Agenda packet — Santa Barbara City Council, June 14, 2022 (part 1 of 2)

CITY OF SANTA BARBARA

CITY COUNCIL
Randy Rowse
Mayor
Rebecca Bjork
City Administrator
Meagan Harmon
Mayor Pro Tempore
Kristen W. Sneddon
Ordinance Committee Chair
Ariel Pierre Calonne
City Attorney
Eric Friedman
Finance Committee Chair
Alejandra Gutierrez
Oscar Gutierrez
Mike Jordan
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
JUNE 14, 2022, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.

Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.

REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. The keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.

HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
• Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_BHXU9bk1SWq0ntGHplRq0Q (Participation via Zoom)
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 948 7481 3299 (press *9 to raise/lower hand; press *6 to mute/unmute) • Online Streaming: Council meetings are streamed live at www.SantaBarbaraCA.gov/CAP • TV: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 9:00 a.m., and in Spanish on Sundays at 4:00 p.m.

Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings.

WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.

ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:30 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chambers at City Hall. (CONTINUED ON NEXT PAGE)
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.

CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.

SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.

INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.

AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 06/14/2022 Santa Barbara City Council Final Agenda Page 1 JUNE 14, 2022 AGENDA
SPECIAL FINANCE COMMITTEE MEETING - 11:00 A.M. IN THE DAVID GEBHARD PUBLIC MEETING ROOM, 630 GARDEN STREET (120.03)
Subject: Fiscal Sustainability Initiative (120.03)
Recommendation: That Finance Committee:

A. Hear a report from staff regarding the fiscal challenges facing the City; B. Hear a report from staff regarding the purpose, scope, and timeline of the Fiscal Sustainability Initiative that will assess potential revenue measures and operational efficiencies; and
C. Provide direction to staff regarding the Fiscal Sustainability Initiative and additional topics the Committee wishes to include in their review. 06/14/2022 Santa Barbara City Council Final Agenda Page 2 REGULAR CITY COUNCIL MEETING – 2:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CHANGES TO THE AGENDA

PUBLIC COMMENT

CONSENT CALENDAR

1. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of May 24, 2022 and the special meetings of May 17, 2022; May 23, 2022; May 24, 2022; and May 25, 2022.

2. Subject: Adoption Of Ordinance Approving The 2022-2024 General Unit Memorandum Of Understanding (440.02)
Recommendation: Ratify the Memorandum of Understanding between the City and the Service Employees’ International Union, Local 620, Santa Barbara City Employees’ Association (General Unit) for the period of April 1, 2022 through March 31, 2024, by adoption of, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2022-2024 Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara City Employees’ Association (General Unit) and Providing For Compensation Changes for Confidential Employees.

3. Subject: Introduction Of An Ordinance Amending Zoning Requirements Relating To Emergency Service Antennas (640.09)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Sections 30.185.410 and 30.300.010 Relating to Telecommunication Facilities and Antennas.

4. Subject: Introduction Of An Ordinance Amending Title 6 Of The Municipal Code Pertaining To Animal Control (520.05)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Title 6 Relating to Animal Control. 06/14/2022 Santa Barbara City Council Final Agenda Page 3

5. Subject: Introduction Of Ordinance Delegating Authority For The Execution Of Santa Barbara Clean Energy Contracts (630.06)
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.

6. 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 (530.05) 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.

7. 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 (530.05)
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. 06/14/2022 Santa Barbara City Council Final Agenda Page 4

8. 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 (530.04)
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.

9. Subject: Creek Inventory And Assessment Study Update (540.14) 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.

10. Subject: Authorize A Marketing Agreement With OhmConnect For Collaboration On A Demand Response Incentive Program Offered By Santa Barbara Clean Energy (630.06)
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.

11. Subject: Reschedule A Date For Public Hearing Regarding Single Family Design Board’s Project Design Approval For 691 Hope Ave Recommendation: The public hearing previously scheduled for June 14, 2022 and the site visit scheduled for June 13, 2022 regarding the appeal of the Sinlge Family Design Board’s March 28, 2022 decision to grant Project Design Approval of 691 Hope Ave has been continued to a public hearing on July 26, 2022 and a site visit on July 25, 2022 pursuant to an agreement by the parties. 06/14/2022 Santa Barbara City Council Final Agenda Page 5

CONSENT PUBLIC HEARING

12. Subject: Public Hearing On Proposed Changes To Water And Wastewater Capacity Charges (540.01)
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.

This concludes the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

13. Subject: Public Hearing On Proposed Changes To Wastewater Rates (540.13) 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. 06/14/2022 Santa Barbara City Council Final Agenda Page 6

SUSTAINABILITY AND RESILIENCE

14. Subject: Public Hearing On Proposed Changes To Solid Waste Rates (630.01)
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.

MAYOR AND COUNCIL REPORTS

15. Subject: Interviews For City Advisory Groups (140.05) Recommendation: That Council hold interviews of applicants to various City Advisory Groups. (Estimated time 6:00 p.m.)

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

SPECIAL FINANCE COMMITTEE MEETING

MEETING AGENDA
DATE: June 14, 2022 Eric Friedman, Chair
TIME: 11:00 AM Alejandra Gutierrez
PLACE: David Gebhard Public Meeting Room Meagan Harmon
630 Garden Street
Rebecca Bjork Keith DeMartini
City Administrator Finance Director
Members of the public may participate in person or via Zoom. Zoom instructions are below.  Web: (Participation via Zoom)
Register in advance for this webinar:
https://santabarbaraca-gov.zoom.us/webinar/register/WN_29Z4z2QzQFm27RVllB7OpA Webinar ID: 838 4935 2460
Passcode: 046239
After registering, you will receive a confirmation email containing information about joining the webinar.
 Telephone: Dial 1-669-900-6833, Enter Webinar ID: 838 4935 2460 (press *9 to raise/lower hand; press *6 to mute/unmute) REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. They keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.

For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Finance Department by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating the item on which they wish to speak.

ITEM FOR CONSIDERATION:

Subject: Fiscal Sustainability Initiative
Recommendation: That Finance Committee:

A. Hear a report from staff regarding the fiscal challenges facing the City; File Code No. 120.03
B. Hear a report from staff regarding the purpose, scope, and timeline of the Fiscal Sustainability Initiative that will assess potential revenue measures and operational efficiencies; and
C. Provide direction to staff regarding the Fiscal Sustainability Initiative and additional topics the Committee wishes to include in their review.

CITY OF SANTA BARBARA

FINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Finance Committee
FROM: Administration Division, Finance Department
SUBJECT: Fiscal Sustainability Initiative
RECOMMENDATION: That Finance Committee:

DISCUSSION:

Budgetary and Fiscal Challenges
The City Council of the City of Santa Barbara is scheduled to adopt the Fiscal Year (FY) 2023 operating and capital budget at the regularly scheduled City Council meeting on June 21, 2022.

Many of the City’s revenue sources, including sales tax, transient occupancy tax (TOT), downtown parking fees and departmental permits, and other revenues, were significantly impacted due to reduced economic activity directly related to COVID. Since COVID began, it is estimated that the City lost more than $30 Million from all revenue sources.

This immediate and deep loss of revenue required budget balancing action including requiring departments to meet expenditure reduction targets in FY2021, FY2022, and FY2023. More than $13 Million of expenditure reductions were budgeted and planned during these three years. Departments proposed many ways to achieve these reductions, most notably by holding staff positions vacant in order to achieve salary and fringe benefit savings.

Many projects and initiatives were reduced or delayed. Some service level impacts were felt File Code No. 120.03
Finance Committee Agenda Report
Fiscal Sustainability Initiative
June 14, 2022

Page 2 ends

by the community; however, staff prioritized minimizing those impacts in order to continue to meet existing service levels wherever possible.

The other budget balancing tool used during these challenging budget years was to utilize General Fund and other fund reserves. City Council resolution 12-066, approved on October 3, 2012, set the reserve policy targets for the General Fund and major enterprise funds. For the General Fund, a 10% contingency reserve and a 15% disaster reserve requirement is set for a total reserve of 25% of annual operating expenditures. Enterprise funds have a similar requirement with additional reserves required for capital projects. During COVID, the City has required the use of reserves in the General Fund and Downtown Parking Fund, most notably. The importance of these reserves became even more apparent over the past three years as they were utilized to minimize any additional service disruption and also achieve a level of fiscal sustainability that allows the City to address unknown events that may occur.

The City will grapple with other fiscal and budgetary challenges in the coming years as well, the most notable include the following:
 The continued economic uncertainty and potential of a recession and the revenue impacts to the City that may follow;
 The City is negotiating with multiple bargaining units at this time. The City will need to address labor challenges from rising inflation and cost of living in the region, rising healthcare and pension costs and employee retention and recruitment issues;  Pension costs, including the City’s unfunded actuarial liability (UAL) continue to rise beyond any normal growth experienced in the City’s most stable revenue sources, including property tax;
 Recent inflation impacts that are likely to continue into FY2023 and potentially beyond will impact operating budgets by making service delivery more expensive;  The City’s Self Insurance Fund (SIF) has a reserve of $8 Million, which is $10 Million below the actuarial recommended level. The commitment made by the Finance Committee will require additional allocations into the SIF over the next nine years, which will result in additional costs to all operating departments; and  The City has many deferred maintenance and capital improvement projects that are planned in FY2023 and the following fiscal years; however, there are many projects that are partially funded or not funded at all.

Initiative Overview
In order to address these fiscal challenges in the long-term, staff are initiating a Fiscal Sustainability initiative to develop recommendations and solutions to ensure the City continues to meet the needs of the Santa Barbara community now and for many years to come. The objectives of this initiative are to identify and assess options that will increase revenues, create efficiencies, eliminate redundancies, and make continual process improvements that may ultimately reduce costs.

The following two staff working groups have been established to focus on this initiative:

Finance Committee Agenda Report
Fiscal Sustainability Initiative
June 14, 2022

Page 3 ends

 Revenue Options: Develop a revenue management strategy and a fee setting policy, assess revenue options for potential ballot measures, and consider Councilapproved fee changes.  Operational & Process Efficiencies: Assess organizational processes, performance and technologies, revise policies and municipal code, prioritization of city services, and identifying expenditure reductions.

The working groups will evaluate many criteria when assessing options that include legal requirements, feasibility of implementation, City Council and/or voter approval, revenue volatility, staff resources to implement, political considerations, labor considerations, technology requirements, and barriers to implementation.

In order to provide context and background for options and recommendations that may be considered, multiple city departments will be providing informational presentations to the Finance Committee that will provide information about how their programs and services are funded, different levels of service that can be provided, which priorities are fully funded, and which ones aren’t legally mandated versus discretionary functions, opportunities for process streamlining, and what services are being provided that other agencies or entities may be better positioned to provide, among other topics.

Initiative Timeline
The Community Development, Parks & Recreation, and Library departments are scheduled to provide information presentations to the Finance Committee between July and September 2022. During that time, the working groups will be meeting to begin developing a draft list of options for the Finance Committee to consider, and that report is scheduled to be presented in late September. Final recommendations should be developed in November and presented to the City Council in December 2022. A final list of recommendations is scheduled to be developed by February 2023 so that the budgetary impacts of these changes can be incorporated into the City Administrator’s financial plan for FY2024-2025 and operating and capital budget for FY2024.

BUDGET/FINANCIAL INFORMATION:

No direct costs are associated with initiating this work at this time. There may be direct costs associated with communications, polling and other consulting services that may be required depending on the level of review, and expenditure appropriation requests may be considered for Council approval at a later time. Staff anticipate a negligible amount of indirect costs associated with staff that will be directed to focus their time and efforts on the two working groups, department presentations, and other efforts. Staff will ensure any service level impacts are minimized during this process.

Any revenue generating and expenditure reducing options will be presented to the Finance Committee and City Council. Those recommendations that are ultimately approved will be budgeted in the FY2024 operating and capital budget, and future budgets to come.

Finance Committee Agenda Report
Fiscal Sustainability Initiative
June 14, 2022

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PREPARED BY: Keith DeMartini, Finance Director
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
05/24/2022 Santa Barbara City Council Minutes Page 1 of 8

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
MAY 24, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:01 p.m. (The Finance Committee and Ordinance Committee, which ordinarily meet at 12:00 p.m., did not meet today.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

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

Councilmembers absent: None.

Staff present: City Administrator Rebecca Bjork, City Attorney Ariel Calonne, Deputy City Clerk Naomi Kovacs.

CHANGES TO THE AGENDA
There were no changes to the agenda.

CLOSED SESSION REPORT
Litigation Report Out:

In a 12:00 p.m. special meeting, the City Council conducted a closed session to consider whether to initiate litigation.

On a motion by Council Member Jordan, seconded by Council Member Friedman, the Council voted 6-0, with Council Member Alejandra Gutierrez absent, to initiate litigation to quiet title to a sewer easement on or about 444 Las Alturas Road.

PUBLIC COMMENT
Agenda Item No. 1
05/24/2022 Santa Barbara City Council Minutes Page 2 of 8 Members of the public: EddieTaylor, Lyiam Galo, Nick Koonce.

CONSENT CALENDAR (Item Nos. 1 – 11)
The titles of the Ordinances and Resolutions were read.

Speakers:
- Members of the Public: Jed Hazard.

Motion:

Councilmembers Friedman / A. Gutierrez to approve the Consent Calendar as recommended.

Vote:

Unanimous roll call vote.

1. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meetings of February 2, 2021, February 9, 2021, and May 3, 2022, and the special meetings of May 2, 2022, May 3, 2022, May 5, 2022, and May 6, 2022.

Action: Approved the recommendation.

2. Subject: Introduction Of An Ordinance Establishing Speed Limits (530.05) Recommendation: That Council introduce and subsequently adopt, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Amending Section 10.60.015 of the Santa Barbara Municipal Code Establishing Prima Facie Speed Limits on Certain Portions of Anapamu Street, De La Guerra Street, Garden Street, Las Positas Road, and Modoc Road.

Action: Approved the recommendation (May 24, 2022, Council Agenda Report and any attachments).

3. Subject: Introduction Of Ordinance To Amend Municipal Code Section

10.60.030 To Change The One-Way Designation On The 400 Block Of Anacapa Street (530.05)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Section 10.60.030 to Change the One-Way Designation on the 400 Block of Anacapa Street.

Action: Approved the recommendation (May 24, 2022, Council Agenda Report and any attachments).
05/24/2022 Santa Barbara City Council Minutes Page 3 of 8

4. Subject: Adoption Of Resolution Accepting Grant Funding For Library To Launch New Teen Internship Program (610.04)
Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, for $100,000; and
B. Accept the California State Library grant; and
C. Approve an increase in revenue and expenditure appropriations in the Library’s Miscellaneous Grants Fund in the amount of $100,000, funded by the California State Library to launch new library internship program.

Action: Approved the recommendation (Resolution No. 22-041; May 24, 2022, Council Agenda Report and any attachments).

5. Subject: Adoption Of Resolution Authorizing The Execution And Delivery Of An Equipment Schedule For Two Fire Apparatus (330.05)
Recommendation: That Council:

A. Approve a best interest waiver under Santa Barbara Municipal Code §

4.52.070 for one Pierce Manufacturing Inc., 1500 Gallon Fire Apparatus for the price of $874,979;
B. Approve a best interest waiver under Santa Barbara Municipal Code §

4.52.070 for one Pierce Manufacturing Inc., Pierce-Arrow 107’ Ascendant Aerial Fire Apparatus for the price of $1,620,797; and
C. Adopt by reading of title only, A Resolution Of The Council Of The City Of Santa Barbara Authorizing The Execution And Delivery Of An Equipment Schedule To The Master Equipment Lease/Purchase Agreement For The Acquisition, Financing And Leasing Of Certain Equipment For The Public Benefit Within The Terms Provided Herein; Authorizing The Execution And Delivery Of Other Documents Required In Connection Therewith; And Authorizing The Taking Of All Other Actions Necessary To The Consummation Of The Transactions Contemplated By This Resolution.

Action: Approved the recommendation (Resolution No. 22-042; Agreement No. 28-126.1; May 24, 2022, Council Agenda Report and any attachments).

6. Subject: Contract For Preliminary Engineering, Environmental, And Survey Services For The Lower Eastside Community Connectivity Active Transportation Plan (670.09)
05/24/2022 Santa Barbara City Council Minutes Page 4 of 8 Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with Quincy Engineering, Inc., in the amount of $298,917 for preliminary engineering, environmental, and survey services for the Lower Eastside Community Connectivity Active Transportation Plan.

Action: Approved the recommendation (Agreement No. 28,121; May 24, 2022, Council Agenda Report and any attachments).

7. Subject: Agreement Between The Library Department And Family Service Agency Of Santa Barbara For Support Services And Outreach To Individuals Experiencing Homelessness (610.04)
Recommendation: That Council authorize the Library Director to execute a City Professional Services Agreement in the amount of $134,938 with the Family Service Agency of Santa Barbara to provide support services and outreach to individuals experiencing homelessness through a contracted position that would work in collaboration with Library staff through June 30, 2023.

Speakers:
- Staff: Jessica Cadiente, Library Director
Action: Approved the recommendation (Agreement No. 28,122; May 24, 2022, Council Agenda Report and any attachments).

8. Subject: Memorandum Of Understanding With CommUnify For The South Coast Youth Safety Partnership (570.06)
Recommendation: That Council authorize the City Administrator to execute a Memorandum of Understanding with CommUnify related to the City’s participation in the South Coast Task Force on Youth Safety.

