Meeting; 2. Ortega Park Outreach Meeting
- Mayor Murillo attended the following meetings or events: 1. PATH Regional Briefing;

2. Business Advisory Task Force; 3. Santa Barbara Tenants Union; 4. City/County Affordable Housing Task Force; 5. Community Formation Commission

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Murillo adjourned the meeting at 5:46 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/04/2021 Santa Barbara City Council Minutes Page 1 of 7

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
MAY 4, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, Deputy City Clerk Robert Stough.

CEREMONIAL ITEMS

1. 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 May 31, 2021.

Action: City Administrator Paul Casey listed the names of the service award pin recipients.

CHANGES TO THE AGENDA
Item #2 pulled from the Agenda due to missing contract; Item will be on the May 11, 2021 Council Agenda.
05/04/2021 Santa Barbara City Council Minutes Page 2 of 7

2. Subject: Introduction Of Ordinance To Execute An Agreement With Tesla To Operate 19 Electric Charging Stations In Lot 10 (Ortega Garage) (550.01) 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 Public Works Director to Execute an Agreement with Tesla, Inc. to Operate 19 Electric Charging Stations in Lot 10 (Ortega Garage).

PUBLIC COMMENT
Written correspondence regarding non-agendized topics was received and acknowledged.

Members of the Public: Gary Shapiro, Anna Marie Gott, Mikal Lynch CONSENT CALENDAR (Item Nos. 3 - 7)
The titles of the Ordinance and the Resolution were read.

Motion:

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

Vote:

Unanimous roll call vote.

3. Subject: Set A Date For Public Hearing Regarding Renewal Of Levy For Fiscal Year 2022 For The Wildland Fire Suppression Assessment District (520.03)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring Its Intention to Continue the Wildland Suppression Assessment Within the Foothill and Extreme Foothill Zones; Declaring the Work to be of More Than General or Ordinary Benefit and Describing the District to be Assessed to Pay the Costs and Expenses Thereof; Preliminarily Approving the Updated Engineer’s Report; Stating Intention to Continue Assessments for Fiscal Year 2022 and Establishing a Time of 2:00 P.M. on Tuesday, June 8, 2021, in the City Council Chambers for a Public Hearing on the Wildland Fire Suppression Assessment.

Action: Approved the recommendation; Resolution No. 21-030 (May 4, 2021, report from the Fire Chief; Proposed Resolution).

4. Subject: Proposed Lease Agreement With Jethro Acosta, A Sole Proprietor, Doing Business As Blue Water Hunter (330.04)
05/04/2021 Santa Barbara City Council Minutes Page 3 of 7 Recommendation: That Council approve a five-year lease agreement with Jethro Acosta, a Sole Proprietor, doing business as Blue Water Hunter, at an initial base rent of $2,719.10 per month, for the 878 square foot lease space located at 117-D Harbor Way.

Action: Approved the recommendation; Agreement No. 26,912 (May 4, 2021, report from the Waterfront Director).

5. Subject: Authorization For Legal Services With Nielsen Merksamer Parrinello Gross & Leoni LLP Relating To Electoral Redistricting (160.01) Recommendation: That Council authorize the City Attorney to execute a legal services agreement with Nielsen Merksamer Parrinello Gross & Leoni LLP, for special counsel services regarding electoral redistricting matters in an amount not to exceed $75,000.

Action: Approved the recommendation; Agreement No. 26,913 (May 4, 2021, report from the City Attorney).

6. Subject: Settlement Agreement With The United States Of America Department Of Justice Relating To Americans With Disabilities Act Accessibility At The Amtrak Rail Station (530.01)
Recommendation: That Council authorize the City Administrator and City Attorney to execute an agreement titled “Settlement Agreement Under the Americans With Disabilities Act Between the United States of America and the City of Santa Barbara, USAO No. 2018V00579 , DJ No. 204-12C-491”.

Action: Approved the recommendation; Agreement No. 26,914 (May 4, 2021, report from the Public Works Director).

7. Subject: Set A New Date For Public Hearing Regarding Paseo Nuevo Owner, LLC’s Appeal Of The Planning Commission Denial Of The Development Agreement (640.07)
Recommendation: That Council authorize the City Clerk to postpone Paseo Nuevo Owners, LLC’s appeal of the Planning Commission denial of the Development Agreement scheduled for May 4, 2021 to June 22, 2021.

Action: Approved the recommendation.

This concluded the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
05/04/2021 Santa Barbara City Council Minutes Page 4 of 7 Finance Committee Chair Eric Friedman reported that the Finance Committee heard the 2022-2023 proposed Fee Changes for Parks and Libraries and will come to City Council for full deliberations.

REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Mike Jordan reported that the Ordinance Committee heard a report on Hazard-based Premium Pay for Grocery And Drug Retail Workers that also will be heard at Regular Council Meeting on May 4, 2021, Item #9

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

COMMUNITY DEVELOPMENT DEPARTMENT

PUBLIC HEARING

8. Subject: Introduction Of Zoning Ordinance Amendments And Objective Design Standards For Streamlined Housing Projects (640.09) 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 Chapter 30.145 of the Santa Barbara Municipal Code to Establish Procedures for Processing Streamlined Housing Projects Pursuant to Government Code Section 65913.4 and Finding the Project to be Exempt from CEQA Pursuant to CEQA Guideline 15061(b)(3); and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting Objective Design Standards for Streamlined Housing Projects.

Documents:
- May 4, 2021, report from the Community Development Director; Proposed Ordinance; Proposed Resolution.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Community Development Project Planner, Rosie Dyste; Assistant City Attorney, Tava Ostrenger
- Members of the Public: Anna Marie Gott
Motion:

Mayor Murillo/Councilmember Sneddon to approve the staff recommendations.

Vote:
05/04/2021 Santa Barbara City Council Minutes Page 5 of 7 Unanimous roll call vote; Resolution No. 21-031.

CITY ATTORNEY

9. Subject: Hazard-based Premium Pay For Grocery And Drug Retail Workers (120.03)
Recommendation: ORDINANCE COMMITTEE RECOMMENDATION:

That the Ordinance Committee consider recommending for introduction by Council an Uncodified Ordinance of the Council of the City of Santa Barbara Establishing Hazard-Based Premium Pay for Grocery and Drug Retail Workers.

Ordinance Committee voted 2 to 1 (Noes: Chair Jordan) to forward item to City Council.

RECOMMENDATION:

A. That Council introduce and adopt, by at least five affirmative votes, after reading in full, an Uncodified Emergency Ordinance of the Council of the City of Santa Barbara Establishing Hazard-Based Premium Pay for Grocery and Drug Retail Workers; and
B. That Council introduce and subsequently adopt, by reading of title only, an Uncodified Ordinance of the Council of the City of Santa Barbara Establishing Hazard-Based Premium Pay for Grocery and Drug Retail Workers.

Documents:
- May 4, 2021, report from the City Attorney; Proposed Ordinances. - PowerPoint presentation prepared and made by staff.

Councilmember Friedman stated that he was recusing himself from discussing or voting on this item due to his source of income from his outside employer.

Speakers:
- Staff: City Attorney, Ariel Calonne
- Members of the Public: Ryan Allen, Nadia Abushanab, Rachel Torres, Daniel Mora, Anna Marie Gott, Stanley Tzankov
Motion:

Councilmember O. Gutierrez/Mayor Murillo to introduce and waive further reading of the non-emergency Ordinance with a change to section 2(A) 6 20 employees to 1 and the definition of covered employer will read in part, any retail establishment defined below located in the City of Santa Barbara employee at least 1 employee 05/04/2021 Santa Barbara City Council Minutes Page 6 of 7 in Santa Barbara and whose owner employees 300 nationwide, pharmacies would be included with 300 employees nationwide; Ordinance No. 5999.

Vote:

Unanimous roll call vote (Noes: Councilmember Jordan; Recused: Councilmember Friedman)
Motion:

Councilmembers O. Gutierrez/Mayor Murillo to approve the Emergency Ordinance, with same changes as the Non-Emergency Ordinance.

Motion withdrawn.

RECESS
3:57 p.m. – 4:07 p.m.

MAYOR AND COUNCIL REPORTS

10. Subject: Request From Mayor Murillo And Councilmember Sneddon To Discuss City Producing State Of The City As A Community Event (130.01) Recommendation: That Council consider the request from Mayor Murillo and Councilmember Sneddon to discuss the City Producing State Of The City As Community Event.

Documents:
- May 4, 2021, report from the City Administrator.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Mayor Murillo; Councilmember Sneddon
- Members of the Public: Katie Davis
Motion:

Councilmembers Jordan/Sneddon to approve the staff recommendation Vote:

Unanimous roll call vote.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
05/04/2021 Santa Barbara City Council Minutes Page 7 of 7 - Councilmember Friedman attended the following meetings or events: 1. Library Advisory Board; 2. Commercial Fisherman Sub-committee
- Mayor Murillo attended the following meetings or events: 1. Citizens’ Planning Association; 2. Retirement Party for Bruce Korskoff; 3. Association of Women and Communication; 4. Hope Awards; 5. SB ACT Homeless Collaborative Steering Committee

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Murillo adjourned the meeting at 4:22 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/11/2021 Santa Barbara City Council Minutes Page 1 of 6

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
MAY 11, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Services Manager.

Mayor Murillo reported the Closed Session Item (Kracke) will be continued until next week.

CEREMONIAL ITEMS

1. Subject: Asian American & Pacific Islander Heritage Month - May 2021 (120.04)
Action: Mayor Murillo presented the proclamation to Julia Valarde-Betita, Karina Ju, Anne Peterson.

CHANGES TO THE AGENDA

PUBLIC COMMENT
05/11/2021 Santa Barbara City Council Minutes Page 2 of 6 Written correspondence regarding non-agendized topics was received and acknowledged.

Members of the Public: Mark Alvarado, Ronald Buckley, E. Howard Green, Victoria Valente, Anna Marie Gott.

ITEM PULLED FROM CONSENT CALENDAR:

3. Subject: Adoption Of An Uncodified Ordinance Of The Council Of The City Of Santa Barbara Establishing Hazard-Based Premium Pay For Grocery And Drug Retail Workers (160.01)
Recommendation: That Council adopt, by reading of title only, an Uncodified Ordinance of the Council of the City of Santa Barbara Establishing Hazard-Based Premium Pay for Grocery and Drug Retail Workers.

Councilmember Friedman stated that he was recusing himself from voting on this item due to his employer and source of income.

Motion:

Councilmember Harmon/Councilmember O. Gutierrez to approve recommendation; Ordinance No. 6001.

Vote: Majority roll call vote (Noes: Councilmember Jordan; Abstain: Councilmember Sneddon; Recuse: Councilmember Friedman)
CONSENT CALENDAR (Item Nos. 2, 4-7)
The title of the Ordinances were read.

Motion:

Councilmembers Jordan/Friedman to approve the balance of the Consent Calendar as recommended.

Vote:

Unanimous roll call vote.

2. Subject: Adoption Of Zoning Ordinance Amendments And Objective Design Standards For Streamlined Housing Projects (640.09)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 30.145 of the Santa Barbara Municipal Code to Establish Procedures for Processing Streamlined Housing Projects Pursuant to Government Code Section 65913.4 and Finding the Project to Be Exempt from CEQA Pursuant to CEQA Guideline 15061(b)(3). 05/11/2021 Santa Barbara City Council Minutes Page 3 of 6 - Speakers
Members: of the Public: Anna Marie Gott
Action: Approved the recommendation; Ordinance No. 6000.

4. Subject: Adoption Of Ordinance To Amend Municipal Code Title 14 For The Sewer Lateral Inspection Program (540.13)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapters 14.34, 14.44, and 14.46 of the Santa Barbara Municipal Code Pertaining to Sewers and Sewer Lateral Maintenance and Inspection.

Action: Approved the recommendation; Ordinance No. 6002.

5. Subject: Cachuma Conservation Release Board Fiscal Year 2021/2022 Budget Ratification (540.03)
Recommendation: That Council ratify the Cachuma Conservation Release Board’s Fiscal Year 2021/2022 Budget, with the City’s proportional share not to exceed $468,076.

Action: Approved the recommendation (May 11, 2021, report from the Public Works Director).

6. Subject: Adoption Of Program Year 2021–2022 Annual Action Plan (610.05) Recommendation: That Council:

A. Adopt the City’s Annual Action Plan for Program Year 2021–2022 for submittal to the U.S. Department of Housing and Urban Development (HUD); and
B. Authorize the City Administrator to sign all necessary documents to submit the City’s Annual Action Plan to HUD.

Action: Approved the recommendation (May 11, 2021, report from the Community Development Director).

7. Subject: Contract For Right Of Way Acquisition Services For The De La Vina Street Bridge Replacement Project (530.04)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with Hamner Jewell & Associates in the amount of $124,985 for right of way acquisition services for the De La Vina Street Bridge Replacement Project, and authorize the Public Works Director to approve 05/11/2021 Santa Barbara City Council Minutes Page 4 of 6 expenditures of up to $12,498 for extra services of Hamner Jewell & Associates that may result from necessary changes in the scope of work.

Action: Approved the recommendation; Agreement No. 26,915 (May 11, 2021, report from the Public Works Director).

This concluded the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported the Committee received a report on Water/Wastewater, Waterfront and Parks & Recreation Fee Changes, Considered Outside Agency Requests; gave feedback to staff to bring back to Council; looking at future agenda item on how to address Outside Agency Request for more transparency.

REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Jordan reported the Ordinance Committee discussed Average Unit Density Housing Program Ordinance Amendments pertaining to increasing inclusionary percentage outside the Central Business District, removing AUD considerations from Mobilehome parks and define language on State Bonus Density Units can or can’t be included in the AUD program which will be forwarded to City Council.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

8. Subject: Sewer Lateral Inspection Program Updates (540.13) Recommendation: That Council receive a Sewer Lateral Inspection Program Update.

Documents:
- May 11, 2021, report from the Public Works Director.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Water Supply and Services Manager, Cathy Taylor, Water Quality Superintendent Gaylen Fair, SLIP Outreach Coordinator, Mariana Cruz - Members of the Public: Hillary Hauser

PUBLIC HEARING

9. Subject: Proposed Santa Barbara Clean Energy Rates (630.06) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving the Santa Barbara Clean Energy 05/11/2021 Santa Barbara City Council Minutes Page 5 of 6 Rate Setting Formula for Each of Its Energy Product Offerings across All Customer Types and Authorizing the City Administrator to Determine Rates by Application of the Formulas.

Public Hearing opened: 3:26 p.m.

Documents:
- May 11, 2021, report from the Public Works Director.
- Proposed Resolution.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Energy & Climate Manager, Alelia Parenteau
- Members of the Public: E. Howard Green
Public Hearing closed: 3:50 p.m.

Motion:

Councilmembers Sneddon/Friedman to approve the staff recommendation.

Vote:

Unanimous roll call vote; Resolution No. 21-032.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember Sneddon attended the following meetings or events: 1. Yellow House Project; 2. CCRB.
- Mayor Murillo attended the following meetings or events: 1. Downtown Santa Barbara Board; 2. Housing Authority Commission Board Meeting.

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Murillo adjourned the meeting at 4:00 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN
05/11/2021 Santa Barbara City Council Minutes Page 6 of 6

MAYOR CITY CLERK SERVICES MANAGER
05/18/2021 Santa Barbara City Council Minutes Page 1 of 7

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
MAY 18, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 2:00 p.m., and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations. (The Finance Committee and Ordinance Committee met at 12:30 p.m.)

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

CEREMONIAL ITEMS

1. Subject: National Public Works Week May 16-22, 2021 (120.04) Action: Proclamation presented to the Public Works Department, accepted by Acting Public Works Director, Joshua Haggmark

CHANGES TO THE AGENDA

PUBLIC COMMENT
- Members of the public: James Yee, Tino De Guevara, Chris Barros, Mark Alvarado, Jesse Espinosa, Victoria Valente, Anna Marie Gott 05/18/2021 Santa Barbara City Council Minutes Page 2 of 7 CONSENT CALENDAR (Item Nos. 2 – 7)
Motion:

Councilmember Jordan / Mayor Murillo to approve the Consent Calendar as recommended.

Vote:

Unanimous roll call vote.

2. Subject: Fiscal Year 2021 Third Quarter Review (230.05) Recommendation: That Council:

A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the nine months ended March 31, 2021; B. Accept the Fiscal Year 2021 Interim Financial Statements for the nine months ended March 31, 2021; and
C. Approve the proposed third quarter adjustments to Fiscal Year 2021 appropriations and estimated revenues as detailed in the attached Schedule of Proposed Third Quarter Adjustments.

Action: Approved the recommendation(s); (May 18, 2021 Council Agenda Report).

3. Subject: Purchase Orders For Momentum Work, Incorporated For Janitorial Services In The Waterfront (570.03)
Recommendation: That Council find it in the City’s best interest to waive the formal bid procedure as authorized by Municipal Code Section 4.52.070 (L), and authorize the General Services Manager to issue annual purchase orders to Momentum Work, Incorporated for janitorial services at the Waterfront for Fiscal Year 2022 in an amount not to exceed $401,000, and for Fiscal Year 2023 in an amount not to exceed $421,000 subject to budget appropriations.

Action: Approved the recommendation; (May 18, 2021 Council Agenda Report).

4. Subject: Professional Services Agreement With Garden State Fireworks, Inc. For July Fourth And Parade Of Lights Fireworks Displays (570.03) 05/18/2021 Santa Barbara City Council Minutes Page 3 of 7 Recommendation: That Council authorize the Waterfront Director to execute a Professional Services Agreement with Garden State Fireworks, Inc. for the 2021 July Fourth and December 2021 Parade of Lights Fireworks Displays at a cost not to exceed $60,500.

Action: Approved the recommendation(s); Agreement No. 26,917 (May 18, 2021 Council Agenda Report).

5. Subject: Contract For The Preparation Of The Santa Barbara Airport Taxiway H Extension Environmental Assessment (560.04)
Recommendation: That Council:

A. Authorize the Public Works Director to execute a Professional Services contract with Coffman Associates in the amount of $132,532 for the Preparation Of The Santa Barbara Airport Taxiway H Extension Environmental Assessment, and authorize the Public Works Director to approve expenditures of up to $13,253 for extra services of Coffman Associates that may result from necessary changes in the scope of work; and
B. Approve an increase in appropriations in the Airport Operating Fund in the amount of $145,785, funded from reserves, authorize the transfer of such funds to the Airport Capital Fund, and approve an increase in appropriations and estimated revenue in the Airport Capital Fund in the amount of $145,785, funded by the transfer, for the preparation of an environmental assessment for the Santa Barbara Airport Taxiway H Extension Project.

Action: Approved the recommendation(s); Agreement No 26,918 (May 18, 2021 Council Agenda Report).

This concludes the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that the Committee reviewed previous information for Budget Hearings for upcoming budget, proposed fee changes, Outside Agency Requests, and ARPA Funds, 3rd Quarter Financial Report and will forward recommendations to City Council.

REPORT FROM THE ORDINANCE COMMITTEE
05/18/2021 Santa Barbara City Council Minutes Page 4 of 7 Ordinance Committee Chair Jordan reported that the Ordinance Committee reviewed initial Sit/Lie Ordinance with extension of certain blocks on Milpas and will forward recommendations to City Council.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

COMMUNITY DEVELOPMENT DEPARTMENT

PUBLIC HEARINGS

6. Subject: Introduction Of Amendments To The Santa Barbara Municipal Code And Zoning Map Related To The Historic Resources Ordinance And The Historic Resource Design Guidelines (640.06)
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 Santa Barbara Municipal Code by Adding Chapters 30.57, 30.157, and 30.237; adding sections 30.200.080, 30.220.020, 30.220.030, 30.220.040; and

30.300.080 Subsection H to Establish Procedures for Protecting Historic Resources; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting The Historic Resource Design Guidelines.

Documents:
- May 18, 2019 Council Agenda Report and any attachment(s). - PowerPoint Presentation prepared and made by Staff.

