Santa Barbara City Council
June 14, 2022

dogs that are impounded by the SBPD, and potential remedies that the administrative hearing officer can impose if he or she finds the dog dangerous or vicious. There have been six administrative hearings conducted by the SBPD over the last 5 years regarding dogs that have bitten other animals or person(s).

A “potentially dangerous” dog is defined as when, on at least two separate occasions within a 36-month period, a dog engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal, or livestock. The primary purpose behind the definition of a potentially dangerous dog is that an attempted attack is often a precursor to subsequent attacks on pets, livestock, and people.

On the other hand, a dog can be determined to be vicious if it: (a) Inflicts serious injury or kills a person or another animal when unprovoked; or (b) If it has been previously designated to be dangerous or vicious in the City of Santa Barbara or another jurisdiction.

Administrative Process Update
As mentioned before, the proposed changes to Title 6 also detail the Administrative Hearing and Appeal process for any dog deemed dangerous or vicious by the Animal Control Department. The Administrative Hearing process requires the Animal Control Supervisor to prepare a record that explains why the dog should be deemed dangerous or vicious and the supporting evidence. The Administrative Hearing is required to be held in front of a neutral Hearing Officer, no less than five working days and not more than ten working days after the service upon the guardian of the dog. The hearings are public.

If a dog is determined to be potentially dangerous or vicious, then the guardian can file an appeal to Santa Barbara Superior Court within 14 calendar days after receiving the written decision from the Hearing Officer. The appeal will be a bench trial (no jury) and is de novo, which means it starts anew as if it had not been previously heard nor decided.

The decision of the Superior Court is final pursuant to California Food & Agricultural Code Section 31624.

New Power to Impose Restrictions on Dogs
Another substantive amendment to the ordinance is that dogs that have acted in a dangerous or vicious manner can be managed through restrictions imposed by a Hearing Officer. Dogs that have been determined to be dangerous could result in corrective actions being taken by the guardian, such as putting up a fence around the yard, making the dog wear a muzzle in public, obedience-training classes, or obtaining liability insurance.

The amendments also propose additional action to be taken with a vicious dog that is not euthanized, including the following: posting notices on the property that there has been a Council Agenda Report
Introduction Of An Ordinance Amending Title 6 Of The Municipal Code Pertaining To Animal Control
June 14, 2022

determination of a vicious dog; an enclosure that is enclosed on all sides and is locked by a padlock with a top and a cement floor; and prohibiting ownership for a period of three years if it is determined at the hearing that ownership or possession of a dog by that person would create a significant threat to the public safety.

Penalties
Failure to comply with any of the conditions imposed by the Hearing Officer would be a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment in the County jail for a period not to exceed six months. A provision has been added allowing an animal guardian to file a petition requesting removal of the “dangerous or vicious” designation after a 2-year period if no additional incidents have taken place.

Other Changes
Other important amendments to Title 6 include the following:
 Addition of a new section addressing adequate care of animals, such as the sanitation of quarters where animals are housed. Failure to abate unsafe or unhealthy conditions when directed by an Animal Control Officer could lead to impoundment.
 Defining an irresponsible guardian, which includes: a dog found at large multiple times in a 12-month period, a dog that has committed two or more less severe bites, and a dog deemed dangerous or vicious.
 Defining what constitutes a dog noise nuisance, which is when any dog emits excessive noise such as barks, cries, or sounds that are loud, frequent, and continued over a period of time so as to deprive persons residing in two or more dwelling units in the neighborhood of the reasonable comfortable enjoyment of their property.
 Amending the City’s rabies vaccination requirement to include: mandatory vaccination for a dog or cat over four months of age by a licensed veterinarian 15 days after acquiring the animal or 15 days after bringing the animal to reside in the City limits; re-vaccination 12 months after the animal’s initial vaccination if the dog or cat was between three months and one year of age at the time of the initial vaccination and 36 months after each subsequent vaccination; and amending the requirements of what is provided on a vaccination certificate.  Mandating that dogs which have been determined to be dangerous or vicious, or that respond with aggression in the presence of other dogs, not be permitted in offleash dog areas.

Council Agenda Report
Introduction Of An Ordinance Amending Title 6 Of The Municipal Code Pertaining To Animal Control
June 14, 2022

 Requiring a guardian of an animal that either demonstrates symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies to immediately notify the Police Department. An Animal Control Officer can then require an examination by a veterinarian. The animal will be required to be kept isolated in a pound, or in a veterinary hospital, or in at-home quarantine, if the Officer determines that it is appropriate.
 In the event that an animal is impounded and the guardian does not have evidence of rabies vaccination and a dog license, the animal will be released to the guardian, if they pay all outstanding fees. They then have 14 days, after the release of the animal, to provide evidence of rabies vaccination and licensing to the Animal Control Officer. Failure to provide the required proof of vaccination and licensing will result in the seizure of the animal by Animal Control.  Elimination of the Municipal Code section that requires the destruction of impounded animals.

BUDGET/FINANCIAL INFORMATION:

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

PREPARED BY: John Doimas, Assistant City Attorney
SUBMITTED BY: Ariel Calonne, City Attorney
APPROVED BY: City Administrator's Office
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1 ORDINANCE NO. ______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE MUNICIPAL
CODE BY AMENDING TITLE 6 RELATING TO

ANIMAL CONTROL

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

SECTION 1. Chapter 6.04 of Title 6 of the Santa Barbara Municipal Code is amended to read as follows:

6.04.010 Definitions.

Whenever in this title the following terms are used, they shall be deemed and construed to have the meaning ascribed to them in this section unless it is apparent from the context in which they appear that some other meaning is intended. The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:

A. DEPARTMENT. The Santa Barbara Police Department.

B. ENCLOSURE. A fence or structure that will prevent the entry of children and that will confine a potentially dangerous or a vicious dog, in conjunction with other measures that may be required to be taken by the guardian of the dog. The enclosure must be designed and maintained at all times in a manner that prevents the animal from escaping the enclosure.

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2 C. FOWL. Any chicken, turkey, goose, duck, pigeon, fancy pigeon, guinea fowl, pea fowl or poultry, but not a racing or homing pigeon.

D. GUARDIAN. A person owning or having possession, charge, custody or control of any animal.

E. IMPOUNDED. Having been received into the custody of the City or into the custody of the Animal Control Supervisor or an animal control officer.

F. ISOLATION. Confinement in such manner that the animal cannot bite any other animal or human being.

G. KENNEL. Any lot, building, structure, enclosure or premises whereon or wherein four or more dogs are kept or maintained for any purpose.

H. LEASH. A rope, leather strap, or similar device intended to control a dog on a City street or public place and which is no longer than six feet.

I. POLICE ANIMAL. An animal which has been trained to perform official police duties and is in fact being used by a peace officer in the performance of official duties.

J. POTENTIALLY DANGEROUS DOG. A dog that:

While not present upon the property of the guardian and on at least two separate occasions within the prior 36-month period, engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal, or livestock;
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3 When unprovoked, bites a person or otherwise engages in aggressive behavior, causing a less severe injury than as defined in this Section; When unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock while not present upon the property of the guardian of the dog.

K. QUARANTINE. The confinement of any animal in such a manner so the animal may not expose to contagious disease or injure any person or other animal.

L. RACING OR HOMING PIGEON. A pedigree pigeon which is banded and kept for the purpose of racing or homing sporting events conducted by a nationally affiliated sporting association such as, but not limited to the American Racing Pigeon Union or the International Federation of Racing Pigeon Fanciers.

M. SERVICE ANIMAL. A guide dog or seeing-eye dog trained by a person licensed under Business and Professions Code Section 7200, et seq., including a signal dog, other dog, or miniature horse, trained to do work or perform tasks for the benefit of a person with a disability, including, but not limited to, guiding persons with impaired vision, alerting persons with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

N. SEVERE INJURY. Any physical harm to a person or animal that results in a serious illness or injury, including but not limited to a major fracture, muscle tears, or disfiguring lacerations requiring multiple sutures or corrective or cosmetic surgery.

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4 O. VICIOUS DOG. "Vicious dog" means any of the following:

1. A dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a person.

2. A dog that kills or inflicts on another domestic animal or livestock a severe injury to an animal, when the killed or injured animal is properly contained on the property of its guardian or is being walked on leash by its guardian or is being physically controlled by its guardian.

3.2. A dog previously designated as and currently listed as a potentially dangerous dog in the City of Santa Barbara, or its equivalent to be a dangerous or vicious dog in another jurisdiction, which, after its guardian has been notified of that designation, continues the behavior described in this Section or is maintained in violation of Section 6.22.070, a stipulation, an administrative decision, a court order, or restrictions placed upon it by another jurisdiction.

P. VOICE AND SIGHT CONTROL. The ability of a dog guardian to adequately control a dog by using voice commands and sight commands (such as hand gestures). In order for a guardian or keeper to have voice and sight control over a dog, the guardian must be able to see the dog's actions at all times; and Be able to prevent the dog from engaging in the following behaviors, using voice and sight commands, without regard to circumstances or distractions:

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5 1. Charging, chasing, or otherwise displaying aggression toward any person or behaving toward any person in a manner that a reasonable person would find harassing or disturbing;

2. Charging, chasing, or otherwise displaying aggression toward any dog;

3. Chasing, harassing, or disturbing wildlife or livestock; or

4. Failing to come to and stay with the guardian immediately upon command by such person.

Q. UNLICENSED DOG. Any dog for which the City license fee for the current year has not been paid by the current guardian owner or to which the tag provided for in this t Title is not attached.

6.04.020 Disposition of Funds Collected Under Title.

All funds collected under the provisions of this Ttitle shall be deposited to the credit of the City “General Fund,” except that for fees charged for vaccination at the dog vaccination clinics conducted by the County Health Officer may be retained by the veterinarian performing such vaccination; provided, that the veterinarian shall provide all materials and supplies necessary to perform the vaccination.

6.04.030 Police Animals.

A. RIGHT TO ENTER. Any public or private place at which a police officer has a lawful right to enter or be present in the performance of official police duties may be entered by any police animal.

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6 B. PROHIBITION. It is unlawful for any person to willfully torture, tease, torment, beat, kick, strike, mutilate, injure, disable, or kill any police animal.

C. EXEMPTION. Police animals shall be exempt from the provisions of Section

6.08.020.B while under the control of their handlers and in the performance of official police duties.

6.04.040 Interference with Animal Control Duties.

It is unlawful for any person to willfully resist, delay or obstruct any animal control officer or peace officer of the City of Santa Barbara in the discharge or attempt to discharge any duty imposed upon such officer pursuant to this title or other provisions of the municipal code. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; prior code §5.42)
It shall be unlawful for any person to interfere with, molest, hinder, resist or obstruct an animal control or law enforcement officer during the performance of his/her duties.

Animal control or law enforcement officers shall have the duty to enforce the provisions of this Chapter and applicable state or local animal control laws.

6.04.050 Adequate Care.

A guardian of an animal must provide that animal with adequate feed, water, shelter, exercise, and veterinary care. A guardian of an animal cannot keep or permit to keep upon any premises, any animal in foul, offensive, obnoxious, filthy, or unsanitary conditions.

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7 1. A guardian must, when ordered to do so by an animal control officer, provide care, feed, water, shelter, exercise, or veterinary care.

2. A guardian must, when ordered to do so by an animal control officer, clean or disinfect any stable, barn, stall, pen, coop, enclosure, building, or other place where any animal is kept, and/or any box, bin, or receptacle used for the accumulation of manure or waste.

3. The provisions of this Section are applicable to any place where domestic animals are kept, including animal shelters, dealers, pet shops, exhibitors, kennels, catteries, groomers, boarding and establishments with a dog and/or cat fancier’s license.

An animal control officer or a law enforcement officer may enter any of these facilities at any time during the hours of 8:00 a.m. to 6:00 p.m. to inspect such facility for compliance with the provisions of this Chapter.

4. Violations of this Section will be grounds for immediate impoundment by the animal control officer.

6.04.060 Irresponsible Guardian.

A guardian of an animal will be determined as an irresponsible guardian when any of the following occurs:

1. The guardian’s animal(s) are impounded for being off the guardian’s property in violation of any state or local law prohibiting the running of at large of animals on three separate occasions within a 12-month period.

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8 2. The guardian’s animal is found at large in Santa Barbara, on two separate occasions within a 12-month period.

3. When unprovoked, the guardian’s animal has bitten or caused less than severe injury on two separate occasions.

4. When unprovoked, the guardian’s animal has caused severe injury or death to another animal off the guardian’s property.

5. The guardian’s dog has been declared a potentially dangerous or vicious dog under Chapter 6.24.

6. The guardian has been declared an irresponsible guardian twice in a 24 month period under Section 6.04.050.

6.04.070 Enforcement.

Violations of this Chapter may be enforced pursuant to Chapters 1.25 and 1.28 of this Code and any other remedy available to the City.

SECTION 2. Chapter 6.08 of Title 6 of the Santa Barbara Municipal Code is amended to read as follows:

6.08.010 Raising Rabbits, Chickens and Fowl.

A. GENERALLY. Except where two or fewer rabbits, chickens or fowl are kept as pets and not for commercial or breeding purposes, rabbits, chickens and other fowl may not be kept or raised unless in accordance with the following conditions:

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9 1. No more than 15 rabbits, chickens or fowl, or any combination thereof, may be kept at any one time on any premises zoned pursuant to Title 28 of the Santa Barbara Municipal Code as R-4, R-3, R-2, R-1, E-3, or E-2, or zoned pursuant to Title 30 of the Santa Barbara Municipal Code as R-MH, R-M, R-2, RS-7.5 or RS-10.

2. No more than 30 rabbits, chickens or fowl, or any combination thereof, may be kept at any one time on any premises zoned pursuant to Title 28 as E-1, A-2 or A-1, or zoned pursuant to Title 30 as RS-15, RS-25 or RS-1a.

3. No more than 100 racing or homing pigeons may be kept at any one time on any premises within the City.

4. All rabbits, chickens, fowl or racing or homing pigeons shall be kept in cages, hutches or coops which shall be maintained in a clean and sanitary condition at all times. Any such cage, hutch or coop shall be located outside the front yard, as that term is defined in Chapter 28.04 or Section 30.300.250, and shall be located at least 100 feet from any property being used as a school, park, hospital or similar institution and at least 35 feet from any dwelling unit or structure used for human habitation and located on an adjoining lot.

B. ROOSTERS. It is unlawful to keep or maintain a rooster.

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10 6.08.020 Animals Running at Large and Grazing Prohibited - Exception - Nuisance.

A. ANIMALS AT LARGE. It is unlawful for any guardian person owning or having possession, charge, custody or control of any animal, to cause or permit or allow the same to stray or run, or in any other manner to be at large in or upon any unenclosed lot or place. Whenever an animal is found running at large, the same shall constitute prima facie evidence that the guardian owner permitted it to run at large. It shall likewise be unlawful for any guardian person owning or having possession, charge, custody or control of any animal to cause or permit or allow the same to be staked out, or to herd or graze any animal upon any unenclosed private lot or land in such a manner that the rope or other attachment by which such animal is tethered may permit such animal to be or to go beyond the boundaries of the unenclosed private lot or land. Any animal, suffered or permitted to be at large, or otherwise to be within the City in violation of the provisions of this title, is declared to be a public nuisance.

B. DOGS IN PUBLIC. No dog is permitted upon a street or other public place unless on a leash not in excess of six feet in length and under the immediate care and control of the owner or other person having the care and custody guardian thereof, except during supervised dog training classes, shows or exhibitions held in City Pparks when authorized by a Park Use Permit issued by the Parks and Recreation Department.

C. OFF-LEASH DOG AREAS IN CITY PARKS AND BEACH. Notwithstanding anything in this sSection to the contrary, properly licensed and tagged dogs without vicious, dangerous or aggressive propensities and which are healthy and not in heat and COUNCIL INTRODUCTION DRAFT 06/14/22

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11 not in heat may be exercised off-leash within the areas designated in pParagraph 2 below, provided the dog is if under the voice and sight control, care, and custody or control of a person responsible for the guardian of the off-leash dog. Dogs that have been determined to be potentially dangerous or vicious, or that respond with aggression in the presence of other dogs are not permitted in off-leash dog areas.

1. Responsible PersonDog Guardian. An off-leash dog guardian person having possession, charge, custody or control of the off-leash dog must remain present with the off-leash dog at all times, must carry a leash, must leash the dog at the first sign of aggression, must clean up dog feces created by the dog, and bears full responsibility for filling any holes and repairing any damage created by the dog. The guardian of person responsible for the off-leash dog must comply with rules and regulations regarding the park, and must remove the dog when the off-leash dog park is closed.

2. Off-Leash Dog Areas. Dogs may be exercised off-leash in the following areas:
a. Douglas Family Preserve, within the area posted by the Parks and Recreation Department in accordance with the a resolution adopted by the City Council.
b. Elings Park, subject to the rules and regulations of the operator of the park.
c. Hale Park.

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12 d. On the beach from the Shoreline Park Staircase west to the eastern edge of the Arroyo Burro Estuary.
e. MacKenzie Park, in the fenced designated off-leash area.

D. PENALTIES FOR VIOLATION. Any violation of this sSection will be charged and prosecuted as an infraction. If the person charged hereunder has been previously convicted of violating this sSection and the animal at large bites, attacks or causes injury to any person or other animal, the violation of this sSection may be charged and prosecuted as an infraction or a misdemeanor in accordance with Section 1.28.010 of this Code. The Animal Control Supervisor and all animal control officers, park rangers and police officers shall have the duty and the authority to enforce this sSection.