Action: Approved the recommendation (Agreement No. 28,123; May 24, 2022, Council Agenda Report and any attachments).

9. Subject: Increase In Professional Services Agreement No. 26,871 With Data Ticket, Inc. For Electronic Parking Citation Services (550.01) Recommendation: That Council authorize the increase of the Professional Services Agreement No. 26,871 with Data Ticket Inc., by $240,000 for electronic parking citation services for the next two fiscal years. This amendment will bring the total value of the three-year agreement to $725,000.

Action: Approved the recommendation (Agreement No. 26,871.1; May 24, 2022, Council Agenda Report and any attachments).
05/24/2022 Santa Barbara City Council Minutes Page 5 of 8

10. Subject: Personal Services Agreement With Lobster Jo’s Beach Camp, A California Corporation, For Provision Of Fiscal Year 2022 And Fiscal Year 2023 Youth Beach Camps (570.06)
Recommendation: That Council authorize the Parks and Recreation Director to execute a personal services agreement with Lobster Jo’s Beach Camp, a California Corporation, for the provision of Fiscal Year 2022 and Fiscal Year 2023 Youth Beach Camps, with compensation equal to 90% of the total basic fees collected and the total compensation estimated at $116,244 based on the projected number of participants.

Action: Approved the recommendation (Agreement No. 28,124; May 24, 2022, Council Agenda Report and any attachments).

11. Subject: 2022 Bicycle Master Plan Update And Addendum (670.04) Recommendation: That Council receive an update on the 2016 Bicycle Master Plan (BMP) implementation effort and approve an addendum to the BMP that includes updated maps showing existing, funded, and proposed bike facilities since BMP adoption; and find the map updates consistent with the City’s Circulation Element, Bicycle Master Plan and Vision Zero Strategy.

Action: Received recommended update (May 24, 2022, Council Agenda Report and any attachments).

This concluded the Consent Calendar.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC HEARINGS

QUASI-JUDICIAL HEARING RULES APPLY TO THE FOLLOWING AGENDA ITEM

12. Subject: Appeal Of The Single Family Design Board’s Approval Of Development At 1460 La Cima Road (640.07)
Recommendation: That Council consider the appeal of Beth Collins, on behalf of Scott and Katrina McCosker, of the Single Family Design Board’s approval of development associated with an existing single-family residence at 1460 La Cima Road.

Public Hearing opened: 2:24 p.m.

The City Attorney advised that the City Council is limited to the record of proceedings pursuant to SBMC section 22.69.080 C. which provides:
05/24/2022 Santa Barbara City Council Minutes Page 6 of 8 C. LIMITS ON NEW EVIDENCE. The City Council will decide the appeal in the exercise of its independent judgment based upon the record of the proceedings of the Single Family Design Board. New evidence will not be considered unless the City Council determines that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Single Family Design Board.

Ex parte disclosures:
- Councilmember Jordan disclosed that he met with both the appellant and applicant and received their input.

Documents:
- May 24, 2022 Council Agenda Report and attachments
- PowerPoint presentation prepared and made by staff
- PowerPoint presentation prepared and presented by Attorney Beth Collins on behalf of appellants Scott and Katrina McCosker
Speakers:
- Staff: Assistant Planner Pilar Plumber, City Planner Renee Brooke, Community Development Director Elias Isaacson, Administrative Analyst Ellen Kokinda.
- Single Family Design Board: Vice Chair Leslie Colasse. - Appellants: Attorney Beth Collins of Brownstein Hyatt Farber Schreck representing Scott and Katrina McCosker.
- Applicants: Architect Warner Young representing Chris and Roberta Tracy. - Members of the Public: None.

Discussion:
- Councilmembers’ questions were answered.

Public Hearing closed: 3:48 p.m.

Motion:

Councilmembers Jordan/Friedman to uphold the SFDB’s approval, deny the appeal, and adopt the findings made by the SFDB, which are: Neighborhood Preservation Findings: 1. Consistency and Appearance. The proposed development is consistent with the scenic character of the City and will enhance the appearance of the neighborhood; 2. Compatibility. The proposed development is compatible with the neighborhood, and its size, bulk, and scale are appropriate to the site and neighborhood; 3. Quality Architecture and Materials. The proposed buildings and structures are designed with quality architectural details. The proposed materials and colors maintain the natural appearance of the ridgeline or hillside; 4. Trees. The proposed project does not include the removal of or significantly impact any designated Specimen Tree, Historic Tree or Landmark Tree. The proposed project, to the maximum extent feasible, preserves and protects healthy, non-invasive trees with a trunk diameter of four inches or more measured four feet above natural grade. If the project includes the removal of any healthy, non-invasive tree with a diameter of four inches or more measured four 05/24/2022 Santa Barbara City Council Minutes Page 7 of 8 feet above natural grade, the project includes a plan to mitigate the impact of such removal by planting replacement trees in accordance with applicable tree replacement ratios.; 5. Health, Safety, and Welfare. The public health, safety, and welfare are appropriately protected and preserved; 6. Good Neighbor Guidelines.

The project generally complies with the Good Neighbor Guidelines regarding privacy, landscaping, noise and lighting; and 7. Public Views. The development, including proposed structures and grading, preserves significant public scenic views of and from the hillside; Hillside District and Sloped Lot Findings: 1. Natural Topography Protection. The development, including the proposed structures and grading, is appropriate to the site, is designed to avoid visible scarring, and does not significantly modify the natural topography of the site or the natural appearance of any ridgeline or hillside; and 2. Building Scale. The development maintains a scale and form that blends with the hillside by minimizing the visual appearance of structures and the overall height of structures.

Vote:

Majority roll call vote. (Noes: Councilmembers A. Gutierrez and Sneddon.) RECESS
3:50 p.m. – 4:03 p.m.

MAYOR AND COUNCIL REPORTS

13. Subject: Interviews For City Advisory Groups (140.05) Recommendation: That Council:

A. Hold interviews of applicants to various City Advisory Groups (Est. time 4:00 p.m.); and
B. Continue interviews of applicants to June 7, 2022 (Est. time 4:00 p.m.) and June 14, 2022 (Est. time 6:00 p.m.).

Applicant Speakers: Committee:

Claudia Schou Arts Advisory Committee
Elizabeth Sorgman Building and Fire Code Board of Appeals Eric Grossman Citizens Oversight Committee, Rental Housing Board, and Community Development and
Human Services Committee
Francis (Frank) Peters Citizens Oversight Committee
Robert (Bob) Permut Community Development and Human Services Committee, Living Wage Advisory Committee,
and Rental Housing Mediation Board
05/24/2022 Santa Barbara City Council Minutes Page 8 of 8 Marcus Chevitarese Fire and Police Commission
Lucille Boss Housing Authority Commission
John Beardsmore Rental Housing Mediation Board
Cindy McCann Rental Housing Mediation Board
Larry Bickford Transportation and Circulation Committee

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance or made the following comment(s): 1. Parc Foundation; 2. Retirement reception for Peter Brown and Steve Amerikaner.

Councilmember Sneddon reported on their attendance or made the following comment(s): 1. COMB Meeting; SBCC Foundation Gala.

Mayor Rowse reported on their attendance or made the following comment(s): 1. Price Postel & Parma event; 2. Brownstein event for Peter Brown and Steve Amerikaner’s retirement; 3. Habitat for Humanity’s gala event.

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Rowse adjourned the meeting at 4:50 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on June 14, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/17/2022 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MAY 17, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:03 a.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez (11:05 a.m.), Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: Alejandra Gutierrez.

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

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION

1. Subject: Conference With Real Property Negotiators (160.03) Recommendation: That Council hold a closed session pursuant to Government Code Section 54956.8 to consider price and terms of payment for the acquisition of real property or interests in real property for the De La Vina Bridge Replacement Project.

Real Property: 2733 – 2735 De La Vina Street (APN 051-213-020) 05/17/2022 Santa Barbara City Council Minutes Page 2 of 3 City Negotiators: David Thornburgh, Sr. Real Property Agent; Cathy Springford, Hamner & Jewell; Dan Hentschke, Assistant City Attorney Negotiating 2735 De La Vina St., LLC – owner
Party: Glen Block, Attorney
Under Negotiation: Price and terms of property acquisition Real Property: 2726 – 2728 De La Vina Street (APN 051-220-015) City Negotiators: David Thornburgh, Sr. Real Property Agent; Cathy Springford, Hamner & Jewell; Dan Hentschke, Assistant City Attorney Negotiating Cynthia D. Howard, Trustee of the Cynthia Dee Howard Trust, Party: Spencer Eliassen Drew 2002 Trust, Jackson Sproul 2002 Trust, and Elizabeth Arwyn Drew 2003 Trust – co-owners
Glen Block, Attorney
Under Negotiation: Price and terms of property acquisition SCHEDULING: Duration, 30 mins; anytime
REPORT: None anticipated
Document:
- May 17, 2022, report from the City Attorney.

Time:
- 11:05 a.m. – 11:25 a.m.

No report made.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:25 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on June 14, 2022.
05/17/2022 Santa Barbara City Council Minutes Page 3 of 3

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/23/2022 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES
SPECIAL MEETING – SITE VISIT
MAY 23, 2022
1460 LA CIMA ROAD

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 1:37 p.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Mike Jordan, Mayor Rowse.

Councilmembers absent: Alejandra Gutierrez, Meagan Harmon, Kristen W. Sneddon.

Staff present: City Administrator Rebecca Bjork, City Attorney Ariel Calonne, Assistant Planner Pilar Plumber, Administrative Analyst Ellen Kokinda.

SITE VISIT
Subject: 1460 La Cima Road (640.07)
Recommendation: That Council make a site visit to the property located at 1460 La Cima Road; the property on that site is the subject of an appeal set for hearing on May 24, 2022.

Discussion:
- Councilmembers discussed view impacts and their questions were answered.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 1:55 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on June 14, 2022.
05/23/2022 Santa Barbara City Council Minutes Page 2 of 2

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/24/2022 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MAY 24, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 12:01 p.m. and recessed to closed session at 12:03pm.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez (12:10 p.m.), Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: Alejandra Gutierrez.

Staff present: City Administrator Rebecca Bjork, City Attorney Ariel Calonne, Deputy City Clerk Naomi Kovacs.

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION

1. Subject: Conference With Labor Negotiators (440.05)
Recommendation: That Council hold a closed session pursuant to Government Code Section 54957.6 to consider instructions to designated City representatives Wendy Levy, Human Resources Director, Sam Ramirez, Administrative Analyst III, Keith DeMartini, Finance Director, and John Doimas, Assistant City Attorney, regarding negotiations with Santa Barbara City Employees’ Association (General Bargaining Unit) Local 620 Service Employees’ International Union, Service Employees’ International Union, Local 620, Treatment and Patrol Bargaining Units, Fire Management Association, Santa Barbara City Firefighters Association, Police 05/24/2022 Santa Barbara City Council Minutes Page 2 of 3 Officers Association, Santa Barbara City Supervisory Employees, and Unrepresented Management and Confidential Employees.

Scheduling: Duration, 40 Minutes; anytime
Report: None anticipated
Document:
- May 24, 2022, Report from the City Administrator
Time:
- 12:03 p.m. – 12:16 p.m.

No report made.

2. Subject: Conference With City Attorney -- Anticipated Litigation -- Gov. Code §54956.9(d)(4): Initiation Of Litigation On One Matter (160.03) Recommendation: That Council hold a closed session to consider initiating litigation pursuant to subsection (d)(4) of Section 54956.9 of the Government Code and take appropriate action as needed (one potential case).

Scheduling: Duration, 15 minutes; anytime
Report: None anticipated
Document:
- May 24, 2022, Report from the City Attorney
Time:
- 12:18 p.m. – 12:37 p.m.

No report made.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 12:37 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on June 14, 2022.
05/24/2022 Santa Barbara City Council Minutes Page 3 of 3

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
05/25/2022 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
MAY 25, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET;
320-A WEST ORTEGA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 9:00 a.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez (9:10 a.m.), Meagan Harmon participated electronically from 320-A West Ortega Street, Mike Jordan, Kristen W.

Sneddon, Mayor Rowse.

Councilmembers absent: Alejandra Gutierrez.

Staff present: City Administrator Rebecca Bjork, City Attorney Ariel Calonne, Deputy City Clerk Naomi Kovacs.

PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC HEARINGS
Subject: Fiscal Year 2023 Recommended Operating And Capital Budget (230.05)
Recommendation: That Council hear a presentation from the Public Works Department and the General Fund / Measure C Capital Program regarding their Fiscal Year 2023 Recommended Budget.

Public Hearing opened: 9:02 a.m.
05/25/2022 Santa Barbara City Council Minutes Page 2 of 3 Documents:
- May 25, 2022, Council Agenda Report and attachment from the Public Works Department and the General Fund / Measure C Capital Program. - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Public Works Director Cliff Maurer, Business Manager Michael Pease, Interim City Engineer Ashleigh Shue, Streets Operations & Infrastructure Manager Jim Dewey, Jessica Grant, Parking Supervisor Sarah Clark, Facilities Manager Angela Oslund, Water Resources Manager Joshua Haggmark, City Administrator Rebecca Bjork.
- Members of the Public: Downtown Organization Executive Director Robin Elander.

Staff presentation:
- Discussion topics included a department overview, pandemic resiliency efforts, personnel turnover and staffing, new Public Works Downtown Division (prior:

Transportation Planning and Parking Division), merger of Fleets and Facilities Divisions, and an overview of each division within the department (Administration, Engineering, Streets Operations and Infrastructure, Streets Operations, Downtown (Downtown Parking, Transportation Planning), Transportation Planning, Facilities Management, Fleet Management, Water Resources) and General Fund and Measure C Capital, including revenue, expenditures, revenue loss, service level impacts FY23, proposed revenue and expenditures, staffing and position changes, programs and program highlights, projects, proposed fees and rates, and five-year plans.

Discussion:
- Discussion topics included sidewalk repairs, bicycle storage, State Street cleanliness, Business Improvement Districts, Active Transportation grants and Cliff Drive project and Cycle 5 vs Cycle 6 matching funds, fees for downtown dining and status of parklets on the road including ADA access issues, projected reserves and proposed fee increase for downtown parking, parking rates and permit programs, schedule for re-opening of the Los Patos/Highway 101 on- and offramp, process for handling stop sign requests from community members, speed cameras, challenges related to recruitment and retention of engineers, staffing shortages, re-establishing a waterfront shuttle and potential State Street transportation service opportunities, Measure C priorities, police station funding, streets maintenance funding, live theaters exclusion from parking assessment and potential change to this, State Street promenade maintenance/cleaning and hours of Ambassadors’ presence, graffiti service and possibility of community members being able to utilize this service for a fee at full cost recovery, traffic signals/lead pedestrian intervals (LPI), Louise Lowry Davis Center parking, downtown parking reserves and ARPA backfill, reinstatement of sidewalk dining fees, Police/Fire/Public Works radio communications cost and what is included in this program, staff retention and salaries. Councilmembers’ questions were answered and staff direction was provided.
05/25/2022 Santa Barbara City Council Minutes Page 3 of 3 Public Hearing closed: 11:30 a.m.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:30 a.m. in recognition of the tragedy that occurred in Texas.

Approved and adopted by the City Council of the City of Santa Barbara on June 14, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
ORDINANCE NO. _______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA BARBARA ADOPTING THE 2022-2024 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

SANTA BARBARA AND THE SANTA BARBARA CITY EMPLOYEES' ASSOCIATION (GENERAL UNIT) AND PROVIDING FOR COMPENSATION CHANGES FOR CONFIDENTIAL EMPLOYEES.

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

SECTION 1. The Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara City Employees' Association, Local 620, Service Employees' International Union, effective April 1, 2022 and attached hereto and incorporated herein by reference as Exhibit "A" (hereinafter the “MOU”) is hereby adopted.

SECTION 2. The City Administrator is authorized to provide the same salary and benefit increases provided in the M.O.U. to unrepresented confidential employees.

SECTION 3. During the term of the M.O.U., the City Administrator is hereby authorized to implement the terms contained therein without further action by the City Council, unless such further action is explicitly required by state or federal law. This authorization shall include, but not be limited to, the authority to implement employee salary increases and changes to the salary schedule(s) that were adopted with the annual budget.

Agenda Item No. 2
File Code No. 440.02
2022-2024

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SANTA BARBARA

AND THE
SANTA BARBARA CITY EMPLOYEES' ASSOCIATION, LOCAL 620

SERVICE EMPLOYEES' INTERNATIONAL UNION
THIS AMENDED AGREEMENT IS ENTERED INTO AS OF ___________ BETWEEN THE CITY OF SANTA BARBARA, HEREINAFTER REFERRED TO AS THE "CITY", AND THE SANTA BARBARA CITY EMPLOYEES' ASSOCIATION, LOCAL 620, SERVICE EMPLOYEES' INTERNATIONAL UNION, HEREINAFTER REFERRED TO AS "THE UNION".

Pursuant to Section 3.12 of the Municipal Code of the City of Santa Barbara and Section 3500 et. seq. of the Government Code, the duly authorized representatives of the City and the Union, having met and conferred in good faith concerning the issue of wages, hours, and terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.