Speakers:
- Staff/Panelists: Architectural Historian, Nicole Hernandez, Historic Landmarks Commissioner, Anthony Grumbine, Assistant Attorney, John Doimas, City Planner, Renee Brooke
- Members of the Public: Anna Marie Gott, Marie Louise Days.

Motion:

Councilmember Sneddon/Mayor Murillo move Staff Recommendations and update Historic Resource Guidelines; include typographical errors to Historic Structures Ordinance of 1977. Resolution 21-033 Vote:

Unanimous roll call vote.
05/18/2021 Santa Barbara City Council Minutes Page 5 of 7

7. Subject: Introduction Of Ordinance Amendments Related To The ABR, Single Family Design Board, And Sign Committee On Findings To Be Made for Project Compatibility Analysis and Limitation on Evidence to Be Reviewed by Council for Hearings On Appeal (630.02)
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 Sections

22.68.045 and 22.68.100 of the Santa Barbara Municipal Code Pertaining to the Architectural Board of Review Project Compatibility Analysis and Appeal to Council – Notice and Hearing; and Finding the Project to Be Exempt from CEQA Pursuant to CEQA Guideline 15061(B)(3);
B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Section 22.69.080 of the Santa Barbara Municipal Code Pertaining to the Single Family Design Board Appeal to Council – Notice and Hearing; and Finding the Project to Be Exempt from CEQA Pursuant to CEQA Guideline 15061(B)(3); and
C. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Section 22.70.050 of the Santa Barbara Municipal Code Pertaining to Sign Permits; and Finding the Project to Be Exempt from CEQA Pursuant to CEQA Guideline 15061(B)(3).

Documents:
- May 18, 2019 Council Agenda Report and any attachment(s). - PowerPoint Presentation prepared and made by Staff.

Speakers:
- Staff: Senior Planner Irma Unzueta, City Attorney Ariel Calonne - Members of the Public: Anna Marie Gott
Motion:

Councilmembers Jordan/Harmon to move staff recommendations.

Vote:

Unanimous roll call vote.

COUNCIL AND STAFF COMMUNICATIONS
05/18/2021 Santa Barbara City Council Minutes Page 6 of 7

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. Sustainability Council Meeting; 2. Council Committee on Legislation; 3. the Elected Leaders Forum on Homelessness; 4. the Green and Blue Virtual Ball; 5. attended Friday RAP meeting on local issues on State Street and Library.
- Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Council Committee on Legislation; 2. took action on support of SB1, SB897, and opposition of SB9 & SB10, 3. Library Advisory Board; 4. Elected Leaders Forum on Homelessness. - Mayor Murillo reported on their attendance at the following events or made the following comments: 1. the Sustainability Committee which discussed electric vehicles charging station; 2. Regional Solid Waste Task Group may be reformed; 3. Also attended Rape Crisis Center, Green and Blue; 4. attended Medicare for All, Elected Leaders Forum on Homelessness; 5. attended SBCAG Meeting; 6. attended Community Formation Commission, which had a presentation from NACOLE.

PUBLIC COMMENT (IF NECESSARY)

CLOSED SESSIONS

8. Subject: Conference With City Attorney -- Existing Litigation – Gov. Code § 54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is Theodore P. Kracke v. City of Santa Barbara, COA Case No. B300528; VSC Case No. 56-2016-00490376-CU-WM-VTA.

Scheduling: Duration, 15 minutes; anytime
Report: None anticipated
Documents:
- May 18, 2021 report from the City Attorney
Time:
- 4:00 p.m. – 5:15 p.m.

No report made.

ADJOURNMENT
05/18/2021 Santa Barbara City Council Minutes Page 7 of 7 Mayor Murillo adjourned the meeting at 4:00 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
10/12/2021 Santa Barbara City Council Minutes Page 1 of 9

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
OCTOBER 12, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: Interim City Administrator Rebecca Bjork, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

UPDATE FROM FIRE CHIEF
Fire Chief Chris Mailes provided an update about the Alisal Fire.

CEREMONIAL ITEMS

1. Subject: Indigenous Peoples Day - October 11, 2021 (120.04) Action: Proclamation provided to Marcus Lopez.

2. Subject: National Arts & Humanities Month - October 2021 (120.04) 10/12/2021 Santa Barbara City Council Minutes Page 2 of 9 Action: Proclamation provided to Abaseh Mirvali and Frederick Janka.

PUBLIC COMMENT
Speakers: Miriam Lindbeck; Ronald Buckley; Kimi VanDyk; Lesley Weinstock.

CONSENT CALENDAR (Item Nos. 3 –10)
Motion:

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

Vote:

Unanimous voice vote.

3. Subject: Introduction Of An Ordinance For A Lease Agreement With Reginald Drew And Teddi Drew, Doing Business As Stearns Wharf Bait & Tackle (330.04)
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 a Five Year Lease Agreement And One, Five Year Option with Reginald Drew and Teddi Drew, Doing Business as Stearns Wharf Bait & Tackle, for Retail Space Located at 232 Stearns Wharf, Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation; Proposed Ordinance; (October 12, 2021, Council Agenda Report).

4. Subject: Introduction To Council Of Municipal Code Amendments And A Memorandum Of Understanding With The County Of Santa Barbara Environmental Health Services For Septic Tank Regulations (540.13) 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 Chapter 14.48 by the Repeal of Sections 14.48.180 through

14.48.220, Inclusive, and Chapter 22.04 by the Addition of Section

22.04.031 Relating to Onsite Wastewater Treatment Systems; and 10/12/2021 Santa Barbara City Council Minutes Page 3 of 9 B. Enter into a memorandum of understanding with the Santa Barbara County Environmental Health Services delegating permitting authority of onsite wastewater treatment systems.

Action: Approved the recommendation; Proposed Ordinance; (October 12, 2021, Council Agenda Report).

5. Subject: Proposed License Agreement With The National Park Service, Channel Islands National Marine Sanctuary, And The Santa Barbara Maritime Museum (330.04)
Recommendation: That Council approve a five-year license agreement with The National Park Service, Channel Islands National Marine Sanctuary, and The Santa Barbara Maritime Museum for a 547 square foot public Visitor Center space located on the third floor of the Waterfront Center Building at 113 Harbor Way.

Action: Approved the recommendation; Agreement No. 27,057; (October 12, 2021, Council Agenda Report).

6. Subject: Proposed Office Lease Agreement With Madame Rosinka (330.04)
Recommendation: That Council approve a five-year lease agreement with Madame Rosinka at an initial base rent of $935.00 per month, for the 153 square foot office space located at 221 Stearns Wharf, Unit B.

Action: Approved the recommendation; Agreement No. 27,058; (October 12, 2021, Council Agenda Report).

7. Subject: Contract For Concept Plan Development For The Chumash Cultural Project At Ambassador Park (570.05)
Recommendation: That Council authorize the Parks and Recreation Director to execute a Professional Services Agreement with KTUA, a California Corporation, in the amount of $42,500 to prepare conceptual design plans for the Chumash Cultural Project at Ambassador Park, and authorize the Parks and Recreation Director to approve expenditures of up to $2,500 for extra services that may result from necessary changes in the scope of work.

Speakers: Parks and Recreation Director Jill Zachary.
10/12/2021 Santa Barbara City Council Minutes Page 4 of 9 Action: Approved the recommendation; Agreement No. 27,059; (October 12, 2021, Council Agenda Report).

8. Subject: Contract For Design Review Services For The Union Pacific Railroad Bridges Over Cabrillo Boulevard And Los Patos Way Project (530.04)
Recommendation: That Council authorize the Public Works Director to execute a Preliminary Engineering Reimbursement Agreement with the Union Pacific Railroad in the amount of $450,000 for design review services for the Replacement of the Union Pacific Railroad Bridges over Cabrillo Boulevard and Los Patos Way Project.

Action: Approved the recommendation; Agreement No. 27,060; (October 12, 2021, Council Agenda Report).

9. Subject: Grant Funding Agreement With Santa Barbara Foundation To Support Business Retention and Recruitment (120.02)
Recommendation: That Council authorize the City Administrator to execute a grant funding agreement with the Santa Barbara Foundation to fund the Santa Barbara Better Together Fund in an amount of $75,000 to support business retention and recruitment covering the period from July 1, 2021 to June 30, 2022.

Action: Approved the recommendation; Agreement No. 27,061; (October 12, 2021, Council Agenda Report).

10. Subject: Conduct Of City Meetings During The Ongoing COVID-19 State Of Emergency (120.02)
Recommendation: That Council adopt, by reading of title, only a Resolution of the Council of the City of Santa Barbara Directing that Meetings of the City Council and City Boards and Commissions Continue to be Held by Teleconference as Authorized by Government Code § 54953(e)(1)(A) to Promote Social Distancing and Prioritize the Public’s Health and Well-being Under Santa Barbara County Health Officer Orders.

Speakers: Interim City Administrator Rebecca Bjork.

Action: Approved the recommendation; Resolution No. 21,068; (October 12, 2021, 10/12/2021 Santa Barbara City Council Minutes Page 5 of 9 Council Agenda Report).

This concluded the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that the Finance Committee heard a report from staff on the outside agenda request process for the Fiscal Year 2023 budget.

REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Jordan reported that the Ordinance Committee heard and approved for Council consideration of proposed amendments to the Santa Barbara Municipal Code regarding the small wireless facilities ordinance.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

LIBRARY DEPARTMENT

11. Subject: Transition From Integrated Library System (ILS) Operated By Black Gold To Standalone Open Source ILS Administered By Library Department And Sole Source Purchase Order For Hosting And Support Of New ILS (570.04)
Recommendation: That Council:

A. Authorize the Library Director to execute a sole source Purchase Order to ByWater Solutions in the amount of $50,530.00, plus an additional $5,053.00 for extra services according to the Sole Source provisions of Santa Barbara Municipal Code Section 4.52.070 (K) for installation and first year costs for the Koha Integrated Library System (ILS) and Aspen Discovery System in order to replace the library’s current ILS; and B. Authorize the Library Director to execute a Purchase Order to ByWater Solutions in the amount of $21,900.00, for second year costs for continued service in Fiscal Year 2023, subject to availability and budgeted funds.

Documents:
- October 11, 2021 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.
10/12/2021 Santa Barbara City Council Minutes Page 6 of 9 Speakers:
- Staff: Library Services Manager Molly Wetta; Deputy City Attorney John Doimas.
- Members of the Public: Milt Hess; E. Howard Green; Lauren Trujillo; James Marston
Discussion:
- Councilmembers’ questions were answered.

Motion:
- Councilmembers Friedman /Sneddon to approve the recommended action and provide staff direction to research the impact of the JPA agreement and report back as staff deems appropriate; Agreement No. 27,064.

Vote:

Unanimous roll call vote.

SUSTAINABILITY AND RESILIENCE DEPARTMENT

12. Subject: Solid Waste System Update (630.01)
Recommendation: That Council receive an update on the City’s Solid Waste system in preparation for the expiration of the City’s Solid Waste Collection and Disposal Franchise Contract.

Documents:
- October 11, 2021 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Acting Sustainability and Resilience Co-Director Alelia Parenteau.

Discussion:
- Councilmembers’ questions were answered and Council received the update.

RECESS
3:47 p.m. – 3:59 p.m.

CITY ATTORNEY

13. Subject: City Prosecutor Enforcement Update (160.01) 10/12/2021 Santa Barbara City Council Minutes Page 7 of 9 Recommendation: That Council receive a presentation on the City Prosecutor’s enforcement assignments and provide direction on enforcement priorities.

Documents:
- October 11, 2021 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: City Attorney Ariel Calonne; Assistant City Prosecutor Denny Wei. - Members of the Public: Matt Lowe.

Discussion:
- Councilmembers’ questions were answered and Council received the update.

QUASI-JUDICIAL HEARING RULES APPLY TO THE FOLLOWING AGENDA ITEM

PUBLIC HEARINGS

14. Subject: Appeal Of The Single Family Design Board’s Project Design Approval Of An Addition To A Single Unit Residence At 347 Salida Del Sol (640.03)
Recommendation: That Council consider the appeal of Levi and Daniela Maaia, and other nearby property owners, of the Single Family Design Board’s Project Design Approval of an addition to a single unit residence at 347 Salida Del Sol.

Documents:
- October 11, 2021 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.
- PowerPoint presentation prepared and made by appellant. - PowerPoint presentation prepared and made by applicant.

Ex parte communications:
- Mayor Murillo: was told at the site visit that the applicant has outgrown the space.
- Councilmember Jordan: had conversations and met with lead appellant Levi Maaia; had conversation with Brian Cearnal, principal or architecture representing the applicant; has visited location twice but neither time was with the site visit.

Speakers:
- Staff: Senior Planner Irma Unzueta; Assistant City Attorney Tava Ostrenger. - Appellant: Levi Maaia; Jim Aoki.
- Applicant: Erin Kanaley; Ryan Kanaley; Jeff Hornbuckle. - Single Family Design Review Board: Member Joseph Motcha.

Discussion:
10/12/2021 Santa Barbara City Council Minutes Page 8 of 9 - Councilmembers’ questions were answered.

Motion:
- Councilmembers Jordan/Friedman to deny the appeal and direct staff to return with findings that the Single Family Design Review Board made with the following changes: (1) large window on south elevation to have no balconies; (2) large window in front of loft room to have a minimum sill height of 42 inches; (3) bathroom window in the middle will have a minimum sill height of 36 inches; and (4) windows on the west elevation have a minimum sill height of 60 inches.

Vote:

Unanimous roll call vote.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. Housing Day; Cachuma Conservation Release Board meeting.
- Mayor Murillo reported on their attendance at the following events or made the following comments: 1. Housing Day.

CLOSED SESSION RECONVENED FROM OCTOBER 12, 2012 11:00 SPECIAL

MEETING
Council reconvened the Special Meeting Closed session begun at 11:00 a.m. on October 12, hearing the following item:

1. Subject: Conference with Labor Negotiator
Recommendation: That Council hold a closed session pursuant to the authority of Government Code Section 54957.6 to consider instructions to City negotiator Wendy Levy, Human Resources Director, Sam Ramirez Administrative Analyst III, Keith De Martini, Finance Director regarding negotiations with, Service Employees’ International Union, Local 620, Treatment and Patrol Bargaining Units, Fire Management Association, Santa Barbara City Firefighters Association, Santa Barbara City Supervisory Employees.

SCHEDULING: Duration, 40 Minutes; anytime
REPORT: None anticipated
Documents:
- October 12, 2021 report from the City Administrator
10/12/2021 Santa Barbara City Council Minutes Page 9 of 9 Time:
- 11:04 a.m. – 11:48 a.m.

No report made.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 6:13 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
03/15/2022 Santa Barbara City Council Minutes Page 1 of 6

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
MARCH 15, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:05 p.m. and announced that the meeting is being held via teleconference. Mayor Pro Tem Meagan Harmon is participating electronically and the remainder of Mayor and Council are participating from Council Chambers. (The Finance Committee and Ordinance Committee, which ordinarily meet at 12:00 p.m., did not meet today.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: None.

Staff present: City Administrator Rebecca Bjork, City Attorney Ariel Calonne, Deputy City Clerk Yazmin Dominguez.

Mayor Rowse announced some of the special items from the earlier meeting are continued after the Regular meeting adjourns.

CHANGES TO THE AGENDA

PUBLIC COMMENT
Members of the Public: Amber Asher.

ITEMS REMOVED FROM CONSENT CALENDER

5. Subject: Professional Services Agreement With Santa Barbara Airbus, Inc.

For Cruise Ship Passenger Shuttle Service
03/15/2022 Santa Barbara City Council Minutes Page 2 of 6 Recommendation: That Council authorize the Waterfront Director to execute a Professional Services Agreement with Santa Barbara Airbus, Inc. for the Cruise Ship Passenger Shuttle Service at a rate not to exceed $50,475.

Documents:

March 15, 2022, report from the Waterfront Department.

Speakers:
- Staff: Waterfront Director Mike Wiltshire.
- Members of the Public: None.

Motion:

Councilmembers Jordan/Friedman to approve the recommended actions; Agreement No. 28,039.

Vote:

Majority roll call vote (Noes: Councilmember Sneddon)
CONSENT CALENDAR (Item Nos. 1-4, 6-9)
The titles of the Ordinances and Resolutions were read.

Motion:

Councilmembers Jordan/Friedman to approve the recommended actions.

Vote:

Unanimous roll call vote.

1. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meetings of September 28, 2021 and November 9, 2021; and the minutes of the special meetings of June 21, 2021 (first meeting), June 21, 2021 (second meeting), June 24, 2021, July 1, 2021, August 10, 2021, and September 14, 2021.

Action: Approved the recommendation.

2. Subject: Adoption Of An Ordinance For A Proposed Lease Agreement With Channel Islands Outfitters, Inc. Doing Business As Paddle Sports Of Santa Barbara, Located At 117 B Harbor Way
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 a Five-Year Lease Agreement with One, Five-Year Option with Channel Islands Outfitters, Inc. dba Paddle Sports of Santa Barbara, for the 956 Square Foot Retail Store at 117 B Harbor Way Commencing Upon the Effective Date of the Enabling Ordinance.
03/15/2022 Santa Barbara City Council Minutes Page 3 of 6 Action: Approved the recommendation; Ordinance No. 6061 (March 15, 2022 Council Agenda Report).

3. Subject: Adoption Of An Ordinance For A Proposed Assignment Of Lease Agreement No. 27,008 – Seacoast Of Santa Barbara, Inc. Located At 125 Harbor Way
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 a Consent to Lease Assignment of Lease Agreement No. 27,008 for Seacoast of Santa Barbara, Inc. at 125 Harbor Way Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation; Ordinance No. 6062 (March 15, 2022 Council Agenda Report).

4. Subject: Adoption Of Resolution To Accept A Public Street Easement At 920 Lowena Drive
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Accepting a Street Easement Deed on the Private Property Known as 920 Lowena Drive.

Action: Approved the recommendation; Resolution No. 22-018 (March 15, 2022 Council Agenda Report; Proposed Ordinance).

6. Subject: Contract For Construction Support Services For The Fiscal Year 2022 Wastewater Main Rehabilitation Project
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with Water Systems Consulting, Inc., in the amount of $88,226 for construction support services for the Fiscal Year 2022 Wastewater Main Rehabilitation Project, and approve expenditures of up to $8,822 to cover any additional cost that may result from necessary changes in the scope of work.

Action: Approved the recommendation; Agreement No. 28,040 (March 15, 2022 Council Agenda Report).

7. Subject: Memorandum Of Understanding With County Of Santa Barbara To Provide Parking At City Parking Lot 6 In Support Of Dignity Moves Project Recommendation: That Council authorize the City Administrator to enter into a Memorandum of Understanding with the County of Santa Barbara to provide parking in support of the Dignity Moves Homeless Housing project. 03/15/2022 Santa Barbara City Council Minutes Page 4 of 6 Action: Approved the recommendation; Agreement No. 28,041 (March 15, 2022 Council Agenda Report).

8. Subject: Sole Source Purchase Order For An All Electric Library On The Go Vehicle
Recommendation: That Council authorize the Library Director to execute a sole source Purchase Order to Phoenix Motorcars in the amount of $193,905 plus an additional $19,390 for extra services according to the Sole Source provisions of Santa Barbara Municipal Code Section 4.52.070 (K) in order to purchase an allelectric Library on the Go vehicle.

Action: Approved the recommendation (March 15, 2022, Council Agenda Report and any attachments).

9. Subject: Response To Santa Barbara County Grand Jury December 20, 2021 Report: Zoning And Permitting Issue In The City Of Santa Barbara Recommendation: That Council review and authorize the City Attorney’s response to the Santa Barbara County Grand Jury December 20, 2021 Report: Zoning and Permitting Issue in the City of Santa Barbara.

Action: Approved the recommendation (March 15, 2022, Council Agenda Report and any attachments).