6.08.025 Sanitation of Quarters.

It is unlawful for any person to own or maintain any cage, hutch, aviary, place, property or area in which any animal is kept in an unsanitary manner due to the accumulation of feces, urine, uneaten food or other matter that is harmful to the health, safety or welfare of the animal, other animals or any human being. Any feces, uneaten food, or other matter that emits an offensive odor or encourages the breeding of flies or other insects shall be collected daily and not be allowed to accumulate.

6.08.030 Disturbing the Peace.

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13 It is hereby declared to be a public nuisance, and it shall be unlawful for any person to keep, maintain or permit upon any lot or parcel of land under his or her control, any animal which, by any loud, unnecessary or repeated barking, sound, cry or other noise, shall unreasonably disturb the peace and comfort of any neighborhood.

6.08.035 Dog Noise Nuisance.

A. It shall be unlawful and a public nuisance for any person to keep, maintain or permit any dog under his or her charge, care, custody or control to emit excessive noise.

B. For purposes of Subsection A of this Section, the term "excessive noise" shall mean the utterance of barks, cries or sounds which are loud, frequent and continued over a period of time so as to deprive persons residing in two or more dwelling units in the neighborhood of the reasonable comfortable enjoyment of their property.

6.08.040 Public Nuisance.

Any animal, domesticated or otherwise, which in the opinion of the Animal Control Supervisor or designated animal control officer has a propensity towards viciousness or ferocity, and has shown a capacity for attacking persons, animals or property, may be declared a public nuisance by the Animal Control Supervisor or designated animal control officer. The City, or any resident thereof, in his or her own name, may maintain an action in equity to abate such nuisance and to enjoin the guardian owner of such animal from permitting it to remain a menace to the public. Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, the guardian owner of an animal COUNCIL INTRODUCTION DRAFT 06/14/22

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14 determined to be a public nuisance shall be liable for the reasonable attorney fees and costs, as may be determined by the court, incurred by the party bringing the action.

6.08.050 Abandonment of Animals.

It is unlawful for a guardian any person owning or having the care and custody of any animal to abandon, leave, or fail to provide care for the said animal within the City.

6.08.060 Keeping Livestock.

Except as otherwise provided in Title 28 of this cCode relating to the permitted uses in one-family residential (Title 28) or residential single unit (Title 30) zones, it shall be unlawful for any person to keep any cow, calf, hog, sheep, goat or any other clovenfooted hoofed animal, other than horses, on any lot less than one and one-half (1-1/2) acres in size. In addition, no such animals, nor any pen, stable, barn or corral shall be kept or maintained within 35 feet of any property line, dwelling or other building used for human habitation. The keeping of horses is subject to Santa Barbara Municipal Code Section 30.185.210.

6.08.070 Animals - Public Beaches and Harbor.

A. PROHIBITION. It is unlawful for any guardian person owning or having possession, charge, custody or control of any animal to cause or permit or allow an animal the same, whether or not on leash or restraint, to be upon a beach or within the Santa Barbara Harbor except that:

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15 1. Dogs are permitted on the beach at any point between Shoreline Park staircase and the westerly City limits subject to the provisions of Section 6.08.020; and or

2. Horses are permitted on the beach at any point between Lighthouse Point and the westerly City limits if restrained in conformance with the provisions of Section 6.08.020; and or

3. Horses may be allowed within sponsored parades on the beach between the eastern City Limits and Stearns Wharf, between sunrise and 11:00 a.m. except on Sundays or holidays recognized by the City, if the parade sponsor holds both a special event permit from the Police Department according to Chapter 9.12 and a Parks and Recreation Department use permit according to Chapter 15.05, if restrained in conformance with the provisions of Section 6.08.020.

For the purposes of this sSection, the Harbor is defined as an area circumscribed on the west by the westerly edge of the breakwater and the easterly edge of Harbor Way, on the south by a straight line between the seaward end of the Bbreakwater and the seaward end of Stearns Wharf, on the east by the westerly edge of Stearns Wharf, and on the north by Cabrillo Boulevard not to include any sidewalk adjacent thereto. It shall include all marinas, wharves, docks, the breakwater, lawns, buildings, sidewalks and parking lots, but not boats.

B. EXCEPTIONS. This s Section shall not apply to:

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16 1. The owners of boats in the Harbor who are crossing the docks and landward areas of the Harbor to reach their boats or leave the Harbor with their dogs on leash and under their control.

2. Any blind person owning or having possession, charge, custody or control of a service animal guide dog.

3. A police animal.

SECTION 3. Chapter 6.16 of Title 6 of the Santa Barbara Municipal Code is amended to read as follows:

6.16.010 Suspicion - Report to County Health Officer.

Whenever the guardian of an animal observes or learns that their animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the guardian shall immediately notify the Police Department. An Animal Control Officer shall make or cause an inspection or examination, and if warranted by signs of disease, ensure that an examination of the animal be made by a licensed veterinarian until the existence or nonexistence of rabies in the animal is established by the veterinarian. The animal shall be kept isolated in a shelter, or veterinary hospital, or in a manner approved by the Animal Control Officer, including home quarantine where the Officer determines that it is appropriate. If after 10 days there are no symptoms of rabies, the animal shall be released. The County Health Officer or his or her designated agent shall destroy any animal exhibiting signs of rabies.

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17 Whenever the owner or person having the custody or possession guardian of an animal shall observes or learns that such an animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the guardian such owner or person having the custody or possession of such animal shall immediately notify the County Health Officer. The County Health Officer shall make or cause an inspection or examination of such animal to be made by a licensed veterinarian until the existence or nonexistence of rabies in such animal is established by such veterinarian. Such The animal shall be kept isolated in a pound, or veterinary hospital, in a manner approved by the local County Health Officer. If after 10 days there are no symptoms of rabies, such animal may be released. The County Health Officer shall destroy any animal exhibiting signs of rabies.

6.16.020 Suspicion - Inspection on Private Property.

The County Health Officer is hereby authorized and empowered to enter upon private property where any dog or other animal is kept or believed by him or her them to be kept, for the purpose of ascertaining whether such the dog or other animals are is afflicted or infected with rabies.

6.16.030 Disposal - Laboratory Specimens - Cost.

If any rabid animal, clinically suspected rabid animal or biting animal dies or has been destroyed, adequate specimens shall be obtained and examined in a Public Health COUNCIL INTRODUCTION DRAFT 06/14/22

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18 laboratory approved by the State Health Department. All costs incurred shall be paid by the owner guardian of the animal.

6.16.040 Quarantine - Confinement Specified.

If, in the opinion of the County Health Officer, an outbreak of rabies appears imminent in any part of the City, the County Health Officer may, (1) establish a rabies quarantine area, which may include the entire City, and (2) specify the animals subject to quarantine. Every guardian person owning or having possession or control of any such animal in any quarantine area shall at all times keep the animal securely fastened with a rope, chain, or leash, or confined within the private property of the owner. Any animal found at large in or upon any place in a rabies quarantine area shall be captured and confined in the animal control facility until the animal is established as being free from rabies, at which time it may be reclaimed by its guardian owner, upon payment of such fees as are provided by resolution of the City Council.

6.16.050 Reports of Animal Biting - Isolation - Release - Cost.

Any guardian of an person owning, possessing or harboring any animal that bites any person, and any person bitten by such animal, shall report the same to the Police Department within 24 hours. The Police Department upon the receipt of such report will shall investigate and inform the Animal Control Supervisor or designated animal control officer and the County Health Officer of the available information concerning such the bite. The Animal Control Supervisor or designated animal control officer shall take custody of and isolate all such biting animals. The animal shall be kept isolated for COUNCIL INTRODUCTION DRAFT 06/14/22

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19 10 days in a shelter, or in a veterinary hospital, in a manner approved by the Animal Control Officer, including in at-home quarantine, where the Officer determines that it is appropriate. Currently licensed and vaccinated dogs shall be isolated for up to 10 days in a manner prescribed by the County Health Officer. All other biting animals shall be isolated in an animal control facility or veterinary hospital for up to 10 days after infliction of bite. A biting dog may be released by the veterinarian after five or more days of isolation, if the observing veterinarian certifies that there are no clinical signs or symptoms of any disease. All dogs shall be vaccinated and licensed before release. In the event that the guardian does not have evidence of rabies vaccination and a dog license, but pays all impound and other fees, the animal shall be released to the guardian, who shall have 14 days to provide evidence of rabies vaccination and licensing to the Animal Control Officer. Failure to provide the required proof of vaccination and licensing will result in the seizure of the animal by Animal Control. All costs incurred shall be paid by the owner guardian of the animal.

6.16.055 Failure to Isolate or Surrender Biting Animal.

It is unlawful for a guardian an owner or person having the custody or possession of an animal to fail to isolate an animal in the manner required by the Animal Control Supervisor, designated animal control officer, or County Health Officer pursuant to Section 6.16.050. It is unlawful for a guardian n owner or person having the custody or possession of an animal to fail to surrender to the Animal Control Supervisor, designated animal control officer, or County Health Officer any animal required to be taken up and COUNCIL INTRODUCTION DRAFT 06/14/22

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20 isolated by the Animal Control Supervisor, designated animal control officer, or County Health Officer pursuant to Section 6.16.050.

6.16.060 Redemption of Animals Free of Rabies - Disposition of Unclaimed Animals.

In the event that an animal appears to be free from rabies following capture and the owner guardian desires to claim the animal, it shall be returned to him or her the guardian upon exhibition of a proper certificate of rabies vaccination, receipt of an official license tag in the case of a dog, and upon payment of all impound fees and such other fees as are hereafter provided in this c Chapter. In the event that the guardian does not have evidence of rabies vaccination and a dog license, but pays all impound and other fees, the animal shall be released to the guardian, who shall have 14 days to provide evidence of rabies vaccination and licensing. Failure to provide the required proof of vaccination and licensing will result in the seizure of the animal.

In the event the owner guardian does not claim the animal within three days after seizure and in the event that the City continues to hold the possession, the City may deliver the dog to another person desiring the animal, upon the same conditions outlined above; or the City may otherwise dispose or destroy the dog in a humane manner.

6.16.070 Vaccination - Required.

It is unlawful for any person owning, harboring or having the care, custody or possession of any dog to keep or maintain such dog in any place in the City, unless such dog has COUNCIL INTRODUCTION DRAFT 06/14/22

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21 been vaccinated with canine anti-rabies vaccine, by a method approved by the County Health Officer. The effective duration of immunity elicited in dogs vaccinated with canine anti-rabies vaccines, modified live-virus chick embryo origin or with brain-tissue killed virus phenolized or other, recognized for the purpose of this chapter, shall be specified by the County Health Officer, but shall not in any event exceed those periods recommended by the State Health Department and duly endorsed by the Conference of Local County Health Officers of the State. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §12, 1975; prior code §5.19)
A guardian of a dog or cat over four months of age in the City's jurisdiction must have the dog or cat vaccinated against rabies by a licensed veterinarian on or before the latest of the following dates:

A. 15 days after first acquiring the dog or cat;
B. 15 days after bringing the dog or cat into the Department's jurisdiction.

6.16.075 Re-vaccination.

A guardian of a dog or cat in the City's jurisdiction that has been vaccinated against rabies is required to have the dog or cat re-vaccinated within a period of not more than:

A. 12 months after the dog's or cat's initial vaccination if the dog or cat was between three months and one year of age at the time of such vaccination; and B. 36 months after each subsequent vaccination.

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22 C. A Guardian of a dog or cat may obtain a waiver from a veterinarian if immunization would compromise the animal’s health.

6.16.080 Vaccination - Certificate of Vaccination Issued to GuardianOwner.

The licensed veterinarian vaccinating a dog shall issue to the owner or person in possession of the dog a certificate of vaccination which shall include a statement as to the type, lot, number and amount of canine anti-rabies vaccine used in vaccinating the dog. The County Health Officer, subject to the approval of the City Administrator, may establish dog vaccination clinics. At such clinics there will be a fee for each dog vaccinated. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744 §§12, 13, 1975; prior code §5.20)
A licensed veterinarian who vaccinates a dog or cat against rabies must immediately issue a certificate of vaccination signed by the veterinarian to the guardian or custodian of the dog or cat, and a duplicate certificate to the Animal Control Supervisor, stating:

A. The name and address of the guardian of the vaccinated dog or cat; B. The type of vaccine used, the name of the manufacturer, the manufacturer's serial or lot number, and the date of the vaccination; and C. The breed, age, color, and sex of the vaccinated dog or cat.

SECTION 4. Chapter 6.20 of Title 6 of the Santa Barbara Municipal Code is amended to read as follows:

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23 6.20.010 Duties Generally.

The Animal Control Supervisor and all animal control officers shall have the duty to enforce the provisions of this Title and applicable state animal control laws.

6.20.020 Records.

The Animal Control Supervisor or designated animal control officer shall keep a record of each animal impounded for no less than the authorized records retention period. which record shall show the date of receipt of such animal, the date and manner of its disposal, and if redeemed, reclaimed or sold, the name of the person by whom redeemed, reclaimed or purchased, the address of such person, and amounts of all fees received or collected for or because of the impounding, reclaiming or purchasing, together with the number of any tag, the date of any license exhibited or issued upon the redemption or sale of any such animal. (Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1987; prior code §5.47)

6.20.030 Capture of Dogs.

The Animal Control Supervisor, and all animal control officers, must, and are hereby authorized and empowered to, capture any unlicensed dog or dog not vaccinated as required by law, which is found running at large, upon or in any place within the City and confine such dog at the animal control facility.

6.20.040 Retention Without Guardian’s Owner’s Consent.

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24 Upon the discovery of a lost dog, cat or other pet animal under circumstances which give knowledge of, or means of inquiry as to, the guardian true owner, the person so discovering such the dog, cat or other pet animal shall promptly take reasonable steps to notify the true owner guardian or the Animal Control Supervisor or designated animal control officer.

6.20.050 Notification of to Guardian Owner of Impounded Dogs.

The Animal Control Supervisor, all animal control officers, or other person capturing and holding a dog under the provisions of this c Chapter shall make reasonable effort to locate and notify the guardian owner that the animal is being held at the animal control facility and may be reclaimed within a period for holding an owned animal under California Food and Agricultural Code Sections 31108, 31752, and 31752.5. of three days from the date of seizure as provided in this c Chapter. No dog shall be released without payment of all impound fees, outstanding animal control citations more than 30 days old, and evidence of a proper certificate of vaccination and license. In the event that the guardian does not have evidence of rabies vaccination and a dog license, but pays all impound and other fees, the animal shall be released to the guardian, who shall have 14 days to provide evidence of rabies vaccination and licensing.

Failure to provide the required proof of vaccination and licensing will result in the seizure of the animal.

6.20.060 Confinement and Examination of Dogs.

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25 Any dog impounded by the Animal Control Supervisor and animal control officers by reason of no current vaccination shall be confined at the animal control facility at the owner guardian’s expense. The dog shall not be released without receipt of a current vaccination and license. In the event that the guardian does not have evidence of rabies vaccination and a dog license, but pays all impound and other fees, the animal shall be released to the guardian, who shall have 14 days to provide evidence of rabies vaccination and licensing. Failure to provide the required proof of vaccination and licensing will result in the seizure of the animal. It shall be the duty of the County Health Officer to examine or cause to be examined by a licensed veterinarian any animal suspected of having rabies to determine whether or not it is so afflicted.

6.20.070 Notification of County Health Officer of Suspected Rabid Dogs.

The Animal Control Supervisor or animal control officers, shall immediately notify the County Health Officer of the location and description of any dog or other animal infected or believed to be infected with or exposed to rabies.

6.20.080 Treatment of Animals.

The Animal Control Supervisor or designated animal control officer shall provide the necessary subsistence for animals while in custody and shall not alter, nor allow to be altered any mark or brand thereon, and shall not allow cruel treatment of the animal.

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26 6.20.090 Destruction of Impounded Animals.

A. It shall be the duty of t The Animal Control Supervisor or an animal control officer may to humanely destroy, without cost to the guardian individual owner, any and all animals, which shall be that are brought to the animal control facility, provided that no animal may be destroyed sooner not less than 72 hours three days after the taking up and impounding of any animal is impounded unless it be sooner redeemed. A guardian may claim the animal during the 72 hour period.

B. Whenever any animal is impounded which by reason of old age, disease or other infirmity is unfit by reason of old age, disease or other infirmity for further use or dangerous to be kept impounded, the Animal Control Supervisor shall may destroy the animal within 24 hours of impoundment destroy such animal.

C. Any animal which is impounded shall be kept at the risk of the guardian, and neither the City, nor its officers, agents, or employees, shall be liable to the guardian for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitled to reclaim the animal. Neither the City nor its officers, agents, or employees, shall be liable for injury or disease to any animal incurred while such animal is being captured, transported, or impounded.

SECTION 5. Title 6 of the Santa Barbara Municipal Code is amended by adding Chapter 6.22 which reads as follows:

POTENTIALLY DANGEROUS AND VICIOUS DOGS

6.22.010 Right of Entry and Inspection.

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27 A. An animal control or a law enforcement officer may enter and inspect private property to inspect the premises only if:

1. The owner or occupant of the building or property consents to the entry and inspection after the authorized animal control or law enforcement officer presents their credentials and explains the reasons for the entry and inspection; or

2. The authorized animal control or law enforcement officer obtains a warrant for the entry and inspection of the building or property under Sections 1822.50 to 1822.57 of the Code of Civil Procedure; or

3. The authorized animal control or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so hazardous, unsafe, or dangerous that an immediate inspection is necessary to safeguard an animal or public health and safety. Under these circumstances, the employee or officer may use reasonable means to immediately enter and inspect the building or property after presenting their credentials to the owner or occupant and requesting entry, if possible under the circumstances.