FOR THE CITY: FOR THE UNION:

Wendy Levy, Human Resources Director
_______________________________________
Stanley Macias, Painter
Sam Ramirez, Administrative Analyst III
_______________________________________
Brad Klein, Sr. Maintenance Worker
________________________________
Keith DeMartini, Finance Director
________________________________________
Aundray Richey, Senior Streets Maintenance
Worker
________________________________
John Doimas, Assistant City Attorney
________________________________________
Zac Smith, Web Services Tech
________________________________
Kristina Hernandez, Library Services Manager
_________________________________________
Bryan Latchford, Environmental Services Specialist
________________________________
Joshua Haggmark, Water Resources Manager Dana Hoffenberg, Recreation Coordinator ________________________________
Megan Wilson, Human Resources Analyst II
____________________________________
Laura Robinson, Field Representative SEIU Local 620
Exhibit A

TABLE OF CONTENTS
Alphabetical by Article Title

ARTICLE TITLE PAGE

1. BENEFITS – PERMANENT PART-TIME EMPLOYEES .................................................................1

2. BEREAVEMENT LEAVE .................................................................................................................1

3. BILINGUAL SKILLS.........................................................................................................................1

4. BULLETIN BOARDS........................................................................................................................2

5. CAFETERIA PLAN ..........................................................................................................................2

6. CATASTROPHIC LEAVE ................................................................................................................3

7. CLASS A DRIVER’S LICENSE FOR STREETS .............................................................................3

8. CITY RIGHTS AND EMPLOYEE RIGHTS ......................................................................................3

9. DEPENDENT CARE........................................................................................................................3

10. DISABILITY RETIREMENT .............................................................................................................3

11. DISCIPLINARY ACTION .................................................................................................................4

12. DISCOUNTS AND INCENTIVES.....................................................................................................4

13. DIVE SHIFT DIFFERENTIAL...........................................................................................................4

14. DOMESTIC PARTNERSHIP HEALTH BENEFITS..........................................................................4

15. DRESS CODES...............................................................................................................................5

16. DRUG AND ALCOHOL TESTING POLICIES .................................................................................5

17. ENGINEER PROFESSIONAL REGISTRATION PAY.....................................................................5

18. EQUAL EMPLOYMENT OPPORTUNITY........................................................................................5

19. FLEXIBLE STAFFING .....................................................................................................................6

20. GRIEVANCES/DISPUTES ..............................................................................................................6

21. HEALTH AND SAFETY ...................................................................................................................8

22. HEALTH INSURANCES (MEDICAL, DENTAL, VISION) ................................................................9

23. HOLIDAYS.....................................................................................................................................10

24. IMPLEMENTATION OF MOU........................................................................................................11

25. JOB ANNOUNCEMENT, TRANSFERS AND RULE OF 10 ..........................................................11

26. JURY/WITNESS DUTY .................................................................................................................12

27. LAYOFF POLICY...........................................................................................................................12

28. LEAVES OF ABSENCE AND BENEFITS DURING SUCH LEAVES ............................................13

29. LIFE INSURANCE .........................................................................................................................14

30. LONG-TERM DISABILITY .............................................................................................................14

31. MAINTENANCE OF BENEFITS ....................................................................................................14

32. MECHANICS' TOOLS....................................................................................................................14

33. MUNICIPAL CODE CHANGES .....................................................................................................15

34. NATURAL DISASTER ...................................................................................................................15

35. NO STRIKE OR LOCKOUT...........................................................................................................15

36. OVERTIME ....................................................................................................................................15

37. PAYROLL ......................................................................................................................................16

38. PERSONAL LEAVE.......................................................................................................................17

39. PERSONAL PROPERTY DAMAGE REIMBURSEMENT .............................................................17

40. PROBATIONARY PERIOD............................................................................................................18

41. PURPOSE .....................................................................................................................................18

42. RECOGNITION..............................................................................................................................18

43. REPRESENTATION - UNION OFFICERS AND REPRESENTATIVES........................................19

44. RETIREE MEDICAL INSURANCE CONTRIBUTION....................................................................19

45. RETIREMENT................................................................................................................................20

46. RETROACTIVITY ..........................................................................................................................21

47. SAFETY EQUIPMENT...................................................................................................................21

48. SALARIES & COMPENSATION ANALYSIS/SALARY SURVEY ..................................................21

49. SERVICE CREDIT FOR SICK LEAVE UPON RETIREMENT ......................................................22

50. SEVERABILITY .............................................................................................................................23

51. SHIFT DIFFERENTIAL ..................................................................................................................23

52. SICK LEAVE..................................................................................................................................23

53. STANDBY PAY..............................................................................................................................24

54. STATE DISABILITY INSURANCE (SDI) AND STATE PAID FAMILY LEAVE INSURANCE (PFL)........................................................................................................................24

55. SURVEILLANCE CAMERAS.........................................................................................................25

56. TERM OF AGREEMENT AND RENEWAL....................................................................................25

57. TRAINING......................................................................................................................................25

58. UNAUTHORIZED LEAVE..............................................................................................................26

59. UNIFORM MAINTENANCE ALLOWANCE ...................................................................................26

60. UNION BUSINESS ATTENDANCE...............................................................................................27

61. UNION NOTICE- EMPLOYEE ORIENTATION .............................................................................27

62. UNION SECURITY ........................................................................................................................27

63. UNION STEWARDS ......................................................................................................................27

64. USE OF COMPUTER RESOURCES ............................................................................................28

65. VACATION POLICY ......................................................................................................................28

66. VACATION & SICK LEAVE ADVANCED CREDIT UPON HIRE...................................................28

67. WAIVER.........................................................................................................................................29

68. WORK SCHEDULE .......................................................................................................................29

69. WORKERS' COMPENSATION......................................................................................................30

70. WORKING OUT OF CLASSIFICATION ........................................................................................31 APPENDIX A - Shift Differential Examples
APPENDIX B - Family Friendly Personnel Policies
APPENDIX C- City of Santa Barbara Drug and Alcohol Testing Policy For General Unit Employees APPENDIX D- 9/80 Work Schedule Policy
APPENDIX E- Agreement Regarding Parks Caretakers
APPENDIX F- Holiday Closure Plan
Memorandum of Understanding- General Bargaining Unit Page 1

1. BENEFITS – PERMANENT PART-TIME EMPLOYEES
a. Employees filling positions authorized by the City Council in the City’s official list of authorized positions at 20 hours or more per week on a less than full time basis shall receive benefits as follows:
i. Cafeteria plan contribution, medical contribution, dental contribution, vision contribution, holiday time, bilingual pay, and other benefits, equal to the percent of time regularly scheduled versus a regular work week rounded up to the nearest ten percent (10%), unless otherwise stipulated in this Agreement.
ii. Vacation and sick leave equal to the percent of time worked versus a regular work week.. b. Notwithstanding the above, the City may create one or more hybrid “part-time/seasonal” Recreation Program Leader positions with Cafeteria plan contribution, medical contribution, dental contribution, vision contribution, and holiday benefits pro-rated at the regular part-time (PPT) level. These positions may be required to flex-up to full-time during the summer season without a corresponding increase in benefits. (Example: Employee works 25 hours per week year-round, qualifying for 70% benefits, and can be required to work 40 hours for the summer season without a benefit increase from 70%). c. Employees already filling positions authorized by City Council in the official 2004-2005 Position and Salary Control Resolution at 20 hours or more per week on a less-than-full-time basis as of September 3, 2004 will continue to receive full-time health benefits (cafeteria plan contribution, medical contribution, dental contribution, vision contribution).

2. BEREAVEMENT LEAVE
a. The bereavement leave policy shall be up to forty hours leave with pay, prorated for part time employees, and shall include the following immediate family members: mother, father, brother, sister, spouse, child, grandparents by blood or marriage, grandchildren by blood or marriage, mother-in-law, fatherin-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, person standing in loco parentis (in place of the parents), and step family members. In addition to the immediate family members listed herein, an employee shall be eligible for bereavement leave with pay for his/her domestic partner and the domestic partner’s immediate family, as defined above. In order to receive this benefit, domestic partners must be registered with the City Clerk’s office or the Secretary of State.

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

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

Memorandum of Understanding- General Bargaining Unit Page 2 Any employee whose duty assignments require frequent and regular use of bilingual language skills in Spanish and in English with members of the public shall be designated by the Department Head in writing and said designation shall be approved by the Human Resources Manager, who shall test and certify the employees for language proficiency.

As used in this section, the phrase "regular and frequent" means at least several times in each working week. Designation of the bilingual language skill is restricted to the actual needs of the position. An employee's ability to read, write or speak Spanish occasionally or, incidental use of language skills in Spanish, or the use of bilingual skills other than for the purpose of meeting the requirements of the job shall not warrant a bilingual designation.
b. The City shall provide an updated list of designated employees at the Union's written request no more than once every six (6) months.
c. All employees designated for use of bilingual skills by their Department Head shall receive $100.00 per pay period.
d. The City may select employees to serve on the City’s Spanish language communication committee (“Cadre”). In addition to their regular bilingual pay, employees selected to serve on the Cadre will receive an additional $10.00 per hour when attending Cadre meetings and training, and when performing Cadre duties, as directed by the City Administrator or his/her designee. The City will have the sole discretion to determine qualifications and eligibility of Cadre members, which employees may serve on the Cadre, and how many hours such employees may devote to Cadre duties. e. Employees on the Cadre must establish to the satisfaction of the Human Resources Manager a highly complex level of professional oral and writing proficiency, as demonstrated by appropriate testing every other year. Employees on the Cadre who are not on approved leave are subject to after-hours callback to the Emergency Operations Center or other Cadre assignment during an emergency.” f.

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

Bulletin Board Locations
 City Hall  Police Department
 Main Library and Branches  Harbor Maintenance Shop
 Street Division  Parks Department
 Golf Course Maintenance  Water Resources Division-Yard  Public Works-Engineering  ICS-Garage
 Fire Dept. Station #1  Wastewater Treatment Plant
 Airport Maintenance Shop  Recreation Department Administration Building  Airport Administration Building  Community Development Other workstations may be added upon approval of the City by mutual agreement.

5. CAFETERIA PLAN
a. A flexible benefits plan known as a "125 Cafeteria Plan" and the "pre-tax advantage” provisions related to an employee's medical, dental, vision, psychological and supplemental life insurance premium contributions and flexible spending accounts within the meaning of Section 125(d) of the Internal Revenue Code shall be provided to employees. Each employee shall be eligible to allocate a discretionary amount of $362.38 per month.
b. If medical, dental, and vision insurance plan selections exceed the cafeteria plan allocation, the City Memorandum of Understanding- General Bargaining Unit Page 3 will pay the difference of these respective insurance premiums up to the amounts in the Medical Insurance, Dental Insurance and Vision Insurance sections of the Health Insurance article of this MOU; said excess premium payments cannot be applied to any other element of the cafeteria plan.

6. CATASTROPHIC LEAVE
Employees will be covered by the Citywide Catastrophic Leave Policy, dated September 22, 2016, and incorporated herein by reference. This policy allows employees to voluntarily donate eligible accrued time off to a coworker dealing with a catastrophic illness or injury to the coworker and/or his spouse, registered domestic partner, or child. Within 30 days of MOU ratification, City will conduct a Citywide survey to determine support for adding parents to the Catastrophic Leave Policy. The survey will request feedback on the possibility of adding parents to the policy, but only for employee-specific donations for parental catastrophic illness.

7. CLASS A DRIVER’S LICENSE FOR STREETS
Whereas the City will require streets maintenance classification at the level of Streets Maintenance Worker II and above to have a Class A driver’s license by July 1, 2019, it is agreed that:
 The City will provide on-duty driver training and reimburse employees for DMV fees related to getting the license.
 Newly hired or promoted employees will have 9 months to get such certification.  Existing employees will be grandfathered in their current classification and will not be required to get a Class A while they remain in that classification. .

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

Employees represented by the Union shall have the right to form, join, and participate in the activities of the Union for the purpose of representation on all matters of employee relations. The City shall not interfere with, intimidate, restrain, coerce, or discriminate against employees because of their exercise of these rights.

9. DEPENDENT CARE
The City will provide a pre-tax salary reduction plan for employee dependent care needs in accordance with Section 129 of the Internal Revenue Code.

10. DISABILITY RETIREMENT
a. An employee found either physically or mentally incompetent to perform his/her regular duties shall, if possible, be provided with the opportunity for transfer, promotion or demotion to a position for which he/she possesses the physical or mental competence, or other action pursuant to Federal or State law and/or City Charter.
b. An employee found not to be disabled within 90 days shall be reinstated with back pay and benefits Memorandum of Understanding- General Bargaining Unit Page 4 to the date such pay and benefits ceased.
c. An employee eligible to retire for disability shall be entitled to use sick leave benefits to extend the date the employee is first eligible to receive retirement benefits for up to a maximum of ninety (90) calendar days.

11. DISCIPLINARY ACTION
a. Depending on the nature of the behavior addressed, disciplinary action may include any of the following: oral reprimand, written reprimand, suspension without pay, demotion, or dismissal. b. Classified employees subject to disciplinary action may have rights to pre- or post- disciplinary procedural steps under Chapter 3.16 of the Santa Barbara Municipal Code. c. The City may provide the option of forfeiture of vacation time in lieu of taking other disciplinary action pursuant to Charter Section 1007 and enabling ordinances.

12. DISCOUNTS AND INCENTIVES
a. Bargaining unit members shall be eligible to participate in and shall receive any benefits provided by any established Citywide Alternative Transportation Program. b. Waterfront Department employees, and other employees regularly scheduled to work in the waterfront area, will be eligible to purchase an unlimited annual waterfront parking pass at the same rate as harbor slip holders. Beginning for calendar year 2014, the prior limited annual pass program was closed to new participants; thereafter, only employees who elected the limited pass in calendar year 2013 will be eligible for a limited pass. Waterfront employees who carpool (defined as 2 or more employees commuting to work together in a single vehicle) will be eligible for free carpool vehicle parking in designated spaces during working hours under terms similar to those offered to other City employees. c. The City will provide notice to new employees of employee discounts available for recreation programs and facility use. The Human Resources Division will also make such information available to employees on its internal website.

13. DIVE SHIFT DIFFERENTIAL
a. Waterfront maintenance employees who are authorized and agree to assignment(s) by the department to conduct underwater dive operations in the performance of maintenance-related duties, will be eligible for dive shift differential for each shift that the employee performs dive operations. b. Differential pay will be at an hourly rate equivalent to the graveyard shift differential. All time setting up dive equipment, performing safety checks, and donning and doffing dive gear (wetsuit, BCD, etc.) as authorized by management shall be considered dive operations on City paid time. c. Divers must comply with all dive certification and safety rules promulgated by the City. An employee scheduled to perform dive operations may choose not to dive at any time, by notifying the employee’s supervisor, if the employee has a concern that to do so would likely jeopardize the safety of themselves, a co-worker, or member of the public due to weather conditions or any other reason.

14. DOMESTIC PARTNERSHIP HEALTH BENEFITS
The City shall allow same sex and opposite sex domestic partners dependent coverage under the medical, dental, and vision plans. In order to receive this benefit, domestic partners must be registered with the City Memorandum of Understanding- General Bargaining Unit Page 5 Clerk’s office or the Secretary of State. The affected employee(s) shall be responsible for all tax consequences of this benefit.

15. DRESS CODES
It is agreed that employees recognize and will comply with standards of dress consistent with the positive representation of the City government through its employees and consistent with uniform requirements and safety policies established by the City. Failure to do so will result in an employee being directed to conform to the appropriate dress standard. The Department Head may issue written guidelines for dress that are consistent with the above standard for a work unit. Said guidelines will be given to new employees at the time of hire. The City will provide the Union with Department Dress Guidelines and, upon request, will meet and consult with Union over potential impacts to terms and conditions of employment.

16. DRUG AND ALCOHOL TESTING POLICIES
Employees with commercial driver’s licenses in “safety sensitive” positions are subject to the City of Santa Barbara Drug and Alcohol Testing Policy Pursuant to Department of Transportation Regulations.

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

17. ENGINEER PROFESSIONAL REGISTRATION PAY
a. When the Department Head assigns an employee in the classification of Project Engineer I or Project Engineer II in the Public Works Engineering Division to maintain the ability to assume responsible charge for sealing City design projects by using his/her professional registration, that employee shall receive an additional 5.0% of his/her base salary. The employee must maintain a current California registration to remain eligible for such pay.
b. With the written approval of the City Administrator, based on the needs of the City, the Department Head may also assign such responsibility, with corresponding registration pay, to either:
i. A Project Engineer I or Project Engineer II with current California registration as a professional engineer who is assigned to a Division other than the Engineering Division, or
ii. An employee in a classification other than Project Engineer I or Project Engineer II with current California registration as a professional engineer; iii. An employee who is not a registered engineer, but who is a licensed architect in California.
c. City agrees to provide the union a list of employees receiving such pay upon the unions’ request.

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

Memorandum of Understanding- General Bargaining Unit Page 6 c. Repeated discourteous treatment by any City employee of fellow coworkers may be reported to the supervisor or Human Resources. Such behavior, or retaliation against a coworker for reporting such behavior in good faith, may subject the employee to corrective action up to and including discipline. d. Complaints may also be made under the terms of the Workplace Security Policy contained in the City’s Injury and Illness Prevention Program (IIPP) or the Non-discrimination and Harassment Policy, as appropriate.

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

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

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

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

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

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

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

Step One
Any employee who has a grievance shall first try to get it settled through discussion with his/her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at Memorandum of Understanding- General Bargaining Unit Page 7 the lowest possible level of supervision.