This concludes the Consent Calendar.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC HEARINGS

10. Subject: Public Hearing For The 2022 Downtown And Old Town Business Improvement Districts Assessments
Recommendation: That Council:

A. Conduct a public hearing and consider appropriate protests to the renewal of the Downtown and Old Town Business Improvement Districts Assessments for 2022, as required under the California Parking and Business Improvement Area Law of 1989; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Confirming the Fiscal Year 2022 Downtown and Old Town Business Improvement District Annual Assessment Report and Renewing the Downtown Business Improvement District and Old Town Business Improvement District Assessments for 2022.
03/15/2022 Santa Barbara City Council Minutes Page 5 of 6 Documents:
- March 15, 2022 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Senior Assistant to the City Administrator Brandon Beaudette - Presentation Staff: Downtown Santa Barbara Executive Director Robin Elander.
- Members of the Public: None.

Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Jordan/Sneddon to approve the recommended action.

Vote:

Unanimous roll call vote.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. La Colina Junior High School Walk through the Middle Ages 2. City Library Advisory Committee Meeting 3. County Library Ad Hoc Committee on regional library governance.
- Councilmember Harmon reported on their attendance at the following events or made the following comments: 1. California Coastal Commissions, the commission voted unanimously to give the City of Santa Barbara a grant of over 2 million dollars to implement four different sustainability projects in the City. - Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. Two Redistricting Meetings 2. Lot 3 Paseo Working Group Meeting 3. State of the Zoo Breakfast 4. Family Therapy Room Unveiling for late father in law named in his honor Tom Sneddon. - Mayor Rowse reported on their attendance at the following events or made the following comments: 1. National Service Award Reception

PUBLIC COMMENT (IF NECESSARY)
RECESS
Mayor Rowse recessed to close session at 3:03 p.m. and stated that no reportable action is anticipated.

CLOSED SESSIONS
03/15/2022 Santa Barbara City Council Minutes Page 6 of 6

11. Subject: Conference With City Attorney -- Anticipated Litigation -- Gov. Code § 54956.9(d)(4): Initiation Of Litigation On One Matter () Recommendation: That Council hold a closed session to consider initiating litigation pursuant to subsection (d)(4) of Section 54956.9 of the Government Code and take appropriate action as needed (one potential case).

Scheduling: Duration, 30 minutes; anytime
Report: None anticipated
Documents:
- Report from the City Attorney
Time:
- 3:27 p.m. - 3:54 p.m.

No report made.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 3:54 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
04/27/2021 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
APRIL 27, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 11:00 a.m. and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations.

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (arrived 11:41 a.m.), Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Robert Stough.

PUBLIC COMMENT
Members of the Public: There were no members of the public present to speak.

RECESS
Mayor Murillo recessed to closed session at 11:03 a.m. and stated that no reportable action is anticipated.

CLOSED SESSIONS

1. Subject: Conference With City Attorney – Existing Litigation – Gov. Code § 54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
04/27/2021 Santa Barbara City Council Minutes Page 2 of 3 The pending litigation is Thomas Felkay as Trustee of the Emprise Trust v. COSB, et al. SBSC Case No. 17CV03351.

Scheduling: Duration, 30 minutes; anytime
Report: None anticipated
Document:
- April 27, 2021, report from City Attorney.

Time:
- 11:03 a.m. - 11:37 a.m.

No report made.

2. Subject: Conference With City Attorney – Existing Litigation – Gov. Code § 54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is SBMR, LLC, et al. v. City of Santa Barbara, SBSC Case Numbers 20CV02842, 20CV03531, 20CV03532, 20CV03901, 20CV03906.

Scheduling: Duration, 30 minutes; anytime
Report: None anticipated
Document:
- April 27, 2021, report from City Attorney.

Time:
- 11:37 a.m. – 11:48 a.m.

No report made.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 11:48 a.m.
04/27/2021 Santa Barbara City Council Minutes Page 3 of 3 Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/03/2021 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MAY 3, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 1:30 p.m. and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations.

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, Deputy City Clerk Robert Stough.

PUBLIC COMMENT
Members of the Public: There were no members of the public present to speak.

PUBLIC HEARING

1. Subject: Fiscal Year 2022 Recommended Operating And Capital Budget (230.05)
Recommendation: That Council hear a presentation from the Library Department and the Airport Department regarding their Fiscal Year 2022 Recommended Budget as contained in the Proposed Two-Year Financial Plan for Fiscal Years 2022 and 2023.

Public Hearing opened: 1:32 p.m.
05/03/2021 Santa Barbara City Council Minutes Page 2 of 2 Documents:
- May 3, 2021, report from the Finance Director.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Library Director, Jessica Cadiente; Library Services Manager, Molly Wetta; Library Services Manager, Kristina Hernandez; Budget Manager, Brandon Beaudette
- Members of the Public: Barbara Hershberg, Milt Hess, Jim Stern, Anne Howard, E. Howard Green, Barbara Anderson, Jim Jackson, Lauren Trujillo, Marissa Miller, Mackenzie Wildman, Margaret Kroko.

RECESS: 3:55 p.m. – 4:02 p.m.

Documents:
- May 3, 2021, report from the Finance Director.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Airport Director, Henry Thompson; Business Development Manager, Deanna Zachrisson; Business Services Manager, Jonathan Abad - Members of the Public: None
RECESS
4:26 p.m. – 4:32 p.m.

Public Hearing closed: 5:09 p.m.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 5:10 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/05/2021 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MAY 5, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 9:00 a.m. and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations.

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

PUBLIC COMMENT
Members of the Public: There were no members of the public present to speak.

PUBLIC HEARINGS

1. Subject: Fiscal Year 2022 Recommended Operating And Capital Budget (230.05)
Recommendation: That Council hear a presentation from the Fire, Information Technology, and Waterfront Departments regarding their Fiscal Year 2022 Recommended Budget as contained in the Proposed Two-Year Financial Plan for Fiscal Years 2022 and 2023.

Public Hearing opened: 9:02 a.m.
05/05/2021 Santa Barbara City Council Minutes Page 2 of 3 Documents:
- May 5, 2021, report from the Finance Department.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Fire Chief Chris Mailes; Fire Business Manager Ron Liechti; Fire Marshal Joe Poire
Documents:
- May 5, 2021, report from the Finance Department.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Waterfront Director Mike Wiltshire; Waterfront Business Manager Brian Bosse
- Members of the Public: Christopher Voss, Kim Selkoe, Barbara Rose Hoover, Marco Ferrell, Michael Nelson.

RECESS: 11:22 a.m. – 11:28 a.m.

Documents:
- May 5, 2021, report from the Finance Department.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Acting Information Technology Director Matt Fore; Acting Information Technology Manager Rudy Fidler
Public Hearing closed: 1:03 p.m.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 1:04 p.m.
05/05/2021 Santa Barbara City Council Minutes Page 3 of 3 Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/07/2021 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MAY 7, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, Deputy City Clerk.

PUBLIC COMMENT
Members of the Public: There were no members of the public present to speak.

PUBLIC HEARINGS

1. Subject: Fiscal Year 2022 Recommended Operating And Capital Budget (230.05)
Recommendation: That Council hear a presentation from the City Administrator’s Office, Mayor & Council, Human Resources Department, and the Finance Department regarding their Fiscal Year 2022 Recommended Budget as contained in the Proposed Two-Year Financial Plan for Fiscal Years 2022 and 2023.

Public Hearing opened: 9:04 a.m.
05/07/2021 Santa Barbara City Council Minutes Page 2 of 2 Documents:
- May 7, 2021, report from the Finance Director
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Senior Assistant to the City Administrator Nina Johnson; City Clerk Services Manager Sarah Gorman, City Administrator Paul Casey - Members of the Public: Sarah York-Rubin, E. Howard Green Documents:
- May 7, 2021, report from the Finance Department
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Human Resources Director Wendy Levy; Administrative Analyst Sam Ramirez, Senior Human Resources Analyst Graciela Reynoso RECESS: 10:50 a.m. – 10:57 a.m.

Documents:
- May 7, 2021, report from the Finance Department.
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Finance Director Keith DeMartini; Budget Manager Brandon Beaudette; Accounting Manager Mark Sewell; General Services Manager Bill Hornung; Finance Treasury Manager Jennifer Tomaszewski; Risk Manager Mark Howard
Public Hearing closed: 12:08 p.m.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 12:09 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/10/2021 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MAY 10, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

PUBLIC COMMENT
Members of the Public: There were no members of the public present to speak.

PUBLIC HEARINGS

1. Subject: Fiscal Year 2022 Recommended Operating And Capital Budget (230.05)
Recommendation: That Council hear a presentation from the Parks & Recreation Department regarding their Fiscal Year 2022 Recommended Budget as contained in the Proposed Two-Year Financial Plan for Fiscal Years 2022 and 2023.

Public Hearing opened: 1:32 p.m.

Documents:
05/10/2021 Santa Barbara City Council Minutes Page 2 of 2 - May 10, 2021, report from the Finance Department
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Parks & Recreation Director, Jill Zachary; Creeks Division Manager, Cameron Benson; Parks & Recreation Assistant Director, Jazmin LeBlanc; Recreation Manager, Rich Hanna
RECESS: 3:12 p.m. – 3:21 p.m.
- Members of the Public: Kathy McGill, Beebe Longstreet, Darryl Scheck, Anna Marie Gott, Gayle Osherenko, Victoria Valente, Teela Blacklaw Public Hearing closed: 4:15 p.m.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 4:16 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/18/2021 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MAY 18, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

PUBLIC COMMENT

CLOSED SESSION

1. Subject: Conference Involving Joint Power Agency – Central Coast Water Authority (CCWA) (160.01)
Recommendation: That Council hold a closed session pursuant to Government Code Sections 54956.96 and 54956.9 to discuss and take action, if necessary, as follows:

CONFERENCE INVOLVING A JOINT POWERS AGENCY: Central Coast Water Authority
05/18/2021 Santa Barbara City Council Minutes Page 2 of 2 Discussion will concern: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4): 1 case
Name of City representative on joint powers agency board: Councilmember Friedman
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case
Scheduling: Duration, 45 Minutes; anytime
Report: None anticipated
Document:
- May 18, 2021 report from the City Attorney.

Time:
- 11:00 a.m. – 11:50 a.m.

No report made.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 11:50 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/19/2021 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MAY 19, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 9:00 a.m., and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations.

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

PUBLIC COMMENT

PUBLIC HEARINGS

1. Subject: Fiscal Year 2022 Recommended Operating And Capital Budget (230.05)
Recommendation: That Council hear a presentation from the Community Development and Sustainability & Resilience Departments regarding their Fiscal Year 2022 Recommended Budget as contained in the Proposed TwoYear Financial Plan for Fiscal Years 2022 and 2023.

Documents:

May 19, 2021, report from Community Development.
05/19/2021 Santa Barbara City Council Minutes Page 2 of 3 - Speakers:

Staff: Acting Community Development Director, Rebecca Bjork, Business Manager, James Hamilton, Housing & Human Services Manager, Laura Dubbels, Chief Building Official, Tina Dye, City Planner, Renee Brooke
Members of the Public: Rich Sander (SB ACT)
- Discussion:

The Community Development Department presented their
recommended Fiscal Year 2022 budgets to the Mayor and Council as contained in the Proposed Two-Year Financial Plan for fiscal years 2022 and 2023. Councilmembers’ questions were answered regarding how much efficiency can be gained by waiting until State Legislature to play out for some time; How are they tracking how many units are produced or income level or set to be produced in association with housing; Accela – is it close to being working functionally; What is the interface of how the Economic Development Manager and the Business Liaison working; Which Board now has purview over Grading; Quarterly update on Housing production; Rehabilitation Loan Program; Grants through the Federal Government regarding Homelessness and Shelters; 90 Year affordability covenant; Novak Report implementations and Ordinance amendments; State mandates and FAR’s; Dissolution of Successor Agency; Increase to certain fees by going paperless to 100% digital; telecommuting program; possible evictions in regards to pandemic. - Documents:

May 19, 2021, report from the Sustainability & Resilience Department - Speakers:

Staff: Acting Sustainability & Resilience Co-Director, René Eyerly; Energy & Climate Manager, Alelia Parenteau
- Discussion:

The Sustainability & Resilience Department presented their recommended Fiscal Year 2022 budgets to the Mayor and Council as contained in the Proposed Two-Year Financial Plan for fiscal years 2022 and 2023. Councilmembers’ questions were answered regarding Regeneration Project and current status of Tajigus Resource Center; any new infrastructure regarding lighting needed throughout the City, especially the Westside.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 12:16 p.m.
05/19/2021 Santa Barbara City Council Minutes Page 3 of 3 Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
06/09/2021 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
JUNE 9, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 5:00 p.m. and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations.

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon (arrived 5:08 p.m, excused 5:11 p.m.), Mayor Murillo.

Councilmembers absent: None.

Staff present: Assistant City Administrator Rebecca Bjork, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

CLOSED SESSION

The pending litigation is Jennifer Tomaszewski v. COSB, et al. SBSC Case No. 21CV02185.

Scheduling: Duration, 1 hour; anytime
06/09/2021 Santa Barbara City Council Minutes Page 2 of 2 Report: None anticipated
Document:
- June 9, 2021, report from City Attorney.

Time:
- 5:03 p.m. – 6:04 p.m.

No report made.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 6:04 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
06/21/2021 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
JUNE 21, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 1:30 p.m.

ROLL CALL
Councilmembers present: O. Gutierrez, Meagan Harmon, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: Councilmembers Mike Jordan, Eric Friedman, A. Gutierrez.

Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne.

SITE VISIT

1. Subject: 825 De La Vina Street (640.07)
Recommendation: That Council make a site visit to the property located at 825 De la Vina Street; the Architectural Board of Review's Final Approval of a 21- unit, mixed-used development at 825 De la Vina Street.

Discussion:

City staff presented appeal issues to Council. Staff answered questions from Council on scope of project. Council walked the perimeter of the site.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 1:40 p.m.
06/21/2021 Santa Barbara City Council Minutes Page 2 of 2 Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
10/12/2021 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
OCTOBER 12, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: Interim City Administrator Rebecca Bjork, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

CLOSED SESSION

SCHEDULING: Duration, 40 Minutes; anytime
10/12/2021 Santa Barbara City Council Minutes Page 2 of 3 REPORT: None anticipated
Time:
11:04 a.m. – 11:48 a.m.

No report made.

2. Subject: Conference Involving Central Coast Water Authority Government Code § 54956.96
Recommendation: That Council hold a closed session pursuant to Government Code Section 54956.96 to discuss and take action, if necessary, on matters involving the Central Coast Water Authority as follows:

CONFERENCE INVOLVING CENTRAL COAST WATER AUTHORITY
(Government Code § 54956.96)
Discussion will concern:

CLOSED SESSION A. CLOSED SESSION: CONFERENCE WITH REAL
PROPERTY NEGOTIATORS Government Code section 54956.8 Property:

State Water Supply Contract Agency negotiator: Ray Stokes and Legal Counsel Negotiating parties: Department of Water Resources and State Water Contractors Under negotiation: Price and Terms.

Name of City representative CCWA Board: Councilmember Eric Friedman Scheduling: Duration, 15 Minutes; anytime
Report: None anticipated
Time:
11:48 a.m. – 12:07 p.m.

No report made.

3. Subject: Conference With City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is Stephen Price v. City of Santa Barbara USDC Case No. 2:21-cv-00888.
10/12/2021 Santa Barbara City Council Minutes Page 3 of 3 Scheduling: Duration, 30 mins; anytime
Report: None anticipated
Time:
12:07 p.m. – 12:26 p.m.

No report made.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 12:26 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
03/10/2022 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MARCH 10, 2022
PALM PARK BEACH HOUSE, 236 E CABRILLO BLVD

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.

Councilmembers absent: None.

Staff present: Interim City Administrator Rebecca Bjork, City Attorney Ariel Calonne, City Clerk Sarah Gorman.

PUBLIC HEARINGS

1. Subject: Budget Work Session For Fiscal Year 2023 (230.05) Recommendation: That Council hear a presentation from staff related to the development of the Fiscal Year 2023 budget and provide direction to staff.

Documents:
- March 10, 2022, report from the Finance Director
- PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Rebecca Bjork, City Administrator; Keith DeMartini, Finance Director; Ariel Calonne, City Attorney; Justin Cure, Information Technology Director; Wendy Levy, Human Resources Director; Alelia Parenteau, Acting Sustainability and Resilience Director; Clifford Mailes, 03/10/2022 Santa Barbara City Council Minutes Page 2 of 2 Public Works Director; Brian D’Amour, Interim Airport Director; Jill Zachary, Parks and Recreation Director.
- Members of the Public: None.

Discussion:
- Staff discussed budget issues including answering budget questions, understanding revenue trends, realizing cost drivers, acknowledging economic impacts, prioritization, and planning beyond the one year budget. Councilmembers’ questions were answered.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 4:23 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
03/15/2022 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MARCH 15, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:00 a.m. and announced that the meeting is being held via teleconference. Mayor and Council are participating from Council Chambers.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (11:08 a.m.), Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: None.

Staff present: City Administrator Rebecca Bjork, City Attorney Ariel Calonne, Deputy City Clerk Yazmin Dominguez.

PUBLIC COMMENT
Members of the Public: None.

CLOSED SESSION

1. Subject: Conference With Labor Negotiator
Recommendation: That Council hold a closed session pursuant to the authority of Government Code Section 54957.6 to consider instructions to City negotiator Wendy Levy, Human Resources Director, Sam Ramirez Administrative Analyst III, Keith DeMartini, Finance Director, regarding negotiations with, Santa Barbara City Employees’ Association (General Bargaining Unit) Local 620 Service Employees’ International Union, Service Employees’ International Union, Local 620, Treatment and Patrol Bargaining Units, Fire Management Association, Santa Barbara City Firefighters Association, Police Officers Association, Santa Barbara City 03/15/2022 Santa Barbara City Council Minutes Page 2 of 3 Supervisory Employees, and Unrepresented Management and Confidential Employees.

Scheduling: Duration, 40 Minutes; anytime
Report: None anticipated
Document:
- March 15, 2022 report from the City Administrator
Time:
- 11:07 a.m. – 12:47 p. m.

No report made.

2. Subject: Conference With City Attorney – Existing Litigation – Gov. Code § 54956.9(d)(1)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is People of the City of Santa Barbara and of the County of Santa Barbara, Who Are Unhoused, as a Class Represented by P. Boring, etc. v.

Cathy Murillo, et al. USDC No. 2:21-cv-7305-DOC-KES.

Scheduling: Duration, 30 mins; anytime
Report: None anticipated
Document:
- March 15, 2022 report from the City Attorney
Time:
- 12:48 a.m. – 1:58 p. m.

RECESS
1:58 p.m – 3:12 p.m.

Resumed 3:13 p.m. – 3:26 p.m in 2:00 p.m. Regular Meeting of the same date.

No report made.

3. Subject: Conference With City Attorney – Existing Litigation – Gov. Code § 54956.9(d)(1)
03/15/2022 Santa Barbara City Council Minutes Page 3 of 3 Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is Committee for Social Justice, et al. v. COSB, et al. SBSC Case No. 20CV02821.

Scheduling: Duration, 30 mins.

Report: None anticipated
Document:
- March 15, 2022 report from the City Attorney
Time:
- 12:48 a.m. – 1:58 p. m. resumed 3:13 p.m. – 3:26 p.m.

No report made.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 3:26 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on April 12, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
ORDINANCE NO. _______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA ADOPTING THE 2021-2023

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF SANTA BARBARA AND THE PATROL

OFFICERS' AND TREATMENT PLANTS' BARGAINING
UNITS (TAP UNITS).

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

SECTION 1. The Memorandum of Understanding between the City of Santa Barbara and the Service Employees' International Union, Local 620, Airport and Harbor Patrol Officers' and Treatment Plants' Bargaining Units, entered into as October 1, 2021 and attached hereto and incorporated herein by reference as Exhibit "A" (hereinafter the “M.O.U.”) is hereby adopted.