B. This Section does not prohibit an authorized animal control or law enforcement officer from entering property for the purpose of capturing an animal running at large.

6.22.020 Authority to Seize and Impound Animal Posing an Immediate Threat to Public Safety.

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28 An animal control or law enforcement officer may seize and impound a dog at large when probable cause exists that the dog poses an immediate threat to public safety. The guardian of the dog is liable for the impound fee and costs if the dog is determined to be potentially dangerous or vicious. The fees and costs must be paid before the release of the dog, but no later than 14 days after the dog is available to be released.

6.22.030 Initial Administrative Review by Animal Control Supervisor of Potentially Dangerous Dog.

If grounds exist, the Animal Control Supervisor may impose conditions on the keeping of a potentially dangerous dog in lieu of serving a petition to determine if the dog is potentially dangerous. The Animal Control Supervisor will give written notice to the dog guardian of their intention to impose conditions on the keeping of the dog. Within no more than 14 calendar days after the written notice, the guardian may agree to the designation of potentially dangerous dog and to the conditions or may submit a written request for a hearing as provided in Section 6.22.040. Upon agreement, the guardian must comply with the imposed conditions. Failure to do so is enforceable as provided in Santa Barbara Municipal Code Chapters 1.25 and 1.28 as well as any other applicable provision of the Code.

6.22.040 Potentially Dangerous or Vicious Dog Administrative Hearing.

A. Hearing. The administrative hearing procedure described in this Section is established pursuant to Food and Agricultural Code Section 31621. If an animal control officer or a law enforcement officer has investigated and determined that there is probable COUNCIL INTRODUCTION DRAFT 06/14/22

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29 cause to believe that a dog is potentially dangerous or vicious, the Animal Control Supervisor shall set an administrative hearing, to determine whether or not the dog in question should be declared restricted or vicious.

B. Notice of Hearing and Petition.

1. Subsequent to the investigation showing probable cause that a dog is potentially dangerous or vicious, the Animal Control Supervisor shall prepare a document that lays out the allegation that the dog is potentially dangerous or vicious and the supporting evidence.

2. Whenever possible, a complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the notice.

3. A notice of the hearing shall be personally served on the guardian or deposited in the mail to the guardian within three calendar days of the seizure of the dog.

The Animal Control Supervisor shall notify the guardian of the dog that an administrative hearing will be held, at which time they may present evidence as to why the dog should not be declared dangerous or vicious.

4. The hearing shall be held promptly within no less than five working days nor more than ten working days after the service upon the guardian of the dog. For the purposes of this Chapter, service is complete either (i) when the documents are COUNCIL INTRODUCTION DRAFT 06/14/22

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30 personally served, or (ii) five business days after the documents are deposited in the mail, whichever is earlier.

C. Conduct of Hearing. The hearing shall be conducted as an administrative hearing. The Administrative Hearing Officer may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The Administrative Hearing Officer may find, upon a preponderance of the evidence, that the dog is dangerous or vicious and shall make other orders or findings required or authorized by this Chapter. The Administrative Hearing Officer may decide all issues for or against the guardian of the dog, even if the guardian fails to appear at the hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admissions of such evidence over objection in civil actions. The hearing shall be open to the public.

D. Administrative Hearing Officer. The hearing shall be conducted by a neutral hearing officer. The Department may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who seized or directed the seizure of the dog.

E. Record. The Administrative Hearing Officer shall record the hearing on a recording device.

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31 F. Following an administrative hearing, a written notice of the decision shall be served on the guardian of the dog either personally and/or by first class mail and certified mail return receipt requested within five calendar days after the date of the hearing.

6.22.050 Appeal from Administrative Decision.

A. If the dog guardian contests the administrative hearing determination, they may, within 14 calendar days after the mailing of the notice of the administrative hearing determination, appeal the decision to the Santa Barbara Superior Court. The party appealing must serve notice of the appeal upon the other party personally or by first class mail, postage prepaid. The party seeking judicial review by the Superior Court must comply with all requirements of Code of Civil Procedure Section 1094.5, et seq.

B. The court hearing the appeal must conduct a hearing de novo, without a jury, and make its own determination as to the potential danger or viciousness of the dog, and make any orders authorized by this Chapter, based upon the evidence presented.

The court may admit all relevant evidence, including incident reports. The issue will be decided upon the preponderance of the evidence.

C. The court hearing the appeal may decide all issues for or against the dog guardian even if the guardian fails to appear at the hearing.

D. The determination of the court hearing the appeal is final and conclusive upon all parties.

6.22.060 Conditions of a Potentially Dangerous Dog Determination.

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32 A. The following conditions must be applied to a dog that has been determined to be potentially dangerous:

1. The dog, while on the guardian’s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. The Department must inspect and give written approval of the yard or enclosure before the dog is released to its guardian. If the dog was not impounded, the Department must inspect and give written approval of the yard or enclosure within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog guardian.

2. The dog may be off the guardian’s premises only if it is restrained by a substantial leash, or appropriate length, and if it is under the control of a responsible adult.

3. Signs shall be placed at all gated entrances to the guardian’s property indicating that a dangerous dog is present.

B. If the dog in question dies, or is sold, transferred, or permanently removed from the city or county where the guardian resides, the guardian shall notify the Department of the changed conditions and new location of the dog in writing within two working days.

C. The following conditions may be applied to a dog that has been determined to be potentially dangerous:

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33 1. The dog may be off the guardian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while it is not on guardian’s property.

2. The dog’s guardian must notify the Department immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock.

If the dog no longer resides with the guardian, or the dog is transferred to another person(s), the guardian must advise the Department of the dog's new location in writing under penalty of perjury, and provide a copy of the administrative decision or court order declaring the dog to be potentially dangerous to the new guardian. Each subsequent guardian must provide each new guardian with a copy of the administrative decision or court order. Likewise, if the dog is moved to another jurisdiction, the guardian must provide the animal control authorities in the new jurisdiction with a copy of the administrative decision or court order within 14 days of the move.

D. The dog guardian must complete an obedience course for a minimum of ten hours of training with the dog, at the guardian's expense within 60 calendar days after release of the dog to the guardian. The course must be approved by the Department before the release of the dog to the guardian. If the dog was not impounded, the dog guardian must obtain approval of the course by the Department within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog guardian.

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34 E. The dog guardian may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of $300,000 per occurrence. If required to maintain insurance, the guardian must show proof of insurance within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog guardian.

F. All charges for services performed by the Department and all fines must be paid before the release of the dog to its guardian or within 14 calendar days after the services are performed or the charges and fines are ordered to be paid. If the guardian does not take possession of the dog and pay the charges and fines within 14 calendar days after the services are performed or the fines are ordered to be paid, the dog will be deemed abandoned and may be treated as such by the Department.

6.22.070 Consequences of Vicious Dog Determination.

A. A dog determined to be a vicious dog may be destroyed by the Department when it is found, after a hearing conducted under Sections 6.22.040 or 6.22.050, that the release of the dog would create a significant threat to the public health, safety, or welfare.

B. If it is determined that a dog found to be vicious will not be destroyed, the judicial officer or Administrative Hearing Officer must impose the conditions on a guardian of potentially dangerous dogs, the conditions required by this Section, and any other conditions necessary to protect the public health, safety, or welfare.

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35 C. The enclosure that is required by Subsection A of Section 6.22.060 must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the Department in writing before the release of the dog to the guardian. If the dog was not impounded, the dog guardian must obtain the written approval of the Department within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the dog guardian.

D. The guardian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the dog is kept. The guardian must provide a copy of the notices to the Department before the release of the dog from impound. If the dog was not impounded, the dog guardian or custodian must provide a copy of the required notices to the Department within 14 calendar days after the administrative hearing or court determination declaring the dog is vicious.

E. The dog guardian must post one or more signs on the premises, at a location(s) approved by the Department, stating that a vicious dog resides on the premises. The sign(s) must be posted within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the guardian.

F. The guardian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three years, if it is found at the hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.

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36 G. A dog determined vicious may be prohibited from being off leash in public places in the City including any off leash parks.

6.22.080 Compliance with Conditions and Consequences of Violation of Conditions.

A. The hearing officer or judicial officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow-up hearing dates to ensure compliance with all conditions imposed.

B. Consequences that may result from the failure of a guardian of a dog released after a hearing pursuant to Section 6.22.040 or Section 6.22.050 to comply with any of the conditions imposed under Section 6.22.060 or Section 6.22.070 include, but are not limited to, the following:

1. The failure to comply with any condition is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both the fine and imprisonment;

2. A violation of any part of an administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order.

6.22.090 Removal of Designation.

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37 A dangerous or vicious dog determination and designation may be removed after 2 years if the dog is three years of age or older and the guardian demonstrates to the Animal Control Supervisor that the dog poses no threat to people or animals.

SECTION 6. Chapter 6.24 of Title 6 of the Santa Barbara Municipal Code is amended to read as follows:

6.24.010 Guardian’s Owner’s Request - Fees.

It is the duty of the Animal Control Supervisor or designated animal control officer, upon the request of any guardian owner or possessor of any dead animal which was kept in the City immediately prior to its death to dispose of the dead animal and collect a fee for such service. The fees authorized by this Chapter shall be established by resolution of the City Council. Nothing in this section shall be construed so as to require the Animal Control officer to transport any dead animal to the place of disposal, except as required in other sections hereof.

6.24.020 Public Places.

It is unlawful for any guardian owner or person who, having had the possession or control of any animal while alive, to place the body of such animal or to knowingly permit the body of such animal to remain in or upon any public street, alley, sidewalk, lane or other public place. It shall be the duty of the Animal Control Supervisor or designated animal control officer, whenever it comes to their his or her knowledge that any dead animal is upon any of the public streets, alleys, sidewalks, lanes or any other public place within the City, to promptly dispose of the dead animal. The Animal Control Supervisor or COUNCIL INTRODUCTION DRAFT 06/14/22

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38 designated animal control officer may charge and collect the fee set by resolution of the City Council from the guardian owner or person formerly having possession or control of the animal, if his or her identity can be ascertained.

SECTION 7. Chapter 6.28 of Title 6 of the Santa Barbara Municipal Code is amended to read as follows:

6.28.010 Beekeeping.

It is unlawful for any person to keep bees except in a manner in compliance with the provisions of this Chapter.

6.28.020 Conditions for Beekeeping.

Each person, firm, company, corporation or other organization maintaining one or more colonies of honey bees, apis millifera, shall comply with all of the following conditions:

A. Each colony shall be maintained in movable-frame hives.

B. Adequate space shall be maintained in the hive to prevent over-crowding and swarming or aggressive behavior.

C. Each colony shall be registered with the County Agricultural Commissioner.

6.28.030 Number and Location of Hives.

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39 A. No more than four hives shall be maintained on lots having less than 10,000 square feet in area. On lots larger than 10,000 square feet, no more than one hive shall be maintained for each 5,000 square feet of additional lot area.

B. Hives shall not be placed within 20 lineal feet of any public street, sidewalk, or other public thoroughfare.

6.28.040 Compliance with State Law.

Each person, firm, company, corporation or other organization maintaining one or more colonies of honey bees, apis millifera, shall comply with all State regulations governing bee management and honey production as provided in Division 13 of the Agricultural Code of the State of California. Those regulations are enforced by the County Agricultural Commissioner.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: Energy and Climate Division, Sustainability & Resilience Department SUBJECT: Introduction Of Ordinance Delegating Authority For The Execution Of Santa Barbara Clean Energy Contracts
RECOMMENDATION:

That Council introduce and subsequently adopt by reading of title only, an Ordinance of the Council of the City of Santa Barbara Delegating Authority for the Execution of Contracts for the Purchase of Energy Necessary or Convenient for the Operation of Santa Barbara Clean Energy.

DISCUSSION:

The City’s Community Choice Energy (CCE) Program, Santa Barbara Clean Energy (SBCE) was established through Ordinance 5915, adopted on October 22, 2019. On February 25, 2020 Council adopted an ordinance to become an Associate Member of the California Choice Energy Authority, a California joint powers authority (CalChoice) and authorized the execution of an Administrative Services Agreement pursuant to which CalChoice provides a suite of services to assist in the administration of Santa Barbara Clean Energy (SBCE), including the negotiation of energy contracts on behalf of the City.

Santa Barbara Clean Energy’s Implementation Plan was certified on January 21, 2020, as required by the California Public Utilities Commission, and provides that the City Administrator shall serve as the Executive Director and manage the operations of SBCE in accordance with policies adopted by the City Council. On August 24, 2021, the City, CalChoice, and River City Bank entered into an Account Control Agreement, Intercreditor, Collateral Agency Agreement, and Security Agreement (“Security Agreements”) related to financing and payments under power purchase agreements for the benefit of SBCE and providing that payments for the power purchased shall be secured through the Security Agreements and not through the City’s General Fund.

Santa Barbara Charter Section 521, which otherwise requires contracts with terms over five years to be approved by ordinance, does not apply to “contracts for the furnishing or acquisition of products, commodity or services of any public utility.” The City Council has previously determined that SBCE is a public utility. By adoption of the proposed ordinance, Agenda Item No. 5
File Code No. 630.06
Council Agenda Report
Introduction Of Ordinance Delegating Authority For The Execution Of Santa Barbara Clean Energy Contracts
June 14, 2022

Rev 053122
the Council authorizes CalChoice to negotiate and enter into for the benefit of SBCE, energy contracts subject to certain express limitations as defined in the Ordinance.

The energy market is fast-paced, complex, and competitive, and, therefore, there is often little turnaround time for executing agreements. Therefore, staff recommends that Council adopt the attached ordinance granting the City Administrator the authority to execute contracts spanning less than 20 years without Council approval, regardless of dollar amount as long as payment for these agreements is made solely through the City’s Security Agreements and does not create a liability to the City’s general fund. These agreements will be within the SBCE budget and will rarely raise policy concerns.

Additionally, because of the urgent nature of these transactions, it is necessary for the City Administrator, or their designee, to be able to approve these agreements via email communication. A separate budget resolution will be adopted each budget cycle to ensure funding for all contracts, regardless of duration.

SUSTAINABILITY IMPACT:

SBCE offers substantially more renewable and cleaner (carbon-free) electricity than its competitors. Surplus revenues generated by SBCE may be used to develop energy programs, local projects, and incentives to further advance the objectives set forth in the Strategic Energy Plan, or other City goals outlined in other plans, such as the Climate Action Plan.

FINANCIAL/BUDGET IMPACT:

There are no direct, financial or budget implications from the introduction of this ordinance. The Sustainability and Resilience Department will ensure that adequate revenue and expenditure appropriations are included in the City’s budget to account for the financial obligations of these contracts.

ENVIRONMENTAL REVIEW:

Implementation and operation of SBCE does not constitute a project subject to environmental review under the provisions of the California Environmental Quality Act (CEQA). SBCE is an administrative action that will not result in a direct physical change to the environment or a reasonably foreseeable indirect change to the environment and, as such, does not require CEQA environmental review pursuant to Public Resources Code Section 21065 and California Code of Regulations Section 15060 and 15378.

Implementing and operating SBCE presents no foreseeable significant adverse impact to the environment over existing conditions because State regulations relating to energy procurement apply equally to CCAs as they do to investor-owned utilities such as SCE.

PREPARED BY: Alelia Parenteau, Acting Sustainability and Resilience Director Council Agenda Report
Introduction Of Ordinance Delegating Authority For The Execution Of Santa Barbara Clean Energy Contracts
June 14, 2022

Rev 053122
SUBMITTED BY: Alelia Parenteau, Acting Sustainability and Resilience Director APPROVED BY: City Administrator’s Office
1 ORDINANCE NO.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA

BARBARA DELEGATING AUTHORITY FOR THE EXECUTION

OF CONTRACTS FOR THE PURCHASE OF ENERGY

NECESSARY OR CONVENIENT FOR THE OPERATION OF

SANTA BARBARA CLEAN ENERGY
WHEREAS, on January 13, 2021 the City Council of the City of Santa Barbara adopted Resolution No. 21-001 delegating authority to make and execute certain energy purchase contracts; and
WHEREAS, the City Council has established Santa Barbara Clean Energy (SBCE) as an enterprise and utility of the City, and
WHEREAS, the SBCE Implementation Plan, certified by the California Public Utilities Commission on January 21, 2020, provides that the Santa Barbara City Council is responsible for establishing the Santa Barbara Clean Energy Program policies and objectives as well as overseeing operation of SBCE; and WHEREAS, as provided in the SBCE Implementation Plan, the City Administrator serves as the SBCE Executive Director and manage operations of SBCE in accordance with the policies adopted by the City Council; and
WHEREAS, SBCE is an associate member of California Choice Energy Joint Powers Authority (CalChoice), which provides expert technical, market participation, procurement, and energy management services to its regular and associate member public agencies; and
WHEREAS, on August 24, 2021 the City, CalChoice, and River City Bank entered into an Account Control Agreement, Intercreditor and Collateral Agency Agreement, and Security Agreement related to financing and payments under power purchase agreements for the benefit of SBCC (collectively the “Security Agreements”); and WHEREAS, shorter-term transactions involving energy, resource adequacy capacity, and/or renewable energy certificates, and for longer-term transactions that are entered into for the purpose of fulfilling state-mandated compliance obligations frequently require prompt market participation where time is of the essence;

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council authorizes CalChoice to negotiate and enter into for the benefit of SBCE contracts for the purchase of energy, renewable energy and related products (Energy Contract) subject to the following limitations:
a. Payment under the contract is made solely through the Security Agreements and the contract does not create a liability payable from the City’s general fund; b. The term of the contract does not exceed 20 years; and 2 c. The SBCE Executive Director or the Director of the Sustainability and Resilience Department has approved the contract as consistent with the policies and programs of SBCE.