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

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

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

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

Step Five
Request for Arbitration:

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

Selection of Arbitrator:

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

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

Arbitrator’s Authority:

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

Memorandum of Understanding- General Bargaining Unit Page 8 Submission Agreement/Questions Regarding Arbitrability:

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

Hearing Procedure:

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

Decision:

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

Costs:

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

An employee may appeal the response of the Assistant City Administrator. The employee's appeal shall be handled in accordance with the procedures beginning in step three above. f. Disputes or complaints regarding open competitive or promotional examinations for employment shall be processed in accordance with the policy adopted by the City Administrator. The City shall consult with the Union prior to adopting or amending such policy. g. Disputes or complaints regarding written performance appraisals shall first be discussed with the individual who made the appraisal. “Performance appraisal” includes a written Performance Improvement Plan (PIP). An employee dissatisfied with the appraiser's response may within 20 business days of the date of the meeting with the appraiser, discuss his/her complaint with the individual at the next higher level of supervision, whose decision shall be final. An employee may be represented by counsel or other individual during these discussions.

21. HEALTH AND SAFETY
a. The City and the Union agree to abide by all provisions of the California Plan approved in accordance with the provisions of the Federal Occupational Safety & Health Act of 1970, and any applicable legislation as may be passed by the State of California to implement that plan. The City recognizes that it is the duty of management to make every reasonable effort to provide and maintain a safe place of employment. The Union will cooperate by encouraging all employees to perform their work in a safe manner. It is the duty of all employees in the course of performing their duties to be alert to unsafe practices, equipment, and conditions and to report any such unsafe practices or conditions to their immediate supervisors. If such conditions cannot be satisfactorily remedied by the immediate supervisor, an employee Memorandum of Understanding- General Bargaining Unit Page 9 has the right to submit the matter either personally or through the Steward to his/her Department Head or his/her designated representative. On any matter of safety that is not resolved, consultation will take place between management and Union representatives. Compliance with basic safety requirements will be part of each employee's performance evaluation criteria.
b. The City agrees to conduct a Safety Program on City time for the purpose of educating employees concerning the provisions of the Occupational Safety and Health Act as well as the City's safety policies.

The Union agrees to support without qualification the City's Safety Program and will encourage its members to attend safety courses if required by the City and made available on City time. The City agrees that any safety courses the employees are required to take will be provided on City time with pay and that first aid training shall be provided to City designated employees in an on-duty status. c. Both the City and the Union recognize the need and will strive to reduce the number of industrial injuries among the employees.
d. The parties agree that the City shall perform on-site safety inspections in major work sites at least once a year, and to hold regular safety meetings with departmental safety coordinators. It is further agreed that the City shall continue to maintain vehicles and equipment in a safe operating condition and that no employee will be penalized for refusing to use vehicles or equipment proven to be unsafe pursuant to State law.
e. In departments where regular safety meetings are conducted, if minutes of those meetings are taken, copies of those minutes shall be posted on departmental bulletin boards. Departmental stewards will be permitted to place items on the safety meeting agenda and to attend these meetings to explain those items.
f. The City shall comply with all State and federal requirements that pertain to the operation of computer equipment. In addition, as part of its commitment to making a reasonable effort to provide and maintain a safe place of employment the City shall review the Health and Safety implications of operating computer equipment.
g. Departments shall provide employees with access to current Safety Data Sheets (SDS) on substances with which unit employees work or come into contact. These documents shall be made available for inspection at any time through on-line computer access, and in each department’s Administrative Office during normal business hours.
h. All employees who are active employees as of the date of ratification, and who are identified as working in the field or at a public counter with frequent interaction with the public, and who have not received workplace security training since January 1, 2018, will receive workplace security training (Appendix 24 of the Injury and Illness Prevention Program) before December 31, 2019. Training will be provided to employees identified as working in the field or at a public counter with frequent interaction with the public every two years thereafter.
i. On or before December 31, 2019, the City will conduct site-specific analyses of risks of violence faced by Parks, Library, and Downtown Parking staff and other employees who work in the field. Training for these groups will include assignment-specific guidance on safety protocols for handling interactions with aggressive or potentially violent individuals, including when retreat from such situations is permissible and encouraged.

22. HEALTH INSURANCES (MEDICAL, DENTAL, VISION)
a. Medical Insurance- The City agrees to provide an annual open enrollment to employees for medical insurance. The parties agree that the City will pay up to a maximum per employee per month as follows:

Coverage Level Monthly Maximum
Employee Only $1020.01
Memorandum of Understanding- General Bargaining Unit Page 10 Employee + 1 $1310.01
Family $1676.00
Increase to new 2022-2024 MOU medical coverage level amounts will be effective the first month after City Council adoption.

It is agreed that should the amount of subject premium be less than the medical insurance limits described above, the difference between the employee-only premium and said dollar amount shall be applied to employee dependent medical coverage, if any.

The City retains full and complete control over the selection, approval and administration of the City's group insurance program. However, group insurance benefits in effect at the commencement of the January to December plan year shall be maintained during the plan year to the extent it is within the control of the City.

The City agrees to provide all premium cost projections including the annual actuarial reports or rate increase notifications to the Union as soon as reasonably practical following receipt of said projections. b. Dental Insurance- The parties agree that the City shall pay up to a maximum of $82.66 per month per employee towards the dental insurance premium.

The City retains complete and full control over the administration of this dental program subject to maintenance of benefits equivalent to those provided for the term of this agreement, to the extent it is within the control of the City.

The City will continue to provide a Dental HMO option.
c. Vision Insurance- The City agrees to provide an annual open enrollment to employees for vision insurance. The City shall pay up to a maximum of $10.21 per month per employee towards the vision insurance premium:

Employees who drop vision insurance shall not be able to re-enroll within two years of dropping coverage. d. Following ratification of this Agreement, the City agrees to meet informally with bargaining unit representatives in March, June, and August (or September) annually, or more often as necessary, to discuss health, life, and disability plan renewals. These meetings may be combined with such discussions with other bargaining units at the City’s option. While discussions will be advisory only, City will give due consideration to this bargaining unit’s greater number of represented employees in its consideration of decisions. The Vice Chair and an SEIU staff member may attend to observe. Where practicable, the City will provide relevant data to be discussed a reasonable time in advance of meetings. The parties will reopen negotiations to address cost-neutral changes to the structure of the City’s contributions under this Article, Article 5 (Cafeteria Plan), Article 1 (Benefits – Permanent Part-time Employees), and related articles that may be necessary to avoid impacts of the Affordable Care Act (e.g., Cadillac Tax, affordability provisions, etc.).

23. HOLIDAYS
a. The City and the Union agree that the following days shall be observed as legal holidays by all employees in the Unit:
 January 1st (New Year's Day)
 3rd Monday in January (Martin Luther King Jr.'s Birthday)  3rd Monday in February (Washington's Birthday)
 March 31st (Cesar Chavez Day)
 Last Monday in May (Memorial Day)
 June 19th (Juneteenth)
Memorandum of Understanding- General Bargaining Unit Page 11  July 4th (Independence Day)
 1st Monday in September (Labor Day)
 4th Thursday in November (Thanksgiving)
 November 11th (Veteran’s Day)
 The Friday immediately following Thanksgiving Day
 December 25th (Christmas Day)
b. When a holiday falls on a Saturday or Sunday the preceding Friday or following Monday respectively shall be observed as a legal holiday. Paid holiday time is awarded at the employee’s applicable schedule (i.e., 9/80, 4/10, etc.).
c. Whenever a holiday occurs on an employee's regularly scheduled day off, the employee is entitled to an additional 8-hour day off (prorated for part-time). Such day off shall be taken within thirty (30) calendar days or shall be compensated at straight pay after the 30th day. d. When an employee is required to work on a day that is being observed as a legal holiday, the employee shall receive time and one half for the hours worked on that day. The employee will also be entitled to an additional 8-hour day off (prorated for part-time). Such day off shall be taken within thirty (30) calendar days or shall be compensated at straight pay after the 30th day e. Nothing in this agreement shall preclude the City from declaring a holiday when a legal holiday has been declared by the President of the United States or the Governor of the State of California. f. The City will solicit volunteers within a work unit to work on Thanksgiving and Christmas. If an insufficient number of volunteers are available, then the supervisor shall make every reasonable effort to rotate assignments on Thanksgiving and Christmas.

The City shall maintain minimal staffing on workday afternoon prior to New Year and Christmas holidays so that as many employees as possible may enjoy personal leave, vacation, or CTO at those times. g. The City may implement a holiday closure for some or all operations during the period around the Christmas and New Year’s holidays with employees using paid leave, unpaid time, or working, consistent with the plan included as Appendix F.

24. IMPLEMENTATION OF MOU
The City shall implement the provisions of this Memorandum of Understanding by adopting appropriate resolutions, ordinances, and administrative policies.

25. JOB ANNOUNCEMENT, TRANSFERS AND RULE OF 10
a. The City agrees to post information about how to access job recruitment information on employee bulletin boards in all departments. The City will continue to post job flyers on the bulletin board located outside the Human Resources office, with paper copies of the fliers available upon request.

The City will post available positions on a website accessible to the public, and send a weekly email to all employees listing current recruitments and their closing dates. The City will also maintain a system for employees, by mail, email or other messaging system, to receive notification of current job announcements at the employee’s request.
b. It is agreed that employees may contact the Human Resources Office to request inter-departmental or inter-divisional transfers, and are to contact Department or Division Heads for intra-departmental or intradivisional transfers. c. The City shall provide a minimum application filing period of five (5) days for all open vacant positions and ten (10) days for all promotional vacant positions in the classified service within the general Memorandum of Understanding- General Bargaining Unit Page 12 employees' bargaining unit for which an eligibility list must be established. d. The names of nine (9) more eligible candidates (including tie scores) than the number of vacancies shall be certified to the appointing authority in alphabetical order. e. Effective January 1, 2019, promotional lists for positions in this bargaining unit will be effective for six (6) months, unless sooner exhausted or extended. Names of current employees placed on a continuous list shall remain on the list for six (6) months. At the discretion of the Personnel Director, a single recruitment may be used to establish both an open and a promotional list. City employees on a promotional list will be notified upon exhaustion of such list and before opening the next promotional recruitment.

26. JURY/WITNESS DUTY
In the event that an employee of the City is required by a court of competent jurisdiction to perform jury duty, and that requirement causes the employee to be away from his/her regularly assigned work schedule, said jury duty shall be considered leave with pay without interruption of service on the condition that the employee pay to the City Treasurer all compensation he/she receives for the jury duty.

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

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

1. Probationary employees;

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

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

4. If employees have the same seniority within the classification, selection shall be made at random.

All branches and extensions of the Library are considered in the same division as the Central Library. e. Bumping (Displacement) Rights: Regular employees who are laid off have the right to return to the last position they previously held under the following conditions:

1. They meet the positions’ minimum qualifications

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

3. The position has continued to exist
Memorandum of Understanding- General Bargaining Unit Page 13 If an employee bumps down into the last position held, the employee will bump the employee with the least seniority in the classification.
f. Transfer or Voluntary Demotion: If an employee to be laid off meets the minimum qualifications for a vacant position, before an open competitive recruitment can be commenced, the employee will be given an opportunity to fill the vacant position through transfer or voluntary demotion.

If an employee does not meet the minimum qualifications for the vacant position the City will consider appointment to the vacant position as a trainee level appointment. Trainee-level employees appointed under this section will be paid at 100% of Step 1, rather than 80%.

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

28. LEAVES OF ABSENCE AND BENEFITS DURING SUCH LEAVES
a. It is agreed that general employees as defined in this agreement shall have the right to request an extended leave of absence without pay for a period of up to one year for personal reasons or for additional schooling (“Leave Of Absence Without Pay – Non-Medical Reasons” Policy). If the leave is approved, the employee will have right of return but such leave shall be considered a break in service with no accrual of benefits. Leave approval will be at the discretion of the City Administrator. b. If a part-time employee who regularly works fewer than 30 hours per week and does not qualify for FMLA/CFRA protected family leave solely because he or she has not worked 1250 hours in the required 12- month period is approved to take unpaid leave under the Leave Of Absence Without Pay – Non-Medical Reasons Policy for the purpose of caring for an FMLA/CFRA qualifying family member with a serious health condition, the City shall continue to pay its contribution to insurance for the first 90 days of such family leave. c. Employees may be entitled to up to 12 weeks of unpaid leave, with benefit continuation and reinstatement rights, under the City’s FMLA/CFRA Family Care and Medical Leave Policy for the birth of a child or to care for a newborn, for the placement of a child with an employee in connection with adoption or foster care, to care for a child, parent , spouse, domestic partner or child of a domestic partner who has a serious health condition, or for the employee’s own serious health condition. For combined pregnancy and child bonding leave, the amount of leave available under this policy may be longer. Employees may also be entitled to “qualifying exigency leave”, “military caregiver leave”, or other leave under the military family leave provisions of the FMLA/CFRA Family Care and Medical Leave Policy. d. Extended medical leaves of absence may be granted by the City Administrator for a period of up to a total of one year (including any period of FMLA/CFRA Family Care and Medical Leave) on request of the employee due to the employee’s illness. The City shall continue to pay its contribution to insurance for the longer of the first 90 days of such medical leaves of absences, or any period of leave continuation provided under the FMLA/CFRA Family Care and Medical Leave Policy. e. The following criteria will be used in determining the granting of leaves of absence:

1. the employee's seniority in City service.

2. the employee's job performance record.

3. the employee's disciplinary action record.

4. the needs of the City service.
f. No sick leave, vacation, or holidays shall accrue to any employee during any full biweekly pay period in which the employee is on unauthorized or authorized leave without pay. Except as provided under subsection “d” above, an employee on leave without pay shall also be responsible for full payment (employer and employee portion) of insurance premiums.

Memorandum of Understanding- General Bargaining Unit Page 14 g. No sick leave, vacation, or holiday shall be paid to any employee during any period of unauthorized leave or suspension.
h. "Continuous service" means employment with the City without break or interruption; in computing continuous service for the purposes of this chapter, neither military leaves nor leaves of absence on account of illness, whether with or without pay, shall be construed as a break in employment or service. Other absences aggregating in excess of ninety (90) working days in any period of twelve (12) months, including layoffs on account of lack of work, lack of funds, or abolishment of positions, shall be construed as breaking "continuous service". A layoff resulting in a bumping right to another position shall not constitute a break in service.
i. City acknowledges that the use of legally protected leaves of absence, including but not limited to protected family medical leave, shall not form the basis of disciplinary action. Therefore, the City acknowledges that a low sick leave balance alone does not necessarily indicate an attendance problem, and sick leave usage must be evaluated individually in assessing performance.

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

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

31. MAINTENANCE OF BENEFITS
The City and the Union agree that all compensation, including direct wages, as provided by ordinance, resolution, and City Charter, which are in existence at the commencement of this agreement, shall not be diminished, lessened, or reduced for the duration of this agreement.

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

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

32. MECHANICS' TOOLS
The City will provide an annual tool allowance of $800 to regular, full-time incumbents of Vehicle Services Assistant, Automotive/Equipment Technician, Lead Equipment Technician and Heavy Equipment Technician position classes in the Motor Pool.

Payment of $800 shall be made in January of each year. The City shall honor employee claims in cases of theft or destruction of an entire tool box containing tools required by the City for the job and not involving negligence on the part of the employee.

When an employee is hired s/he will be given the full annual tool allowance amount as provided for in this M.O.U.

At the next payment date, the employee will receive a prorated allowance amount. The amount will be based on a percentage of the year the incumbent is employed from hire date to tool allowance payment date. The calculated percentage will be applied to the full payment amount to determine the allowance. In subsequent years the full payment amount will be paid on the regular payment dates.

Memorandum of Understanding- General Bargaining Unit Page 15 Example: Employee hired 06/01/05- regular payment date 01/01/06.  Paid at hire - Full payment amount
 Paid at next regular payment date - 58.3% ( based on 7 months)  Paid subsequent years - Full payment amount
Calculation of prorated payment allowance:

Number of months in position X Current allowance = Prorated $ 12 months

33. MUNICIPAL CODE CHANGES
During the term of the Agreement the City and the Union shall meet and confer with regard to any further City proposed changes to Santa Barbara Municipal Code Title 3 which are within the scope of representation. The negotiations will be held jointly with the Treatment and Patrol bargaining units. The representatives for the Union shall be limited to S.E.I.U staff and one bargaining unit member from the General bargaining unit and one member for the Treatment and Patrol bargaining units. The negotiations will be interest based.

34. NATURAL DISASTER
The City will allow employees who are geographically isolated from the workplace and unable to report to work for an extended period of time due to natural disaster (e.g., due to road closures) to request:
1) Up to one day of paid release time for the first scheduled day, or portion thereof, that is missed; and
2) An advance on their paid vacation accruals with an agreement to repay such advance; and/or
3) To “smooth” the pay deductions for unpaid leave over the next 12 months with an agreement to repay such advance on salary.

Employees who are able to work through an alternative arrangement, such as telecommuting or working at another agency, must report to work as directed by their supervisor.

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

36. OVERTIME
a. The City and the Union agree that overtime work will be assigned to the employees on a rotation basis whenever possible.
b. No employee shall be compelled or permitted to perform work for the City without logging the hours on his or her timecard. Overtime compensation shall accrue in fifteen minute minimum blocks of time for work performed fifteen minutes or more beyond a regularly scheduled work day or work week. This includes work from home or on a mobile device outside of working hours. c. If an employee is called physically back to the workplace on an overtime basis, such employee shall be compensated for no less than two (2) hours overtime. If an employee is called back to the workplace on an emergency basis, if conditions permit, City shall provide said employee with nourishment and a rest period of appropriate duration. When an employee is called back to the workplace on an emergency after the completion of the employee’s regular shift, he/she will be provided paid leave time (without deductions from leave banks) to allow five (5) hours off-duty without loss of pay before reporting for their next regularly Memorandum of Understanding- General Bargaining Unit Page 16 scheduled shift.
d. Overtime worked shall be compensated as follows:

1. Cash Payment - Time and one-half the regular rate of pay.

2. CTO Credit - Time and one-half the overtime hours worked for non-exempt employees; straight time for overtime hours worked for exempt employees. e. The parties agree that employees have the right to request cash payment or compensatory time off (CTO) but that approval of one or the other benefit remains the right of the City consistent with the needs of the City.
f. Except for overtime worked by exempt employees who are compensated with CTO credit, work performed for the purpose of computing overtime shall include all paid leave time actually taken as time off.