SECTION 2. During the term of the M.O.U., the City Administrator is hereby authorized to implement the terms of the M.O.U. without further action by the City Council, unless such further Council action is required by state or federal law.

Agenda Item No. 5
File Code No. 440.02
2021-2023 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SANTA BARBARA
AND
SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL 620, CTW, CLC,

AIRPORT AND HARBOR PATROL OFFICERS' AND

TREATMENT PLANTS' BARGAINING UNITS
THIS AGREEMENT IS ENTERED INTO AS OF ______________ BETWEEN THE CITY OF SANTA BARBARA, HEREINAFTER REFERRED TO AS THE "CITY", AND THE SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL 620, CTW, CLC, HEREINAFTER REFERRED TO AS "UNION." Pursuant to Section 3.12 of the Municipal Code of the City of Santa Barbara and Section 3500 et seq. of the Government Code, the duly authorized representatives of the City and the Union, having met and conferred in good faith concerning the issue of wages, hours, and terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.

FOR THE CITY: FOR THE UNION:

Wendy Levy
Human Resources Director
Laura Robinson,
SEIU Local 620 Field Representative
Sam Ramirez
Administrative Analyst III
_________________________________
Simon Perez, Wastewater Collections
Keith DeMartini
Finance Director
_________________________________
________________________________
Jasper Allen, Wastewater Treatment
John Doimas
City Attorney Rick Callahan, Airport Patrol Officer II
_________________________________
Amanda Flesse
Wastewater System Manager
_________________________________
Aaron Keller
Airport Operations Manager
Rick Hubbard, Harbor Patrol Officer
________________________________
Ryan Cullom, Airport Operations
________________________________
Jeff Beardsmore, Water Treatment
________________________________
Jeff Becker, Water Distribution
________________________________
SEIU Local 620 Field Representative
Exhibit A
1 TABLE OF CONTENTS
Alphabetical by Article Title

ARTICLE TITLE PAGE

1. BENEFITS DURING LEAVE WITHOUT PAY.................................................................................. 3

2. BENEFITS- PART-TIME EMPLOYEES ........................................................................................... 3

3. BEREAVEMENT LEAVE ................................................................................................................. 3

4. BILINGUAL SKILLS ......................................................................................................................... 3

5. BULLETIN BOARDS ........................................................................................................................ 4

6. CAFETERIA PLAN ........................................................................................................................... 4

7. CATASTROPHIC LEAVE ................................................................................................................ 4

8. CHILD CARE ................................................................................................................................... 5

9. COMMERCIAL DRIVER’S LICENSE .............................................................................................. 5

10. DISABILITY RETIREMENT ............................................................................................................. 5

11. DISCIPLINARY ACTION.................................................................................................................. 5

12. DOMESTIC PARTNERSHIP BENEFITS ......................................................................................... 5

13. DRESS CODES ............................................................................................................................... 5

14. DRUG AND ALCOHOL TESTING POLICIES ................................................................................. 6

15. EQUAL EMPLOYMENT OPPORTUNITY ........................................................................................ 6

16. FLEXIBLE STAFFING ...................................................................................................................... 6

17. GRIEVANCES/DISPUTES............................................................................................................... 6

18. HARBOR AND AIRPORT PATROL SPECIAL DUTY ASSIGNMENT ............................................ 9

19. HEALTH AND SAFETY ................................................................................................................... 9

20. HEALTH INSURANCES (MEDICAL, DENTAL, VISION) .............................................................. 10

21. HOLIDAYS ..................................................................................................................................... 10

22. IMPLEMENTATION OF MOU ........................................................................................................ 11

23. JURY/WITNESS DUTY .................................................................................................................. 12

24. LAYOFF POLICY ........................................................................................................................... 12

25. LEAD PAY ...................................................................................................................................... 13

26. LEAVE OF ABSENCE ................................................................................................................... 13

27. LIFE INSURANCE ......................................................................................................................... 14

28. LONG-TERM DISABILITY ............................................................................................................. 14

29. MAINTENANCE OF BENEFITS .................................................................................................... 14

30. MANAGEMENT RIGHTS ............................................................................................................... 14

31. MUNICIPAL CODE CHANGES ..................................................................................................... 15

32. NO STRIKE OR LOCKOUT ........................................................................................................... 15

33. OFFICER STATUS ........................................................................................................................ 15

34. OVERTIME .................................................................................................................................... 15

35. PAYROLL ....................................................................................................................................... 16

36. PERSONAL LEAVE ....................................................................................................................... 17

37. PERSONAL PROPERTY DAMAGE REIMBURSEMENT ............................................................. 19

38. PROBATIONARY PERIOD ............................................................................................................ 19

39. PURPOSE ...................................................................................................................................... 20

40. RECOGNITION .............................................................................................................................. 20 2 41. RECRUITMENT ............................................................................................................................. 20

42. RENEWAL AND WAIVER.............................................................................................................. 21

43. REOPENER ON AIRPORT LAW ENFORCEMENT ...................................................................... 21

44. REPRESENTATION - UNION OFFICERS AND STEWARDS ...................................................... 21

45. RETIREE MEDICAL INSURANCE CONTRIBUTION .................................................................... 21

46. RETIREMENT ................................................................................................................................ 22

47. RETIREMENT-- DEFERRED COMPENSATION .......................................................................... 23

48. RETROACTIVITY .......................................................................................................................... 24

49. SAFETY EQUIPMENT................................................................................................................... 24

50. SALARIES ...................................................................................................................................... 24

51. SERVICE CREDIT FOR SICK LEAVE UPON RETIREMENT ...................................................... 26

52. SEVERABILITY .............................................................................................................................. 26

53. SHIFT DIFFERENTIAL .................................................................................................................. 26

54. SICK LEAVE .................................................................................................................................. 27

55. STANDBY PAY .............................................................................................................................. 27

56. STATE DISABILITY INSURANCE (SDI) AND STATE PAID FAMILY LEAVE INSURANCE (PFL) ........................................................................................................................ 29

57. TERM OF AGREEMENT ............................................................................................................... 29

58. TRAINING ...................................................................................................................................... 29

59. UNAUTHORIZED LEAVE/SUSPENSION ..................................................................................... 31

60. UNIFORM MAINTENANCE ALLOWANCE ................................................................................... 31

61. UNION BUSINESS ATTENDANCE ............................................................................................... 32

62. UNION NOTICE- EMPLOYEE ORIENTATION & INTERDEPARTMENTAL TEAMS ................... 32

63. UNION STEWARDS ...................................................................................................................... 32

64. UNION SECURITY (AGENCY SHOP & MAINTENANCE OF MEMBERSHIP) ............................ 32

65. USE OF COMPUTER RESOURCES ............................................................................................ 33

66. VACATION POLICY ....................................................................................................................... 34

67. VACATION & SICK LEAVE ADVANCED CREDIT UPON HIRE ................................................... 34

68. WORK SCHEDULE ....................................................................................................................... 34

69. WORKERS' COMPENSATION ...................................................................................................... 35

70. WORKING OUT OF CLASSIFICATION ........................................................................................ 36 Appendix A - Shift Differential Examples
Appendix B - Child Care Policies
Appendix C- City of Santa Barbara Drug and Alcohol Testing Policy Appendix D- 9/80 Work Schedule Policy
3 1. BENEFITS DURING LEAVE WITHOUT PAY
No sick leave, vacation, or holidays shall accrue to any employee during any full biweekly pay period in which the employee is on unauthorized or authorized leave without pay. Employees on leave without pay shall also be responsible for full payment (employer and employee portion) of insurance premiums except as otherwise provided in this MOU.

2. BENEFITS- PART-TIME EMPLOYEES
a. Employees filling positions authorized by City Council in the City’s official list of authorized positions at 20 hours or more per week on a less than full-time basis shall receive benefits (holiday, vacation, and sick leave) as follows:
i. Cafeteria plan contribution, medical contribution, dental contribution, vision contribution, holiday time, bilingual pay, and other benefits, equal to the percent of time regularly scheduled versus a regular work week rounded up to the nearest ten percent (10%), unless otherwise stipulated in this Agreement.. ii. Vacation, and sick leave equal to the percent of time worked versus a regular work week rounded up to the nearest ten percent (10%).
b. Employees who were already filling positions authorized by City Council in the official 2004-2005 Position and Salary Control Resolution at more than 20 hours per week on a less-than-full-time basis on September 24, 2004 will continue to receive full-time health benefits (cafeteria plan contribution, medical contribution, dental contribution, vision contribution).

3. BEREAVEMENT LEAVE
a. The City's bereavement leave policy shall provide up to 40 hours leave with pay for immediate family members. Immediate family is defined as mother, father, brother, sister, spouse/domestic partner, child, grandparents by blood or marriage, grandchildren by blood or marriage, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, person standing in loco parentis (in place of the parent), and step family members. In order to receive this benefit, domestic partners must be registered with the City Clerk’s office or the Secretary of State.

The intent of bereavement leave is to provide employees with adequate time to be with their immediate family during a period of anguish, whether it be at the time of death, preparation of funeral arrangements and/or to attend a funeral.
b. The parties agree that co-worker funeral attendance will be acceptable to the City upon Department Head approval consistent with maintenance of operations. c. Though bereavement leave pay is not applicable, the City shall encourage departments to make reasonable efforts to allow employees to use accrued vacation, compensatory, time or personal leave to attend the funeral of an aunt, uncle or cousin.

4. BILINGUAL SKILLS
a. The City and the Union agree to encourage employees to voluntarily develop bilingual skills in instances where the public contact nature of their jobs would make such skills valuable.

Any employee who is requested by the City and whose duty assignments require frequent and regular use of bilingual language skills in Spanish and in English with members of the public shall be designated by the Department Head in writing and said designation shall be approved by the Human Resources Manager, who shall test and certify the employees for language proficiency. 4 Departments will be limited to two (2) employees as being designated for use of bilingual skills in each major division or department. "Major Division" shall be determined by the Department Head.

As used in this section, the phrase "regular and frequent" means at least several times in each working day.

Designation of the bilingual language skill is restricted to the actual needs of the position. An employee's ability to read, write or speak Spanish occasionally or, incidental use of language skills in Spanish, or the use of bilingual skills other than for the purpose of meeting the requirements of the job shall not warrant a bilingual designation.
b. The City shall provide an updated list of designated employees at the Union's written request no more than once every six (6) months.
c. All employees designated for use of bilingual skills by their Department Head shall receive $64.00 per pay period.

5. BULLETIN BOARDS
The City agrees to furnish space for Union-purchased bulletin boards of a reasonable size for posting of Union material. The specific locations of the bulletin boards shall be approved by the City and shall include but not be limited to the following work stations:

Harbor Patrol Office Water Treatment Plant
Airport Administration Building Wastewater Treatment Plant Parks Division
Other work stations may be added upon approval of the City.

6. CAFETERIA PLAN
a. A flexible benefits plan known as a "125 Cafeteria Plan" and the "pre-tax advantage" provisions related to an employee's medical, dental, vision, psychological and supplemental life insurance premium contributions and flexible spending accounts within the meaning of Section 125 (d) of the Internal Revenue Code shall be provided to employees. Each employee shall be eligible to allocate a discretionary amount of $313.74 per month for the term of this Agreement. Effective January 1, 2019, the discretionary amount will increase to $328.74 per month.
b. If medical, dental, and vision insurance plan selections exceed the cafeteria plan allocation, the City will pay the difference of these respective insurance premiums up to the amounts in the Medical Insurance, Dental Insurance and Vision Insurance sections of the Health Insurances article of this MOU; said excess premium payments cannot be applied to any other element of the cafeteria plan.

7. CATASTROPHIC LEAVE
Employees will be covered by the Citywide Catastrophic Leave Policy, dated September 22, 2016, and incorporated herein by reference. This policy allows employee donation of eligible accrued time off to a coworker dealing with a catastrophic illness or injury to the coworker and/or the coworker’s spouse, registered domestic partner, or child.
5 8. DEPENDENT CARE
The City will provide a pre-tax salary reduction plan for dependent care needs in accordance with Section 129 of the Internal Revenue Code.

9. COMMERCIAL DRIVER’S LICENSE
When an employee is appointed to a position where a commercial driver’s license is required, the City will allow the employee up to 6 months following initial appointment to obtain the commercial driver’s license, unless the employee had a commercial driver’s license prior to being appointed.

10. DISABILITY RETIREMENT
a. An employee found physically or mentally incompetent to perform his/her regular duties shall be provided with the opportunity for transfer, promotion or demotion to a position for which he/she possesses the physical or mental competence, if possible, or other action pursuant to State law and/or City Charter. b. An employee later found not to be disabled shall be reinstated with back pay and benefits to the date such pay and benefits ceased.
c. In no case shall an industrially injured employee be entitled to use sick leave benefits to postpone the effective date of retirement.
d. An employee eligible to retire for non-industrial disability shall be entitled to use sick leave benefits to extend the date the employee is first eligible to receive retirement benefits for up to a maximum of ninety (90) days.

11. DISCIPLINARY ACTION
The City, at its option, may require an employee to forfeit vacation or holiday time in lieu of taking other disciplinary action pursuant to Charter Section 1007 and enabling ordinances.

12. DOMESTIC PARTNERSHIP HEALTH BENEFITS
The City shall allow same sex and opposite sex domestic partners dependent coverage under medical, dental, and vision plans. In order to receive this benefit, domestic partners must be registered with the City Clerk’s office or the Secretary of State. The affected employees shall be responsible for all tax consequences of this benefit.

13. DRESS CODES
It is agreed that employees recognize and will comply with standards of dress consistent with the positive representation of the City government through its employees and consistent with uniform requirements and safety policies established by the City. The Department head may issue guidelines for dress that are consistent with the above standard for a work unit. Said guidelines will be given to employees at the time of hire. The City will provide the Union with Department Dress Guidelines and upon request, will meet and consult with Union over potential impacts to terms and conditions of employment. 6 14. DRUG AND ALCOHOL TESTING POLICIES
Only employees with commercial driver’s licenses in “safety sensitive” positions are subject to the City of Santa Barbara Drug and Alcohol Testing Policy Pursuant to Department of Transportation Regulations (which includes random and reasonable suspicion drug and alcohol testing).

Employees not subject to the City Of Santa Barbara Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations are subject to pre-employment drug testing and post-accident drug and alcohol testing pursuant to the City of Santa Barbara Drug and Alcohol Testing Policy, attached hereto as Appendix C.

15. EQUAL EMPLOYMENT OPPORTUNITY
a. The City and the Union agree that the provisions of this Agreement shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex/gender, age, national origin, military and veteran status, political or religious affiliations, Union membership, sexual orientation, marital status, disability or pregnancy.
b. The City and the Union agree to commit themselves to the goal of equal employment opportunity in all City services. Further, the Union agrees to encourage their members to assist in the implementation of the equal employment opportunity program.

16. FLEXIBLE STAFFING
The City may choose to flexibly staff classifications within any class series containing an entry and journey level position. Flexible staffing gives the City the ability to hire employees at the entry level or the journey level depending upon applicant qualifications and City staffing needs.

An official list of the flexibly staffed classifications shall be maintained by Human Resources. Classifications designated as flexibly staffed would not require an examination nor the establishment of an eligible list for an incumbent to promote from the entry level to the journey level classification. The City retains the exclusive right to determine if and when an employee may advance from the entry to the journey level.

Flexible staffing does not preclude the City from identifying certain positions that would be permanently assigned to the entry level for as long as their duties and responsibilities remain within the entry level classification.

17. GRIEVANCES/DISPUTES
a. Grievances shall be defined as an alleged violation of this Agreement or dispute regarding interpretations, application, or enforcement of this Agreement or the City Charter, City ordinances, resolutions, and written policies related to personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, probationary terminations and items subject to meet and confer.

No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with the procedure contained herein within twenty (20) working days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. 7 b. The Union agrees that whenever investigation or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. At the City's discretion, time spent by City employees on the investigation and processing of grievances will be recorded on a form provided by management.

Union Stewards will be permitted reasonable time off with pay for the investigation and processing of grievances after first obtaining permission from his/her Department Head. Such permission will be granted promptly unless such absence would cause an undue interruption of work.

Upon entering a work location, the Union Steward shall inform the appropriate Department Head and supervisor of the nature of his/her business. An employee pursuing a grievance shall be granted permission to leave the job unless such absence would cause an undue interruption of work. If the employee can not be made available, the Union Steward will be immediately informed when the employee will be made available.
c. The parties agree that all grievances will be processed in accordance with the following procedure.

Step One
Any employee who has a grievance shall first try to get it settled through discussion with his/her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision.

Step Two
If after such discussion the employee does not believe the grievance has been satisfactorily resolved, he or she may file a formal appeal in writing to his/her Department Head within ten (10) working days after the informal decision of his/her immediate supervisor.

The Department Head receiving the formal appeal shall render his/her written decision and comment to the employee within ten (10) working days after receiving the appeal.

Step Three
If, within ten (10) working days after receipt of the written decision of the Department Head the employee is still dissatisfied, he or she may request the services of a mediator from the State Mediation and Conciliation Service.

Step Four
If, within ten (10) working days after the mediation process has been completed, the employee is still dissatisfied he or she may file a written appeal of the decision of the Department Head to the City Administrator. The City Administrator shall review information provided by the employee, the decision of the Department Head, and suggestions or information provided by the Mediator. The City Administrator shall render his/her decision within twenty-five (25) working days after the appeal is filed.

Except as provided under Step Five below, the City Administrator’s decision shall be considered final.

Step Five
Request for Arbitration
If the grievant is not satisfied with the decision at Step Four, he/she may, within fifteen (15) working days after the decision is mailed by the City Administrator, and with the concurrence of the Union, submit a request in writing to the City to proceed to arbitration. The Union shall have the right to invoke the arbitration procedure on behalf of a class of employees. Arbitration shall be conducted in accordance with the rules and procedures delineated in this Article.

Selection of Arbitrator
The parties shall make a good faith effort to select a mutually acceptable arbitrator from a designated list of available arbitrators. If they are unable to agree on an arbitrator within ten (10) days of the submission of the grievance to arbitration, the parties shall request a panel of experienced arbitrators from the 8 California State Mediation and Conciliation Service. Each party shall alternately strike a name until only one name remains. The party who strikes first shall be determined by lot. By mutual agreement, the arbitration may be held under the Expedited Rules of the American Arbitration Association.

Unless the parties agree otherwise, a hearing shall be commenced within sixty (60) days from selection of the arbitrator.

Arbitrator’s Authority
Only those issues which directly relate to alleged violations of this Memorandum of Understanding or the City Charter, City ordinances, resolutions and written policies related to personnel policies and working conditions shall be subject to arbitration. In addition, matters for which a separate and comprehensive administrative process is available that provides a remedy no less complete than that provided in arbitration are not within the scope of this procedure. Examples of such comprehensive processes are:
discrimination complaints covered by EEOC or DFEH, safety complaints under Cal OSHA and OSHA, workers’ compensation matters, and Civil Service appeals. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement, the City Charter or Ordinances, or the written policies, rules, regulations or procedures of the City. The arbitrator however, may, in the course of determining the questions properly submitted to him/her, consider arguments and evidence based on external law.

Submission Agreement/Questions Regarding Arbitrability
If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator prior to hearing the merits of the grievance.

Hearing Procedure
Except as indicated in this Article, the arbitration hearing shall be conducted in accordance with the Labor Arbitration Rules of the American Arbitration Association.

Decision
After a hearing and an opportunity to present such closing arguments as may be appropriate, the arbitrator will make a reasonable effort to issue his/her decision within thirty (30) days after the conclusion of the hearing. The arbitrator’s decision shall be in writing and set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The decision shall be final and binding on the parties.

Costs
All costs for the services of the arbitrator, including, but not limited to, per diem expenses, travel and subsistence shall be shared equally by the parties. Any cost incurred to obtain the use of a hearing room shall be shared by the parties. All other costs shall be borne by the party incurring them. d. The time limitations for filing and responding to grievances may be waived or extended by mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at the Department Head or City Administrator appeal levels. Employees may be represented by counsel or other person at any stage in the grievance process. e. Grievances which are general in character and which involve interpretation or application of this MOU or City policies or which involve matters requiring resolution outside the authority of the employee's Department Head shall be filed directly with the Assistant City Administrator who shall provide a written response within ten (10) working days.