SECTION 2. Upon receipt of the written approval from the Executive Directive of an Energy Contract as set forth in Section 1 above, which may be provided via email or other electronic document transmission system, the City Council authorizes CalChoice to enter into an Energy Contract on behalf of and for the sole benefit of the SBCE. The City Council further authorizes CalChoice to enter into any ancillary agreements required in connection with an Energy Contract, subject to receipt of written approval from the Executive Director of any such ancillary agreements as set forth in Section 2 above.

SECTION 3. Contracts subject to Sections 1 and 2 of this Ordinance are exempt from the procurement processes and requirements of Santa Barbara Municipal Code Chapter 4.52.

SECTION 4. The authority delegated by this ordinance is supplemental to and supersedes the authority delegated by Resolution No. 21-001 to the extent of any inconsistency.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Adoption Of Resolution Regarding Appropriations And Award Contract For Construction Of Hwy Safety Improvement Program Cycle 9 Ped Safety Improvements At Intersections Of Bath At Sola And Victoria, Canon Perdido At Nopal, And Salinas At Old Coast Hwy
RECOMMENDATION: That Council:

A. Relieve the apparent low bidder, Alfaro Communications Construction, Inc., of its bid due to a clerical error in accordance with their written request, dated May 24, 2022, and in accordance with Public Contract Code Sections 5100 - 5107; B. Award a contract with Lash Construction, Inc., in their low bid amount of $1,120,562 for construction of the Highway Safety Improvement Program Cycle 9 Pedestrian Safety Improvements Project, Bid No. 3999; and authorize the Public Works Director to execute the contract and approve expenditures up to $112,056 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; and
C. Adopt a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, to Appropriate Funds for Construction of the Highway Safety Improvement Program Cycle 9 Pedestrian Safety Improvements Project.

EXECUTIVE SUMMARY:

The Highway Safety Improvement Program (HSIP) Cycle 9 Pedestrian Safety Improvements Project (Project) will improve vehicle and pedestrian safety at four intersections within the City of Santa Barbara: Bath Street at Sola Street, Bath Street at Victoria Street, Canon Perdido Street at Nopal Street, and Salinas Street at Old Coast Highway. The Project is primarily funded by an HSIP grant. Staff recommends that City Council award a contract for construction with Lash Construction, Inc., and appropriate the HSIP grant funds and City match funds for construction.

Agenda Item No. 6
File Code No. 530.05
Council Agenda Report
Adoption Of Resolution Regarding Appropriations And Award Contract For Construction Of Hwy Safety Improvement Program Cycle 9 Ped Safety Improvements At Intersections Of Bath At Sola And Victoria, Canon Perdido At Nopal, And Salinas At Old Coast Hwy June 14, 2022

DISCUSSION:

Project Description
The City of Santa Barbara was awarded a $1,540,400 grant for the design and construction of the Project to improve vehicle and pedestrian safety at four intersections within the City of Santa Barbara: Bath Street at Sola Street, Bath Street at Victoria Street, Canon Perdido Street at Nopal Street, and Salinas Street at Old Coast Highway, shown in Attachment 1. The Project includes the construction of Americans with Disabilities Act (ADA) compliant access ramps, a pedestrian refuge island, concrete curb extensions, signing and striping, and lighting infrastructure.

The locations included in this Project were identified as part of the City’s annual collision report and are designated as Safe Routes to School. Every year, the City compiles and studies crash data for the past three years for the purpose of identifying and prioritizing safety improvements. The report also identifies locations and patterns of collisions resulting in serious or fatal injuries to support the City's Vision Zero efforts. On a Citywide scale, the City has taken a systemic approach to pedestrian crossing improvements.  Bath Street at Victoria and Sola Streets: these two intersections were identified due to the serious nature of the pedestrian-involved collision history. These intersections are also a priority given their proximity to the City's downtown core (a quarter mile away), which contains the City's main pedestrian-generating land uses. These locations were also designed to complement the planned Sola Street bike route.
 Canon Perdido Street at Nopal Street: this intersection is a high priority due to a history of pedestrian-involved collisions, its proximity to the high school (it is immediately adjacent), and the characteristics of this intersection (traffic speed and crossing distance).
 Salinas Street at Old Coast Highway/Punta Gorda Street: this intersection was identified due to the serious nature of the pedestrian-involved collision history. This intersection is challenging for all users due to its large footprint. By installing a northbound to eastbound right-turn lane, this Project will relocate the northbound stop bar, thus reducing the footprint of the intersection and improving safety for all users.

The Project includes the following countermeasures to address the pattern of nighttime and pedestrian-involved collisions at the locations listed above:

Council Agenda Report
Adoption Of Resolution Regarding Appropriations And Award Contract For Construction Of Hwy Safety Improvement Program Cycle 9 Ped Safety Improvements At Intersections Of Bath At Sola And Victoria, Canon Perdido At Nopal, And Salinas At Old Coast Hwy June 14, 2022

1. Install curb extensions to improve visibility between pedestrians and approaching drivers to reduce the risk of broadside pedestrian-involved collisions, and reduce the pedestrian crossing distance to reduce pedestrian exposure to traffic.

2. Add intersection lighting to improve safety during nighttime conditions by making drivers more aware of their surroundings and enhancing available sight distances.

The lighting will illuminate the crosswalk area, making pedestrians more visible to approaching drivers at night, which will reduce the risk of pedestrian-involved broadside collisions.

3. Install high visibility crosswalk markings and signs at uncontrolled locations to alert drivers to locations where pedestrians often cross and/or locations with histories of pedestrian crashes; and

4. Construct ADA-compliant pedestrian access ramps.

The Project will complement the safety features of two other planned bicycle and pedestrian projects that are currently in construction and funded by Active Transportation Program grants. The first project, the Eastside Community Paseos Project, includes a bicycle boulevard that goes through the Canon Perdido Street and Nopal Street intersection. The other project, the Westside Community Paseos Project, includes a bicycle boulevard on Sola Street, which crosses the intersection of Bath Street and Sola Street.

Contract Bids
A total of two bids were received for the subject work, ranging as follows:

BIDDER BID AMOUNT

1. Alfaro Communications Construction, Inc.

Compton, CA
$939,793.70

2. Lash Construction, Inc.

Santa Barbara, CA
$1,120,562.50
The apparent low bidder, Alfaro Communications Construction, Inc., (Alfaro), found a clerical error in its bid that caused the bid to be materially different than what was intended. Alfaro subsequently submitted a timely written request on May 24, 2022, to withdraw its bid (Attachment 2). Public Contract Code Sections 5100 - 5107 allow the City, as the awarding authority, to relieve a bidder of its bid due to a material mistake in a bid that is due to a typographical or clerical error and to award the contract to the second Council Agenda Report
Adoption Of Resolution Regarding Appropriations And Award Contract For Construction Of Hwy Safety Improvement Program Cycle 9 Ped Safety Improvements At Intersections Of Bath At Sola And Victoria, Canon Perdido At Nopal, And Salinas At Old Coast Hwy June 14, 2022

lowest responsible and responsive bidder. Alfaro’s withdrawal request met the requirements of the Public Contract Code, and staff recommends relieving Alfaro of its bid.

The second low bid of $1,120,562.50, submitted by Lash Construction, Inc., is an acceptable bid that is responsive to and meets the requirements of the bid specifications.

The change order funding recommendation of $112,056.25, or ten percent, is typical for this type of work and size of project.

Community Outreach
Construction is anticipated to take approximately five months, and work to be performed at each location is not expected to last more than five weeks. Public notifications, in the form of door hangers, will be provided to each adjacent resident or business at least 72 hours in advance of work being performed on their block. When construction activities impact on-street parking, notification will be posted by the contractor at each affected location at least 72 hours in advance. Information regarding the Project will also be published on the City’s website and in the City News in Brief.

BUDGET/FINANCIAL INFORMATION:

The Project is primarily funded by a HSIP grant. Staff recommends appropriating HSIP grant funds in the amount of $1,325,552 for the construction of the Project, and allocating available expenditure appropriations in the amount of $30,668 from the Overlays Project in the Measure A Capital Fund to cover the Project’s construction costs exceeding the grant amount.

The following tables summarize the expenditures recommended in this report:

CONSTRUCTION CONTRACT FUNDING SUMMARY
Basic Contract Change Funds Total
Lash Construction, Inc. $1,120,562.50 $112,056.25 $1,232,618.75 TOTAL RECOMMENDED AUTHORIZATION $1,232,618.75
The following summarizes all Project design costs, construction contract funding, and other Project costs:

Council Agenda Report
Adoption Of Resolution Regarding Appropriations And Award Contract For Construction Of Hwy Safety Improvement Program Cycle 9 Ped Safety Improvements At Intersections Of Bath At Sola And Victoria, Canon Perdido At Nopal, And Salinas At Old Coast Hwy June 14, 2022

ESTIMATED TOTAL PROJECT COST
GRANT
SHARE
CITY
SHARE
TOTAL
City Design Cost $214,848 $0 $214,848
Design Subtotal $214,848 $0 $214,848
Construction Contract $1,120,563 $0 $1,120,563
Construction Change Order Allowance $93,312 $18,744 $112,056 Subtotal $1,213,875 $18,744 $1,232,619
Construction Management/Inspection (by
City Staff)
$111,677 $924 $112,601
Miscellaneous Costs (Meter Pedestals,
Edison Coordination, Monument Tie-Outs,
etc.)
$0 $11,000 $11,000
Subtotal $111,677 $11,924 $123,601
Construction Subtotal $1,325,552 $30,668 $1,356,220
TOTAL PROJECT COST $1,540,400 $30,668 $1,571,068
The estimated useful life of the assets included in this Project range from fifteen to fifty years. Ongoing operational and maintenance costs are associated with the new lighting and rectangular rapid flashing beacons that will be installed by this Project.

SUSTAINABILITY IMPACT:

The Project is consistent with the City’s Vision Zero Policy as it provides pedestrian safety improvements at intersections and roadways with documented collision patterns at locations that pedestrians find challenging to cross. As mentioned in the City’s Vision Zero Policy, this Project will add lighting and pedestrian enhancements to various locations in the city. The Project is also identified as a need in the City’s Five Year Capital Improvement Plan for Fiscal Years 2018 – 2023.

A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].

Council Agenda Report
Adoption Of Resolution Regarding Appropriations And Award Contract For Construction Of Hwy Safety Improvement Program Cycle 9 Ped Safety Improvements At Intersections Of Bath At Sola And Victoria, Canon Perdido At Nopal, And Salinas At Old Coast Hwy June 14, 2022

ENVIRONMENTAL REVIEW:

The State has determined that this Project has no significant impacts on the environment as defined by the National Environmental Policy Act (NEPA), and that all conditions of a categorical exclusion have been met. The NEPA determination was originally made in 2020 and re-validated on February 17, 2022. Additionally, the Project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines 15301 (Existing Facilities). The CEQA determination was made on February 5, 2021.

ATTACHMENTS: 1. Project Location Map

2. Bid Withdrawal Letter from Alfaro Communications
Construction, Inc.

PREPARED BY: Ashleigh A. Shue, P.E., Interim City Engineer/LY/EM/sk SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
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Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
ATTACHMENT 1: PROJECT LOCATIONS
Legend
!( Cycle 9 Project Locations
®
Pedestrian Crosswalk Enhancements:

Pedestrian Activated Flashers,
Intersection Lighing,Curb Extensions,
ADA Compliant Ramps,Signing and Striping
Pedestrian Crosswalk Enhancements:

Intersection Lighing,Curb Extensions,
ADA Compliant Ramps,Signing and Striping
Pedestrian Crosswalk Enhancements:

Intersection Lighing,
Pedestrian Refuge Island,
Northbound to Eastbound Right Turn Lane
Curb Extensions,
ADA Compliant Ramps,
Signing and Striping
Salinas St & Old Coast Highway
Bath St & Sola St, Bath St & Victoria St
Canon Perdido St & Nopal St
ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 21-045,
ADOPTING THE BUDGET FOR FISCAL YEAR 2022, TO

APPROPRIATE FUNDS FOR CONSTRUCTION OF THE
HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 9

PEDESTRIAN SAFETY IMPROVEMENTS PROJECT
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2021; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2021;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 21-045, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2022, as adopted by Resolution No. 21-045, is hereby amended as follows:

1. The Council accepts Highway Safety Improvement Program grant funding, and approves an increase in revenue and expenditure appropriations in the Streets Grant Capital Fund in the amount of $1,325,522, funded by the grant, for the proposed Lash Construction, Inc., contract for construction of the Highway Safety Improvement Program Cycle 9 Pedestrian Safety Improvements Project.

2. The Council approves the allocation of available expenditure appropriations in the Overlays Project in the Measure A Capital Fund in the amount of $30,668 to increase revenue and expenditure appropriations in the Fiscal Year 2022 Highway Safety Improvement Program Cycle 9 Pedestrian Safety Improvements Project in the Streets Grant Capital Fund in the amount of $30,668 for construction costs.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Adoption Of A Resolution For Fiscal Year 2022-2023 Senate Bill 1: The Road Repair And Accountability Act Funding To Grind And Overlay A Portion Of Chapala Street
RECOMMENDATION:

That Council adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara Adopting Projects for Fiscal Year 2022-2023, Funded by Senate Bill 1: The Road Repair and Accountability Act.

BACKGROUND:

Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was signed by the Governor on April 28, 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and the local streets and road system. SB 1 increases per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees, and provides for inflation adjustments to tax rates in future years. SB 1 will provide approximately $2 million annually to the City of Santa Barbara for local road maintenance and repair.

SB 1 created a funding program, the Road Maintenance and Rehabilitation Account (RMRA), and a percentage of this RMRA funding is apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on local streets and roads.

DISCUSSION:

In order for the City of Santa Barbara to be eligible to receive its annual apportionment of RMRA funds, staff must submit an adopted by resolution list of proposed projects to the California Transportation Commission (CTC). Staff must submit this project list to the CTC no later than July 1, 2022, to be eligible for Fiscal Year 2022-2023 RMRA funding.

The City’s estimated apportionment of Fiscal Year 2022-2023 RMRA funding is $2,060,621, which will be included in the City’s adopted Fiscal Year 2022-2023 budget.

With this funding, in addition to the City’s Measure C funding, staff proposes to grind and Agenda Item No. 7
File Code No. 530.05
Council Agenda Report
Adoption Of A Resolution For Fiscal Year 2022-2023 Senate Bill 1: The Road Repair And Accountability Act Funding To Grind And Overlay A Portion Of Chapala Street June 14, 2022

overlay Chapala Street, between Gutierrez Street and Sola Street, which is a high priority roadway in need of rehabilitation. The work will also include replacing damaged sidewalks, concrete curb and gutters, and cross gutters; and upgrading access ramps to meet Americans with Disabilities Act requirements.

At staff’s discretion, the actual location may be revised due to budgetary or other unforeseen circumstances; however, the funds will be used for the same type of rehabilitation work at an alternate location. The actual projects and location will be reported to the State of California in accordance with the Road Maintenance and Rehabilitation Account reporting requirements.

With Council’s approval of the recommended Resolution, this report will satisfy the statute that all proposed projects be adopted by resolution in order to be eligible for Fiscal Year 2022-2023 RMRA funds.

BUDGET/FINANCIAL INFORMATION:

SB 1 revenues continue to be a significant benefit to the City’s basic road maintenance, rehabilitation, and critical safety projects on local streets and roads.

PREPARED BY: Ashleigh A. Shue, P.E., Interim City Engineer/NC/sk SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator's Office
RESOLUTION NO. _____

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA ADOPTING PROJECTS FOR FISCAL
YEAR 2022-2023, FUNDED BY SENATE BILL 1: THE ROAD

REPAIR AND ACCOUNTABILITY ACT
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide;
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure that the residents of the City of Santa Barbara are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; WHEREAS, the City of Santa Barbara must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement;
WHEREAS, the City of Santa Barbara will receive an estimated $2,060,621 in RMRA funding in Fiscal Year 2022-2023 from SB 1;
WHEREAS, this is the sixth year in which the City of Santa Barbara is receiving SB 1 funding and will enable the City of Santa Barbara to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1;
WHEREAS, the City of Santa Barbara used a Pavement Management System to develop the proposed SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment;
WHEREAS, the funding from SB 1 will help the City of Santa Barbara maintain and rehabilitate roads, drainage facilities, traffic signals, and other critical infrastructure throughout the City of Santa Barbara this year and into the future; WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Santa Barbara’s streets and roads are in an at-risk condition and this revenue will help the City increase the overall quality of its road system; WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California. People are dependent upon a safe and reliable local transportation network to drive to work, bike to school, or walk to the bus station; WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies;
WHEREAS, the local street and road system is also critical for interconnectivity, multimodal needs, and commerce;
WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls. A few minutes of delay can be a matter of life and death; WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing. This will lead to reduced vehicle emissions and help the State achieve its air quality and greenhouse gas emissions reductions goals;
WHEREAS, restoring roads before they fail also reduces construction time, which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, the proposed SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The following proposed projects to be funded in whole or in part with Fiscal Year 2022-2023 Road Maintenance and Rehabilitation Account revenues are as follows below. The actual projects and locations will be reported to the State of California in accordance with the Road Maintenance and Rehabilitation Account reporting requirements:

Location Description Estimated
Useful Life
Anticipated
Year of
Construction
Chapala Street between
Gutierrez Street and Sola
Street (or its equivalent)
Grind and overlay
roadway, sidewalk repairs,
and install access ramps
20 years 2023

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Adoption Of Resolution Of Appropriations Of Funds And Authorization For Deposit Of Funds For Condemnation Action For The De La Vina Street Bridge Replacement Project
RECOMMENDATION: That Council:

A. Adopt a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, to Appropriate Highway Bridge Program Grant Funds and City Funds for the De La Vina Bridge Replacement Project; and
B. Authorize the deposit of the probable condemnation compensation amount of Two Million Eight Hundred Seventy Six Thousand Dollars ($2,876,000) to the State of California Treasury, or directly to the property owners of the properties at 2733 and 2735 De La Vina Street (APN 051-213-020), and 2726 and 2728 De La Vina Street (APN 051-220-015) as determined by the Stipulation for Possession.