It will not include holiday or other paid leave time “cashed out” but not taken. g. Regular part-time employees shall not receive overtime at the overtime rate for time worked until their total number of hours worked exceeds forty (40) hours in a week. Under the forty (40) hour limit, regular, part-time employees are credited at straight time pay or compensatory time for hours worked beyond their normal schedule.
h. The following provisions apply to the accrual and use of CTO:

1. Minimum Allowed Accrual: An employee who requests CTO will not be denied the accrual of CTO in lieu of a cash overtime payment if his or her CTO balance will remain below 50 hours.

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

An employee may accrue up to a maximum of 100 CTO hours in his/her bank. The employee may maintain this bank unless the employee terminates or agrees to cash out a portion or all the hours in the bank.

3. City Directed CTO Cash Out: The City retains the right to cash out CTO hours, other than the 100 hour bank described above, at the overtime rate.

4. City Directed Use of CTO as Time Off: The City has the right to require employees to take compensatory time off but shall provide a minimum of twenty-one (21) calendar days advance notice in such cases. Management shall not compel an employee to take CTO hours as time off if the employee’s CTO bank is less than 50 hours. i. Overtime work accrued during a declared disaster as determined by the President of the United States, the Governor of the State, the County Board of Supervisors, the Mayor of the City, City Council, or the City Administrator shall be compensated at the rate of time and one-half.

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

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

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

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

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

Exceptions will not be unreasonably denied.

4. Employees participating in direct deposit will be provided with a payroll detail report each pay period. Alternatively, employees may voluntarily opt out of a paper detail and access this information electronically via the City’s computer system. g. Employees using authorized paid release time for Union activity (meeting and conferring with management during negotiations, or as otherwise provided in this Agreement) will record all such time on the biweekly time card separately from regular work time, as directed by Human Resources.

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

Employees on the payroll July 1: 32 hours
Employees hired between July 2 and October 1 (inclusive): 24 hours Employees hired between October 2 and January 1 (inclusive): 16 hours Employees hired between January 2 and April 1 (inclusive) 8 hours b. Personal leave days must be taken by the end of each fiscal year or lost. Personal leave shall be scheduled on the same basis as vacation. In no case shall employees be entitled to cash payment for personal leave days not taken.
c. An employee may use personal leave as personal necessity when it is not possible to use on nonwork time subject to the following two conditions: 1) Reasonable advance notice which shall not be less than one (1) hour before the employee’s shift or when reasonable advance notice cannot be given, no later than 15 minutes after the scheduled shift has begun; 2) Subject to supervisory approval based on operational needs.

39. PERSONAL PROPERTY DAMAGE REIMBURSEMENT
Any employee who experiences a loss or damage to personal property may submit a claim to his/her immediate supervisor for consideration of reimbursement. The claim shall be submitted within fifteen (15) days after the loss or damage is sustained. The claim shall contain the following information: type of item, date of purchase, replacement cost, condition, description of damage, circumstances, etc. If the personal Memorandum of Understanding- General Bargaining Unit Page 18 property is stolen, a report shall be filed with the Police Department.

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

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

Claims meeting the above criteria shall not be unreasonably denied.

Reimbursement will be calculated from the following schedule:

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

40. PROBATIONARY PERIOD
The probationary period required by Charter Section 1004 may be extended beyond one (1) year by signed mutual agreement of City and employee.

All original and promotional appointments to the classified service shall be tentative and subject to a probationary period of one (1) year of actual service. If the service of the probationary employee has been satisfactory to the appointing power, then the appointing power shall file with the Human Resources Manager, a statement in writing to such effect. During the probationary period, an employee may be rejected at any time by the appointing power without cause and without right of appeal. Notification of rejection in writing shall be served on the probationer and a copy filed with the Human Resources Manager.

41. PURPOSE
It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation, and understanding between management and the employees covered by this memorandum; to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise under this Memorandum of Understanding; and to set forth the full and entire understanding of the parties reached as a result of good faith meeting and conferring regarding the wages, hours, and other terms and conditions of employment covered by the memorandum.

42. RECOGNITION
a. Pursuant to the provisions of Section 3.12 of the Municipal Code of the City and applicable State law, the Union is recognized as the majority representative of the City employees in the general employees unit and as the exclusive bargaining agent for the employees in said Unit. b. The terms "general employee(s)" or "employee(s)" as used herein shall refer only to full-time or Memorandum of Understanding- General Bargaining Unit Page 19 unclassified part-time employees serving in non-confidential classifications who occupy positions authorized and designated as "GENERAL" by the City Council in the City’s official City’s official classification and salary schedules.

Classifications may be added to or deleted from general employees bargaining unit in accordance with the provisions of this agreement and the City's Employer/Employee Relations Ordinance. c. Employees designated management, confidential, and supervisorial shall be designated as such in the in the City’s official classification and salary schedules and shall be excluded from "general employee" bargaining unit regardless of classification. City may designate additional management, confidential, or supervisorial employees after first notifying and consulting with Union.

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

44. RETIREE MEDICAL INSURANCE CONTRIBUTION
a. This provision is applicable to employees who retire from City service and

1. Have 10 or more years of classified or unclassified service; or

2. Retire from City with an industrial disability.
b. The City shall contribute $12.00 per month, per year of service up to a maximum of 35 years (i.e., $420/month) towards the purchase of medical insurance for the retiree and his/her spouse or domestic partner registered with the City Clerk or the Secretary of State, if applicable. c. The retiree is not limited to purchase of a City sponsored plan, provided however, that if the retiree purchases another insurance plan, the retiree must supply the City with adequate proof of insurance coverage prior to any contribution from the City. Proof of such coverage shall be provided to the City on a periodic basis, as reasonably determined by the City.
d. The City shall continue to make its contribution until the retiree reaches age 65 or dies, whichever occurs first, provided however, that if the retiree dies before reaching the age of 65 and there is a surviving spouse or registered domestic partner, the City's contribution shall cease when the retiree would have reached age 65. Thereafter, the spouse may remain on the insurance plan, at his/her own cost, subject to the conditions set forth by the insurance company.
e. In the event Health Care legislation is passed which affects the nature of the benefit described above, the parties will reopen negotiations and modify this benefit, if necessary, so as to maintain their original intent (e.g., eligibility, scope, cost).
f. If any Court decision with binding effect on the City of Santa Barbara rules that a retiree medical Memorandum of Understanding- General Bargaining Unit Page 20 provision like the provision contained herein violates the State or Federal law against age discrimination, the parties agree that within 30 days they will reopen negotiations on said provision to convert to a retiree medical policy with equivalent cost that does not violate age discrimination law. The parties agree that whatever policy is agreed upon will not reduce or increase the City's contribution toward retiree medical insurance.

45. RETIREMENT
a. For employees designated as “classic” employees by PERS the City will provide the two percent (2.7%) at age fifty-five (55) benefit formula under the Public Employees' Retirement System (PERS), pursuant to Government Code 21354.5.
b. For employees designated as “classic” employees by PERS he City will contribute toward the PERS normal employee's contribution as detailed in section “c”, below, and these contributions shall be credited to the member's account. The City shall report the value of any Employer Paid Member Contributions (EPMC) to PERS as compensation earnable through enabling City resolution, pursuant to Government Code Section 20636(c)(4).

Effective June 19, 2021, Classic employees will pay the 8% required contribution for the 2.7% at 55 benefit. During FY21, classic employees will pay cost sharing under the 2018-2020 MOU cost-sharing formula.
c. The following contract provisions shall apply:

1. For employees designated as “classic” employees by PERS, the City will provide One-Year Final Compensation under PERS, pursuant to Government Code 20042.

2. The PERS contract shall provide for Military Service Credit as Public Service under Section 21024 and for Public Service Credit for Excluded or Limited Prior Service under Section 21031.

3. The PERS contract shall provide for Public Service Credit for Peace Corps or Americorps:

Volunteers in Service to America (VISTA) pursuant to Government Code Section 21023.5.

4. The City will provide the Fourth (4th) Level of 1959 Survivor Benefits, pursuant to Government Code Section 21574.
d. The City is authorized to amend its contract with PERS immediately, in order to be able to implement the incentives listed below:

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

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

2. City payment of Military Service Credit as Public Service in accordance with Government Code Section 21024.
e. Notwithstanding the provisions above, effective January 1, 2013, new members as defined by California Public Employees’ Pension Reform Act of 2013 (hereinafter “AB 340”) will be covered under the 2% at 62 Miscellaneous retirement formula, with a final compensation measurement period of the average of the highest three (3) consecutive years, as well as all other statutory requirements of AB 340. Effective October 1, 2013, new employees and/or members as defined by AB 340 shall contribute half the normal cost for benefits, as defined by AB 340; the City will not pay any portion of these employees’ required contributions. As provided under the law, some new City employees may qualify as “classic” employees by virtue of their prior government service. Current employees as of the date of ratification designated as PEPRA employees will be paid the equivalent of 1.5% of base salary as a lump sum payment on the last pay period of July 2021.
f. The City will provide a 457 Deferred Compensation Plan for employee savings.

Memorandum of Understanding- General Bargaining Unit Page 21

46. RETROACTIVITY
An employee will be eligible for the increases to salaries and benefits provided under the Agreement on the dates specified for each increase if the employee is an active City employee and bargaining unit member on the date that the City Council ratifies this Agreement.

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

If the employee desires, he/she may combine two years allowance for the purchase of shoes. The allowance is for the purchase of shoes only.

The Union and City agree that failure of an employee to wear proper and operational safety shoes may be grounds for disciplinary action.
e. City shall provide prescription safety glasses to those employees who wear prescription glasses and perform duties that require the use of safety glasses. Such employees shall provide the City with the lens specifications prescribed by the employee's doctor. The City will provide the initial pair of safety glasses based upon this prescription and shall replace same only upon a subsequent substantial change of prescription or evidence acceptable to the City that said prescription safety glasses are rendered unusable by accidental damage suffered while performing assigned duties.

48. SALARIES & COMPENSATION ANALYSIS/SALARY SURVEY
a. Across-the-board salary increases for all classifications during the term of this agreement will be as follows:

Effective Date Amount
June 18, 2022 4.0%
March 27, 2023 4.0%
b. Achieving the second salary step, or "B" step, and subsequent steps shall require, in addition to satisfactory performance, a period of one year of actual service. Regular part-time employees are eligible for step raises under the same terms and conditions as apply to regular, full-time employees except that the period of employment required to move a step is the number of hours worked equivalent to one (1) year of full-time employment, or 2080 hours.
c. Employees shall receive at least a five percent (5%) salary increase upon promotion provided however that the City shall not be required to pay a salary in excess of the salary range authorized for the appropriate classification by the City Council in the official salary schedules . The City shall make every effort to provide a minimum five percent (5%) separation in salary between classifications within a series and classifications within recognized career ladders as determined by the City. The City shall provide the Union with a chart of career ladders, and the City shall update said list. d. Anniversary dates for newly hired employees shall be the first of the month if the employee was Memorandum of Understanding- General Bargaining Unit Page 22 hired on or before the fifteenth of that month and the first day of the following month for those hired after the fifteenth. The end of the probationary period shall coincide with the anniversary date. e. Until completion of the City’s Compensation and Classification Study, the City agrees to:

A. Once each year in February, at the Union’s request, the City will review the salary placement of up to five (5) classifications that meet one or more of the following criteria:

1. Significant turnover;

2. Difficulty recruiting;

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

4. Range or salary compaction; and/or

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

Comparison Cities of: Santa Cruz, Santa Monica, Huntington Beach, Newport Beach, Pasadena, Burbank, City of Ventura, Santa Maria, Berkeley B. Requests for review will include the following information:

1. Class(es) to be studied:

2. Which criteria set forth above are applicable;

3. Supporting data that justifies the request;

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

5. Percentage increase proposed; and

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

The City agrees to address any inequity greater than 5% by the end of the calendar year in which the salary review occurs.
f. Review the following classification series upon contract ratification and address any inequities greater than 5% by December 31, 2022:
a. Streets Maintenance Workers
b. Maintenance Workers
c. Recreation Coordinators
g. The Personnel Director may approve trainee placement, as defined by SBMC Section 3.04.055, for entry and promotional recruitments at 90% of step one. An employee rejected following placement in a trainee appointment will be eligible to be reinstated to the position from which he/she was promoted as provided in SBMC Section 3.16.270, including any prior bumping rights he/she had in that position.

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

The following conditions apply to this benefit:

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

2. The conversion rate of 0.004 years (1 day) of service credit for each 8-hour day of sick leave is utilized;

3. The retiring employee may take the cash purchase value of the annuity in lieu of the monthly annuity; and
Memorandum of Understanding- General Bargaining Unit Page 23

4. If the City amends its PERS Miscellaneous contract to include service credit for sick leave upon retirement, employees will be included in that PERS contract amendment and the annuity program will be discontinued.

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

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

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

2. Graveyard shift differential pay when 50% or more of the hours of the assigned shift hours, including lunch and excluding overtime, fall between midnight and 8:00 a.m. b. Overtime as Continuation of Assigned Shift. Shift differential for overtime which is a continuation (without break) of the assigned shift is paid based upon the eligibility of the assigned shift. See Examples 1, 2, and 3 in Appendix A entitled Shift Differential Examples. c. Back-to-Back Shifts. Shift differential for overtime which are two (2) entirely distinct assigned shifts are paid based upon the separate eligibility of each shift. See Examples 4, 5 and 6 in Appendix A entitled Shift Differential Examples.
d. Call Backs.

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

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

Swing Shift Graveyard Shift
$1.35/ hour $2.90/ hour

52. SICK LEAVE
a. The City and the Union agree that the City's sick leave policy shall be that employees shall accrue sick leave at the rate of 3.7 hours for each full pay period of service with a maximum accumulation of two thousand and eighty (2,080) hours. Said sick leave accrual shall begin effective the first day of employment. b. The programs referred to as "Non-Replenishable" and "City Administrator's" sick leave authorized by Municipal Code Sections 3.08.150 (b) and 3.08.210 are eliminated. c. An employee may use sick leave for a medical appointment when it is not possible to arrange such appointment on non-work time subject to the following two conditions: 1) Reasonable advance notice which in no event shall be less than 24 hours; 2) Subject to supervisory approval based on operational needs.

Memorandum of Understanding- General Bargaining Unit Page 24 c. A full-time employee may use up to 48 hours of available accrued sick leave (the equivalent of 6 months of accrual) per calendar year for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, a family member of the employee. “Family member” means any of the following: a spouse or registered domestic partner; a child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status); a parent (biological, adoptive, or foster parent, stepparent, or legal guardian) of an employee or the employee’s spouse or registered domestic partner; a person who stood in loco parentis when the employee was a minor child; a grandparent; a grandchild; or a sibling. Parttime employees may use the equivalent of six (6) months of sick leave accrual at their prorated accrual rate for such purposes. All rules for use of sick leave will apply, including those regarding physician statement requirements and use of sick leave for medical appointments. d. Application of SB 114 – Employees may use 80 hours of supplemental paid sick leave retroactively from October 1, 2021 to December 31, 2021.

53. STANDBY PAY
The City and the Union agree that effective during this agreement, when an employee is officially designated by management to remain available to return physically to the workplace, at any time during specific hours outside of normal working hours, the employee shall receive two hours of straight-time pay for each eight hours or fraction thereof on standby. For periods of standby that are 24 consecutive hours or more, the employees shall receive 1/4 hour of straight time pay for each hour on standby. To the extent feasible, the parties agree that standby shall be assigned on an equitable basis to all eligible employees.

The City and the Union agree that all employees will be on automatic standby duty during a state of emergency or civil defense disaster as declared by the President of the United States, the Governor of the State, the Mayor of the City, the City Council, or the City Administrator. Such automatic emergency standby shall be without compensation unless the City is reimbursed by the State or federal government for such an expenditure.

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

Depending on eligibility, an employee may receive:

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

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

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

55. SURVEILLANCE CAMERAS
The City will provide the Union with a written policy outlining the City’s current standards for the use of surveillance systems within 6 months of ratification of this Agreement. Such policy will outline standards for:
• Installation of video surveillance systems
• Operation of video surveillance systems
• Use of the information obtained through video surveillance systems • Custody, control and access to records created through video surveillance systems.

City will require a signed acknowledgement of policy from any employee authorized to access information obtained through video surveillance systems.

56. TERM OF AGREEMENT AND RENEWAL
The City and the Union agree that the term of this agreement shall be twenty-four (24) months commencing April 1, 2022 and ending at midnight on March 31, 2024. It is further agreed that the term of this agreement may be extended by mutual agreement.

The City and the Union also agree that meeting and conferring over the renewal or continuation of this agreement shall be initiated at the request of either party after October 1, 2023,but not later than January 15, 2024 and that every effort will be made to reach an agreement prior to the expiration of this agreement.