An employee may appeal the response of the Assistant City Administrator. The employee's appeal shall be handled in accordance with the procedures beginning in step three above. f. Disputes or complaints regarding open competitive or promotional examinations for employment 9 shall be processed in accordance with the policy adopted by the City Administrator. The City shall consult with the Union prior to adopting or amending such policy. g. Disputes or complaints regarding performance appraisals, including written Performance Improvement Plans (PIPs), shall first be discussed with the individual who made the appraisal. An employee dissatisfied with the appraiser's response may discuss his/her complaint with the individual at the next higher level of supervision whose decision shall be final. Such discussion with the next level of supervision shall be requested within 10 days of the issuance of the performance document, and an employee may be represented by counsel or other individual during the discussion with the next level of supervision.

18. HARBOR AND AIRPORT PATROL SPECIAL DUTY ASSIGNMENT/PROFESSIONAL

CERTIFICATION PAY
a. It is agreed that special pay associated with Harbor or Airport Patrol Special Duty Assignments shall be provided at the rate of two percent (2%) of base salary. b. Harbor or Airport Patrol Special Duty Assignments shall be significant in nature and designated by the Waterfront Director or Airport Director. If such special duty assignments are created, City shall submit a request the Union to voluntarily modify this agreement to include any details for eligibility for such pay that may be required by the California Public Employees Retirement System (CALPERS) for pension reporting purposes.
c. For Harbor Patrol Officers who meet the certification requirements to possess an EMT-D* certification shall receive $100 per pay period effective the first full pay period following adoption of the MOU.
*EMT-D certification requirement as determined by the Santa Barbara County Emergency Medical Services Agency. Employee shall lose the certification pay and eligibility if recertification requirements are not met as determined and required by the Santa Barbara County Emergency Medical Services Agency.

19. HEALTH AND SAFETY
a. The City and the Union agree to abide by all provisions of the California Plan approved in accordance with the provisions of the Federal Occupational Safety & Health Act of 1970, and any applicable legislation as may be passed by the State of California to implement that plan. The City recognizes that it is the duty of management to make every reasonable effort to provide and maintain a safe place of employment. The Union will cooperate by encouraging all employees to perform their work in a safe manner. It is the duty of all employees in the course of performing their duties to be alert to unsafe practices, equipment, and conditions and to report any such unsafe practices or conditions to their immediate supervisors. If such conditions cannot be satisfactorily remedied by the immediate supervisor, an employee has the right to submit the matter either personally or through the Union Steward to his/her Department Head or his/her designated representative. On any matter of safety that is not resolved, consultation will take place between management and Union representatives. Compliance with basic safety requirements will be part of each employee's performance evaluation criteria. b. The City agrees to conduct a Safety Program on City time for the purpose of educating employees concerning the provisions of the Occupational Safety and Health Act as well as the City's safety policies.

The Union agrees to support without qualification the City's Safety Program and will encourage its members to attend safety courses if required by the City and made available on City time. The City agrees that any safety courses the employees are required to take will be provided on City time with pay and that first aid training shall be provided to all employees in an on-duty status. c. Both the City and the Union recognize the need and will strive to reduce the number of industrial injuries among the employees.
10 d. The parties agree that the City shall perform on-site safety inspections in major work sites at least once a year, and to hold regular safety meetings with departmental safety coordinators. It is further agreed that the City shall continue to maintain vehicles and equipment in a safe operating condition and that no employee will be penalized for refusing to use vehicles or equipment proven to be unsafe pursuant to State law.

20. HEALTH INSURANCES (MEDICAL, DENTAL, VISION)
a. City agrees to meet informally with the Chair of the bargaining unit (or his/her designated representative) in March, June, and August annually, or more often as necessary, to discuss health, life, and disability plan renewals. These meetings may be combined with such discussions with other bargaining units at the City's option. While such discussions will be advisory only, City will give due consideration to this bargaining unit’s number of represented employees in consideration of decisions. An SEIU staff member may attend to observe. Where practicable, the City will provide relevant data to be discussed a reasonable time in advance of meetings.
b. Medical Insurance -
The parties agree that the City will pay 100% of the premium for medical insurance for the employee only, up to a maximum per month per employee of $1009.43. The City will pay up to a maximum of $1175.56 per month for the premiums of employees on an “Employee Plus One” and $1,528.23 per month for the premiums of employees on an Employee Plus Family plan.

The City retains full and complete control over the selection, approval, and administration of the City's employee medical insurance program to include selection of the carrier, insurance contract renewal, and changes in program specifications. However, medical insurance benefits at the commencement of the January to December plan year shall be maintained to the extent it is within the control of the City.
c. Dental Insurance- The parties agree that the City shall pay up to a maximum of $76 per month per employee towards the dental insurance premium.

The City retains complete and full control over the administration of this dental program subject to maintenance of benefits during the January to December plan year, to the extent it is within the control of the City. As soon as feasible, the City will provide a tiered dental plan option at the employee’s expense.

The City will continue to provide a Dental HMO option.
d. Vision Insurance- The City shall pay up to a maximum of $9.26 per month per employee towards the vision insurance premium for the term of this Agreement. Employees who drop vision insurance shall not be able to re-enroll within two years of dropping coverage. As soon as feasible, the City will provide a tiered vision plan option at the employee’s expense.
e. The parties will reopen negotiations with the purpose of addressing City cost-neutral changes to the structure of contributions under this Article, Article 6 (Cafeteria Plan), Article 2 (Benefits –Part-Time Employees), and related articles that may be necessary to avoid impacts of the Affordable Care Act or replacement legislation (e.g. Cadillac Tax, affordability provisions, etc.).”

21. HOLIDAYS
a. The City and the Union agree that the following days shall be observed as legal holidays by all employees in the Unit who are in a classification which would normally take a holiday when it occurs. 11 January 1st (New Year's Day)
3rd Monday in January (Martin Luther King Jr.'s Birthday) 3rd Monday in February (Washington's Birthday)
March 31st (Cesar Chavez’s Birthday)
Last Monday in May (Memorial Day)
June 19th (Juneteenth)
July 4th (Independence Day)
1st Monday in September (Labor Day)
November 11th (Veteran’s Day)
4th Thursday in November (Thanksgiving)
The Friday Immediately following Thanksgiving Day
December 25th (Christmas Day)
b. When a holiday falls on a Saturday or Sunday the preceding Friday or following Monday respectively shall be observed as a legal holiday.
c. For shift employees, 3.70 hours per biweekly pay period (12 days per year) will be allocated to their vacation balance and shall be used like vacation. Employees eligible to receive this accrual shall begin accruing effective the first day of employment. Shift employees are those employees that have been designated by the Department Head as shift employees because the nature of operations in their area of responsibility is such that work on holidays is a regular job requirement. Shift employees receive straight time pay for work on a day being observed as a holiday if it is part of the employee’s regular shift. However, if a shift employee is called back to work on a day which is not the employee's regular shift day, and that day is being observed as a holiday, as listed above, the employee shall be compensated at the rate of time and one-half. For purposes of this provision, Park Rangers are considered shift employees. d. Nothing in this Agreement shall preclude the City from declaring a holiday when a legal holiday has been declared by the President of the United States or the Governor of the State of California. e. If an employee who is not a shift employee under section “b” of this article is required to work on a day that is being observed as a holiday, as listed above, the employee shall be compensated at the rate of time and one-half for hours worked on that day. The employee will also be entitled to an additional day off.

Such day off shall be taken within thirty (30) calendar days or shall be compensated at straight pay after the 30th day.
f. The City will solicit volunteers within a work unit to work on Thanksgiving and Christmas. If an insufficient number of volunteers are available, then the supervisor shall make every reasonable effort to rotate assignments on Thanksgiving and Christmas.

22. IMPLEMENTATION OF MOU
City shall implement the provisions of this Memorandum of Understanding by adopting appropriate resolutions, ordinances, and administrative policies.
12 23. JURY/WITNESS DUTY
In the event that an employee of the City is required by a court of competent jurisdiction to perform jury duty and that requirement causes the employee to be away from his/her regularly assigned work schedule, said jury duty shall be considered leave with pay without interruption of service on the condition that the employee pay to the City Treasurer all compensation he/she receives for the jury duty. For those employees on shift work, the City will, whenever possible, reschedule an employee to a day shift.

Pursuant to Government Code §1230.1, whenever an employee is served with a subpoena which compels his/her presence as a witness, unless he/she is a party or an expert witness, such employee shall be granted a leave of absence with pay in the amount of the difference between the employee’s regular earnings and any amount he/she receives for such appearance.

24. LAYOFF POLICY
a. Basis of Layoff: Whenever a position is abolished pursuant to section 1008 of the City Charter an employee will be laid off as set forth below.
b. Notification to the Union: Whenever the City Administrator submits a budget to the City Council requiring layoff of employees in this bargaining unit, the City Administrator shall provide the Union with a list of the classifications(s), department(s), and division(s) from which the layoff will be made, and a seniority list of those affected.
c. Notification to Employee: Employees to be laid off shall be given at least thirty (30) calendar days prior notice.
d. Order of Layoff: Employees will be laid off by classification, department and division in the following order:

1. Probationary employees;

2. Regular employees who within the twenty-six pay periods immediately prior to the layoff received a cumulative performance evaluation score of less than 3.0 under the former evaluation form, or an overall score of “needs improvement” under the new 2009 evaluation form.

3. Regular employees by inverse order of seniority. Seniority is determined by continuous service in the classification.

4. If employees have the same seniority within the classification, selection shall be made at random.
e. Bumping (Displacement) Rights: regular employees who are laid off have the right to return to the last position they previously held under the following conditions:

1. They meet the positions’ minimum qualifications

2. They are physically able to perform the duties of the position

3. The position has continued to exist
If an employee bumps down into the last position held, the employee will bump the employee with the least seniority in the classification.
f. Transfer or Voluntary Demotion: If an employee to be laid off meets the minimum qualifications for a vacant position, before an open competitive recruitment can be commenced, the employee will be given an opportunity to fill the vacant position through transfer or voluntary demotion. 13 If an employee does not meet the minimum qualifications for the vacant position the City will consider appointment to the vacant position as a trainee level appointment. Trainee-level employees appointed under this section will be paid at 100% of Step 1, rather than 80%.

Final appointment through transfer or demotion is at the sole discretion of the Department head. g. Separation Enhancement Plan: The City may offer a separation enhancement to avoid layoffs.

25. LEAD PAY
a. During the term of this Agreement, Harbor Patrol Officers who are scheduled and work an assigned shift in Lead capacity shall receive an additional five (5%) percent over their base salary. The five (5%) percent shall not be applied to vacation, sick leave, compensatory time or other paid leaves. The City agrees to designate a "Lead" officer whenever the Harbor Patrol Supervisor and the Harbormaster are not working.

Nothing in this provision is intended to preclude the Harbor Patrol Supervisor or the Harbormaster from assigning a "Lead" officer whenever they deem it to be necessary for the safe and efficient operation of the department. Which officer is assigned as the lead officer is within the sole discretion of Waterfront management.

26. LEAVE OF ABSENCE
a. It is agreed that represented employees as defined in this Agreement shall have the right to request an extended leave of absence without pay for a period of up to one year for personal reasons or for additional schooling. If the leave is approved, the employee will have the right of return but such leave shall be considered a break in service with no accrual of benefits. Leave approval will be at the discretion of the City Administrator.
b. Employees may be entitled to up to 12 weeks of leave, with benefit continuation and reinstatement rights, under the City’s FMLA/CFRA Family Care and Medical Leave Policy for the birth of a child or to care for a newborn, for the placement of a child with an employee in connection with adoption or foster care, to care for a child, parent, spouse, domestic partner or child of a domestic partner who has a serious health condition, or for the employee’s own serious health condition. For combined pregnancy and child bonding leave, the amount of leave available under this policy may be longer. Employees may also be entitled to up to 26 weeks of leave to care for a covered service member under the City’s FMLA/CFRA Family Care and Medical Leave Policy. Employees may also be entitled to “qualifying exigency leave”, “military caregiver leave”, or other leave under the military family leave provisions of the FMLA/CFRA Family Care and Medical Leave Policy.
c. Extended medical leaves of absence may be granted by the City Administrator for a period of up to a total of one year (including any period of FMLA/CFRA Family Care and Medical Leave) on request of the employee due to the employee’s illness. The City shall continue to pay its contribution to insurance for the longer of the first ninety (90) days of such leave, or any period of leave continuation provided under the FMLA/CFRA Family Care and Medical Leave Policy.
d. The following criteria will be used in determining the granting of personal or extended medical leaves of absence:

1. the employee's seniority in City service.

2. the employee's job performance record.

3. the employee's disciplinary record.

4. the needs of the City service.
14 e. "Continuous service" means employment with the City without break or interruption; in computing continuous service for the purposes of this article, neither military leaves nor medical leaves of absence, including maternity leaves, whether with or without pay, shall be construed as a break in employment or service. Other absences aggregating in excess of ninety (90) working days in any period of twelve (12) months, including layoffs on account of lack of work, lack of funds, or abolishment of positions shall be construed as breaking "continuous service".

27. LIFE INSURANCE
The City will provide a term life insurance policy covering the employee in the amount of $50,000 with equal accidental death and dismemberment provision.

28. LONG-TERM DISABILITY
The City will provide a long-term disability insurance plan by enrolling Unit members in the City's current long-term disability plan.

29. MAINTENANCE OF BENEFITS
The City and the Union agree that all compensation, other than direct wages, as provided by ordinance, resolution, and City Charter, which are in existence at the commencement of this Agreement, shall not be diminished, lessened, or reduced for the duration of this Agreement, except as may be herein provided.

Wage adjustments as provided for from time to time by ordinance or resolution, or by City Charter, as may be amended in accordance with this Agreement, shall also continue for the duration of this Agreement.

The City and the Union agree that the City has the right and prerogative to assign duties to and direct employees in accordance with applicable job specifications and Section 3.12 of the Santa Barbara Municipal Code.

30. MANAGEMENT RIGHTS
The parties agree that the City has an exclusive right to manage and direct the performance of services and the work force performing such services unless the City has specifically delegated, abridged, or modified any such rights in this Agreement. Such rights shall include but not be limited to the sole right to determine the organizational structure of the City, establish levels and types of services to be provided, determine the methods, means, and number of personnel by which operations are to be conducted, including sole authority to contract or subcontract for municipal services, and to exercise complete control and discretion over the technology of performing the City's work. The City retains complete authority over the policies and direction and administration of all City departments including but not limited to standards and methods of selection for employment; promotion and performance evaluation; disciplinary action; relief of employees from duty because of lack of work or other legitimate reasons; maintenance of the efficiency of government operations; establishment of the work week and work schedules; and determination of the content of job classifications consistent with applicable laws and with due regard for provisions of this Agreement.

If management decision to contract out work being performed by existing employees will foreseeably lead to imminent deletion of existing authorized full time position, the City will provide at least 30 days notice of decision to Union and opportunity to negotiate effects of decision on employees. Negotiation over effects shall not delay moving forward with contracting out work.

It is further agreed that nothing in this Agreement shall in any way diminish the rights of employees, the City, or the Union as established by the Meyers-Milias-Brown Act of the State of California and all amendments 15 thereto, or Santa Barbara Municipal Code, Chapter 3.12, except as herein provided.

31. MUNICIPAL CODE CHANGES
During the term of the Agreement the City and the Association shall meet and confer with regard to any City proposed changes to Santa Barbara Municipal Code Title 3 which are within the scope of representation.

The negotiations will be held jointly with the General bargaining unit. The representatives for the Union shall be limited to SEIU staff and one bargaining unit member from the General bargaining unit and one member for the Treatment and Patrol bargaining units. The negotiations will be interest based.

32. NO STRIKE OR LOCKOUT
The City and the Union agree that during the term of this Agreement the City will not lock-out employees; nor will the Union sanction, support, condone, approve, or engage in any strike, sick-in, slow-down, or work stoppage which is detrimental to providing services to the citizens of Santa Barbara.

33. OFFICER STATUS
City recognizes that Airport Patrol Officers are peace officers pursuant to Section 830.33(d) of the California Penal Code and that Harbor Patrol Officers are peace officers pursuant to Section 830.33(b) of the California Penal Code. Park Rangers are peace officers not authorized to carry firearms pursuant to Section 830.31.

City agrees that during the term of this contract departmental policies and procedures pertaining to the function, duties and responsibilities of said Airport Patrol Officers shall be made available to those officers.

34. OVERTIME
a. The City and the Union agree that overtime work will be assigned to the employees on a rotation basis whenever possible.
b. No employee shall be compelled or permitted to perform work for the City without logging the hours on his or her timecard. Overtime compensation shall accrue for work performed beyond a regularly scheduled work day of at least eight (8) hours at the rate of one and one-half hours of overtime, payable in increments of 15 minutes. This includes overtime work from home or on a mobile device. Work performed for the purpose of computing overtime shall include all paid leave time actually taken as time off. It will not include holiday or other paid leave time “cashed out” but not taken. c. If an employee is physically called back to the workplace on an overtime basis, such employee shall be compensated for no less than two (2) hours overtime. d. When an employee is called out on an emergency 3 hours or more before the beginning of his/her regularly scheduled shift, he/she will be provided paid leave time (without deductions from leave banks) to allow five (5) hours off-duty without loss of pay before reporting for the next regularly scheduled shift. With the permission of the Supervisor, the employee may choose to work the beginning of his/her next regularly scheduled shift, and take the equivalent paid rest period at the end of the regularly scheduled shift instead.

The City agrees that such permission shall not be unreasonable withheld. At the supervisor’s discretion, the employee may be permitted to voluntarily begin his/or her regular shift immediately following the overtime period, and take the equivalent paid rest period at the end of the revised regular shift instead. 16 Example: Employee’s regular shift is from 8:00 a.m. to 5:30 p.m., but employee is called in to work overtime at 4:30 a.m. (3 hours or more before scheduled shift) until 6:30 a.m. Employee may choose to:
i) Take 5 hours rest and come in at 11:30 a.m., with the period of 8:00 a.m. to 11:30 a.m. (3.5 hours) as a paid rest period; or
ii) With the supervisors’ permission, come in as regularly scheduled at 8:00 a.m. and go home at 2:00 p.m., with the period of 2:00 p.m. to 5:30 p.m. (3.5 hours) as the paid rest period instead; or iii) At the supervisor’s discretion, the employee may be permitted to revise his or her regular shift to 6:30 a.m. -2:00 p.m., with the period of 10:30 a.m. to 2:00 p.m. (3.5 hours) as the paid rest period instead.
e. If an employee is required to stay beyond the regularly scheduled work day of at least 8 hours and if such overtime extends two (2) hours or more beyond the workday, the City shall provide the employee with nourishment and a rest period. The City will provide one hour of pay for each rest period that is not provided and an additional hour of pay if an employee does not receive nourishment. f. The parties agree that employees have the right to request cash payment or compensatory time off for overtime worked, but that approval of one or the other benefit remains the right of the City consistent with the needs of the City.
g. The following provisions apply to the accrual and use of compensatory time off (CTO):

1. Value of CTO: CTO will be accrued at the rate of time and one half for each hour of overtime worked.

2. Compensatory Time Bank: Overtime not cashed out shall be maintained in a CTO "Bank".

An employee may accrue up to a maximum of 100 CTO hours in his/her bank.

3. Minimum Allowed Accrual: An employee who requests CTO will not be denied the accrual of CTO in lieu of a cash overtime payment if his or her CTO balance will remain below 30 hours.

4. City Directed CTO Cash Out: The City retains the right to cash out CTO hours, other than the 30 hour bank described above.

5. City Directed Use of CTO as Time Off: The City has the right to require employees to take compensatory time off but shall provide a minimum of seven (7) calendar days advance notice in such cases. Management shall not compel an employee to take CTO hours as time off if the employee’s CTO bank is less than 30 hours.