DISCUSSION:

Background
As part of the De La Vina Street Bridge Replacement Project (Project), the City must fully acquire the properties at 2733 and 2735 De La Vina Street (APN 051-213-020), and 2726 and 2728 De La Vina Street (APN 051-220-015). On May 17, 2022, Council authorized the Resolutions of Necessity for the two properties, via City Resolution No. 22-039 and No. 22-040, and in doing so authorized the City to proceed with the eminent domain process to acquire the necessary rights over the above-stated properties.

The City has begun the condemnation process to acquire the properties identified in the Resolutions of Necessity by filing a Complaint in Eminent Domain with the Superior Court of the State of California, County of Santa Barbara. To keep the Project on schedule, the City must file an application of an order of possession, which requires the City to deposit the amount of probable compensation, in accordance with the Eminent Doman Law.

Special counsel has advised that the amount of that deposit is Two Million Eight Hundred Agenda Item No. 8
File Code No. Code No. 530.08
Council Agenda Report
Adoption Of Resolution Of Appropriations Of Funds And Authorization For Deposit Of Funds For Condemnation Action For The De La Vina Street Bridge Replacement Project June 14, 2022

Seventy Six Thousand Dollars ($2,876,000) based on the appraisal for each parcel. The final compensation for each parcel will be determined through the court action.

BUDGET/FINANCIAL INFORMATION:

Caltrans has authorized reimbursable expenses related to the right of way phase of the Project. The total amount of federal grant funds programmed for this phase is $3,541,200.

Of that amount, $3,098,550 remains to be appropriated by the City. Caltrans will approve reimbursement to the City for participating costs, including the final condemnation price, at a reimbursement rate of 88.53 percent. The remaining 11.47 percent is the City’s responsibility. Staff recommends appropriating $3,098,550 in Highway Bridge Program grant funds and allocating available expenditure appropriations in the amount of $240,000 from the Overlays Project in the Measure A Capital Fund to cover the remaining City match.

PREPARED BY: Ashleigh A. Shue, P.E., Interim City Engineer/LY/sk SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 21-045,
ADOPTING THE BUDGET FOR FISCAL YEAR 2022, TO

APPROPRIATE HIGHWAY BRIDGE PROGRAM GRANT

FUNDS AND CITY FUNDS FOR THE DE LA VINA BRIDGE

REPLACEMENT PROJECT
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2021; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2021;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 21-045, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2022, as adopted by Resolution No. 21-045, is hereby amended as follows:

1. The Council accepts Highway Bridge Program grant funding, and approves an increase in revenue and expenditure appropriations in the Streets Grant Capital Fund in the amount of $3,098,550, funded by the grant, for the right of way phase of the De La Vina Street Bridge Replacement Project.

2. The Council approves the allocation of available expenditure appropriations in the Overlays Project in the Measure A Capital Fund in the amount of $240,000 to increase revenue and expenditure appropriations in the De La Vina Street Bridge Replacement Project in the Streets Grant Capital Fund in the amount of $240,000 for right of way costs.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: Creeks Division, Parks and Recreation Department
SUBJECT: Creek Inventory And Assessment Study Update
RECOMMENDATION:

That Council authorize the Parks and Recreation Director to execute a Professional Services Agreement with Cardno Inc. in the amount of $121,058 to update the 2000 Creek Inventory and Assessment Study.

DISCUSSION:

In 2000, the City contracted with URS Corporation to produce a Creek Inventory and Assessment Study (Study). The consultant walked over 30 miles of City creeks to collect GIS data and produce a number of maps and charts and gathered input from the public, other local agencies, and landowners adjacent to creeks. The consultant compiled and analyzed this information to evaluate existing creek conditions and recommend restoration projects.

Since its establishment in 2001, the Creeks Division has completed a variety of creek restoration and water quality improvement projects, and conducted numerous community education and outreach campaigns. In addition to natural changes to City creeks over the past 20 years, restoration projects included creek widening, removal of concrete and asphalt from creek beds and banks, and creek daylighting. Extensive invasive plant removal and native plant installation efforts continue along City creeks, as well as significant removal of trash and debris. In addition, the City completed several large infrastructure projects such as bridge replacement and flood control improvements.

Under this contract, Cardno Inc. will walk approximately 30 miles of City creeks to collect new GIS data, and prepare maps and a report comparing the current condition of the creeks with their condition in 2000. Cardno Inc. will also review the suggested projects in the 2000 Study and completed Creeks Division projects, and provide an updated list of potential restoration and water quality improvement projects.

Agenda Item No. 9
File Code No. 540.14
Council Agenda Report
Creek Inventory And Assessment Study Update
June 14, 2022

Consultant Selection
Creeks Division staff conducted a competitive bid process in April-May 2022 to select a qualified consultant to conduct the creek inventory and assessment. Two proposals were received and reviewed by staff. Cardno Inc. has extensive experience conducting environmental data collection, mapping, and restoration monitoring efforts for agencies in Santa Barbara and Ventura counties, and has successfully worked with various City Departments and Divisions, including the Creeks Division. The Cardno Inc. proposal also provided the most competitive pricing for the project.

Timeline
Following Council approval of the contract, the project will begin in July 2022, and is anticipated to be completed no later than June 2023.

BUDGET/FINANCIAL INFORMATION:

There are sufficient expenditure appropriations in the Fiscal Year 2022 Creeks Division Operating Fund Budget to fund the contract with Cardno Inc.

SUSTAINABILITY IMPACT:

This data will contribute to local, regional, and federal objectives of improving creek and ocean water quality and coastal wetland habitat.

A copy of the agreement may be requested from the Parks and Recreation Department for public review by contacting Rose Nevarez at [email protected].

PREPARED BY: Cameron Benson, Creek Restoration/Clean Water Manager SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: Energy and Climate Division, Sustainability & Resilience Department SUBJECT: Authorize A Marketing Agreement With OhmConnect For Collaboration On A Demand Response Incentive Program Offered By Santa Barbara Clean Energy
RECOMMENDATION:

That Council authorize the Sustainability and Resilience Director to enter into a marketing agreement with OhmConnect, Inc. allowing for strategic collaboration on a local demand response incentive program to be offered by Santa Barbara Clean Energy.

DISCUSSION:

Santa Barbara Clean Energy (SBCE), the City of Santa Barbara’s Community Choice Aggregation Program, launched service for residential customers in October 2021 and commercial customers in March 2022. SBCE’s core mission is to deliver clean, carbonfree electricity to the Santa Barbara community while reinvesting locally through programs, incentives, and local energy generation projects.

Energy efficiency and renewable energy programs have been a Council priority since the community choice energy conversation first began. Because the organization is still very new and currently creating a strong financial footing, staff has been diligently developing programs that add value for the SBCE customer, but at no capital cost to the City. Existing programs include discounts on solar and battery energy systems, discounts on electric bicycles and cars, and access to all-electric appliances.

Another area of interest for SBCE has been offering a demand response program.

Demand response provides an opportunity for SBCE customers to play a significant role in the operation of the electric grid by reducing or shifting their electricity usage during peak periods in response to time-based rates or other forms of financial incentives. To this end, SBCE has negotiated a partnership with OhmConnect, an organization that operates a voluntary demand response program throughout California.

OhmConnect provides home energy management solutions to the customer via smart meter analytics and energy market integration. Their platform enables residential users to sell their energy reductions directly into energy markets via demand response. In order Agenda Item No. 10
File Code No. 630.06
Council Agenda Report
Authorize A Marketing Agreement With OhmConnect For Collaboration On A Demand Response Incentive Program Offered By Santa Barbara Clean Energy June 14, 2022

to achieve deeper savings, they offer devices such as smart thermostats and smart plugs at deeply discounted prices. Immediate benefits to SBCE customers who enroll include:
 $10 OhmConnect wallet credit to cash out with an Amazon gift card or PayPal.  Either a smart thermostat or two smart plugs for $0.99. Current costs of the smart devices are as follows:
o OhmPlug Smart Plug: $11.99 MSRP
o TP-Link Smart Plug: $13.99 MSRP
o Google Nest Thermostat: $129.99 MSRP
o Ecobee 3 lite Thermostat: $169.99 MSRP
o Sensi Smart Thermostat: $129.99 MSRP
Through this agreement, the City will promote the OhmConnect platform and assist in engagement and enrollment of customers. In return, the City not only helps manage SBCE’s load profile and control energy costs, but also receives a participation-based discount on future resource adequacy purchases with OhmConnect that could create a substantial financial benefit to SBCE. SBCE and all load serving entities in California are required to ensure that there is sufficient capacity to meet maximum energy demand through making resource adequacy purchases. The resource adequacy purchase discount with OhmConnect would be as follows.

Customers Enrolled Resource Adequacy Discount per customer 1-200 $20
201 - 400 $30
401 - 600 $40
601 - 800 $50
801 - 1000 $60
Over 1000 $60 (plus for every 100 customers over 1000, a $3,000 additional bonus)
The initial term of the marketing agreement is for one year, with options to renew at the end of each calendar year. Staff will return to Council with a recommendation for renewal if the program is successful.

BUDGET/FINANCIAL INFORMATION:

Council Agenda Report
Authorize A Marketing Agreement With OhmConnect For Collaboration On A Demand Response Incentive Program Offered By Santa Barbara Clean Energy June 14, 2022

There is no capital commitment on behalf of the City to participate in this program. There is the potential for significant cost savings on resource adequacy costs depending on the number of customers successfully enrolled.

SUSTAINABILITY IMPACT:

Demand response programs allow for the curtailment of unnecessary electricity use during high demand periods. This curtailment reduces dependence on natural gas peaker plants that are often used to supply additional electricity sources during high demand and which emit greenhouse gases.

A copy of the contract may be requested from the Sustainability and Resilience Department for public review by contacting [email protected].

ENVIRONMENTAL REVIEW:

Implementation and operation of SBCE does not constitute a project subject to environmental review under the provisions of the California Environmental Quality Act (CEQA). SBCE is an administrative action that will not result in a direct physical change to the environment or a reasonably foreseeable indirect change to the environment and, as such, does not require CEQA environmental review pursuant to Public Resources Code Section 21065 and California Code of Regulations Section 15060 and 15378.

Implementing and operating SBCE presents no foreseeable significant adverse impact to the environment over existing conditions because State regulations relating to energy procurement apply equally to CCAs as they do to investor-owned utilities such as SCE.

PREPARED BY: Alelia Parenteau, Acting Sustainability and Resilience Director SUBMITTED BY: Alelia Parenteau, Acting Sustainability and Resilience Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department SUBJECT: Public Hearing On Proposed Changes To Water And Wastewater Capacity Charges
RECOMMENDATION:

That Council holds a public hearing to consider comments from the public regarding proposed water and wastewater capacity charges, and direct staff to prepare a charge schedule to be included within the City of Santa Barbara Schedule of Penalties, Fees, Rates, and Service Charges for consideration by Council in connection with the final adoption of the operating budget.

EXECUTIVE SUMMARY:

On September 28, 2021, the City contracted with HDR Engineering Inc., (HDR) to analyze the City’s water and wastewater capacity charges and perform updates to the capacity charge model. Water capacity charges are proposed to increase by 7.2%, while wastewater capacity charges are proposed to decrease by 3.6%. These new charges would become effective July 1, 2022, and increase annually through FY2027 based on the Engineering News Record (ENR) Construction Cost Index (CCI). Per Government Code Section 66016, the City is required to hold a public hearing to consider comments from the public regarding proposed water and wastewater capacity charges.

DISCUSSION:

Background
Capacity charges are one-time charges for new or expanded water and wastewater connections. Collection of the charges offsets a portion of the systems’ revenue requirements, eliminating the need to recover these revenues through rates. Over the past three years, capacity charges have made up less than 1% of total revenue for both the Water and Wastewater Funds.

The City last completed a capacity charge study in 2017 and adopted a five-year capacity charge schedule. On September 28, 2021, the City contracted with HDR to analyze the Agenda Item No. 12
File Code No. 540.01
Council Agenda Report
Public Hearing On Proposed Changes To Water And Wastewater Capacity Charges June 14, 2022

City’s water and wastewater capacity charges and perform updates to the capacity charge model.

Capacity Charge Calculation Methodology
HDR valued the water and wastewater system capital assets using an industry-standard Replacement Cost New Less Depreciation (RCNLD) method. The capacity charges calculation begins with a valuation of the current water and wastewater systems, including capital assets and cash reserve balances. The original costs of system assets are brought to current values using the ENR CCI and subtracting the asset depreciation and outstanding debt used to finance capital assets.

HDR estimated the Water enterprise has approximately $455 million (RCNLD) in capital assets, consisting of both City-owned capital assets and shared capital assets related to the State Water Project and the Cachuma Project. The Wastewater enterprise has approximately $135 million (RCNLD) in direct City-owned capital assets.

The total value of each system is divided by the estimated capacity of each system to reflect the buy-in cost of providing new or expanded water or wastewater service. System capacity is equal to the total metered capacity connected to the system, expressed in terms of the number of 5/8” meter equivalents. Therefore, the total asset value divided by the total number of 5/8” meter equivalents equals the capacity charge for a new 5/8” meter connection. A 1” meter has 2.5 times the capacity of a 5/8” meter, so the charge is 2.5 times the 5/8” meter charge, with similar adjustments for other meter sizes. The method results in a capacity charge structure proportional to the flow capacity of each meter size. This approach is commonly used and is recognized by the American Water Works Association.

Proposed Water and Wastewater Capacity Charges
Water Capacity Charges
Meter
Size Weighting
Current
Capacity
Charges
Proposed FY23
Capacity Charges Difference
5/8" 1 $9,561 $10,248 $687
3/4" 1.5 $14,342 $15,373 $1,031
1" 2.5 $23,903 $25,621 $1,718
1 ½" 5 $47,805 $51,242 $3,437
2" 8 $76,488 $81,988 $5,500
3" 15 $143,415 $153,727 $10,312
4" 25 $239,025 $256,212 $17,187
6" 50 $478,050 $512,423 $34,373
8" 80 $764,880 $819,877 $54,997
Water capacity charges are proposed to increase by approximately 7%. This increase is primarily due to the increase in cash-funded capital projects since the last capacity charge Council Agenda Report
Public Hearing On Proposed Changes To Water And Wastewater Capacity Charges June 14, 2022

study. The expansion of the Water Main Replacement Program after the end of the last drought period is an example of a cash-funded project contributing to the capital asset value of the water system. Debt service payments have also begun on large capital projects, such as the Desalination Plant, which increased the water system’s asset valuation, and thus the water capacity charge.

Wastewater Capacity Charges
Meter
Size Weighting
Current
Capacity
Charges
Proposed FY23
Capacity Charges Difference
5/8" 1 $3,885 $3,744 -$141
3/4" 1.5 $5,828 $5,616 -$212
1" 2.5 $9,713 $9,361 -$352
1 ½" 5 $19,427 $18,721 -$706
2" 8 $31,082 $29,954 -$1,128
3" 15 $58,280 $56,164 -$2,116
4" 25 $97,133 $93,607 -$3,526
6" 50 $194,265 $187,214 -$7,051
8" 80 $310,824 $299,542 -$11,282
Wastewater capacity charges are proposed to decrease by 3.6%. The primary factors leading to the decrease are predicted versus actual inflation and capital project funding. The last capacity charge schedule escalated the capacity charges by 5% each year. Actual annual inflation over that period was slightly less than the assumed amount. The Wastewater Fund supported significant capital projects over the past five years, but most were funded through low-interest rate loans. The value of these debt-financed projects does not add to the value of the wastewater system capital valuation used to compute capacity charges until payments begin on this debt.

Multi-Family Dwelling Units
The City’s General Plan policies promote smaller, high-density multi-family dwelling units, and State legislation requires that to the extent capacity charges are allowed on Accessory Dwelling Units (ADUs), the charges be based on the size of the unit, or the number of plumbing fixtures. To account for the fact that most multi-family units do not require the entire capacity of the City’s smallest water meter offering, and for State regulations on charges affecting ADUs, the City adopted a dollar per fixture unit approach for multi-unit dwellings and ADUs served by a dedicated water meter. The California Plumbing Code ascribes fixture unit values to common plumbing fixtures and based on Plumbing Code, the capacity of one 5/8” meter is equal to 30 fixture units. Staff and HDR recommend continuing with this dollar per fixture unit approach.

Council Agenda Report
Public Hearing On Proposed Changes To Water And Wastewater Capacity Charges June 14, 2022

Multi-Family Dwelling Unit Capacity Charges
Service
Current Capacity
Charge
($/Fixture Unit)
Proposed FY23
Capacity Charge
($/Fixture Unit)
Difference
Water $318.70 $341.60 $22.90
Wastewater $129.51 $124.81 -$4.70
Multi-Year Charge Schedule
HDR’s scope of work included developing a multi-year capacity charge schedule. HDR and staff propose a five-year capacity charge schedule, with annual escalating charges based on the change in the March ENR CCI from the previous year. For example, if the March 2023 ENR CCI is 3% higher than the March 2022 ENR CCI, then capacity charges will increase by 3% in July 2023 (the start of Fiscal Year 2024).