A request to meet and confer shall be filed in writing and meeting and conferring shall commence within ten (10) days of receipt of said request.

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

Such training may include requests by Department Heads for additional training of current employees, subject to the approval of the City Administrator. The parties agree that employees will be trained in the use of fire suppression equipment and that a fire evacuation plan will be developed by each department for each major City facility and posted.
b. Direct costs for all training or instruction required by the City shall be paid for by the City. Wage compensation for employees shall be determined as follows:

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

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

2. Attendance is in fact voluntary;

3. The course, lecture, or meeting is not directly related to the employee's job; and Memorandum of Understanding- General Bargaining Unit Page 26

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

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

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

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

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

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

Exempt Employees
In the case of an exempt employee, the MOU language (other than the FLSA requirements applicable to non-exempt employees) determines whether training or related travel time is compensable. Exempt employees will only be paid for time spent in required training and travel during normal work hours.

Travel outside of regular work hours is excluded.
c. Employees will be eligible to participate in the City-wide Educational Reimbursement Program, which will be reinstated not later than July 1, 2014. The program will be amended to allow consideration of reimbursement for job related educational certifications and job related training that is not required by the City, and therefore not compensable under section “b”, above. The union waives any requirement for the City to meet and confer on enhancements to this policy to increase the maximum reimbursement ($1000) or expand reimbursement eligibility. However, the City will notify the union of any such change.

58. UNAUTHORIZED LEAVE
An employee's absence shall be unauthorized if such employee does not report absence to supervisor designated by Department Head within one-half (1/2) hour before or one-half (1/2) hour after his/her regular starting time, except in cases of emergency in which case the employee shall provide notification as soon as possible.

59. UNIFORM MAINTENANCE ALLOWANCE
Memorandum of Understanding- General Bargaining Unit Page 27 The City and the Union agree that employees required by the City to wear field uniforms shall have the full cost of the uniform maintenance service paid for by the City. The City retains full and complete control over the administration of the uniform maintenance program. However, City shall provide field personnel with a minimum of seven (7) and a maximum of eleven (11) uniform changes based on the employee's request and the operational needs of the department.

The parties agree that the monetary value of uniforms provided by the City, excluding items that are solely for personal health and safety (such as protective vests, pistols, bullets, and safety shoes), is $10.00 per biweekly pay period.

60. UNION BUSINESS ATTENDANCE
It is agreed that not more than four (4) Union designated officers or stewards will be permitted up to thirty two (32) hours of leave per person each fiscal year with pay for Union related business defined as follows:
conferences, meetings, training and other union activities outside the workplace. Release time will be subject to approval of the Department Head and prior notification to the Human Resources Manager.

If fewer than 4 designated officers or stewards used release time in the prior fiscal year, the number of officers or stewards that did not use any release time in the prior fiscal year may be added to the number of designated officers or stewards eligible for up to 32 hours of release time in the following fiscal year, up to a maximum of 4 additional eligible officers or stewards in any fiscal year.

Stewards will log all union business attendance hours on their timesheets using the assigned pay code or project code for this purpose.

61. UNION NOTICE- EMPLOYEE ORIENTATION
The City will provide the union a list of attendees in the bargaining unit at a group New Employee Orientation meeting not less than two weeks prior to the orientation along with the date, location, and time for the union’s presentation. The City will provide a Union representative an opportunity during the orientation to provide information to bargaining unit members regarding the benefits and obligations of union membership. Such presentation shall not exceed 15 minutes in duration.

62. UNION SECURITY
a. Dues Deductions - Union dues payment obligations shall be processed by the City in the usual and customary manner and time frames.
b. Leave Without Pay - Employees on an unpaid leave of absence for an entire pay period or more shall have union dues suspended.
c. Indemnification/Hold Harmless Clause - The Union agrees to fully indemnify, defend and hold harmless the City and its officers, employees and agents against any and all claims, proceedings, settlements and/or liability regarding the legality of this Article or any action taken or not taken by or on behalf of the City under this Section.
d. Maintenance of Membership – All regular unit employees who are members of the union in good standing shall maintain their membership in the Union in good standing, subject however, to the right to resign from membership by submitting a written request to the union during the month of August annually.

Resignation requests submitted to the City shall be referred to the union. When resignation requests are received outside the window period the Union will promptly provide such members a letter explaining the maintenance of membership provision, along with a copy of this section of the MOU.

63. UNION STEWARDS
Memorandum of Understanding- General Bargaining Unit Page 28 The City agrees that the Union may designate Stewards to represent employees in the processing of grievances. The Union shall furnish the City with a list identifying by name and work location all regular and alternate Stewards. Said list shall be kept current by the Union at all times.

The City will remind supervisors annually of employee “Weingarten” rights to union representation. Upon the Union’s request, the City will review and comment on proposed Union communication to employees about such rights.

64. USE OF COMPUTER RESOURCES
Employees’ rights and obligations regarding use of the City’s computers and computing resources are governed generally by the City’s computer use policies. The Union and the City agree that occasional and incidental employee use of City computing resources for union business is allowable within the same parameters applied to other acceptable non-commercial personal use under those policies.

The parties agree that such use shall not interfere with the performance of work duties or the effective delivery of services, and shall not result in any significant cost to the City or compromise the security of City systems. The parties further agree that City computer resources, including the e-mail system, will not be used by the union or City employees to support or oppose a political campaign or ballot measure.

The union acknowledges that employees have no expectation of privacy in the use of City computer resources, including but not limited to e-mail and text messaging, even if they are locked or passwordprotected.

65. VACATION POLICY
a. Effective July 4, 2020 All employees shall begin accruing vacation effective the first day of employment. It is agreed that vacation time earned may be taken as accrued subject to approval by the City and in accordance with the following schedule:

Length of Continuous Service Vacation Entitlement
0 - 2 years (96 hours) per year
3 - 5 years (120 hours) per year
6 - 10 years (176 hours) per year
11 - 15 years (200 hours) per year
16 & over years (224 hours) per year
b. Vacation periods shall be scheduled by management to provide adequate staffing. Employees may request the use of vacation at any time. Such scheduling may be available throughout the calendar year subject to departmental operational necessity and the needs of the City, and such scheduling shall take into account employee seniority and choice. Requests for vacation time off shall not be denied for arbitrary or capricious reasons.
c. Effective July 4, 2020, this maximum vacation balance will be increased to 600 hours.

66. VACATION & SICK LEAVE ADVANCED CREDIT UPON HIRE
a. An employee who is appointed from outside City of Santa Barbara government service within one (1) year of leaving employment with either the City of Santa Barbara or another city, county, state agency, federal agency or special district and who, in the opinion of the Human Resources Manager, possesses government experience directly related to the position to which he or she has been appointed, may be offered credit for years of prior service with the City of Santa Barbara and/or his or her immediate previous government employer in the following ways:

Memorandum of Understanding- General Bargaining Unit Page 29 i. Vacation Accrual: At the discretion of the Human Resources Manager, the employee may be offered credit for up to the total number of prior full years of service at the City of Santa Barbara and/or his or her immediate previous government employer toward the initial vacation accrual rate. The employee will not be eligible to progress to a higher accrual rate until employee has the normal required minimum amount of City of Santa Barbara service for that accrual rate. ii. Sick bank: At the discretion of the Human Resources Manager, the employee may be credited with up to 96 hours of sick leave. Thereafter, employee will accrue sick leave at the normal rate.
b. A former City of Santa Barbara employee reemployed within one year under Santa Barbara Municipal Code Section 3.16.320 will automatically qualify for the full vacation accrual credit under (i), above, for his or her prior City of Santa Barbara service. However, under no circumstance will prior accrued vacation balances cashed out to the employee upon termination be reinstated.

67. WAIVER
The City and the Union agree that, for the term of this agreement, each party waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this agreement, except as to meeting and conferring over the renewal or continuation of this agreement or as otherwise provided herein.

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

68. WORK SCHEDULE
a. The regularly scheduled seven (7) day work week shall average forty (40) hours. b. There shall be at least two consecutive days of rest observed after each work week subject to City needs for standby, call back, overtime, and rotation of regularly scheduled shift changes. In the event that a work week without two (2) consecutive days off is necessary or desirable, affected employees shall be given reasonable opportunity to establish work schedules which meet the operational requirements of the City and personal preference. In such cases, the two (2) consecutive days off may be waived by the employee. An employee may waive two consecutive days off on a one-time or ongoing basis. If waived on an ongoing basis, the employee will give notice of at least 14 calendar days to the supervisor before being reinstated to a schedule with two consecutive days off.
c. The City will encourage supervisors to allow, where consistent with City business needs, at least a 15-minute paid break for each 4-hour shift and at least a half-hour unpaid lunch break during a shift of 6 hours or longer.
d. The City will encourage supervisors to allow, where consistent with City business needs, a minimum of 8 hours between regularly scheduled shifts.
e. Prior to any change in shift schedule, affected employees shall be given reasonable opportunity to provide input concerning shift schedules which meet the operational requirements of the City and personal preference. The Department Head shall establish a "regular" schedule for each employee with a start and quit time. Such schedule shall not be changed without forty-eight (48) hours advance notice except in emergencies.
f. City shall provide employees with reasonable "clean-up" time and employees shall be ready to begin work at start time.

Memorandum of Understanding- General Bargaining Unit Page 30 g. City agrees that work outside the regularly scheduled work day or work week shall be compensated in accordance with the overtime policy contained herein. h. Employees may develop alternative work schedules and/or telecommuting arrangements which meet their personal needs and the operational requirements of the City under the City’s Flex Work Policy.

Such alternate schedules must be approved by the Department Head. The continuation of such schedules shall be subject to Department Head review with reasonable input from affected employees. The City will provide and publicize an informal information session on telecommuting for interested employees on or before April 30, 2019.
i. In no case shall an employee's work schedule be altered in connection with any particular work shift to avoid the payment of overtime earned.
j. When an Airport Maintenance employee has worked a regularly scheduled night shift, the employee will be provided with paid leave time (without deductions from leave banks) to allow five hours of off-duty time without a loss of pay before reporting for the next regularly scheduled daytime shift. With the permission of the supervisor, the employee may choose to work the beginning of the employee’s next regularly scheduled daytime shift, and take the equivalent paid rest period at the end of the regularly scheduled shift instead.

Example:

If employee on a 9/80 shift works 10:00 p.m. - 7 a.m., and is next regularly scheduled to begin a 9- hour shift at 7:00 a.m., the employee may:
 Take a 5 hour rest period from 7 a.m. to 12 p.m., receiving straight time pay for the period from 7:00 a.m. to 12:00 p.m. (5 hours), and then work from 12:00 through the rest of the regularly scheduled shift (4 more work hours).
 With supervisor’s permission, work for 4 hours beginning at 7:00 a.m. (when the next scheduled shift begins), and leave 5 hours early instead.
k. Employees on a 9/80 schedule will be covered under the terms of the “9/80 Work Schedule Policy” contained in Appendix D of this Agreement.

69. WORKERS' COMPENSATION
a. The parties agree that Municipal Code Section 3.08.220 shall be amended to provide that general employees who sustain illness or injury arising out of and in the course of their City employment shall receive benefits equal to those mandated by the State of California plus the difference between State mandated benefits and the equivalent of eighty-five percent (85%) of the individual's gross (excluding O.T.) salary, if any, paid by the City for a maximum of ninety (90) working days. c. Once an individual is no longer eligible for continuation of 85% of his/her gross pay as described in (a) above and is still unable to return to work, the City shall continue to pay its contribution to insurance for the first ninety (90) calendar days.
d. This section shall not be construed to grant employees the use of sick leave benefits in lieu of or to supplement workers' compensation benefits provided herein or by State law, except as follows.

An employee who returns from an accepted work-related injury or illness to regular duty or modified duty may attend follow-up medical appointments during work hours when it is not possible to arrange such appointments on non-work time. Reasonable advance notice must be given to the supervisor, which in no event shall be less than 24 hours. Release time is subject to supervisory approval based on operational needs.

Under these conditions, to account for the lost work time to attend physician, physical therapy, chiropractic, counseling and other physical and mental care appointments, the employee may:

Memorandum of Understanding- General Bargaining Unit Page 31

1. Use accrued paid leave time (sick leave, vacation time, compensatory time, or personal leave); or
2, Use ‘industrial leave without pay” if employee has no accrued paid leave time, or

3. If the employee has not reached a permanent and stationary status, the employee may elect to use "industrial leave without pay" if employee does not choose to use accrued paid leave (sick leave, vacation time, compensatory time, or personal leave). However, employees who have reached permanent and stationary status must exhaust available leave balances before being placed on leave without pay.

An employee who has not reached a permanent and stationary status and uses industrial leave without pay may be entitled to “wage loss” under workers’ compensation system depending on eligibility.

The City may make changes to its Personnel Policies including, but not limited to, the Santa Barbara Municipal Code to reflect the substance of this Agreement.

70. WORKING OUT OF CLASSIFICATION
Working Temporarily Out of Classification
The City and the Union agree that it is the intent of departmental management to avoid working an employee out of classification.

It is further agreed that working an employee out of classification will occur only to meet the work requirements within the City and that such out of classification work will terminate after fifteen (15) consecutive work days or thirty (30) work days in any one calendar year; or if extended beyond fifteen (15) consecutive or thirty (30) work days, the employee shall be compensated at the rate of the higher classification while the out of classification work continues subject to the right of employee to waive this provision based upon personal career development.

For purposes of this article, an out of classification assignment is defined as assignment by the Department Head or designee of the performance of a substantial preponderance of duties of an authorized, funded, permanent, full-time position in one or more higher classification(s) by an employee in a position in another classification. "Significant duties" shall be as defined on the appropriate class specification.

When an employee works out of classification continuously for fifteen (15) working days or more, the City shall place a letter in the employee's personnel file acknowledging the out of classification work.

It is the intent of this article to compensate employees for assigned out of class work extended beyond fifteen (15) consecutive or thirty (30) work days in any one calendar year.

Position Reclassification Requests
If an employee believes he/she is working out of classification on a regular on-going basis, the employee may:
a. Request a reclassification from his/her manager in writing. The manager shall respond in writing within ten (10) working days of receipt of the request. The manager may recommend that a classification review be conducted by submitting a written request, approved by the Department Head, to Human Resources.
b. If the employee is not satisfied with the manager's response, he/she may submit a written reclassification request to his/her Department Head or designee within ten (10) working days of receiving his/her manager's written response. Within twenty (20) working days of receipt of the employee's written request, the Department Head or designee shall meet with the employee and issue a written response to the employee and the Human Resources Office.

Memorandum of Understanding- General Bargaining Unit Page 32 c. If the Department Head's response so requests that a classification review be conducted, Human Resources shall conduct said classification review and shall issue its decision to the employee and the Department Head within forty-five (45) working days of receipt of the request. The decision to request, or not request, a classification review shall be at the Department Head’s sole discretion, however the decision will not be arbitrary or capricious.

Memorandum of Understanding- General Bargaining Unit: Appendix A- Shift Differential Examples LCW_DMS\SA390\038\9254134.v2-5/7/20

APPENDIX A

SHIFT DIFFERENTIAL EXAMPLES
Recommended Approach to Assessing Eligibility for Shift Differential: First look to see if the regular assigned shift qualifies for shift differential. If the regular assigned shift qualifies, then continuation overtime of less than a shift also qualifies for that same differential. For continuation overtime of a full shift (back-to-back shifts) look at whether the separate overtime shift would qualify on its own. Call back overtime generally does not qualify for shift differential unless it is for 8 hours or more.

Example 1. Swing Shift Differential; Swing Shift OT
An employee is assigned to work a nine (9) hour shift from 3:30 p.m. to 1:30 a.m. with an hour unpaid lunch. Because 50% or more of the ten (10) regular assigned shift hours including lunch fall between 5:00 p.m. and midnight, the employee is entitled to Swing Shift Differential pay for the entire regularly assigned shift.

If that employee is then asked to work overtime from 1:30 a.m. to 3:30 a.m., the employee will be entitled to Swing Shift Differential pay at the overtime rate for the additional two hours (1:30 a.m. to 3:30 a.m.) worked because the two hours are a continuation of the qualified swing shift.

Example 2. No Shift Differential; Assigned shift does not qualify and OT is not a full shift An employee is assigned to work an eight (8) hour shift from 7:30 a.m. to 4:00 p.m. including lunch and is then directed to work an additional five (5) hours of overtime to cover for a sick employee from 4:00 p.m. to 9:00 p.m. The employee is not entitled to shift differential pay because the regular assigned shift hours including lunch (7:30 a.m. to 4:00 p.m.) do not qualify for shift differential and the overtime worked is the continuation of a non-qualifying assigned shift of less than eight hours.

Example 3. No Shift Differential; Assigned shift does not qualify and OT is not a full shift An employee is assigned to work an eight (8) hour shift from 8:00 a.m. to 4:30 p.m. including lunch.

However, on this particular day, the employee is assigned to come in early to work overtime from 3:00 a.m. to 8:00 a.m. in addition to the assigned regular shift hours in order to cover for an absent employee.

The employee is not entitled to shift differential pay because the regular assigned shift hours do not qualify for shift differential and the overtime worked as a continuation of that regular assigned shift is less than eight hours.

Example 4. Back-to-Back Shifts; Assigned shift does not qualify, but OT shift qualifies for swing.

An employee is assigned to work an eight (8) hour regular shift from 7:30 a.m. to 4:00 p.m. including lunch and then is directed to work additional time for an emergency situation. The employee then works nine hours of overtime from 4:00 p.m. until 1:00 a.m. The employee is entitled to Swing Shift Differential pay at the overtime rate for the period of 4:00 p.m. to 1:00 a.m. The employee has in effect worked two back-to-back shifts.