6. Employee Requested Use of CTO as Time Off: Denial of an employee's request to take compensatory time off from his/her bank of CTO hours shall require a statement by the Department Head or his designee that approval of the request would unduly disrupt the operation of the department.
g. The City and the Union agree that overtime work accrued during a declared disaster, as determined by the President of the United States, the Governor of the State, the Mayor, City Council, or the City Administrator, shall be compensated at the rate of time and one-half.

35. PAYROLL
a. Employees who receive payroll overpayments shall reimburse City for such overpayments. City shall establish a reasonable schedule of payments based upon amount of such overpayment and date overpayment was made.
b. City agrees to explain all payroll stub information to employee upon request of said employee. c. City agrees to provide the Union with up to three (3) deduction codes. 17 d. The parties agree that the City will continue deducting monies from payroll and remit same to Union as authorized by employee payroll deduction authorizations in accordance with present policy. However, when an employee switches from the Treatment and Patrol bargaining units to a unit not represented by S.E.I.U. Local 620, S.E.I.U. dues will no longer be deducted, unless and until the union submits another signed authorization form. Any changes in dues deductions shall be subject to indemnification of the City by the Union.
e. The City shall provide to the Union, on a bi-weekly basis, a new hire and termination list of bargaining unit employees with their name, job classification title and department. The cost of programming said report shall be paid for by the Union.
e. All employees shall participate in the City’s payroll direct deposit program.

1. Each employee shall execute a payroll authorization form and submit a voided check or savings deposit slip to the Payroll Office. It shall be the employee’s choice as to which bank he or she designates as the institution receiving payroll funds.

2. When the authorization form is properly executed and filed with the Payroll Office, the City will begin automatically depositing the net amount of pay on or before each designated biweekly payday in the employee's designated bank account.

3. Exceptions: An exception to this policy may be granted by the Finance Director to an employee upon a showing of good cause for such exception (e.g., that he/she is unable to establish and/or maintain a personal banking/financial account for direct deposit, or that other personal circumstances necessitate a temporary or permanent exception).

The Finance Director may require the employee to renew this exception periodically.

Exceptions will not be unreasonably denied.

4. Employees participating in direct deposit will be provided with a payroll detail report each pay period. Alternatively, employees may voluntarily opt out of a paper detail and access this information electronically via the City’s computer system. The City may discontinue providing paper pay stubs for employees with direct deposit, effective July 1, 2014 or later, provided that:
 All employees are signed up for and provided pay stub information via City email on or before pay day; and
 Employees without regular access to computer or email may request to receive a print out of stub information to be provided on or before pay day

36. PERSONAL LEAVE
a. Employees shall be entitled to 32 hours personal leave each fiscal year per the following schedule:

Employees on the payroll July 1: (32 hours)
Employees hired between July 2 and October 1 (inclusive): (24 hours) Employees hired between October 2 and January 1 (inclusive): (16 hours) Employees hired between January 2 and April 1 (inclusive): (8 hours) b. Personal leave days must be taken by the end of each fiscal year or lost. Personal leave shall be scheduled on the same basis as vacation. In no case shall employees be entitled to cash payment for personal leave days not taken.
d. An employee may use personal leave as personal necessity when it is not possible to use on nonwork time subject to the following two conditions: 1) Reasonable advance notice which shall not be less than one (1) hour before the employee’s shift or when reasonable advance notice cannot be 18 given, no later than 15 minutes after the scheduled shift has begun; 2) Subject to supervisory approval based on operational needs.
19 d. City shall maintain minimal staffing on workday afternoon prior to New Years and Christmas holidays so that as many employees as possible may enjoy personal leave, vacation, or C.T.O. at those times.

37. PERSONAL PROPERTY DAMAGE REIMBURSEMENT
Any employee entitled to a uniform allowance who experiences a loss or damage to personal property may submit a claim to his/her immediate supervisor for consideration of reimbursement. The claim shall be submitted within fifteen (15) days after the loss or damage is sustained. The claim shall contain the following information: type of item, date of purchase, replacement cost, condition, description of damage, circumstances, etc. If the personal property is stolen, a report shall be filed with the Police Department.

The following conditions must apply for the claim to be considered:
a. The loss must be in the line of duty.
b. There must not be contributory negligence or carelessness on the part of the employee. c. There must not be other means of recovery such as, but not limited to, court action or insurance.
d. The personal property for which the claim is made must be owned by the employee involved. Exceptions to the above may be referred to the Department Director for approval. e. $200 limit per item claimed unless personal property item has written pre-approval by the Department Head.

The supervisor shall conduct an inquiry into the validity of the claim and forward it to the Division Manager with his/her recommendation. The Division Manager shall review the claim and forward his/her recommendation to the Department Director. The Department Director will approve or deny the claim.

Claims meeting the above criteria shall not be unreasonably denied.

Reimbursement will be calculated from the following schedule:

Age of Item % Reimbursed
0 to 6 months 100%
6 to 12 months 80%
12 to 18 months 50%
18 to 24 months 25%
24 months and over 0%
If the claim is approved, payment will be forwarded to the initiating employee.

38. PROBATIONARY PERIOD
The probationary period required by Charter Section 1004 may be extended beyond one (1) year by signed mutual agreement of City and employee. If the employee's supervisor intends to request an extension of the probationary period, notification of that intent shall be given to the employee at least two (2) weeks prior to the expiration of the probationary period if feasible. 20 39. PURPOSE
It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation, and understanding between management and the employees covered by this memorandum; to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise under this Memorandum of Understanding; and to set forth the full and entire understanding of the parties reached as a result of good faith meeting and conferring regarding the wages, hours, and other terms and conditions of employment covered by the memorandum.

40. RECOGNITION
a. Pursuant to the provisions of Section 3.12 of the Municipal Code of the City and applicable State law, the Union is recognized as the majority representative of the City employees in the Airport and Harbor Patrol Officers' Bargaining Unit and the Treatment Plants' Bargaining Unit and as the exclusive bargaining agent for the employees in said Unit.
b. The term "employee(s)" as used herein shall refer only to regular full-time or part-time employees serving in classifications who occupy positions authorized and designated as in the Airport and Harbor Patrol Officers' Unit and the Treatment Plants' Unit by the City Council on the official City "Position and Salary Control Resolution."
Classifications may be added to or deleted from the bargaining unit in accordance with the provisions of this Agreement and the City's Employer/Employee Relations Ordinance.

41. RECRUITMENT
a. The City agrees to post information about how to access job recruitment information on employee bulletin boards in all departments. The City will continue to post job fliers on the bulletin board outside the Human Resources Office, with paper copies of the fliers available upon request. The City will post available positions on a website accessible to the public and maintain a system for employees, by mail, email or other messaging system, to receive notification of current job announcements at the employee’s request. In addition to posting available positions on the website, the City will send a weekly email to all employees of current recruitments and their closing dates.
b. Employees may contact the Human Resources Office to request inter-departmental or interdivisional transfers, and are to contact Department or Division Heads for intra-departmental or intradivisional transfers. c. The City shall provide a minimum application filing period of five (5) days for all open vacant positions and ten (10) days for all vacant promotional positions in the classified service within the bargaining unit for which an eligibility list must be established. d. The names of nine (9) more eligible candidates (including tie scores) than the number of vacancies shall be certified to the appointing authority in alphabetical order. e. Positions in the bargaining unit shall not be filled from eligibles placed on the certification list by virtue of being on another eligible list which is at a higher salary range and for which the qualifications are substantially similar.
21 42. RENEWAL AND WAIVER
The City and the Union agree that meeting and conferring over the renewal or continuation of this Agreement shall be initiated at the request of either party after March 1, 2023. Every effort will be made to reach an agreement prior to the expiration of this Agreement. A request to meet and confer shall be filed in writing and meeting and conferring shall commence within ten (10) days of receipt of said request.

It is further agreed that nothing in this Agreement shall in any way diminish the rights of employees, the City, or the Union as established by the Meyers-Milias-Brown Act of the State of California and all amendments thereto, or Santa Barbara Municipal Code, Chapter 3.12, except as herein provided.

Except as otherwise expressly provided in this Agreement or when the parties mutually agree to meet and confer on a matter, the City and the Union agree that, for the term of this Agreement, each party waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement, except as to meeting and conferring over the renewal, or continuation of this Agreement.

43. REOPENER ON AIRPORT LAW ENFORCEMENT
Union reserves its right to demand that the City meet and confer over the impacts/effects on the wages, hours and other negotiable terms and conditions of employment of Airport Patrol staff related to a management decision to transfer all or some law enforcement functions at the Airport to Police Department staff in the Police Officers Association.

44. REPRESENTATION - UNION OFFICERS AND STEWARDS
a. The City and the Union agree that Union officers and stewards will be allowed to meet with City management on City time for the purpose of meeting and conferring in good faith and without loss of pay or any benefits.
b. The Union agrees to provide the City with a list of Union officers and stewards, with their job classifications, who are authorized to meet and confer in good faith. The Union shall keep the list up to date.
c. The City agrees that authorized Union staff representatives shall be given access to work locations during working hours to conduct Union grievance investigations and/or observe working conditions. Such visits are to be made with the prior knowledge and approval of the Department Head and a management representative may accompany the Union staff member on the visit. A staff representative is defined as a paid full-time or part-time employee of the Union.
d. The Union shall provide the City with a list of staff representatives and shall update said list as appropriate.

45. RETIREE MEDICAL INSURANCE CONTRIBUTION
a. This provision is applicable to employees who retire from City service on or after October 1, 1994, and

1. Have 15 or more years of classified or unclassified service; or

2. Retire from City with an industrial disability.
22 For employees who retire on or after January 1, 2011, the City shall contribute $12.00 per month, per year of service up to a maximum of 35 years (i.e., $420/month) towards the purchase of medical insurance for the retiree and his/her spouse or domestic partner registered with the City Clerk’s Office or the Secretary of State, if applicable.
c. The retiree is not limited to purchase of a City sponsored plan, provided however, that if the retiree purchases another insurance plan, the retiree must supply the City with adequate proof of insurance coverage prior to any contribution from the City. Proof of such coverage shall be provided to the City on a periodic basis, as reasonably determined by the City.
d. The City shall continue to make its contribution until the retiree reaches age 65 or dies, whichever occurs first, provided however, that if the retiree dies before reaching the age of 65 and there is a surviving spouse or registered domestic partner, the City's contribution shall cease when the retiree would have reached age 65. Thereafter, the spouse may remain on the insurance plan, at his/her own cost, subject to the conditions set forth by the insurance company.
e. In the event Health Care legislation is passed which affects the nature of the benefit described above, the parties will reopen negotiations and modify this benefit, if necessary, so as to maintain their original intent (e.g., eligibility, scope, cost).
f. If any Court decision with binding effect on the City of Santa Barbara rules that a retiree medical provision like the provision contained herein violates the State or Federal law against age discrimination, the parties agree that within 30 days they will reopen negotiations on said provision to convert to a retiree medical policy with equivalent cost that does not violate age discrimination law. The parties agree that whatever policy is agreed upon will not reduce or increase the City's contribution toward retiree medical insurance.

46. RETIREMENT
a. Classic Miscellaneous Employees:

1. The City will provide miscellaneous employees the two point seven percent (2.7%) at age fifty-five (55) benefit formula under the Public Employees' Retirement System (PERS), pursuant to Government Code Section 21354.5.

2. The City will contribute toward the PERS normal employee's contribution as detailed in section “3”, below, and these contributions, if any, shall be credited to the member's account. The City shall report the value of any Employer Paid Member Contributions (EPMC) to PERS as compensation earnable through enabling City resolution, pursuant to Government Code Section 20636(c)(4).

Effective June 19, 2021, Classic Employees will pay the 8% required contribution for the

2.7% at 55 benefit.

3. The following contract provisions shall apply to the PERS miscellaneous plan i. The City will provide One-Year Final Compensation for Classic Miscellaneous employees under PERS, pursuant to Government Code section 20042. ii. The PERS Miscellaneous contract shall provide for Military Service Credit as Public Service under Government Code Section 21024 and for Public Service Credit for Excluded or Limited Prior Service under Government Code Section 21031. iii. The PERS Miscellaneous contract shall provide for Public Service Credit for Peace Corps or Americorps: Volunteers in Service to America (VISTA) pursuant to Government Code Section 21023.5,
iv. The City will provide the Fourth (4th) Level of 1959 Survivor Benefits for Miscellaneous employees, pursuant to Government Code Section 21574. 23 b. Classic Harbor Patrol Safety Employees:

1. The PERS contract shall provide local safety member status under the 3% at 50 benefit formula to employees regularly assigned as Harbor Patrol Officers pursuant to Government Code section 20423.

2. The City will provide to Harbor Patrol Officers the additional PERS benefits of One-Year Highest Compensation, Increased Level of 1959 Survivor Benefits (Level Two), Post Retirement Survivor Benefits and Post Retirement Survivor Allowance to Continue After Remarriage, Military Service Credit as Public Service under Government Code Section 21024 and Public Service Credit for Excluded or Limited Prior Service under Government Code Section 21031.

3. Employees will pay the full required 9% member contribution toward pension benefits. c. Contract Changes: The City is authorized to amend its contract with PERS immediately, in order to be able to implement the incentives listed below:

Upon declaration of the Council of the City of Santa Barbara that the State of California's budgetary or fiscal impacts on the City's budget have caused grave fiscal conditions to exist that require prompt and immediate attention, the City may offer the following early retirement incentives to applicable employees:

1. Two years additional service credit in accordance with Government Code Section 20903; and/or

2. City payment of Military Service Credit as Public Service in accordance with Government Code Section 21024.
d. Pension Reform: Notwithstanding the provisions above, effective January 1, 2013, new members as defined by California Public Employees’ Pension Reform Act of 2013 (hereinafter “AB 340”) will be covered under the 2% at 62 Miscellaneous retirement formula or the 2.7% at 57 Safety retirement formula, with a final compensation measurement period of the average of the highest three (3) consecutive years, as well as all other statutory requirements of AB 340. Effective January 1, 2014, new employees and/or members as defined by AB 340 shall contribute half the normal cost for benefits, as defined by AB 340; the City will not pay any portion of these employees’ required contributions. As provided under the law, some new City employees may qualify as “classic” employees by virtue of their prior government service.

47. RETIREMENT-- DEFERRED COMPENSATION
The City agrees to meet at least two times each fiscal year with up to two Union representatives to discuss the deferred compensation plan investment options, fees, and performance. Where appropriate, at the discretion of the Human Resources Manager, the City’s 457 Plan Administrator(s) will be invited to such meetings.
24 48. RETROACTIVITY
An employee will be eligible for the increases to salaries and benefits provided under the Agreement on the dates specified for each increase if the employee is an active City employee and bargaining unit member on the date that the City Council ratifies this Agreement.

49. SAFETY EQUIPMENT
a. The City and the Union agree that the City will either provide all safety equipment required by the City or will reimburse the employee for purchasing the equipment whenever such equipment has been required by the City as necessary for the job. Such equipment shall include, but not be limited to, safety shoes, safety glasses, helmets, gloves, boots, life jackets, and all related safety items. Both parties agree that the City shall retain the right to determine the minimum specifications of the safety equipment, procurement procedures, and limitations and exclusions. b. Notwithstanding the above, the parties agree that employees designated by the City as required to wear steel-toed safety shoes with the exception of Harbor Patrol Officers, Airport Patrol Officers and Park Rangers, in the performance of their duties, shall be eligible to receive an annual allowance for the provision of said shoes upon the presentation of valid claims in keeping with City established procedures in amounts not to exceed $230.

If the employee desires, he/she may combine two years’ allowance for the purchase of shoes. The allowance is for the purchase of shoes only.
c. City shall provide prescription safety glasses to those employees who wear prescription glasses and perform duties that require the use of safety glasses. Such employees shall provide the City with the lens specifications prescribed by the employee's doctor. The City will provide the initial pair of safety glasses based upon this prescription and shall replace same only upon a subsequent substantial change of prescription or evidence acceptable to the City that said prescription safety glasses are rendered unusable by accidental damage suffered while performing assigned duties.

50. SALARIES
a. Employees will receive an across-the-board base salary increases as follows:

Effective Date Amount
April 9, 2022 3.0%
September 24, 2022 3.0%
1) TAP Employees as of September 30, 2021 will receive, a one-time lump sum payment of $1,000 after adoption by the City Council. New employees from October 1, 2021 to March 29, 2022 will receive a one-time lump sum prorated amount.
2) Effective April 9, 2022, the below job classifications will receive the following internal alignment salary adjustments:

Wastewater Treatment Plant Chief Operator 1.86%
Senior Wastewater Treatment Plant Operator 7.22%
Wastewater Treatment Plant Operator III 7.95%
Wastewater Treatment Plant Operator II 7.74%
Wastewater Treatment Plant Operator I 12.39%
Wastewater Treatment Plant OIT 4.88%
Senior Wastewater Collection System Operator 3.99%
Wastewater Collection System Operator II 3.99%
Wastewater Collection System Operator I 3.00%
Wastewater Collection System Lead Operator 3.99%
b. Achieving the second salary step, or "B" step, and subsequent steps shall require, in addition to 25 satisfactory performance, a period of one year of actual service. c. Employees shall receive at least a five percent (5%) salary increase upon promotion provided however that the City shall not be required to pay a salary in excess of the salary range authorized for the appropriate classification by the City Council in the official Position and Salary Control Resolution. The City shall make every effort to provide a minimum five percent (5%) separation in salary between classifications within a series and classifications within recognized career ladders as determined by the City. The City shall provide the Union with a chart of career ladders, and the City shall update said list. d. Anniversary dates for newly hired employees shall be the first of the month if the employee was hired on or before the fifteenth of that month and the first day of the following month for those hired after the fifteenth. The end of the probationary period shall coincide with the anniversary date. e. On or before July 31, 2022, the City agrees to survey salary for Airport Operations and Wastewater Collections Job Classifications and to address any inequities greater than 5.0%. f. Survey Agencies to be used for future Harbor Patrol Officer salary/compensation surveys:

1. Redondo Beach;

2. City of Los Angeles;

3. Long Beach

4. Santa Monica;

5. Huntington Beach;

6. County of Orange
g. Comparable agencies for Airport Operations to be mutually agreed upon prior to salary survey. h. Airport Patrol Officer I to be benchmarked to within 95% of Police Range A effective the first pay period of October 2020.
i. City agrees to initiate a citywide Compensation and Classification Study by December 31, 2022. j. Until completion of the City’s Compensation and Classification Study, the City agrees to:

A. Once each year in February, at the Union’s request, the City will review the salary placement of up to two (2) classifications that meet one or more of the following criteria:

1. Significant turnover;

2. Difficulty recruiting;

3. Internal misalignment with classifications(s) with similar responsibilities or duties;

4. Range or salary compaction; and/or

5. External misalignment with classification(s) with similar responsibilities or duties within the following jurisdictions:

1. Santa Cruz

2. Santa Monica

3. Huntington Beach

4. Pasadena

5. Burbank

6. City of Ventura

7. Long Beach

8. Redondo Beach

9. Goleta Sanitary District

10. Montecito Sanitary District
26 B. Requests for review will include the following information:

1. Class(es) to be studied:

2. Which criteria set forth above are applicable;

3. Supporting data that justifies the request;

4. Any known or anticipated compaction or “ripple effects” created by an adjustment

5. Percentage increase proposed; and

6. Estimated cost of salary inequity requested (including any known benefit cost adjustments).

51. SERVICE CREDIT FOR SICK LEAVE UPON RETIREMENT
At the time of retirement, the City shall purchase an annuity for the retiring employee that pays a monthly benefit similar to the PERS amendment that provides service credit for sick leave under Government Code section 20862.8.