Water Commission and Finance Committee
At the April 21, 2022 Water Commission meeting, Water Commission recommended the proposed changes to capacity charges 4-0, in favor, and forwarded the item to Finance Committee. On May 10, 2022, Finance Committee received a presentation on the capacity charges.

BUDGET/FINANCIAL INFORMATION:

The revenue received from capacity charges varies with development activity in the City.

The Water and Wastewater Funds have budgeted capacity charge revenue at approximately $412,000 and $102,000 in Fiscal Year 2023, respectively. Over the last three years, capacity charges have made up less than 1% of total revenues for both the Water and Wastewater Funds.

A full report compiled by HDR on the proposed water and wastewater capacity charges is available online at www.SantaBarbaraCA.gov/WaterRates, or is viewable in person at the City Clerk’s office located in City Hall.

ENVIRONMENTAL REVIEW:

The proposed fee action is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code § 21080(b)(8) and CEQA Guidelines § 15273, exemption for the establishment, modification, structuring, restructuring, or approval of rates and charges for the purpose of meeting ongoing operation, maintenance, and capital expenses necessary to maintain service within existing service areas.

PREPARED BY: Joshua Haggmark, Water Resources Manager/DH/lm SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department SUBJECT: Public Hearing On Proposed Changes To Wastewater Rates RECOMMENDATION: That Council:

A. Hold a public hearing, consider all protests, and determine if there is a majority written protest regarding proposed increases to wastewater rates for Fiscal Years 2023, 2024, and 2025 as required by California Constitution article XIII D, § 6; and B. If there is no majority written protest, direct staff to prepare a rate schedule setting the wastewater rates for Fiscal Years 2023, 2024, and 2025, and include the schedules within the City of Santa Barbara Schedule of Penalties, Fees, Rates, and Service Charges for consideration by Council in connection with the final adoption of the operating budget.

EXECUTIVE SUMMARY:

The City’s wastewater system plays an essential role in protecting public health and the environment. Maintaining the City’s wastewater system requires a proactive commitment to investing in the capital infrastructure and resources necessary to keep this vital system operating 24 hours a day, 365 days per year. The Wastewater Fund revenues must be sufficient to meet the ongoing cost of operating and maintaining the City’s wastewater system, including investing in capital improvements, meeting mandated standards of treatment, servicing long-term debt obligations, and maintaining Council required reserve levels.

To evaluate the Wastewater Fund’s revenue sufficiency, the City’s rate consultant analyzed a planning period that included Fiscal Years 2023, 2024, and 2025. Over this time period, the total revenue requirement for the Wastewater Fund is increasing due to rising operations and maintenance costs; anticipated increases in water conservation, and thus decreases in wastewater flows and revenues; investment in capital; debt obligations; and Council reserve funding requirements. As a result, the City’s rate consultant is recommending increases in the City’s wastewater rates to sufficiently meet the needs of the wastewater utility over the next three years. Additionally, some adjustments to the rate design are recommended to reflect current customer characteristics.

Agenda Item No. 13
File Code No. 540.13
Council Agenda Report
Public Hearing On Proposed Changes To Wastewater Rates
June 14, 2022

Under California Constitution article XIII D, § 6, at the Public Hearing, Council is required to consider all protests against the proposed rates. If written protests against a proposed fee or charge are presented by a majority of parcel owners at or before the hearing, the City may not impose the rate, fee, or charge. One written protest per parcel or service address may be counted. Oral protests are not counted, but must be considered. The Notice of Public Hearing was mailed on April 22, 2022 to all active account holders who receive wastewater service from the City. The notices were mailed to the addresses where active account holders regularly receive their paper bills. The City’s contractor for mail services provided proof of mailing, ensuring that the notices were in fact mailed to the appropriate addresses. Additionally, on April 26, 2022, City staff provided a digital copy of the mailed notice to all active account holders registered with Utilities Online, the web portal for accessing City utility bills via the internet. The mailed notice advised owners and customers of their protest rights, and explained that a protest, whether oral or written, could be to all aspects of the proposed rates, including the amount and basis of calculation. The notice also advised that if a person later challenges a rate in court, they may be limited to the grounds stated in their protest.

As of June 7, 2022, the City has received 4 protests relating to proposed wastewater rate changes.

DISCUSSION:

Background
The City’s wastewater system plays an essential role in protecting public health and the environment. Maintaining the City’s wastewater system requires a commitment to investing in the capital infrastructure and resources necessary to keep this vital system operating 24 hours a day, 365 days per year. The City’s complex wastewater system includes 256 miles of sewer mains, 7 lift stations, 25 creek crossings, over 7,000 access structures (manholes and cleanouts), 2 miles of pressurized force mains, and the El Estero Water Resource Center (El Estero) – all of which must operate seamlessly to process approximately two billion gallons of wastewater annually. The El Estero Facility Plan identifies over $95 million in needed capital improvements over the next 20 years.

As an enterprise fund, the wastewater system is dependent on user rates as the primary funding source for the operations, maintenance, and capital improvements needed to keep the utilities functioning reliably and in compliance with federal and state regulations.

Using rate revenue to make regular investments in the City’s wastewater collection system and El Estero is critical to protecting the health and safety of the community and environment.

On September 28, 2021, City Council authorized staff to contract with HDR Engineering, Inc., (HDR) to complete a wastewater rate study, capacity charge study, and a ten-year financial plan. HDR and staff have been presenting regularly to the Water Commission to receive feedback and input on the policy direction of rate development. Included below is a summary of the public meetings:

Council Agenda Report
Public Hearing On Proposed Changes To Wastewater Rates
June 14, 2022

Meeting Date Meeting Body Meeting Summary
September 16, 2021 Water
Commission
Water Commission received a staff presentation
and recommended that Council authorize staff
to execute a contract with HDR for a rate study.

September 28, 2021 City Council Council authorized staff to execute a contract with HDR for a rate study.

October 21, 2021 Water
Commission
HDR provided an introduction to the
wastewater rate development, giving a broad
overview of the process.

January 20, 2022 Water
Commission
HDR and staff presented revenue requirement
analysis and received input from the Water
Commission on assumptions regarding water
conservation and caps on residential
wastewater charges.

February 17, 2022 Water
Commission
Staff presented proposed wastewater rates for
Fiscal Years 2023, 2024, and 2025 and
received input from the Water Commission.

March 17, 2022 Water
Commission
Water Commission approved the staff
recommendation 5-0 and forwarded the item on
to Finance Committee.

March 29, 2022 Finance
Committee
Finance Committee approved the staff
recommendation 2-0 to notice proposed rates
to customers and set a public hearing date.

May 12, 2022 Public Webinar Staff held an informational public webinar for members of the public to learn more about the
proposed wastewater rates.

Recordings of all the above meetings are available on the City’s website.

A full report compiled by HDR on the proposed wastewater rates is available for review online at www.SantaBarbaraCA.gov/WaterRateChanges or in person at the City Clerk’s office in City Hall.

Revenue Requirement and Cost-of-Service Analysis
On a long-term basis, revenues must be sufficient to meet the cost of the City’s Wastewater System, including operations and maintenance expenses, capital improvements, mandated standards of treatment, principal and interest payments on existing debt, reserves, and other obligations. All of these factors contribute to an overall increase in the average annual revenue requirement of about 7% each year. An approximate breakdown of the revenue requirement is as follows:

Council Agenda Report
Public Hearing On Proposed Changes To Wastewater Rates
June 14, 2022

 Inflationary Increase to Operations and Maintenance, 3%:
o As with other parts of the economy, the Covid-19 pandemic has contributed to increases in operations and maintenance costs. The costs of chemicals, for example, have seen substantial increases during the pandemic.  Capital Improvements, 2%:
o Maintaining this system requires a commitment to investing in the capital infrastructure and resources necessary to keep this vital system operating and protecting public health and safety. The Covid-19 pandemic has also contributed to increases in construction costs.
 Debt Service and Reserves, 1%:
o Low-interest State loans are used to finance various capital projects.

Revenues must be maintained to cover debt service payments and debt service coverage ratios. Revenues must also be sufficient to meet Council’s reserve policy targets. As capital improvement projects are completed, levels of required reserves increase.
 Drought Impacts, 1%:
o Current dry conditions and possible State water conservation requirements are anticipated to drive down water use and wastewater flows, which will result in reductions in wastewater revenue. Because most system costs are fixed, this revenue must be recovered. The rate model assumes 2% annual water conservation in anticipation of this reduction in water use and wastewater flows.

It is important to note that the overall system rate-revenue increase of 7% does not necessarily equate to a 7% rate increase for all customers. Bill impacts will depend on customer class and level of service. For example, a single-family residence with average water use may see different impacts than a commercial customer.

The total revenue requirement, minus non-rate revenue from other sources, is defined as the “cost of service” for any given fiscal year. After determining the cost of service, rates are then designed to apportion the cost of service among the customer classes according to the proportionate share of costs of service attributable to the customer classes and tiers within classes. A cost-of-service analysis is forward-looking and determines the proportional distribution of the revenue requirement to the various customer classes of service (e.g. residential or commercial).

Proposed Rates
Currently, wastewater volumetric charges are assessed on single-family units and small multi-family residential properties (2-4 dwelling units) for only a portion of their water use.

The purpose of limiting the applicable billing units is to recognize that water use above a certain level is likely being used for outdoor watering, which does not enter into the wastewater collection system or receive treatment at El Estero. In this report, the word Council Agenda Report
Public Hearing On Proposed Changes To Wastewater Rates
June 14, 2022

“cap” refers to the quantity of metered water, in Hundred Cubic Feet (HCF), after which residential customers are not charged wastewater fees for volumetric use.

Single-Family Residences
Current single-family residential rates include a fixed charge and a volumetric charge based on metered water consumption, with a cap at 10 HCF. HDR studied the cap in relation to current water-use trends for the single family class. Many years of drought have created a “new normal” for average water use, as customers have made permanent changes to their properties and habits to reduce water use. Analysis of current water-use trends finds that on average, a single-family’s monthly winter water use (December through March) is about 8 HCF. Winter water use is a reasonable approximation of how much water is being used indoors and thus discharged to the City’s wastewater system, as irrigation should be minimal in winter months. For the above reasons, HDR is recommending reducing the 10 HCF cap for single-family residences to 8 HCF. The change to the billing cap will be phased in over the rate-setting period. The cap will be lowered to 9 HCF in Fiscal Year 2023, and then to 8 HCF in Fiscal Year 2024.

Multi-Family Residences
Similar to single-family, the multi-family residential rates include a fixed component and a volumetric component based on potable water use. Currently, if a single water meter serves two to four detached dwelling units or a dwelling unit attached to no more than three additional dwelling units, the billing cap is set at 10 HCF per dwelling unit, the same cap as single-family residential customers. A single meter serving five or more dwelling units, or serving a dwelling unit attached to four or more additional dwelling units, is not subject to a volumetric cap. The current rate structure is designed to use the relationship between the number of dwelling units served by a single meter as a means to differentiate between multi-family complexes with water-use patterns similar to single-family residences and more dense multi-family complexes with little to no outdoor watering areas.

When analyzing water-use patterns of accounts on properties with 2-4 dwelling units, HDR found more similarities in water-use patterns with the 5+ dwelling unit customer class, rather than the single-family customer class. The single-family customer class on average has noticeable differences between winter water use and summer water use, indicating a strong irrigation pattern. This makes a cap necessary, as irrigation water does not discharge to the City’s wastewater system. However, similar to the 5+ dwelling unit customer class, the 2-4 unit customer class does not show significant differences per dwelling unit between winter water use and summer water use. This indicates most water use within this customer class is occurring indoors, and is thus being discharged as wastewater to El Estero. HDR is recommending that the cap for the 2-4 unit customer class be removed, and to charge this customer class similarly as multi-family 5+ dwelling unit accounts.

Council Agenda Report
Public Hearing On Proposed Changes To Wastewater Rates
June 14, 2022

This change will affect a small portion of 2-4 unit multi-family developments, as most water use is currently below the existing caps. There are some accounts, however, that staff will contact and recommend various conservation measures, such as droughttolerant landscaping and replacement of outdated plumbing fixtures, or installing an irrigation meter, to lessen the impact of this change.

HDR’s recommended changes will better reflect the amount of wastewater being discharged into the collection system and treated at El Estero.

Commercial and Commercial High/Industrial
Currently, there are two commercial classes in the adopted wastewater rate structure:

Commercial and Commercial High Strength/Industrial. These customer classes are billed volumetrically, subject to a minimum charge based on meter size. HDR is recommending recalibrating the minimum charge to reflect current customer characteristics. This change is being phased in year two of the rate adoption period (Fiscal Year 2024).

High Strength Surcharge Fee
During the City’s last wastewater rate study, HDR recommended the addition of a high strength wastewater surcharge fee to cover the additional treatment costs associated with waste streams with unusually high strength. Discharges that fall in this category include, but are not limited to, domestic septic tank/portable restroom discharges, industrial laundry services, and alcohol beverage manufacturing (brewery, wineries, and distilleries). This surcharge has been implemented, and HDR recommends maintaining the surcharge. The cost-of-service analysis has determined the proportional allocation of costs on a per pound basis for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia. Staff has conducted outreach to the customer most predominately affected by the surcharge, Marborg Industries, a large domestic septic tank/portable restroom hauling service and receiving station, to communicate planned increases to the surcharge.

Water Commission and Finance Committee
On March 17, 2022 Water Commission recommended staff’s proposal 5-0 and forwarded the item on to Finance Committee. On March 29, 2022, Finance Committee approved the staff recommendation 2-0 to notice the proposed rates to customers and set a public hearing.

BUDGET/FINANCIAL INFORMATION:

HDR’s proposed average annual wastewater rate-revenue increases of 7% will ensure that the Wastewater Fund continues to fund critical capital improvements and ongoing operations. The additional revenue has been adequately appropriated in the recommended budget for FY2023.

Council Agenda Report
Public Hearing On Proposed Changes To Wastewater Rates
June 14, 2022

SUSTAINABILITY IMPACT:

The City’s wastewater system is responsible for collecting and treating approximately two billion gallons of wastewater annually. This service is integral for protecting the local environment, creeks, and ocean water quality in particular. The proposed rate increases will ensure that the wastewater collection system and El Estero can continue to operate successfully 24 hours a day, seven days a week, and 365 days per year.

ENVIRONMENTAL REVIEW:

The proposed rate action is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code § 21080(b)(8) and CEQA Guidelines § 15273, exemption for the establishment, modification, structuring, restructuring, or approval of rates, and charges for the purpose of meeting ongoing operation, maintenance, and capital expenses necessary to maintain service within existing service areas.

ATTACHMENT: Notice of Public Hearing for Proposed Changes to City of Santa Barbara Wastewater Rates
PREPARED BY: Joshua Haggmark, Water Resources Manager/DH/lm SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
Date: Tuesday, June 14, 2022—2:00 p.m.

Place: City of Santa Barbara Council Chambers, City Hall, 735 Anacapa Street, Santa Barbara.

Social Distancing orders may require the hearing to be held electronically. Meeting details will be posted no less than 72 hours prior to the start of the Public Hearing on the City Council meeting agenda located at SantaBarbaraCA.gov/CAP
NOTICE OF PUBLIC HEARING:

PROPOSED CHANGES TO CITY OF SANTA BARBARA WASTEWATER RATES *Applicable to all accounts serving two to four detached dwelling units, Accessory Dwelling Units served by their own water meter, and all accounts serving a dwelling unit attached to no more than 3 additional dwelling units. **Applicable to all accounts serving five or more dwelling units, and to accounts serving a dwelling unit attached to 4 or more additional dwelling units.

Water Rates
In June 2021 Council adopted water rates for Fiscal Years 2022, 2023, and 2024. Fiscal Year 2023 rates will go into effect on July 1, 2022. Moderate (9 HCF) single family water users with a 5/8” meter will see their monthly water charges increase $5.85, or 5%, in Fiscal Year 2023.

PROPOSED WASTEWATER RATES FOR:

FISCAL YEARS 2023, 2024, AND 2025
You are receiving this notice because our records indicate that you are a City of Santa Barbara utility customer. If you are not a City wastewater customer, please disregard this Notice.

This Notice describes proposed changes to wastewater rates and explains how you can participate in the public process. The City’s wastewater rates are based on a comprehensive rate study that uses a rate model to evaluate the cost of wastewater service, as required by Article XIII D, Section 6 of the California constitution.

Why are wastewater rates changing?
The City’s wastewater system plays a leading role in the protection of public health and the environment.

Maintaining the wastewater system requires a proactive commitment to investing in the capital infrastructure and resources necessary to keep this vital system operating 24 hours a day, 365 days per year. The proposed rate changes will enable the City to meet the needs of the wastewater system, including operation and maintenance costs, capital improvements, mandated standards of treatment, debt service, contingency reserves, and other financial obligations.

What goes into a wastewater bill?
Residential wastewater bills are made up of two key components: (1) a volumetric charge based on water usage, and (2) a fixed monthly base charge. For single-family customers, wastewater volumetric charges are not charged over a certain level of water use. Commercial customers are charged the greater of their volumetric charges or minimum monthly bill amount based on meter size.

How do I stay informed?
 Watch City Council meetings online at SantaBarbaraCA.gov/CityTV or tune in to City TV Channel 18.  Explore information on rate changes at SantaBarbaraCA.gov/WaterRateChanges.  Contact City staff at (805) 564-5387.
 Attend City Council meetings: visit SantaBarbaraCA.gov/CAP for meeting details.