Example 5. Back-to-Back Shifts; Assigned shift qualifies for swing, and OT shift qualifies for graveyard.

An employee is assigned to work the swing shift between 4:00 p.m. and midnight (without an off-duty meal break), and then is assigned to work the graveyard shift from midnight to 8:00 a.m. In this case the employee is assigned to work two distinct shifts. Therefore, the employee is entitled to Swing Shift Differential pay for the time between 4:00 p.m. to midnight and Graveyard Shift Differential pay at the overtime rate for the hours from midnight to 8:00 a.m.

Example 6. Back to Back Shifts; Assigned shift qualifies for graveyard, but OT does not qualify.

Memorandum of Understanding- General Bargaining Unit Page 34 An employee is assigned to work the regular graveyard shift between midnight and 8:00 a.m. (without an off-duty meal break) and then is assigned the day shift from 8:00 a.m. to 4:30 p.m., with a half hour lunch, on overtime. As in Example 5, the employee is assigned two distinct back-to-back shifts; therefore, the employee is entitled to Graveyard Shift Differential for the time period of midnight to 8:00 a.m., but no shift differential for the time period of 8:00 a.m. to 4:30 p.m.

Example 7. Call Back; Assigned shift qualifies for swing but callback under 8 hours does not.

An employee is assigned to work from 4:00 p.m. to midnight on a regular shift. That employee leaves work at midnight, goes home, and then is called back to work between 2:00 a.m. and 7:00 a.m. That employee is entitled to Swing Shift Differential pay for the regular assigned shift from 4:00 p.m. to midnight. The employee is not entitled to shift differential pay for the overtime hours (2:00 a.m. to 7:00 a.m.) because it is considered a call back, and not a continuation of the assigned shift without a break, of and it was for less than eight hours.

Example 8. Call Back; Assigned shift does not qualify, but callback OT over 8 hours qualifies for swing.

An employee is assigned to work a regular shift from 7:30 a.m. to 4:00 p.m. and then is called back to work overtime at 7:00 p.m. and works until 3:00 a.m. due to an emergency situation. The employee is entitled to Swing Shift Differential pay at the overtime rate for the call back of eight hours or more (7:00 p.m. to 3:00 a.m.) because 50% or more of the call back hours fall between 5:00 p.m. and midnight.

Memorandum of Understanding- General Bargaining Unit: Appendix B- Family Friendly Personnel Policies
LCW_DMS\SA390\038\9254134.v2-5/7/20

APPENDIX B

CITY OF SANTA BARBARA

FAMILY FRIENDLY PERSONNEL POLICIES
February 20, 1990
Note: A leave or reduced schedule approved under one of these policies runs concurrently with any applicable leave entitlements under the FMLA/CFRA Family and Medical Leave Policy.

Contents

1. Maternity Leave Policy

2. Parental Leave Policy

3. Flexible Leave Policy

4. Alternative Work Schedules

5. Job Sharing

6. Part-time Work

7. At-home Work
Appendix B- Family Friendly Policies

1. MATERNITY LEAVE (medical leave)
The City of Santa Barbara is committed to providing time off from work, so far as possible, to employees during pregnancy and following childbirth.

Maternity leave requests, including both medical and non-medical components (see section on Parental leave for information regarding non-medical leave), must be submitted to the City Administrator via the Department Head at least 30 days in advance. The requirement for 30 days advance notice may be waived when warranted by unexpected medical circumstances. Pursuant to state law, maternity leaves for medical reasons will be granted for up to four (4) months and may be extended up to a maximum of one (1) year subject to the operational needs of the department as determined by the Department Head. All medical leaves must be verified by a doctor's certificate of disability.

When an employee is physically disabled from work due to pregnancy or following childbirth, the employee will obtain a doctor's certificate of disability indicating the dates when the employee will be physically unable to work. When physically disabled, the employee may use sick leave or other paid leave. An employee disabled due to pregnancy or childbirth may request an unpaid leave of absence for medical reasons once her sick leave and other paid leave balances total less than forty (40) hours. A doctor's note listing the dates of the disability must be submitted with the medical leave request. Any leave of absence greater than 7 days must be approved in advance by the City Administrator.

The City will coordinate an employee's use of State Disability Insurance (SDI) with City paid leave which allows employees on maternity leave and covered by SDI to extend the use of their paid leave time.

When an employee is on medical leave of absence due to pregnancy, the City will continue to pay the employer portion of the insurance for the first ninety (90) days of the medical leave of absence. Thereafter, an employee will have to pay both the employer and the employee portions of her insurance.

2. PARENTAL LEAVE (all employees, non-medical leave)
The City recognizes that after the birth or adoption of a child, it is important for a parent to be with his or her child. As a result, the City encourages Department Heads to accommodate requests for parental leaves to care for a newborn or newly adopted child.

Parental leaves shall be with pay if the employee has leave balances of vacation, personal leave, or compensatory time. An employee may request a parental leave of absence without pay when the employee's paid leave balances total less than forty (40) hours (see section on Maternity Leave for information regarding medical leave related to pregnancy and childbirth).

Parental leave requests must be submitted to the City Administrator via the Department Head at least 30 days in advance. When requested, parental leaves will be approved for a length of time sufficient to provide the employee a minimum of one (1) month absence from work. Any medical leave related to pregnancy and child birth (maternity leave) will not be counted in the minimum one (1) month. The scheduling of parental leave is subject to the approval of both the City Administrator and Department Head based on the operational needs of the department. Extension of the parental leave of absence may be granted, subject to the approval of the City Administrator, via the Department Head. The total duration of the combined medical and parental leaves of absence cannot exceed one year.

Employees are encouraged to discuss their time off needs with their supervisors as early as possible.

Employees are also encouraged to save their vacation, personal leave, and compensatory time for use during a parental leave. Temporary waivers of the minimum annual vacation use and maximum vacation Appendix B- Family Friendly Policies
accrual will be considered to assist prospective parents in building their leave banks.

While on parental leave of absence without pay, an employee will have to pay both the employer and employee portions of his or her insurance.

3. FLEXIBLE LEAVE POLICY (All Employees)
Employees may use accrued personal leave, vacation, comp time, to respond to emergency needs for spouse or dependent*, such as illness, child care or elder care. The employee shall notify his/her supervisor immediately of the nature of the emergency. Approval for leaves under this policy shall not be unreasonably withheld. Advance approval for spouse or dependent illness is not required. * For purposes of this policy, a dependent is one who is a dependent pursuant to IRS regulations.

4. ALTERNATIVE WORK SCHEDULES (All employees)
The City believes that alternative work schedules are viable options to meet personal needs in areas such as child care and transportation where such schedules continue to meet the operational needs of the department.

Individual employees may request alternative work schedules which meet their personal needs and the operational requirements of the department. Alternative schedules may be different daily work hours or a different work week. Approval for reasonable alternative work schedules is subject to the operational needs of the department as determined by the Department Head. The continuation of such schedules shall be subject to Department Head review with reasonable input from affected employees.

5. JOB SHARING (All Employees)
The City recognizes that job-sharing may facilitate the balancing of employees' personal needs with their job responsibilities. As a result, the City encourages Department Heads to attempt to accommodate requests for job-sharing subject to the operational needs of the department as determined by the Department Head.

An employee may request that his/her full-time position be redefined as a job-sharing position to be filled by two permanent part-time employees. Requests for job sharing positions shall be submitted to the Department Head and require final approval by the City Administrator and City Council.

Job sharing positions may be discontinued at the discretion of the Department Head, with 30 days notice to affected employees.

6. PART-TIME WORK (All employees)
An employee may request to work on a part-time basis. A request to work part-time for a limited duration is subject to the operational needs of the department as determined by the Department Head. The Department Head may grant part-time assignments of limited duration. Extensions of part-time assignments will be considered upon employee request.

All part-time assignments may be periodically reconsidered by the Department Head. If the Department Head determines additional hours are required in the position, the employee will be given thirty days notice of the requirement to work increased hours.

Appendix B- Family Friendly Policies
Part-time assignments must be a minimum of 20 hours per week. Part-time regular employees receive insurance benefits and paid leave benefits prorated based on the number of hours worked.

To change an employee from full-time to part-time status requires a Personnel Action Form (PAF) and notification to the Personnel Office.

7. AT-HOME WORK (All employees)
With prior approval of the Department Head and review by Risk Management, an employee may request to work at home on a limited-term basis. All requests will be subject to the operational needs of the department as determined by the Department Head. Increased City liability including safety and workers' compensation issues will be closely reviewed prior to granting at-home work requests.

Requests for work schedules which include working at home for part of the regular work week may be submitted to the Department Head. Authorization for such schedules for either a predetermined or indefinite length of time will be made based on the following criteria:
a) the operational needs of the department work site must be met adequately; b) the job duties must be such that work can be accomplished at home; c) proper equipment and supplies necessary to the job assignment can be provided at reasonable cost; d) sufficient measures of productivity can be determined; e) efficient and effective methods can be established for supervisory review of work assignments; f) the employee can be contacted at home during predetermined work hours.

Plans for meeting each of these criteria should be submitted in writing to the Department Head for evaluation.

Once approved, at-home work schedules are subject to periodic review and may be discontinued at the discretion of the Department Head, with fourteen (14) days notice to the employee.

Memorandum of Understanding- General Bargaining Unit:

Appendix C- Drug And Alcohol Testing Policy- General Unit

APPENDIX C

CITY OF SANTA BARBARA

DRUG AND ALCOHOL TESTING POLICY
FOR

GENERAL UNIT EMPLOYEES
Appendix C- Drug And Alcohol Testing Policy- General Unit

CITY OF SANTA BARBARA

DRUG AND ALCOHOL TESTING POLICY

FOR GENERAL UNIT EMPLOYEES
This policy sets forth the rights and obligations of the covered employees. You should familiarize yourself with the provisions of this policy BECAUSE COMPLIANCE WITH THIS POLICY IS A CONDITION OF YOUR EMPLOYMENT.

If you are an employee covered by this policy, you should be aware that you are still required to comply with the provisions of the City's Drug and Alcohol Free Workplace Policy (ATTACHMENT A) that was adopted by the City Council on August 21, 1990. The obligations and requirements set forth below are in addition to existing obligations and requirements set forth in the Drug and Alcohol Free Workplace Policy.

A. EMPLOYEE QUESTIONS
Employees shall refer any questions regarding rights and obligations under this policy to Human Resources or to the union.

B. COVERED EMPLOYEES
Employees in the job classifications represented by SEIU, Local 620 in the General Employees Bargaining Unit that are not covered under the CITY OF SANTA BARBARA DRUG AND ALCOHOL TESTING POLICY

PURSUANT TO DEPARTMENT OF TRANSPORTATION REGULATIONS
C. PROHIBITIONS
The following conduct is prohibited and may result in discipline, up to and including termination:

1. The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
a. in the workplace;
b. while on City time;
c. in City vehicles or facilities except as defined in City’s facilities use policies; d. prior to coming to work, so that the employee’s performance is impaired.

2. Reporting for duty or remaining on duty while having an alcohol blood concentration level of

0.08 or greater.

3. Being on duty or operating a vehicle on duty while possessing alcohol.

4. Using alcohol while on duty.

5. Reporting for duty or remaining on duty when the employee used any controlled substances, except if the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform their job.

6. Reporting for duty or remaining on duty if the employee tests positive for controlled substances.

7. Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in Appendix C- Drug And Alcohol Testing Policy- General Unit the same manner as an employee who tested 0.08 or greater on an alcohol test or tested positively on a controlled substances test.

A refusal to submit to an alcohol or controlled substances test required by this Policy includes, but is not limited to:
a. A refusal to provide a urine sample for a drug test; b. An inability to provide a urine sample without a valid medical explanation; c. A refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test;
d. An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation;
e. Tampering with or attempting to adulterate the urine specimen or collection procedure;
f. Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested (the time allotted shall be reasonable. In most cases the City will provide transportation to and from the collection site.);
g. Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall determine whether to send the employee for a post-accident controlled substances and/or alcohol test was not obtained.

D. CIRCUMSTANCES UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON COVERED EMPLOYEES.

1. Pre-Employment Testing
All applicants for City employment may be required to submit to pre-employment/pre-duty drug testing. This applies to initial appointment as a classified employee only, and not to promotion within the service.

Note: there is no pre-employment alcohol test.

2. Post-Accident Testing
Post-accident drug and alcohol testing will be conducted on employees following an accident.

Alcohol: Post-accident alcohol tests shall be administered within two hours following an accident and no test may be administered after eight hours.

Drug: A post-accident drug test shall be conducted within eight (8) hours following the accident
An accident occurs when as a result of an incident involving a vehicle operated by a covered employee:
(1) any individual(s) receives an injury(s) requiring immediate hospital treatment ,or (2) there is a recommendation by an on scene paramedic or medical professional that individual(s) involved in the accident should see a physician for injury(s) arising out of the accident.

Appendix C- Drug And Alcohol Testing Policy- General Unit

3. Return To Duty / Follow-up Testing:

A covered employee who has violated any of the prohibitions of this policy (See Section C) may be required to submit to a return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol concentration of less than 0.08 or a verified negative result on a controlled substances test.

E. EMPLOYEE RESPONSIBILITIES
An employee must notify his/her department head of all alcohol or criminal drug statute convictions no later than 5 days after such conviction.

An employees must notify his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfere with the safe and effective performance of duties or operation of City equipment (See Attachment A, Article III, Section 3).

Any employee who thinks he/she may have an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City’s Employee Assistance Program (EAP) counselor. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.

F. MANAGERS’ AND SUPERVISORS’ RESPONSIBILITIES

1. Managers and supervisors are responsible for enforcement of this policy and will inform the Department Head and the Human Resources Manager of any violations.

2. Employees who may have a suspected alcohol or drug use problem should be encouraged to voluntarily seek confidential assistance from the City’s Employee Assistance Program (EAP).

3. When an employee is involved in an accident, managers and supervisors shall prevent the employee from engaging in further work, remove the employee from the workplace, and then send the employee for a drug and/or alcohol tests within the timelines outlined in Section D. 2 above.

4. When it is suspected that an employee may have illegal drugs or is under the influence of illegal drugs, managers and supervisors may notify the appropriate law enforcement agency.

G. PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND ALCOHOL

1. Alcohol Testing:

Alcohol testing will be conducted by using an evidential breath device (EBT) approved by the National Highway Traffic Safety Administration. (Non-EBT devices may be used for initial screening tests.)
A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted. A positive test for alcohol means a confirmed alcohol concentration of 0.08 or more.

The procedures that will be utilized by the collection and testing of the specimen shall be the same as those required under the City Of Santa Barbara Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations (49 CFR 40).

Appendix C- Drug And Alcohol Testing Policy- General Unit

2. Drug Testing:

Drug testing will be conducted pursuant to the same requirements as those required by the City Of Santa Barbara Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations (49 CFR Part 40).
a. The urine specimen will be split into two (2) bottles labeled as: primary" and "split" specimen. Both bottles will be sent to the lab;
b. A positive test means a test that is positive for controlled substances under the Federal D.O.T. Urine Specimen Testing Levels (Current levels ATTACHMENT B).

If the urinalysis of the primary specimen tests positive for the presence of controlled substances, the employee has seventy-two (72) hours to request that the split specimen be analyzed by a different certified lab at the employee's cost. c. The urine sample will be tested for the following: marijuana, cocaine, opiates, amphetamines, and phencyclidine;
d. If the test is positive for one or more of the drugs, a confirmation test will be performed using gas chromatography/mass spectrometry analysis; e. All drug results will be reviewed and interpreted by a physician before they are reported to the employee and then to the City;
f. With all positive drug tests, the physician (a.k.a. Medical Review Officer) will first contact the employee to determine if there is an alternative medical explanation for the positive test result. If documentation is provided and the MRO determines that there was a legitimate medical use for the prohibited drug, the test result may be reported to the City as "negative."

3. Confidentiality:

The confidentiality of records shall be maintained in the same manner as set forth in the City Of Santa Barbara Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations.

H. CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST:

FAILING A PRE-EMPLOYMENT DRUG TEST WILL BE GROUNDS FOR REJECTION FROM EMPLOYMENT.

UPON FAILING A POST-ACCIDENT ALCOHOL AND/OR DRUG TEST THE EMPLOYEE:

1. Will be removed from driving or operating any heavy or dangerous equipment;

2. May be disciplined up to termination. Failing/refusal to take a controlled substances/alcohol test may result in disciplinary action, up to and including termination.

3. May be allowed to sign a last chance agreement as an alternative to discipline which could require the employee to undergo treatment to cure his/her alcohol or drug abuse and be tested periodically. Generally, an employee who tests positive and has not been found to be using alcohol or drugs on-duty will be offered a last chance agreement. The City does not pay for this examination or any treatment. However, if the exam and/or treatment is covered by the employee's insurance policy, the employee may use the insurance policy to (help) pay for the covered expenses.

Appendix C- Drug And Alcohol Testing Policy- General Unit

4. The employee may use accumulated vacation, personal leave, overtime or leave without pay while undergoing treatment/rehabilitation

5. The employee may use sick leave only when participating in a medically supervised/approved residential rehabilitation program or during the first ninety (90) days of a medically supervised/approved outpatient rehabilitation program.