The following conditions apply to this benefit:

1. In order to qualify for service credit for sick leave upon retirement, the retiring employee must have at least 500 sick leave hours;

2. The conversion rate of 0.004 years of service credit for each 8-hour day of sick leave is utilized;

3. The retiring employee may take the cash purchase value of the annuity in lieu of the monthly annuity;

4. Safety group members who obtain 90% of final compensation upon retirement are not eligible for this benefit. (Effective October 28, 2017 the 90% limit to receive this benefit will be eliminated. However, no employee whose annuity eligibility would already have been reduced or eliminated under the 90% cap as of the date of ratification of this Agreement will have such benefit restored.)); and

5. If the City amends its PERS Miscellaneous or Police contract to include service credit for sick leave upon retirement, non-safety or Police employees, respectively, will be included in that PERS contract amendment and the annuity program will be discontinued for that group.

52. SEVERABILITY
Should any provision in this Agreement be held inoperative, void or invalid by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby, and the parties agree to meet and consult over the invalidated provision.

53. SHIFT DIFFERENTIAL
a. The City and the Union agree that regular, full-time employees on a shift of eight (8) or more hours shall receive:

1. Swing shift differential pay when 50% or more of the hours of the assigned shift hours, excluding overtime, fall between 5:00 p.m. and midnight; or

2. Graveyard shift differential pay when 50% or more of the hours of the assigned shift hours, 27 excluding overtime, fall between midnight and 7:00 a.m. b. Overtime as Continuation of Assigned Shift. Shift differential for overtime which is a continuation (without break) of the assigned shift is paid based upon the eligibility of the assigned shift. See Examples 1, 2, 3 and 4 in Appendix A entitled Shift Differential Examples.

Back-to-Back Shifts. Shift differential for overtime which are two (2) entirely distinct assigned shifts are paid based upon the separate eligibility of each shift. See Examples 5 and 6 in Appendix A entitled Shift Differential Examples.
c. Call Backs.

1. Shift differential is not paid for call back overtime of less than eight (8) hours. See Example 7 in Appendix A entitled Shift Differential Examples.

2. Shift differential is paid for call back overtime of eight (8) hours or more when 50% or more of the hours fall between 5:00 p.m. and midnight or midnight and 7:00 a.m. See Example 8 in Appendix A entitled Shift Differential Examples.
d. Shift differential amounts shall be as follows:

Swing Shift Graveyard Shift
$2.00 /hour $3.50 /hour

54. SICK LEAVE
a. The City and the Union agree that the City's sick leave policy shall be that employees shall accrue sick leave at the rate of 3.7 hours for each full pay period of service with a maximum accumulation of two thousand and eighty (2,080) hours. Said sick leave accrual shall begin effective the first day of employment. b. The programs referred to as "Non-Replenishable" and "City Administrators" sick leave authorized by Municipal Code Sections 3.08.150 (b) and 3.08.210 are eliminated. c. An employee may use sick leave for a medical appointment when it is not possible to arrange such appointment on non-worktime subject to the following two conditions: 1) Reasonable advance notice which in no event shall be less than 24 hours; 2) Subject to supervisory approval based on operational needs. d. A full-time employee may use up to 48 hours of available accrued sick leave (the equivalent of 6 months of accrual) per calendar year for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, a family member of the employee. “Family member” means any of the following: a spouse or registered domestic partner; a child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status); a parent (biological, adoptive, or foster parent, stepparent, or legal guardian) of an employee or the employee’s spouse or registered domestic partner; a person who stood in loco parentis when the employee was a minor child; a grandparent; a grandchild; or a sibling. Part-time employees may use the equivalent of six (6) months of sick leave accrual at their prorated accrual rate for such purposes. All rules for use of sick leave will apply, including those regarding physician statement requirements and use of sick leave for medical appointments.

55. STANDBY PAY
The City and the Union agree that effective during this Agreement, when an employee is officially designated by management to remain available to physically return to the workplace, at any time during specific hours outside of normal working hours, the employee shall receive two hours of straight-time pay or compensatory time off for each eight hours on standby or fraction thereof. To the extent feasible, the parties agree that standby, including standby during holidays, shall be assigned on an equitable basis to all eligible employees.
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29 The City and the Union agree that all employees will be on automatic standby duty during a state of emergency or civil defense disaster as declared by the President of the United States, the Governor of the State, the Mayor of the City, the City Council, or the City Administrator. Such automatic emergency standby shall be without compensation unless the City is reimbursed by the State or federal government for such an expenditure. The City will make a reasonable effort to obtain such reimbursement.

56. STATE DISABILITY INSURANCE (SDI) AND STATE PAID FAMILY LEAVE

INSURANCE (PFL)
a. All employees must participate in the State Disability Insurance (SDI) and State Paid Family Leave (PFL) programs. The employee shall pay all costs associated with these programs. b. Employees may apply for SDI or PFL benefits with the State of California Economic Development Department (EDD). To be eligible for benefits, the employee must meet all applicable State requirements.

Depending on eligibility, an employee may receive:

1. Up to 52 weeks of wage replacement benefits for the employee’s own disability, and/or

2. Up to 6 weeks of wage replacement benefits for providing required care for the serious health condition of a child, parent, spouse or domestic partner or for bonding with a new child. Effective July 1, 2014, employees may also qualify for benefits to care for a seriously ill grandparent, grandchild, sibling, or parent-in-law, as defined; however, eligibility for this benefit does not necessarily create a right to protected leave. c. Employees who receive SDI or PFL benefits must integrate available SDI and PFL benefits with available paid sick leave, personal leave and compensatory time. Documentation of the SDI/PFL benefits received must be provided to the Payroll Office for this purpose. d. Employees on a medical or family medical leave of absence who are eligible to use their leave accruals during the leave of absence must exhaust available leave balances before using unpaid leave.

Employees must use available sick/family sick leave balances, and then compensatory time off and personal leave balances, before using vacation balances. e. Employees who coordinate SDI/PFL paid leave benefits with City payroll benefits will receive City retirement contributions, time off accruals, and other non-insurance benefits based on the City-paid portion of wage replacement only. For non-insurance benefits purposes, the SDI/PFL portion of wage replacement will be treated as unpaid leave.
f. Employees coordinating SDI/PFL benefits with City payroll benefits shall be eligible for continuation of City-paid insurance contributions under Article 25 (c) (Leave of Absence) of this Agreement only up to the date they would have received such benefits had they not coordinated SDI/PFL benefits.

57. TERM OF AGREEMENT
The City and the Union agree that the term of this Agreement shall be twenty-four (24) months commencing October 1, 2021 and ending at midnight on September 30, 2023. It is further agreed that the term of this Agreement may be extended by mutual agreement.

58. TRAINING
a. The parties recognize that training programs and the advancement of employees to positions of higher skill are matters of great importance and interest to the City, the Union, and the employees covered by this Agreement. However, the City shall retain the right to determine what training is required for the employee to improve his/her performance on the job and to make such training a condition of employment.

Such training may include requests by Department Heads for additional training of current employees, 30 subject to the approval of the City Administrator. The parties agree that employees will be trained in the use of fire prevention equipment under the supervision of the City's Fire Department and that a fire evacuation plan will be developed by each department for each major City facility and posted. b. Direct costs for all training or instruction required by the City shall be paid for by the City.

Determination of eligible employees will be based upon the needs of the City with seniority being a factor considered. Wage compensation for employees shall be determined as follows:

Non-Exempt Employees
The Fair Labor Standards Act (FLSA) provides that time spent by non-exempt employees in training is compensable unless all of the following conditions are met:

1. Attendance is outside of the employee's regular working hours;

2. Attendance is in fact voluntary;

3. The course, lecture, or meeting is not directly related to the employee's job; and

4. The employee does not perform any productive work during such attendance.

Attendance is not voluntary if it is required by the City. It is not voluntary in fact if the employee is given to understand or led to believe that his/her present working conditions or the continuance of his/her employment would be adversely affected by nonattendance.

The training is directly related to the employee's job if it is designed to make the employee handle his/her job more effectively as distinguished from training him/her for another job, or to a new or additional skill.

If the training is considered compensable and travel time is associated with the employee's attendance, the following must be considered:
 Travel During Regular Working Hours. If the travel time related to attending required training occurs during normal working hours, then the time is considered to be compensable.  Special One-Day, Out-of-Town Travel. Travel time associated with special one-day, out-of-town training is required to be paid for irrespective of the mode of transportation utilized or whether the employee drives or is a passenger. Time that can be excluded from payment is normal home-to-work travel time and time spent eating while traveling.
 Overnight Travel. If an employee travels overnight on business (for more than one day), the employee must be paid for time spent in traveling (except for meal periods) during his/her normal working hours on non-working days, such as Saturday, as well as on his/her regular working days.

Travel time as a passenger on an airplane, train, boat, bus, or automobile outside of regular working hours is not considered worktime, provided however, that any work which an employee is required to perform while traveling shall be considered as hours worked.

If an employee is offered public transportation but requests permission to drive his/her car instead, the City shall count as hours worked, the time spent driving the car or the time the employee would have had to count as hours worked during working hours if the employee had used the public transportation, whichever is less.

Exempt Employees
In the case of an exempt employee, the MOU language (other than the FLSA requirements applicable to non-exempt employees) determines whether training or related travel time is compensable. Exempt employees will only be paid for time spent in required training and travel during normal work hours. 31 Travel outside of regular work hours is excluded.
c. For Harbor and Airport Patrol Officers, the City agrees to encourage employees to voluntarily develop their job skills through the coordinated use of City Police Department audio visual training materials in instances where the nature of their jobs would make such training valuable to employee job performance.

The City agrees that Peace Officers Standard Training (P.O.S.T.) is desirable for Airport and Harbor patrol officers. The City may provide such training to patrol officers through and including P.O.S.T. Level I. d. Employees will be eligible to participate in the Citywide Educational Reimbursement Program. The union waives any requirement for the City to meet and confer on enhancements to this policy to increase the maximum reimbursement (currently $1000) or expand reimbursement eligibility. However, the City will notify the union of any such change.
e. In the event an Airport Patrol Officer chooses to take the FAA Ground School on his or her own time, and successfully completes the school and passes the written examination, then, upon verification thereof, the City shall reimburse such employee for his or her expenses for required books and the course fee up to $200.

59. UNAUTHORIZED LEAVE/SUSPENSION
No sick leave, vacation, or holiday shall be paid to an employee during any period of unauthorized leave or suspension. An employee's absence shall be unauthorized if such employee does not report absence to supervisor designated by Department Head within one-half (1/2) hour before or after his/her regular starting time, except in cases of emergency in which case the employee shall provide notification as soon as possible.

60. UNIFORM MAINTENANCE ALLOWANCE
a. The parties agree that the following classifications, shall receive an annual cash uniform purchase and replacement allowance as follows:

Time Period Airport Patrol Harbor Patrol Park Ranger
October 1, 2021-September 30, 2023 $1064 $1004 $969
Payment of the Uniform Maintenance Allowance will be paid to employees per pay period.

It is agreed that the above uniform allowance shall be applied towards the purchase of appropriate shoes. b. The City and the Union agree that employees required by the City to wear uniforms and not receiving a Uniform Maintenance Allowance from the City for participation in a uniform laundry service shall have the full cost of the uniform maintenance paid for by the City. The City retains full and complete control over the administration of the uniform maintenance program. City shall provide all personnel at all treatment plants and in distribution and collection, except Laboratory Technicians, with a minimum of ten (10) uniform changes and a maximum of twelve (12) uniform changes based on the employee's request.

The City shall provide five (5) coverall changes for all Treatment Plant Mechanics and for Operators at El Estero Wastewater Treatment Plant. Operators at the Water Treatment Plant(s) shall receive three (3) coverall changes. The City shall provide Laboratory Technicians with two (2) coverall changes and three (3) laboratory coat changes.

On an annual basis, Airport Operations staff will be provided, five (5) SBA branded polo shirts or button up shirts (long sleeve or short sleeve), one (1) SBA branded jacket, one (1) SBA branded hat. Employees may request additional clothing at their own expense. On a case-by-case basis, employee clothing that is damaged or destroyed while performing job duties will be considered for replacement by Santa Barbara 32 Airport.

61. UNION BUSINESS ATTENDANCE
Up to 120 paid leave hours will be available each year for union activities including training, conference attendance and other off-site union related business. Not more than five (5) Union officers or chief stewards will be permitted to access such hours in any one year, with no more than 40 hours used for any one employee. Release time will be subject to approval of scheduling with department management and prior notification to the Human Resources Manager. The employee will use the designated code to identify the use of Union Business Attendance time on the employee’s time sheet.

62. UNION NOTICE- EMPLOYEE ORIENTATION & INTERDEPARTMENTAL TEAMS a. The City will provide the union a list of attendees in the bargaining unit at a group New Employee Orientation meeting not less than two weeks prior to the orientation along with the date, location, and time for the Union’s presentation. The City will provide a Union representative an opportunity during the orientation to provide information to bargaining unit members regarding the benefits and obligations of union membership. Such presentation shall not exceed 15 minutes in duration. Management may witness the Union’s presentation.
b. The City will provide the Union with advanced written notice of Interdepartmental Team Opportunities offered through its Succession Program that are offered to bargaining unit members, along with the anticipated scope of work. The Union will notify the City if the Union believes that the anticipated scope of work may involve issues within the scope of collective bargaining and lodge a written demand to bargain on such issues. Bargaining unit member participation on an Interdepartmental Team will not constitute collective bargaining nor satisfy any duty for the City to collectively bargain with the Union.

63. UNION STEWARDS
a. The City agrees that the Union may designate Union stewards to represent employees in the processing of grievances. The Union shall furnish the City with a list identifying by name and work location all Union stewards. Said list shall be kept current by the Union at all times. Union stewards may begin representing a grievant only after the employee has tried to resolve the problem with his/her immediate supervisor and the two parties failed to reach a resolution to the problem. b. City will remind supervisors annually of employee “Weingarten” rights to union representation.

Upon the Union’s request, City will review and comment on proposed Union communication to its members about such rights.

64. UNION SECURITY & MAINTENANCE OF MEMBERSHIP
a. Dues Deductions - Any of the union dues related payment obligations shall be processed by the City in the usual and customary manner and time frames. b. Leave Without Pay - Employees on an unpaid leave of absence for an entire pay period or more shall have their dues deductions suspended.
c. Indemnification/Hold Harmless Clause - The Union agrees to fully indemnify, defend and hold harmless the City and its officers, employees and agents against any and all claims, proceedings, settlements and/or liability regarding the legality of this Article or any action taken or not taken by or on 33 behalf of the City under this Section.
d. Maintenance of Membership – All regular unit employees who are members of the Union in good standing shall maintain their membership in the Union in good standing, subject however, to the right to resign from membership by submitting a written request to the Union during the month of August annually.

Resignation requests submitted to the City shall be referred to the Union. When resignation requests are received outside the window period the Union will promptly provide such members a letter explaining the maintenance of membership provision, along with a copy of this section of the MOU.

65. USE OF COMPUTER RESOURCES
Employees’ rights and obligations regarding use of the City’s computers and computing resources are governed generally by the City’s computer use policies. The Union and the City agree that occasional and incidental employee use of City computing resources for union business is allowable within the same parameters applied to other acceptable non-commercial personal use under those policies.

The parties agree that such use shall not interfere with the performance of work duties or the effective delivery of services, and shall not result in any significant cost to the City or compromise the security of City systems. The parties further agree that City computer resources, including the e-mail system, will not be used by the Union or City employees to support or oppose a political campaign or ballot measure.

The Union acknowledges that employees have no expectation of privacy in the use of City computer resources, including but not limited to e-mail and text messaging, even if they are locked or passwordprotected. 34 66. VACATION POLICY
a. Effective July 4, 2020 All employees shall begin accruing vacation effective the first day of employment. It is agreed that vacation time earned may be taken as accrued subject to approval by the City and in accordance with the following schedule:

Length of Continuous Service Vacation Entitlement
0 - 2 years (96 hours) per year
3 - 5 years (120 hours) per year
6 - 10 years (176 hours) per year
11 - 15 years (200 hours) per year
16 & Over Years (224 hours) per year
Vacation periods shall be scheduled by management to provide adequate staffing. Such scheduling shall be subject to the needs of the City but shall take into account employee seniority and choice.

67. Maximum vacation accrual balance will be 600 hours. VACATION & SICK LEAVE

ADVANCED CREDIT UPON HIRE
a. An employee who is appointed from outside City of Santa Barbara government service within one (1) year of leaving employment with either the City of Santa Barbara or another city, county, state agency, federal agency or special district and who, in the opinion of the Human Resources Manager, possesses government experience directly related to the position to which he or she has been appointed, may be offered credit for years of prior service with the City of Santa Barbara and/or his or her immediate previous government employer in the following ways:
i. Vacation Accrual: At the discretion of the Human Resources Manager, the employee may be offered credit for up to the total number of prior full years of service at the City of Santa Barbara and/or his or her immediate previous government employer toward the initial vacation accrual rate. The employee will not be eligible to progress to a higher accrual rate until employee has the normal required minimum amount of City of Santa Barbara service for that accrual rate. ii. Sick bank: At the discretion of the Human Resources Manager, the employee may be credited with up to 96 hours of sick leave. Thereafter, employee will accrue sick leave at the normal rate.
b. A former City of Santa Barbara employee reemployed within one year under Santa Barbara Municipal Code Section 3.16.320 will automatically qualify for the full vacation accrual credit under (i), above, for his or her prior City of Santa Barbara service. However, under no circumstance will prior accrued vacation balances cashed out to the employee upon termination be reinstated.

68. WORK SCHEDULE
a. The normal work week shall average forty (40) hours. There shall be at least two consecutive days of rest observed after each work week subject to City needs for standby, call back, overtime and regularly scheduled shift changes. The Department Head shall establish a "regular" schedule for each employee with a start and quit time. Such schedule shall not be changed without forty-eight hours (two days) advance notice except in emergencies. City shall provide employees with reasonable "clean-up" time and employees shall be ready to begin work at start time. City agrees that work outside the regularly scheduled workday shall be compensated in accordance with the overtime policy contained herein. 35 b. In no case shall an employee's work schedule be altered to avoid the payment of overtime earned as a result of call back after the employee's regular shift, work day, or work weekends. c. It is the intent of the City, when staffing permits, to assign a minimum of two (2) Harbor Patrol Officers to each shift at the Harbor and a minimum of two operators to the El Estero Treatment Plant. d. Airport Patrol Officers shall be scheduled on either a four-ten work week (4/10), a three-twelve (3/12) work week, or a three-twelve-and-a-half (3/12.5) work week schedule. Assignment to one of these work schedules shall have no effect on accrual rates or employment terms. e. The City may require Harbor Patrol Officers to work a four-ten work schedule. The continuation of this schedule shall be subject to Department Head approval with input from affected employees and based on the following criteria: costs, staffing, overlap and mission.

This change to a four-ten work schedule shall have no effect on accrual rates or employment terms. f. Employees on a 9/80 Work Schedule will be covered under the “9/80 WORK SCHEDULE POLICY” contained in Appendix D.

69. WORKERS' COMPENSATION
a. The parties agree that Municipal Code Section 3.08.220 shall be amended to provide that employees who sustain illness or injury arising out of and in the course of their City employment shall receive benefits equal to those mandated by the State of California plus the difference between State mandated benefits and the equivalent of eighty-five percent (85%) of the individual's gross (excluding O.T.) salary, if any, paid by the City for a maximum of ninety (90) working days. b. Once an individual is no longer eligible for continuation of 85% of his/her gross pay as described in (a) above and are still unable to return to work, the City shall continue to pay its contribution to insurance for the first ninety (90) calendar days.
c. This section shall not be construed to grant employees the use of sick leave benefits in lieu of or to supplement workers' compensation benefits provided herein or by State law, except as follows.

An employee who returns from an accepted work-related injury or illness to regular duty or modified duty may attend follow-up medical appointments during work hours when it is not possible to arrange such appointments on non-work time. Reasonable advance notice must be given to the supervisor, which in no event shall be less than 24 hours. Release time is subject to supervisory approval based on operational needs.