How will the proposed changes impact my wastewater bill? The table below shows sample wastewater bills for common service levels.

Customer Class Account Characteristics
Usage Total Monthly Wastewater Charges
(hcf/mth) Current Bill FY 23 Proposed Bill Difference
Single Family Residential 5/8” meter 9 $56.07 $59.82 $3.75 Multi-Family Residential: 1-4
Attached Units*
1 unit in a small multi-unit
complex 5 $41.23 $44.50 $3.27
Multi-Family Residential: 5 or
more Attached Units**
1 unit in a large multi-unit
complex 5 $41.23 $44.50 $3.27
Commercial 1" Meter 17 $78.20 $83.98 $5.78

ATTACHMENT
Proposed
Customer Class Charge Type Current FY23 FY24 FY25
Single Family Residential
Monthly Base Charge ($/Dwelling Unit) $22.68 $25.35 $27.00 $28.76 Usage Charge up to 9 HCF in FY23, and 8 HCF in FY24
and FY25 ($/HCF) $3.71 $3.83 $4.28 $4.62
Multi-Family Residential
4 or less Dwellings
Monthly Base Charge ($/Dwelling Unit on account) $22.68 $25.35 $27.00 $28.76 Usage Charge ($/HCF) $3.71 $3.83 $4.28 $4.62
Multi-Family Residential
5+ Dwellings
Monthly Base Charge ($/Dwelling Unit on account) $22.68 $25.35 $27.00 $28.76 Usage Charge ($/HCF) $3.71 $3.83 $4.28 $4.62
Commercial and Commercial High Strength/Industrial customers are charged a fixed charge based on meter size (Tables 2- 3), or a volumetric charge based on the quantity of water consumed (Table 4), whichever is greater.

TABLE 2— WASTEWATER PROPOSED COMMERICAL FIXED CHARGES BY METER SIZE 5/8” 3/4” 1” 1 ½” 2” 3” 4” 6” 8” 10”
Current $43.39 $65.09 $75.72 $129.97 $216.68 $433.20 $540.67 $1,082.96 $1,895.21 $2,909.10 FY23 $46.65 $69.98 $81.41 $139.73 $232.96 $465.75 $581.29 $1,164.33 $2,037.60 $3,127.67 FY24 $51.69 $77.54 $90.46 $129.23 $206.76 $387.68 $646.13 $1,292.25 $2,067.60 $2,972.18 FY25 $55.05 $82.58 $96.34 $137.63 $220.20 $412.88 $688.13 $1,376.25 $2,202.00 $3,165.38 5/8” 3/4” 1” 1 ½” 2” 3” 4” 6” 8” 10”
Current $56.06 $84.09 $98.27 $160.80 $280.69 $561.21 $701.75 $1,403.22 $2,455.57 $3,858.97 FY23 $61.04 $91.56 $107.00 $175.08 $305.62 $611.06 $764.09 $1,527.87 $2,673.71 $4,201.78 FY24 $59.70 $89.55 $104.48 $149.25 $238.80 $447.75 $746.25 $1,492.50 $2,388.00 $3,432.75 FY25 $63.58 $95.37 $111.27 $158.95 $254.32 $476.85 $794.75 $1,589.50 $2,543.20 $3,655.85 TABLE 3— WASTEWATER PROPOSED COMMERICAL HIGH STRENGTH/INDUSTRIAL FIXED CHARGES BY

METER SIZE
Proposed
Customer Class Current FY23 FY24 FY25
Commercial $4.60 $4.94 $5.27 $5.63
Commercial High Strength/Industrial $5.73 $6.24 $6.65 $7.08 TABLE 4— WASTEWATER PROPOSED VOLUMETRIC RATES ($/HCF)
***If the City’s Water Resources Laboratory determines that a customer has exceeded the high strength discharge limit for Biochemical Oxygen (BOD), Total Suspended Solids (TSS), or Ammonia, a surcharge will be assessed for each constituent in excess of its relative limit.

TABLE 1—WASTEWATER PROPOSED RESIDENTIAL FIXED & VOLUMETRIC RATES 1 HCF (hundred cubic feet) = 748 gallons. FY = fiscal year July 1—June 30 TABLE 5— WASTEWATER PROPOSED STRENGTH SURCHAGES ($/LB)*** Current FY23 FY24 FY25
BOD (>750 mg/l) $0.32 $0.32 $0.34 $0.36
TSS (>850 mg/l) $0.42 $0.46 $0.48 $0.51
Ammonia (>90 mg/l) $0.98 $1.10 $1.17 $1.25
How do I protest? If you wish to submit a written protest of any of the above increases, your protest must be received by the City Clerk of the City of Santa Barbara at 735 Anacapa Street, Santa Barbara, CA, 93101, prior to the City Council’s consideration of this item on June 14, 2022. Protests must include your name, service address, and whether you are protesting the amount of the fee increase, the basis for calculation of the fee, or both. In the event that social distancing practices remain in place, mailed protests are encouraged. Written protests may be delivered in-person at the address above, deposited in the bill payment drop box slot located on the exterior of the building on the De La Guerra Plaza side. Only written protests received before the close of the public hearing on June 14, 2022, will be counted. During the hearing, the City Council will consider all protests and public testimony. Protests are public records. The public hearing may be conducted via teleconference or other electronic meeting format, and the Council Chambers may not be open to the general public. Submission of written protests by personal delivery during the meeting may not be permitted. One written protest per parcel or service address will be tabulated. If you later challenge the rates in court, you may be limited to the grounds stated in your protest. If you challenge the City's rate setting action in court, you may be limited to the issues and grounds raised in a written protest or in public testimony at the public hearing. There is a 120-day statute of limitation for challenging any new, increased, or extended fee or charge (California Government Code Section 53759).

ATTACHMENT
The Wastewater System
The City’s complex wastewater system
includes 256 miles of sewer mains,
7 lift stations, 25 creek crossings, over
7,000 access structures (manholes and
cleanouts), two miles of pressurized
force mains, and the El Estero Water
Resource Center – all of which must
operate seamlessly 24/7/365 to process
approximately 2 billion gallons of
wastewater annually.

Infrastructure Investment is Paying Off
The impacts of climate change and aging infrastructure are increasing, but we’re already seeing the benefits of proactive investment in system improvements. In the past ten years, the City has taken a proactive approach of protecting the environment by increasing our rehab and repairs of our
wastewater collection system, resulting in a reduction of sewer spills by over 33 percent. Plans are underway to replace the aging mechanical and electrical equipment at the City’s largest sewage pump station (Braemar Lift Station), resulting in increased reliability, efficiency and longevity. By strategically investing now, at the lowest cost possible, we avoid more costly expenses that result from lack of care and maintenance, including costs to our environment and community.

Investing in Our
Wastewater System
Scan this code using the
camera on your phone
to learn more about the
proposed rate change and
to register for the webinar.

To learn more, join our
informational webinar on
Thursday, May 12th at 6:00 pm.

Ensuring Sufficient Rates to
Fund Critical Infrastructure
Regulations, inflation, costs of essential
materials, state and federal requirements,
and more are resulting in significant cost
increases to operate 24-hour sewer service
for the City’s 96,000 customers. While
affordability is always top of mind, so too is
the City’s responsibility to ensure adequate
revenue to fund vital system operations and
improvements. The City is actively working
on controlling costs by obtaining State
Revolving Fund loans and grants for complex
and expensive capital improvement projects
(like the Braemar Lift Station Rehabilitation
Project and the El Estero Electrical Renewal
Project). Obtaining these loans and grants
helps the City reduce and spread out costs
throughout a 20-year period.

What Your Wastewater Bill Pays For
Your bill helps ensure we keep our wastewater system maintained and operating around the clock, which is key to protecting public health and the environment.

April 2022
Crews prepare for pipe repair work as part of the City’s ongoing program to structurally rehabilitate 2.5 miles
of the wastewater collection system each year. This
critical, proactive work helps prevent sewage spills
and extends the life span of the system ensuring
it can continue to serve customers in the future.
18% Wastewater collection17% General administrative costs13% Debt service18% Capital investment34% Wastewater treatment The City’s wastewater system plays an essential role in protecting public health and the environment.

Maintaining the City’s wastewater system requires a proactive commitment to investing in the capital infrastructure and resources necessary to keep this vital system operating 24 hours a day, 365 days per year.

ATTACHMENT

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: Environmental Services Division, Sustainability & Resilience Department
SUBJECT: Public Hearing On Proposed Changes To Solid Waste Rates RECOMMENDATION: That Council:

A. Hold a public hearing, consider all protests, and determine if there is a majority written protest regarding proposed increases to solid waste rates for Fiscal Year 2023, as required by California Constitution art. XIII D, § 6; and B. If there is no majority written protest, direct staff to prepare a rate schedule setting the solid waste rates for Fiscal Year 2023, and include the schedule within the City of Santa Barbara Schedule of Penalties, Fees, Rates, and Service Charges for consideration by Council in connection with the final adoption of the operating budget.

EXECUTIVE SUMMARY:

Solid waste management is essential to maintaining Santa Barbara as a beautiful and environmentally responsible city. To this effect, each year, staff propose changes to the rates paid by solid waste customers in order to pay for projected increases in hauling, processing, disposal, and other City costs. Additionally, the City implements strategic programs to ensure compliance with rapidly-developing State regulations and to support local community health and safety.

Under California Constitution art. XIII D, § 6, the City Council is required to consider all protests against the proposed rates at a public hearing. If written protests against a proposed fee or charge are presented by a majority of parcel owners at or before the hearing, the city may not impose the rate, fee, or charge. On June 14, Council will hold a public hearing, consider all protests, and determine if there is a majority written protest regarding the proposed increases to solid waste rates.

DISCUSSION:

Solid Waste Rate Changes for Fiscal Year 2023
Agenda Item No. 14
File Code No. 630.01
Council Agenda Report
Public Hearing On Proposed Changes To Solid Waste Rates June 14, 2022

Several factors inform the proposed FY23 rates, as outlined below.

Waste Processing and Disposal
Staff from the County and the Cities of Santa Barbara, Goleta, Buellton, and Solvang have worked together since 2008 to explore the development of a Resource Recovery Project (ReSource Center) at the Tajiguas Landfill. The goal of the ReSource Center is to significantly increase the diversion of trash from landfill disposal, thereby extending the life of Tajiguas, and providing a long-term waste management solution for the South Coast.

On July 12, 2016, the County executed a Waste Services Contract with MSB Investors, LLC (MSB), to design, build, and operate the ReSource Center at a cost of $110.8 million.

The project, now complete, consists of a MRF that sorts the trash and recovers recyclable commodities, as well as an Anaerobic Digester that converts organics recovered from the MRF into compostable material and biogas.

The County financed the ReSource Center through the issuance of bonds. To ensure repayment of the debt and honor the County’s financial obligations to MSB, each jurisdiction, including the City, committed its waste and the associated tipping fee revenue stream to the project through the execution of a 22-year Materials Delivery Agreement (MDA) between the City and the County, which was approved by City Council in December 2016.

Due to a number of delays in the spring of 2017 and several facility redesigns, the project costs increased to $134 million. Construction began in December 2018, and the ReSource Center became operational in summer 2021.

In October of 2021, the Alisal Fire impacted operations at the Tajiguas landfill, temporarily halting waste processing and causing an estimated $15-20 million in damages. The County is working with its insurance to cover these costs, and has not proposed to adjust the Fiscal Year (FY) 2023 tipping fees to reflect the fiscal impacts of the fire. Currently, materials are being actively recovered and diverted, which will put participating jurisdictions in compliance with diversion requirements associated with SB 1383.

Since FY19, the tipping fees for solid waste and recycling processed by the County at the South Coast Transfer Station and the Tajiguas Landfill have increased significantly in order to fund the construction of the ReSource Center. Initially, the FY18 tipping fees of $87 per ton were increased to $102 per ton in FY19. Tipping fees have continued to increase each year – increasing to $150 per ton in FY20, $158 per ton in FY21, $164 per ton in FY22, and tipping fees will once again increase in FY23 to $170 per ton. The large increases were part of the MDA with the County to fund the loan, construction, and operating costs for the ReSource Center; the tipping fees have now reached the level necessary to fund the ReSource Center, so annual tipping fee increases now reflect smaller normal adjustments for inflation and other operating costs of the disposal facilities.

Council Agenda Report
Public Hearing On Proposed Changes To Solid Waste Rates June 14, 2022

The increase of County tipping fees to $170 per ton in FY23 will increase overall solid waste rates by 1.3 percent.

Waste Collection and Hauling
According to the City’s franchise agreement with MarBorg, the amount paid to MarBorg is annually adjusted by an amount pegged to the Consumer Price Index (CPI). Changes to CPI in 2021 results in a rate increase of 4.7 percent for FY23.

Reserves Recovery and Other City Programs
The proposed Environmental Services budget increases the Abandoned Waste fee by $350,000 in order to meet increased demand for abandoned waste cleanup, litter removal, and homeless camp abatement. These increases combined will increase solid waste rates by an additional 1.1 percent.

Overall supplemental fees are proposed to decrease by $1.4 million. As discussed above, tipping fees related to the opening of the ReSource Center increased substantially from FY18. In order to mitigate what would have been substantial rate increases, staff used Solid Waste Fund reserves to fund part of these cost increases, and have been recovering these reserves since then by including a “reserves recovery” component each year. At the end of FY22, staff anticipates the Solid Waste Fund to reach its policy reserves. As a result, staff propose greatly reducing the reserves recovery component from the rates.

The changes to the supplemental fees is a rate mitigation of 4.1%.

Overall Rates
Santa Barbara Rate Increases Effective July 1, 2022
CPI Increase to MarBorg Services 4.7%
Tipping Fee Increase 1.3%
Abandoned Waste Fee Increase 1.1%
Supplemental Fees Decrease -4.1%
Total Increase Effective July 2022 3.0%
The combination of these adjustments results in a 3.0% total increase for solid waste rates, as outlined by the table above.

Public Hearing
On March 29, 2022 the solid waste rate increase was presented to Finance Committee, which unanimously approved staff recommendation to notice proposed rates to customers and set a public hearing date of June 14, 2022.

Council Agenda Report
Public Hearing On Proposed Changes To Solid Waste Rates June 14, 2022

Under California Constitution art. XIII D, § 6, the City Council is required to consider all protests against the proposed rates at a public hearing. If written protests against a proposed fee or charge are presented by a majority of parcel owners at or before the hearing, the city may not impose the rate, fee, or charge. One written protest per parcel or service address may be counted. Oral protests are not counted, but must be considered.

The notice of public hearing was mailed on April 22, 2022 to all active account holders who receive either or both wastewater and solid waste service from the City. The notices were mailed to the addresses at which active account holders regularly receive their paper bills. The City’s contractor for mail services provided a proof of mailing, ensuring that the notices were in fact mailed to the appropriate addresses. Additionally, on April 26, 2022, City staff provided a digital copy of the mailed notice to all active account holders registered with Utilities Online, the web portal for accessing City utility bills via the internet. The mailed notice advised owners and customers of the protest rights and that a protest whether oral or written could be to the all aspects of the proposed rates, including the amount and basis of calculation. The notice also advised that if a person later challenges a rate in court, they may be limited to the grounds stated in their protest.

As of June 7, 2022, the City has received 5 protests relating to solid waste rate changes.

BUDGET/FINANCIAL INFORMATION:

Under the proposed solid waste rates, the City will fulfill its contractual obligations to the County for waste processing and to MarBorg for franchised waste hauling services. The proposed rates also enable compliance with new State regulations and fund additional management of homelessness issues and community cleanups. The proposed changes are included in the Fiscal Year 2023 Solid Waste Fund Budget that has been presented to Council.

SUSTAINABILITY IMPACT:

The City’s participation in the ReSource Center is integral to managing our solid waste responsibly. It is a local solution that reduces transportation-related carbon emissions while producing renewable energy from the anaerobic digestion facility. It also extends the useful life of the Tajiguas landfill while diverting more recyclable materials for reuse and turning organic material into an agricultural input rather than a source of difficult to capture landfill-generated greenhouse gas emissions.

ENVIRONMENTAL REVIEW:

The proposed rate action is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code § 21080(b)(8) and CEQA Guidelines § 15273— exemption for establishment, modification, structuring, restructuring, or approval of rates and charges for the purpose of meeting ongoing operation, maintenance, and capital expenses necessary to maintain service within existing service areas.

Council Agenda Report
Public Hearing On Proposed Changes To Solid Waste Rates June 14, 2022

ATTACHMENT: Notice of Public Hearing for Proposed Changes to City of Santa Barbara Solid Waste Rates
PREPARED BY: Lorraine Cruz Carpenter, Acting Environmental Services Manager SUBMITTED BY: Alelia Parenteau, Acting Sustainability and Resilience Director APPROVED BY: City Administrator’s Office
Date: Tuesday, June 14, 2022—2:00 p.m.

Place: City of Santa Barbara Council Chambers, City Hall, 735 Anacapa Street, Santa Barbara.

Social Distancing orders may require the hearing to be held electronically. Meeting details will be posted no less than 72 hours prior to the start of the Public Hearing on the City Council meeting agenda located at SantaBarbaraCA.gov/CAP NOTICE OF PUBLIC HEARING:

PROPOSED CHANGES TO CITY OF SANTA BARBARA TRASH & RECYCLING RATES CHECK OUT THE TRASH & RECYCLING RATE CALCULATOR AT:
www.SantaBarbaraCA.gov/Recycling

PROPOSED TRASH & RECYCLING
RATE CHANGES FOR FISCAL YEAR 2023
You are receiving this Notice because our records indicate that you are a City of Santa Barbara utility customer. This Notice describes the proposed trash and recycling rate changes, and explains how you can file a protest and participate in the process. Some customers are billed by the City for some, but not all services. This notice applies only to the services that appear on your bill from the City.