Under these conditions, to account for the lost work time to attend physician, physical therapy, chiropractic, counseling and other physical and mental care appointments, the employee may:

1. Use accrued paid leave time (sick leave, vacation time, compensatory time, or personal leave); or

2. Use ‘industrial leave without pay” if employee has no accrued paid leave time, or

3. If the employee has not reached a permanent and stationary status, the employee may elect to use "industrial leave without pay" if employee does not choose to use accrued paid leave (sick leave, vacation time, compensatory time, or personal leave). However, employees who have reached permanent and stationary status must exhaust available leave balances before being placed on leave without pay.

An employee who has not reached a permanent and stationary status and uses industrial leave without pay may be entitled to “wage loss” under workers’ compensation system 36 depending on eligibility.

The City may make changes to its Personnel Policies including, but not limited to, the Santa Barbara Municipal Code to reflect the substance of this Agreement.

70. WORKING OUT OF CLASSIFICATION
The City and the Union agree that it is the intent of departmental management to avoid working an employee out of classification.

It is further agreed that working an employee out of classification will occur only to meet the work requirements within the City and that such out of classification work will terminate after fifteen (15) consecutive work days or thirty (30) work days in any one calendar year, or if extended beyond fifteen (15) consecutive or thirty (30) work days, the employee shall be compensated at the rate of the higher classification while the out of classification work continues subject to right of employee to waive this provision based upon personal career development.

For purposes of this article, an out of classification assignment is defined as assignment by the Department Head or designee of the full-time performance of the significant duties of an authorized, funded, regular fulltime position in one or more higher classification(s) by an employee in a position in another classification. "Significant duties" shall be as defined on the appropriate class specification.

When an employee works out of classification continuously for fifteen (15) working days or more, the City shall place a letter in the employee's personnel file acknowledging the out of classification work.

It is the intent of this article to compensate employees for assigned out of class work extended beyond fifteen (15) consecutive or thirty (30) work days in any one calendar year.

Effective February 1, 2014, Water Resources Division Operators in Training (OIT’s) who meet the minimum qualifications of (entry/journey level) an operator position, (certification/experience) and who are assigned to perform full (entry/journey) level duties of that position, will be eligible for acting pay (working out of class pay) under this provision.

Reclassification Requests
If an employee believes he/she is working out of classification on a regular on-going basis, the employee may:
a. Request a reclassification from his/her manager in writing. The manager shall respond in writing within ten (10) working days of receipt of the request. The manager may recommend that a classification review be conducted by submitting a written request, approved by the Department Head, to Human Resources.
b. If the employee is not satisfied with the manager's response, he/she may submit a written reclassification request to his/her Department Head or designee within ten (10) working days of receiving his/her manager's written response. Within twenty (20) working days of receipt of the employee's written request, the Department Head or designee shall meet with the employee and issue a written response to the employee and the Human Resources Office. c. If the Department Head's response so requests that a classification review be conducted, Human Resources shall conduct said classification review and shall issue its decision to the employee and the Department Head within forty-five (45) working days of receipt of the request.

Appendix A- Shift Differential Examples
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APPENDIX ‘A’

SHIFT DIFFERENTIAL EXAMPLES
Example 1. An employee is assigned to work a ten (10) hour shift from 3:30 p.m. to 1:30 a.m. Because 50% or more of the assigned shift hours fall between 5:00 p.m. and midnight, the employee is entitled to Swing Shift Differential pay. If that employee is asked to work overtime from 1:30 a.m. to 3:30 a.m., the employee will be entitled to Swing Shift Differential pay at the overtime rate for the additional two hours (1:30 a.m. to 3:30 a.m.) worked.

Example 2. An employee is assigned to work an eight (8) hour shift from 7:30 a.m. to 4:00 p.m. and is then directed to work an additional five (5) hours to cover for a sick employee from 4:00 p.m. to 9:00 p.m.

The employee is not entitled to shift differential pay because the assigned shift hours (7:30 a.m. to 4:00 p.m.) do not qualify for shift differential and the overtime worked is less than eight hours.

Example 3. An employee is assigned to work 8:00 a.m. to 4:30 p.m. However, on this particular day, the employee is assigned to work from 3:00 a.m. to 8:00 a.m. in addition to the assigned regular shift hours in order to cover for an absent employee. The employee is not entitled to shift differential pay because the assigned shift hours do not qualify for shift differential.

Example 4. An employee is assigned to work 7:30 a.m. to 4:00 p.m. and then is directed to work additional time for an emergency situation. The employee then works until 1:00 a.m. The employee is entitled to Swing Shift Differential pay at the overtime rate for the period of 4:00 p.m. to 1:00 a.m. The employee has in effect worked two shifts.

Example 5. An employee is assigned to work the swing shift between 4:00 p.m. and midnight and then is assigned to work the graveyard shift from midnight to 8:00 a.m. In this case the employee is assigned to work two distinct shifts. Therefore, the employee is entitled to Swing Shift Differential pay for the time between 4:00 p.m. to midnight and Graveyard Shift Differential pay at the overtime rate for the hours from midnight to 8:00 a.m.

Example 6. An employee is assigned to work the graveyard shift between midnight and 8:00 a.m. and then is assigned the day shift from 8:00 a.m. to 4:30 p.m. As in Example 5, the employee is assigned two distinct shifts; therefore, the employee is entitled to Graveyard Shift Differential for the time period of midnight to 8:00 a.m., but no shift differential for the time period of 8:00 a.m. to 4:30 p.m.

Example 7. An employee is assigned to work from 4:00 p.m. to midnight. That employee leaves work at midnight, goes home, and then is called back to work between 2:00 a.m. and 7:00 a.m. That employee is entitled to Swing Shift Differential pay for the regular assigned shift from 4:00 p.m. to midnight. The employee is not entitled to shift differential pay for the overtime hours (2:00 a.m. to 7:00 a.m.) because it is considered a call back of less than eight hours.

Example 8. An employee is assigned to work 7:30 a.m. to 4:00 p.m. and then is called back to work at 7:00 p.m. and works until 3:00 a.m. due to an emergency situation. The employee is entitled to Swing Shift Differential at the overtime rate for the call back of eight hours or more (7:00 p.m. to 3:00 a.m.).

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APPENDIX B

CITY OF SANTA BARBARA

FAMILY FRIENDLY PERSONNEL POLICIES
February 20, 1990
Note: A leave or reduced schedule approved under one of these policies runs concurrently with any applicable leave entitlements under the FMLA/CFRA Family and Medical Leave Policy.

Contents

1. Maternity Leave Policy

2. Parental Leave Policy

3. Flexible Leave Policy

4. Alternative Work Schedules

5. Job Sharing

6. Part-time Work

7. At-home Work
Appendix B- Child Care Policies
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1. MATERNITY LEAVE (medical leave)
The City of Santa Barbara is committed to providing time off from work, so far as possible, to employees during pregnancy and following childbirth.

Maternity leave requests, including both medical and non-medical components (see section on Parental leave for information regarding non-medical leave), must be submitted to the City Administrator via the Department Head at least 30 days in advance. The requirement for 30 days advance notice may be waived when warranted by unexpected medical circumstances. Pursuant to state law, maternity leaves for medical reasons will be granted for up to four (4) months and may be extended up to a maximum of one (1) year subject to the operational needs of the department as determined by the Department Head. All medical leaves must be verified by a doctor's certificate of disability.

When an employee is physically disabled from work due to pregnancy or following childbirth, the employee will obtain a doctor's certificate of disability indicating the dates when the employee will be physically unable to work. When physically disabled, the employee may use sick leave or other paid leave. An employee disabled due to pregnancy or childbirth may request an unpaid leave of absence for medical reasons once her sick leave and other paid leave balances total less than forty (40) hours. A doctor's note listing the dates of the disability must be submitted with the medical leave request. Any leave of absence greater than 7 days must be approved in advance by the City Administrator.

The City will coordinate an employee's use of State Disability Insurance (SDI) with City paid leave which allows employees on maternity leave and covered by SDI to extend the use of their paid leave time.

When an employee is on medical leave of absence due to pregnancy, the City will continue to pay the employer portion of the insurance for the first ninety (90) days of the medical leave of absence. Thereafter, an employee will have to pay both the employer and the employee portions of her insurance.

2. PARENTAL LEAVE (all employees, non-medical leave)
The City recognizes that after the birth or adoption of a child, it is important for a parent to be with his or her child. As a result, the City encourages Department Heads to accommodate requests for parental leaves to care for a newborn or newly adopted child.

Parental leaves shall be with pay if the employee has leave balances of vacation, personal leave, or compensatory time. An employee may request a parental leave of absence without pay when the employee's paid leave balances total less than forty (40) hours (see section on Maternity Leave for information regarding medical leave related to pregnancy and childbirth).

Parental leave requests must be submitted to the City Administrator via the Department Head at least 30 days in advance. When requested, parental leaves will be approved for a length of time sufficient to provide the employee a minimum of one (1) month absence from work. Any medical leave related to pregnancy and child birth (maternity leave) will not be counted in the minimum one (1) month. The scheduling of parental leave is subject to the approval of both the City Administrator and Department Head based on the operational needs of the department. Extension of the parental leave of absence may be granted, subject to the approval of the City Administrator, via the Department Head. The total duration of the combined medical and parental leaves of absence cannot exceed one year.

Appendix B- Child Care Policies
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Employees are encouraged to discuss their time off needs with their supervisors as early as possible.

Employees are also encouraged to save their vacation, personal leave, and compensatory time for use during a parental leave. Temporary waivers of the minimum annual vacation use and maximum vacation accrual will be considered to assist prospective parents in building their leave banks.

While on parental leave of absence without pay, an employee will have to pay both the employer and employee portions of his or her insurance.

3. FLEXIBLE LEAVE POLICY (All employees)
Employees may use accrued personal leave, vacation, comp time, to respond to emergency needs for spouse or dependent*, such as illness, child care or elder care. The employee shall notify his/her supervisor immediately of the nature of the emergency. Approval for leaves under this policy shall not be unreasonably withheld. Advance approval for spouse or dependent illness is not required. * For purposes of this policy, a dependent is one who is a dependent pursuant to IRS regulations.

4. ALTERNATIVE WORK SCHEDULES (All employees)
The City believes that alternative work schedules are viable options to meet personal needs in areas such as child care and transportation where such schedules continue to meet the operational needs of the department.

Individual employees may request alternative work schedules which meet their personal needs and the operational requirements of the department. Alternative schedules may be different daily work hours or a different work week. Approval for reasonable alternative work schedules is subject to the operational needs of the department as determined by the Department Head. The continuation of such schedules shall be subject to Department Head review with reasonable input from affected employees.

5. JOB SHARING (All employees)
The City recognizes that job-sharing may facilitate the balancing of employees' personal needs with their job responsibilities. As a result, the City encourages Department Heads to attempt to accommodate requests for job-sharing subject to the operational needs of the department as determined by the Department Head.

An employee may request that his/her full-time position be redefined as a job-sharing position to be filled by two part-time employees. Requests for job sharing positions shall be submitted to the Department Head and require final approval by the City Administrator and City Council.

Job sharing positions may be discontinued at the discretion of the Department Head, with 30 days notice to affected employees.

Appendix B- Child Care Policies
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6. PART-TIME WORK (All employees)
An employee may request to work on a part-time basis. A request to work part-time for a limited duration is subject to the operational needs of the department as determined by the Department Head. The Department Head may grant part-time assignments of limited duration. Extensions of part-time assignments will be considered upon employee request.

All part-time assignments may be periodically reconsidered by the Department Head. If the Department Head determines additional hours are required in the position, the employee will be given thirty days notice of the requirement to work increased hours.

Part-time assignments must be a minimum of 20 hours per week. Part-time regular employees receive insurance benefits and paid leave benefits prorated based on the number of hours worked.

To change an employee from full-time to part-time status requires a Personnel Action Form (PAF) and notification to the Personnel Office.

7. AT-HOME WORK (All employees)
With prior approval of the Department Head and review by Risk Management, an employee may request to work at home on a limited-term basis. All requests will be subject to the operational needs of the department as determined by the Department Head. Increased City liability including safety and workers' compensation issues will be closely reviewed prior to granting at-home work requests.

Requests for work schedules which include working at home for part of the regular work week may be submitted to the Department Head. Authorization for such schedules for either a predetermined or indefinite length of time will be made based on the following criteria:
a) the operational needs of the department work site must be met adequately; b) the job duties must be such that work can be accomplished at home; c) proper equipment and supplies necessary to the job assignment can be provided at reasonable cost; d) sufficient measures of productivity can be determined; e) efficient and effective methods can be established for supervisory review of work assignments; f) the employee can be contacted at home during predetermined work hours.

Plans for meeting each of these criteria should be submitted in writing to the Department Head for evaluation.

Once approved, at-home work schedules are subject to periodic review and may be discontinued at the discretion of the Department Head, with fourteen (14) days notice to the employee.

Appendix C
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APPENDIX C

CITY OF SANTA BARBARA

DRUG AND ALCOHOL TESTING POLICY
Appendix C- Drug and Alcohol Testing Policy

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CITY OF SANTA BARBARA

DRUG AND ALCOHOL TESTING POLICY
This policy sets forth the rights and obligations of the covered employees. You should familiarize yourself with the provisions of this policy BECAUSE COMPLIANCE WITH THIS POLICY IS A CONDITION OF YOUR EMPLOYMENT.

If you are an employee covered by this policy, you should be aware that you are still required to comply with the provisions of the City's Drug and Alcohol Free Workplace Policy (ATTACHMENT A) that was adopted by the City Council on August 21, 1990. The obligations and requirements set forth below are in addition to existing obligations and requirements set forth in the Drug and Alcohol Free Workplace Policy.

A. EMPLOYEE QUESTIONS
Employees shall refer any questions regarding rights and obligations under this policy to Human Resources or to the Union.

B. COVERED EMPLOYEES
Employees in the job classifications represented by SEIU, Local 620 in the Treatment and Patrol Bargaining Units that are not covered under the CITY OF SANTA BARBARA DRUG AND ALCOHOL TESTING

POLICY PURSUANT TO DEPARTMENT OF TRANSPORTATION REGULATIONS C. PROHIBITIONS
The following conduct is prohibited and may result in discipline, up to and including termination:

1. The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
a. in the workplace;
b. while on City time;
c. in City vehicles or facilities except as defined in City’s facilities use policies; d. prior to coming to work, so that the employee’s performance is impaired.

2. Reporting for duty or remaining on duty while having an alcohol blood concentration level of

0.08 or greater.

3. Being on duty or operating a vehicle on duty while possessing alcohol.

4. Using alcohol while on duty.

5. Reporting for duty or remaining on duty when the employee used any controlled substances, except if the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform their job.

6. Reporting for duty or remaining on duty if the employee tests positive for controlled substances.

Appendix C- Drug and Alcohol Testing Policy

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7. Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an employee who tested 0.08 or greater on an alcohol test or tested positively on a controlled substances test.

A refusal to submit to an alcohol or controlled substances test required by this Policy includes, but is not limited to:
a. A refusal to provide a urine sample for a drug test; b. An inability to provide a urine sample without a valid medical explanation; c. A refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test;
d. An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation;
e. Tampering with or attempting to adulterate the urine specimen or collection procedure;
f. Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested (the time allotted shall be reasonable. In most cases the City will provide transportation to and from the collection site.);
g. Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall determine whether to send the employee for a post-accident controlled substances and/or alcohol test was not obtained.

D. CIRCUMSTANCES UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON COVERED EMPLOYEES.

1. Pre-Employment Testing
All applicants for City employment may be required to submit to pre-employment/pre-duty drug testing. This applies to testing prior to initial appointment as a classified employee only, and not to promotion within the service.

Note: there is no pre-employment alcohol test.

2. Post-Accident Testing
Post-accident drug and alcohol testing will be conducted on employees following an accident.

Alcohol: Post-accident alcohol tests shall be administered within two hours following an accident and no test may be administered after eight hours.

Drug: A post-accident drug test shall be conducted within eight (8) hours following the accident
An accident occurs when as a result of an incident involving a vehicle operated by a covered employee:
(1) any individual(s) receives an injury(s) requiring immediate hospital treatment ,or Appendix C- Drug and Alcohol Testing Policy

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(2) there is a recommendation by an on scene paramedic or medical professional that individual(s) involved in the accident should see a physician for injury(s) arising out of the accident.

3. Return To Duty / Follow-up Testing:

A covered employee who has violated any of the prohibitions of this policy (See Section C) may be required to submit to a return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol concentration of less than 0.08 or a verified negative result on a controlled substances test.

E. EMPLOYEE RESPONSIBILITIES
An employee must notify his/her department head of all alcohol or criminal drug statute convictions no later than 5 days after such conviction.

An employee must notify his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfere with the safe and effective performance of duties or operation of City equipment (See Attachment A, Article III, Section 3).

Any employee who thinks he/she may have an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City’s Employee Assistance Program (EAP) counselor. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.

F. MANAGERS’ AND SUPERVISORS’ RESPONSIBILITIES

1. Managers and supervisors are responsible for enforcement of this policy and will inform the Department Head and the Human Resources Manager of any violations.

2. Employees who may have a suspected alcohol or drug use problem should be encouraged to voluntarily seek confidential assistance from the City’s Employee Assistance Program (EAP).

3. When an employee is involved in an accident, managers and supervisors shall prevent the employee from engaging in further work, remove the employee from the workplace, and then send the employee for a drug and/or alcohol tests within the timelines outlined in Section D. 2 above.

4. When it is suspected that an employee may have illegal drugs or is under the influence of illegal drugs, managers and supervisors may notify the appropriate law enforcement agency.

G. PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND ALCOHOL

1. Alcohol Testing:

Alcohol testing will be conducted by using an evidential breath device (EBT) approved by the National Highway Traffic Safety Administration. (Non-EBT devices may be used for initial screening tests.)
A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted. A positive test for alcohol means a confirmed alcohol concentration of 0.08 or more.

Appendix C- Drug and Alcohol Testing Policy

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The procedures that will be utilized by the collection and testing of the specimen shall be the same as those required under the City Of Santa Barbara Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations (49 CFR 40).

2. Drug Testing:

Drug testing will be conducted pursuant to the same requirements as those required by the City Of Santa Barbara Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations (49 CFR Part 40).
a. The urine specimen will be split into two (2) bottles labeled as: primary" and "split" specimen. Both bottles will be sent to the lab;
b. A positive test means a test that is positive for controlled substances under the Federal D.O.T. Urine Specimen Testing Levels (Current levels ATTACHMENT B).

If the urinalysis of the primary specimen tests positive for the presence of controlled substances, the employee has seventy-two (72) hours to request that the split specimen be analyzed by a different certified lab at the employee's cost. c. The urine sample will be tested for the following: marijuana, cocaine, opiates, amphetamines, and phencyclidine;
d. If the test is positive for one or more of the drugs, a confirmation test will be performed using gas chromatography/mass spectrometry analysis; e. All drug results will be reviewed and interpreted by a physician before they are reported to the employee and then to the City;
f. With all positive drug tests, the physician (a.k.a. Medical Review Officer) will first contact the employee to determine if there is an alternative medical explanation for the positive test result. If documentation is provided and the MRO determines that there was a legitimate medical use for the prohibited drug, the test result may be reported to the City as "negative."

3. Confidentiality:

The confidentiality of records shall be maintained in the same manner as set forth in the City Of Santa Barbara Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations.

H. CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST:

FAILING A PRE-EMPLOYMENT DRUG TEST WILL BE GROUNDS FOR REJECTION FROM EMPLOYMENT.

UPON FAILING A POST-ACCIDENT ALCOHOL AND/OR DRUG TEST THE EMPLOYEE:

1. Will be removed from driving or operating any heavy or dangerous equipment;

2. May be disciplined up to termination. Failing/refusal to take a controlled substances/alcohol test may result in disciplinary action, up to and including termination.

Appendix C- Drug and Alcohol Testing Policy

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Santa Barbara City CouncilApril 12, 2022

Santa Barbara City Council
April 12, 2022