Trash & Recycling Revenue Requirement Increases
The proposed July 1, 2022 rate schedule increase for all sectors is 3.0%. According to the contract terms with the City’s waste hauler, the City must increase rates to pay MarBorg for increases in inflation of 4.7% as measured by the Consumer Price Index, plus 1.3% for an increase in processing and disposal fees. Clean SB programs require a 1.1% increase. Reserve levels have been met in accordance with the fund reserve policy, enabling a discontinuation of reserve recovery fees, which provides a -4.1% rate increase mitigation, resulting in a total proposed rate schedule increase for all sectors of 3.0%.

ReSource Center
In order to meet State of California’s 2020 recycling and climate legislative requirements, the City worked with the County of Santa Barbara and other regional cities to construct the ReSource Center, a regional waste processing facility designed to divert at least 60% of our brown bin waste from landfill disposal. To do this, the project includes a facility that pulls out recyclables mistakenly sent to the landfill and an anaerobic digester to process organic material. The facility is located at the Tajiguas landfill and began processing our waste in the summer of 2021. To fund the construction of the ReSource Center, the fee for receiving trash and recycling from the City of Santa Barbara is increasing from $164 per ton to $170 per ton on July 1st, 2022. For more information about the ReSource Center, please visit the County of Santa Barbara’s website, www.lessismore.org.

Clean SB and Discontinuation of Reserves Recovery Fees
Clean SB is a City program that maintains public spaces for the health and beauty of the community; additional funds are being allocated for targeted litter cleanups and increased need for encampment cleanups. Beginning in Fiscal Year 2019, the City implemented a reserves recovery fee to fulfill a policy reserve to ensure sufficient operating capital; the reserve is projected to be fully funded in Fiscal year 2023, so the fees are being removed from the revenue requirement, which lowers the amount by which the rates need to be increased.

How can I lower my trash bill?
In general, some customers may be able to lower their bills by “right-sizing” their service. Customers can make sure that they are diverting lower-cost recyclables from their higher-cost trash containers, increasing recycling service while decreasing trash service, if possible. Many Business and Large Residential (5+ unit) customers are also subscribed to more greenwaste service than they need, especially if they have landscapers that can selfhaul trimmings instead of using greenwaste containers for disposal.

When do the new rates take effect?
City Council will consider adopting these rates on June 21, 2022 (one week after the public hearing). The new rates will be effective starting July 1, 2022.

ATTACHMENT
* Not including 6% utility tax on trash/recycling collection, as applicable How do I protest?
If you wish to submit a written protest of any of the above increases, your protest must be received by the City Clerk of the City of Santa Barbara at 735 Anacapa Street, Santa Barbara, CA, 93101, prior to the City Council’s consideration of this item on June 14, 2022. Protests must include your name, service address, and whether you are protesting the amount of the fee increase, the basis for calculation of the fee, or both. In the event that social distancing practices remain in place, mailed protests are encouraged. Written protests may be delivered in-person at the address above, deposited in the bill payment drop box slot located on the exterior of the building on the De La Guerra Plaza side. Only protests received before the close of the public hearing on June 14, 2022, will be counted. During the hearing, the City Council will consider all written protests and public testimony. Protests are public records. The public hearing may be conducted via teleconference or other electronic meeting format, and the Council Chambers may not be open to the general public. Submission of written protests by personal delivery during the meeting may not be permitted. Submission of written protests by personal delivery during the meeting may not be permitted. One written protest per parcel or service address will be tabulated. If you challenge the City's rate setting action in court, you may be limited to the issues and grounds raised in a written protest or in public testimony during the public hearing.

How can I get more information and copies of the proposed rate schedules? See www.SantaBarbaraCA.gov/UtilityBilling or call (805) 564-5631 for trash & recycling questions.

How do I stay informed?
 Watch City Council meetings live online at SantaBarbaraCA.gov/CityTV or tune in to City TV Channel 18.  Attend City Council meetings; Visit SantaBarbaraCA.gov for meeting participation details.  Explore updated information on recycling, waste reduction, and program enhancements at www.SantaBarbaraCA.gov/Recycling
Customer Profile Representative
Service
Current
Rates*
Proposed
Rates* % Change
1 Unit
Small Residential
65 gal trash,
65 gal greenwaste,
65 gal recycle,
1x/week
$56.15 $57.70 2.76%
2-4 Unit
Small Residential (Cart/Can Service)
3-65 gal trash,
95 gal greenwaste,
3-95 gal recycle,
1x/week
$99.55 $102.30 2.76%
5+ Unit
Large Residential (Cart/Can Service)
5-95 gal trash,
95-gal greenwaste,
5-95 gal recycle,
1x/week
$397.07 $406.83 2.46%
5+ Unit
Large Residential
(Small/Medium Dumpster Service)
4 yard trash,
2 yard recycle,
1x/week
$523.58 $536.40 2.45%
Business
(Cart/Can Service)
3-95 gal trash,
3-95 gal recycle,
2x/week
$557.19 $574.20 3.05%
Business
(Dumpster Service)
4 yard trash,
4 yard recycle,
2x/week
$1567.38 $1615.20 3.05%
How will the proposed changes impact my monthly trash & recycling bill? Representative trash & recycling service levels are demonstrated in the table below.

To preview your July 2022 estimated bill please visit our Trash & Recycling Bill Calculator at www.SBRecycles.org or call City Trash & Recycling at (805) 564-5631.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: City Clerk’s Office, City Administrator’s Office
SUBJECT: Interviews For City Advisory Groups
RECOMMENDATION:

That Council hold interviews of applicants to various City Advisory Groups. (Estimated time 6:00 p.m.)
DISCUSSION:

Interviews of applicants for various positions on City Advisory Groups are to be held on June 14, 2022, at 6:00 p.m. (estimated time).

For the current 61 vacancies, 68 individuals submitted 75 applications. Seven applications have been withdrawn. A list of eligible applicants and pertinent information about the City Advisory Groups is attached. Applicants have been notified that to be considered for appointment they must be interviewed. Applicants have been requested to prepare a two to three minute verbal presentation in response to a set of questions. Those questions are specific to the group for which they are applying. Applicants applying to more than one advisory group may have up to five minutes for their presentation.

Appointments are scheduled to take place on June 28, 2022.

ATTACHMENT: List of Applicants
PREPARED BY: Niko Lopez, Deputy City Clerk
SUBMITTED BY: Sarah Gorman, MMC, City Clerk Services Manager APPROVED BY: City Administrator's Office
Agenda Item No. 15
File Code No. 140.05

ATTACHMENT
1 Semiannual Recruitment 2022

ARTS ADVISORY COMMITTEE
 One vacancy
 Term Expiration: December 31, 2023
 Qualifications/Category: Members may be residents inside the South Coast area of Santa Barbara County, and shall have acknowledged accomplishments in the arts, and demonstrate an interest in and commitment to cultural arts and activities.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Heather Andrew
Adrienne DeGuevara
Andrea Garcia
Carole Goodman
Vincent Gonzalez
Diane Huntoon
Serena Lee
Karen Luckett
Darrel McNeill
Barbara Parmet
Qualified
elector/South Coast
Area resident (1)
Stephanie Robertson
2 Sarah Rothschild
Claudia Schou
3 BUILDING AND FIRE CODE BOARD OF APPEALS
• Five vacancies.
• Term Expiration: Three on June 30, 2026, two on June 30, 2024  Qualifications/Category: Member shall be a resident of the City or adjoining unincorporated area of Santa Barbara County, and shall demonstrate knowledge and expertise in specialty areas governed by the construction and fire codes of the City. Per Santa Barbara Municipal Code Sections 22.04.020 (H) (113.1.2) & 8.04.020 (E) (114.1.2), at least 3 members of this board must be physically handicapped in order to hear items that involve Chapter 11 of the California Building Code and Chapters 11A and 11B of the California Fire Code.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
City Resident (4) James Marston
6/18/19 & 7/1/20
2 years 11 months
Member of the physically handicapped
community
Elizabeth Sorgman
4 CENTRAL COAST COMMISSION FOR SENIOR CITIZENS
 One vacancy.
 Term Expiration: June 30, 2024
 Qualifications/Categories: Qualified elector of the City.  Appointee may not hold any full-time paid office or employment in City government, and for one year after ceasing to be a member, shall not be eligible for any salaried office or employment with the City.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Qualified Elector of the Toni DeMoulin
City (1)
E Howard Green
6/18/19 & 12/8/20
2 years 11 months
5 CITIZENS OVERSIGHT COMMITTEE
 Seven vacancies.
 Term Expiration: June 30, 2026
 Qualifications/Category: Qualified electors of the City of Santa Barbara. One member must be a representative of the Business Community, and one must be a representative of the Hospitality community.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Steve Epstein
6/26/18
3 years 11 months
Also qualified elector of the Member of Business city
Community (1)
Jarett Gorin
6/18/19
2 years 11 months
Also qualified elector of the
city
Eric Grossman
Francis Peters
6/26/18
3 years 11 months
Qualified Elector (5)
Member of the
Hospitality Community
(1)
6 CIVIL SERVICE COMMISSION
 Three vacancies.
 Term Expiration: One on June 30, 2026, One on December 31, 2024; One on December 31, 2022  Qualifications/Category: Qualified electors of the City of Santa Barbara.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Qualified elector of the Eliot Jacobsen
City (3)
7 COMMUNITY DEVELOPMENT AND HUMAN SERVICES COMMITTEE
 Seven vacancies.
 Term Expirations:
 June 30, 2026 (Business Community/Economic Development, Eastside Neighborhood, Senior Community, and Latino Community)
 December 31, 2024 (Oak Park Community);
 December 31, 2023 (Human Services); and
 December 31, 2022 (Westside/Lower Westside Neighborhood)  Qualifications/Category: Must be residents or employees of the designated organizations, and must represent one of the specified categories or organizations:
 Business Community/Economic Development;
 Human Services Organization
 Latino Community;
 Senior Community
 Oak Park Neighborhood;
 Westside/Lower Westside
 Eastside Neighborhood
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Eastside Neighborhood (1) Jennifer Lemberger
Senior Community (1) Robert Permut
Westside/Lower Westside Karen Luckett
Neighborhood (1)
Orion Ross
Oak Park Neighborhood (1)
Human Services (1)
8 Business Eric Grossman
Community/Economic
Development (1) Kari O’Driscoll
Latino Community (1)
9 FIRE AND POLICE COMMISSION
 One vacancy.
 Term Expiration: December 31, 2022
 Qualifications/Category: Qualified Elector* of the City.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Miles Carroll
Marcus Chevitarese
Louis Reynaud
Matthew Rutherford
Qualified Elector (1)
John Thyne
10 HISTORIC LANDMARKS COMMISSION
 One vacancy.
 Term Expiration: June 30, 2026
 Qualifications/Category: City or non-City resident who represents one of the following categories:
 Licensed Architect;
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Licensed Architect(1)
Cassandra Ensberg Not qualified elector of the
city
11 HOUSING AUTHORITY COMMISSION
 Three vacancies.
 Term Expiration: June 30, 2026
 Qualifications/Category:
 2 members must be tenants who are receiving housing assistance from the Housing Authority. At least one must be 62 years of age or older.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Esvin Almengore
12/7/21
5 months
Also qualify for public at- large
Cameron Pyles Also qualify for public at- large
Tenant Member (2)
Bonnie Elliott Also qualify for public at- large
Senior Tenant
Mary Fenger
11/12/19
2 years 6 months
Qualifies as Senior Tenant
Member, satisfying age
requirements
Lucille Boss
6/26/18
3 years 11 months
David Brentlinger
Jeffrey Chang
Amanda Cobb
Orion Ross
Sarah Rothschild
Public at-large (1)
Winfield Shiras
12 LIVING WAGE ADVISORY COMMITTEE
 Four vacancies.
 Term Expirations:
 June 30, 2026 (Owner/Manager of a business within the City of Santa Barbara; and Public at-large);  June 30, 2024 (Nominee of the Santa Barbara Downtown Organization; and Employee of Local Non-Profit Entity);
 Qualifications/Categories: Members must represent one of the specified categories:
 One public at-large
 One owner/manager of a business within the City;
 One member shall be a nominee of the Santa Barbara Chamber of Commerce or Santa Barbara Downtown Organization; and
 One employee of a local non-profit entity)
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Public at-large (1) Sari Kamali
Robert Permut
Owner/Manager of a
Business (1) Allen Williams
12/7/21
5 months
Nominee of the Santa
Barbara Downtown
Organization (1)
Employee of Local Non-Profit
Entity (1)
13 MEASURE P COMMITTEE
 Seven vacancies.
 Term Expirations:
 December 31, 2026 (One medical marijuana patient. One medical professional.);  December 31, 2024 (Civil Liberties Advocate, Resident);  December 31, 2023 (Resident);
 December 31, 2022 (One drug abuse, treatment and prevention counselor)  Qualifications/Categories: Members must represent one of the specified categories:
 Two residents of the City.
 One criminal defense attorney.
 One civil liberties advocate.
 One medical marijuana patient.
 One medical professional.
 One drug abuse, treatment and prevention counselor.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Devon Wardlow Also qualifies as civil liberties advocate Resident of City (2) Criminal defense attorney (1)
Civil liberties advocate (1)
Medical Marijuana Patient. (1)
Medical Professional (1)
Drug Abuse, Treatment and
Prevention Counselor (1)
14 NEIGHBORHOOD ADVISORY COUNCIL
 Five vacancies.
 Term Expirations:
 December 31, 2023 (Neighborhood representative – 2; Public at-large - 2)  December 31, 2025 (Public at-large – 1)
 Qualifications/Categories: Members must be residents of the following neighborhoods (as those neighborhoods are described in the General Plan Land Use Element). No more than three members can represent one specific neighborhood. Members who do not resided in the specified neighborhoods, but are City residents, may represent the public at large:
 Laguna
 West Downtown
 Lower Eastside
 Westside; and
 Public at Large (2 openings).
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Alexandra Brieske
Martee Molnar
Jane Reardon
Andrew Rodriguez
Public at-large (3)
Sarah Rothschild
Neighborhood Sharyn Muir (Westside) Also qualify for public at-large representative (2)
Deborah Brown (West Downtown) Also qualify for public at-large 15 RENTAL HOUSING MEDIATION BOARD
 Five vacancies.
 Term Expiration: December 31, 2023 (Landlord)
December 31, 2024 (Tenant)
December 31, 2025 (Homeowner and Landlord)
 Qualifications/Categories: The majority of members (8) must be residents of the City of Santa Barbara. Non-City resident members must reside in a jurisdiction which contracts with the Rental Housing Mediation Program for services (currently Goleta and Carpinteria). Members must represent one of the following categories:
 Landlord Mediator: owns or manages residential properties for consideration or compensation, whether single or multiple units.
 Tenant Mediator: must rent or lease a dwelling with no ownership of residential properties  Homeowner Mediator: must own and reside in a single-family residence with no ownership of other residential properties.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Applicant’s
Preference
(1st, 2nd, 3rd)
Notes
John Beardsmore
Kerry Bentz
Landlord (3)
Teresa Patino
Eric Grossman
Cindy McCann
Homeowner (1)
Robert Permut
Tenant (1)
16 SANTA BARBARA YOUTH COUNCIL
• Eight vacancies.
• Term Expirations:
 June 30, 2024 (Local Alternative, Community, or Continuation High School-2); and  June 30, 2023 (Public at large-1; and SBUSD Student-4) • Qualifications/Categories: Members must be between the ages of 13-19 years and may be from the City or County. Majority of members must be City residents. Members must represent the following:
 Nine members must be from students attending a Santa Barbara Union School District high school;  Two member must be a student attending a Local Private School or independent studies; and  Two member representing the Public at Large.
 Note: All applicants also fit the category of Public at Large.

Applicants must appear for an interview before the Santa Barbara Youth Council and City Council.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
SBUSD High School
(3)
Tiago Eckstein Also qualify for public at-large
Grace Hu Also qualify for public at-large
Anastasia Li Also qualify for public at-large
Heidi Noro Also qualify for public at-large
Clara Stump Also qualify for public at-large
Local Private High
School (1)
Emie Valle Also qualify for public at-large
Rio Valle Also qualify for public at-large
Public at-large (2)
Local alternative,
community, or
continuation high
schools (2)
17 SINGLE FAMILY DESIGN BOARD
 Three vacancies.
 Term Expirations: June 30, 2026 (Licensed Architect – 1; Professional Qualifications - 1); June 30, 2023 (Licensed Architect)
 Qualifications/Category: Members must be residents of the County of Santa Barbara.  Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Licensed Architect (2) Lauralee Anderson
Professional
qualifications (1)
18 TRANSPORTATION AND CIRCULATION COMMITTEE
 One vacancy.
 Term Expirations: December 31, 2024
 Qualifications/Category: 5 members must be qualified electors of the City. The remaining 2 may may be residents of the County of Santa Barbara.
 Appointees may not hold any full-time paid office or employment in City government.

CATEGORY
(Number of
Vacancies)

APPLICANT
Incumbent
Appt. Dates
(Years Served)
Notes
Larry Bickford
Amanda Cobb
Colin Gleason
Conrad Metzenberg
Sarah Siedschlag
Qualified elector (1)
Jonathan Ziegler
*qualified elector means a United Stated citizen 18 years of age or older