6. May not be returned to his/her position until the employee submits to a return-to-duty controlled substances and/or alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less than 0.08 or a negative result on a controlled substances test;

7. May be required to submit to unannounced follow-up testing after he/she has been returned to his/her safety-sensitive position.

J. EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City has established an Employee Assistance Program to help employees who need assistance with alcohol and controlled substance abuse. Employees are encouraged to contact the City’s Benefits Office for the number of the current EAP provider.

Appendix C- Drug And Alcohol Testing Policy- General Unit Attachment A- Drug and Alcohol Free Workplace Policy
LCW_DMS\SA390\038\9254134.v2-5/7/20
1 RESOLUTION NO. 90-141

A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA

BARBARA, ADOPTING A DRUG AND ALCOHOL FREE WORKPLACE
POLICY.

WHEREAS, The Federal Drug Free Workplace Act of 1988 requires the adoption of a drug free workplace policy, and
WHEREAS, the presence of drugs and alcohol on the job, and the influence of these substances on employees during working hours jeopardizes the safety of employees, the public, and the efficiency of City operations; and
WHEREAS, the City wants to establish a drug and alcohol free workplace;

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

That the attached Drug and Alcohol Free Workplace Policy be adopted.

Adopted August 21, 1990
Appendix C- Drug And Alcohol Testing Policy- General Unit 8-17-90

CITY OF SANTA BARBARA

DRUG AND ALCOHOL FREE WORKPLACE POLICY
I. PURPOSE
The City of Santa Barbara, in its efforts to provide a drug and alcohol free environment, has adopted this Drug and Alcohol Free Workplace Policy. It is the purpose of this policy to eliminate alcohol and drug abuse by City Employees and its effects in the workplace. The presence of drugs and alcohol on the job and the influence of these substances on employees during working hours jeopardizes the safety of employees, the public, and the efficiency of City operations. It is the intent of the City, in adopting this policy, to meet the requirements of the Drug Free Workplace Act of 1988 (41 U.S.C. Section 701-707).

II. POLICY
In recognition of the duties entrusted to the employees of the City of Santa Barbara and with knowledge that drugs and alcohol hinder a person's ability to perform job related duties safely and effectively, the City of Santa Barbara adopts the following policy:

1. The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
a. in the workplace;
b. while on City time;
c. in City vehicles or facilities except as defined in City's facilities use policies; d. prior to coming to work, so that the employee's performance is impaired.

2. The City is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as handicapped, under federal law.

3. The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems (as well as for a variety of other personal problems). Employees may seek confidential assistance from the EAP counselor.

III. APPLICATION

1. This policy applies to all full time, part time and temporary employees, and to all applicants for positions with the City. This policy applies to alcohol and all substances, drugs or medications, legal or illegal, which impairs an employee's ability to effectively and safely perform his/her job duties.

2. A copy of this policy will be provided to all City employees.

3. A drug-free awareness program will be established to inform employees of the dangers and penalties of drug use in the workplace and of available counseling, rehabilitation and employee assistance programs.

Appendix C- Drug And Alcohol Testing Policy- General Unit

4. Violations of the policy may result in disciplinary action being taken, up to and including termination, in addition to possible criminal penalties or refusal to hire an applicant.

IV.EMPLOYEES RESPONSIBILITIES
An employee:

1. Must not report to work, or be subject to scheduled duty while his/her ability to perform job duties is impaired due to on or off duty alcohol or drug use.

2. Must not use, possess, manufacture, dispense or distribute drugs or alcohol a. in the workplace;
b. on City time;
c. in City vehicles or facilities except as defined in City's facilities use policies; d. prior to coming to work, so that the employee's performance is impaired.

3. Must notify his/her supervisor, before beginning work, when drugs (prescription or nonprescription) may interfere with the safe and effective performance of duties or operation of City equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using prescribed drug, authorization from a qualified physician may be required.

4. Must notify his/her department head of any criminal drug or alcohol statute conviction, for a violation occurring in the workplace, no later than five (5) days after such conviction.

5. A safety employee must notify his/her department head of all alcohol or criminal drug statute convictions, no later than five (5) days after such conviction.

6. Who thinks he/she may have an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor.

It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.

V. MANAGERS AND SUPERVISORS RESPONSIBILITIES AND GUIDELINES

1. Managers and supervisors are responsible for enforcement of this policy and will inform the Department Head and the Human Resources Manager of any violations.

2. Employees who may have a suspected alcohol or drug use problem should be encouraged to voluntarily seek confidential assistance from the City's Employee Assistance Program (EAP).

3. When it is suspected that an employee is under the influence of drugs or alcohol at the workplace, managers and supervisors shall prevent the employee from engaging in further work, remove the employee from the work place, consult with another manager or supervisor to confirm their suspicions, and then, take appropriate action. The employee shall be informed that a union representative or shop steward could be notified, at the employee's request. Managers and supervisors may notify the appropriate law enforcement agency.

4. When it is suspected that an employee may have illegal drugs or is under the influence if illegal drugs, managers and supervisors shall notify the appropriate law enforcement agency.

Appendix C- Drug And Alcohol Testing Policy- General Unit

5. For employees working on programs receiving federal grant money, the City shall:
a. notify the Federal contracting agency within ten (10) days after receiving notice of an employee's criminal drug statute conviction occurring in the workplace. (41 U.S.C. Section 701-717)
b. impose a sanction, or require the satisfactory participation in a drug abuse assistance or rehabilitation program for any employee who is convicted of a criminal drug statute violation occurring in the workplace. (41 U.S.C. Section 701-707)
Appendix C- Drug And Alcohol Testing Policy- General Unit Attachment B- Drug Specimen Levels
LCW_DMS\SA390\038\9254134.v2-5/7/20
Federal D.O.T. Urine Specimen Testing Levels
From 49 CFR Part 40 Subpart F
All cutoff concentrations are expressed in nanograms per milliliter (ng/mL). The table follows:

Type of Drug or Metabolite Initial Test Confirmation Test (1) Marijuana metabolities
(i) Delta-9-tetrahydrocannabinol-9-
caroxylic acid (THC)
50 15

(2) Cocaine metabolities
(Benzoylecgonine)
300 150
(3) Phencyclidine (PCP) 25 25
(4) Amphetamines
(i) Amphetamine
(ii) Methamphetamine
1000
500
500
(Specimen must also contain
amphetamine at a concentration of
greater than or equal to 200
ng/mL.)
(5) Opiate metabolities
(i) Codeine
(ii) Morphine
(iii) 6acety1morphine
2000
2000

2000

10 Test for 6-AM in the specimen.

Conduct this test only when
specimen contains morphine
at a concentration greater than
or equal to 2000 ng/mL.

CITY OF SANTA BARBARA ADMINISTRATIVE
POLICIES:
9/80 WORK SCHEDULE POLICY
Appendix D
Policy No. TBA
Issued by: Barbara Barker, Human Resources Manager Adopted: 5/8/2007 Updated: 5/8/2007
Memorandum of Understanding- General Bargaining Unit
Appendix D- 9/80 Work Schedule Policy
LCW_DMS\SA390\038\9254134.v2-5/7/20
PURPOSE:

To set forth the City of Santa Barbara’s policy and procedures governing the establishment and administration of an alternate work schedule commonly referred to as “9/80’s”.

This policy is intended to complement the provisions of the City of Santa Barbara’s “FlexWork Policy” and “Child Care Personnel Policies”. However, in the event of a conflict between those provisions and this policy, this policy shall control for all purposes.

POLICY:

The 9/80 alternate work schedule may be the standard assigned schedule for a position or work unit, or may be granted, at the employee’s request, as an alternative work schedule under the City’s FlexWork Program or Childcare Personnel Policies (also called “Family Friendly Policies”). The guidelines set forth in this policy will apply to any employee working a 9/80 schedule.

DEFINITIONS:

1. 9/80 Alternate Work Schedule
The 9/80 alternate work schedule shall consist of eight (8) work days of nine (9) hours and one work day of eight (8) hours for a total of eighty (80) hours during two (2) consecutive work weeks. For non-management employees, the eight (8) hour work day must be on the same day of the week as the employee’s regular Flex Day Off (FDO).

Under the 9/80 schedule, one calendar (e.g, Saturday-Friday) week shall consist of 44 work hours (four 9-hour days and one 8-hour day) and the alternating calendar week will consist of 36 work hours (four 9-hour days and one day off).

2. Flex Day Off
The Flex Day Off (FDO) shall be an eight (8) hour day and may occur on any day of the week. For non-management employees, the FDO must be the same day of the week as the employee’s 8-hour work day that occurs in the preceding and subsequent work weeks (e.g. if the employee’s regularly scheduled Flex Day Off is each alternate Friday, then the employee shall be scheduled to work eight hours the preceding and subsequent Fridays).

3. 9/80 FLSA Workweek
Under the Fair Labor Standards Act, the workweek is defined as “a fixed and regularly recurring period of seven consecutive 24-hour periods (168 hours).” When an employee is assigned to a 9/80 schedule, the 9/80 work week begins on the employee’s 8 hour day, at exactly four (4) hours after the scheduled start time and ends 168 hours later, at the same time on the same day during the following week. This results in 40 straight time hours per FLSA workweek, and 80 straight time hours per pay period.

4. City Pay Period
The City’s pay period begins at 12:00 a.m. (midnight) on Saturday, and ends immediately before the same time on Friday two weeks later. This is different than the FLSA work period for an employee on a 9/80 schedule, whose FLSA workweek may span 2 pay periods.

5. Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act is a Federal law that sets minimum wage, overtime pay, equal pay, recordkeeping, and child labor standards for employees that it covers.

6. Non-Exempt Employee
A non-exempt employee is an employee who, because of the type of duties performed, the usual level of decision making authority, and the method of compensation, is subject to the provisions of the Fair Labor Standards Act. Nonexempt employees are generally required to account for all hours worked and must be compensated at not less than time-and-one half at the regular rate for all hours worked over 40 in one FLSA workweek.

APPROVAL:

Scheduling of a 9/80 Work Schedule including the selection of the work days, work times, and the FDO, shall be done by management based on business needs, subject to the requirements of the applicable M.O.U. and/or sideletter governing the 9/80 Work Schedule.

The City and the Union agree that under certain circumstances, alternative work schedules (9/80, 4/10, and/or modified starting or ending times) may be beneficial to both employees and the City. Employees may request , upon their own initiative, consideration of an alternate schedule and/or FDO based on childcare, alternative commute, school, or other personal issues through the FlexWork Policy or Childcare Personnel Policies.

1. Changing the Flex Day Off
Once the FDO is designated, working on the FDO may incur overtime in one or more FLSA workweeks, therefore working on the FDO or making changes to the FDO requires management approval.

Temporary changes to the FLSA workweek and/or the FDO to avoid overtime are not permitted.

2. Working on the 8 Hour Day
Once the 9/80 schedule begins, working an alternate schedule on the 8 hour work day may incur overtime liability* in one or more FLSA workweeks. Therefore, altering an employee’s schedule on the 8 hour day requires management approval. (*e.g., if an employee scheduled to work from 8-5 comes in 7-4 instead, one work week will incur 1 hour of overtime, and the employee will be short an hour in the next work week and need to use leave balances.)
HOLIDAYS, PERSONAL TIME OFF AND JURY DUTY:

1. Holidays
Employees on a 9/80 work schedule who are eligible for holiday pay will be entitled to the same Holiday pay as employees on a 10/80 (40 hour) work schedule. Paid holiday time is awarded based on regularly scheduled work day hours per holiday.

When the holiday is observed on the employee’s FDO, the employee will accrue an additional 8-hour holiday day off. If required under the applicable M.O.U., such day off shall be taken within thirty (30) calendar days or shall be compensated at straight pay after the 30th day.

2. Personal Leave and Bereavement Leave
Employees on a 9/80 work schedule who are eligible for personal and/or bereavement leave will be entitled to the same Personal Leave and/or Bereavement pay as employees on a 10/80 (40 hour) work schedule. Personal Leave and Bereavement pay are granted to full-time employees in amounts equivalent to 8 hour days (e.g., the employee will be eligible for a total of up to 32 hours of personal leave and up to 40 total hours of bereavement leave). Personal Leave and Bereavement pay are charged at nine (9) hours for time taken on a scheduled nine hour day and (8) hours for time taken

3. Vacation, Sick, Compensatory Time, PTO, etc.

Time off from work using accrued vacation, sick, PTO, or other paid leave banks will be charged at nine (9) hours for time taken on a scheduled nine hour day. Time off from work on the eight (8) hour work day will be charged at eight (8) hours.

4. Jury Duty
An employee shall not be entitled to jury duty pay, or to overtime pay or compensatory time off for jury duty on the FDO. However, an employee on an absence exceeding one week for jury duty, military duty, etc. may request to temporarily switch back to a regular 10/80 schedule. The transition guidelines below will apply to approval of such request to transition to the 40-hour schedule (Section F2, below) or back from the 40-hour schedule (Section F1, below).

OVERTIME:

1. Overtime Earned
When an overtime-eligible employee is on a 9/80 work schedule, overtime for hours exceeding 40 in a workweek, both under the FLSA and as provided under any applicable M.O.U., will be based on the FLSA workweek. In other words, employees who are eligible for overtime shall receive overtime pay or compensatory time off for hours worked in excess of 36 or 44 hours in their respective scheduled (e.g., SundayFriday) calendar workweek.

Employees may also be eligible for overtime or compensatory time for other hours in excess of the regular 9/80 work schedule, as provided under the applicable M.O.U.

2. Overtime Paid
The 9/80 FLSA workweeks will not generally correspond with the City’s pay periods.

Therefore, where adjustments to overtime compensation cannot be calculated until the completion of the employee’s workweek (e.g., when they occur in the last half of the 8 hour day), a one pay period’s delay in the employee receiving the additional compensation may occur.

CITY OF SANTA BARBARA ADMINISTRATIVE
POLICIES:
9/80 WORK SCHEDULE POLICY
Policy No. TBA
Issued by: Barbara Barker, Human Resources Manager Adopted: 5/8/2007 Updated
Appendix D- 9/80 Work Schedule Policy
TRANSITIONING TO OR FROM A 9/80 WORK SCHEDULE
When an employee transitions from a 10/80, 4/10, or other 40-hour per week work schedule to a 9/80 work schedule, there will be a change to the beginning of the FLSA workweek. This results in a situation in which 4 hours fall in both the old workweek and the new workweek. The following procedures are designed to avoid an overtime obligation during this change. Any deviation from these procedures must be approved in advance by management.

1. Transitioning to a 9/80 Work Schedule
For a non-management employee, the transition to a 9/80 work schedule will be set to begin during a 36-hour calendar workweek, when an FDO occurs. Four hours in the new FLSA workweek will overlap with the prior 40 hour calendar work week, but because the following calendar week will contain 36 hours, this will result in 40 hours of straight time in the first new FLSA work week.

2. Transitioning to a normal 40 hour Work Schedule
For a non-management employee, the transition back to a normal 40-hour work week (e.g. “10/80” or “4/10”) from a 9/80 work schedule will be set to begin the week following a 36-hour calendar work week. This will result in 40 hours of straight time in both the prior FLSA 9/80 work week and the new regular FLSA calendar work week.

While this change will not lead to overtime, this will result in the employee working only 72 hours in the pay period in which the change occurs. Employees must use 4 hours from their available leave banks to make up this time not worked. [To avoid this result, management would need to approve the employee to work an additional 4 hours during that pay period, recognizing that those hours will be paid at the overtime rate.] Memorandum of Understanding- General Bargaining Unit: Appendix E- Resident Parks Caretakers LCW_DMS\SA390\038\9254134.v2-5/7/20
AGREEMENT BETWEEN THE CITY OF SANTA BARBARA (“THE
CITY”) AND THE SANTA BARBARA CITY EMPLOYEES'
ASSOCIATION, LOCAL 620 SERVICE EMPLOYEES'
INTERNATIONAL UNION, AF OF L, CIO (“THE UNION”) REGARDING

TERM AND COMPENSATION OF RESIDENT PARKS CARETAKERS
Whereas, City owns several residential units on City park property that serve as caretaker residences;
Whereas, City wishes to lease such residential units to qualified City employees (“The Caretakers”);
Whereas, City and Union wish to document the terms and conditions of the employer-employee relationship incidental to these residential leases;
Now, therefore, City and Union enter into this agreement concerning the terms and conditions of employment of City park caretakers who are represented by Union. 1) Lease Agreement. Any Caretaker who is required or allowed to occupy a residential unit on City park property shall execute a lease agreement with the City. The lease agreement shall govern the landlord-tenant relationship between the City and the Caretaker. Any rent charged for the residential unit shall not exceed the maximum monthly amount allowed under section 10 of California Wage Order 4-2001, or any successor wage order (. Nothing in this Agreement or any Memorandum of Understanding between the City and the Union shall interfere with the enforcement of any of the provisions of the lease agreement between the City and the Caretaker. City and Union do hereby agree that City is not obligated to meet and confer with Union prior to enforcing any provision of the lease agreement including, but not limited to, termination of the lease. Furthermore, the Caretaker shall not have grievance rights regarding the terms, conditions and covenants of the lease agreement. 2) Letter Agreement. This Agreement shall govern the employer-employee relationship between the City and Caretaker. The terms of this Agreement shall supplement the terms of any adopted Memorandum of Understanding between City and Union applicable to the Caretaker’s employment. The terms of the Lease Agreement do not govern the employer-employee relationship.

Incident to their residence in City parks, Caretakers may be required or allowed to perform miscellaneous services (“Caretaker Services”) including, but not limited to:
a. Skofield Park – opening and closing park entrances, custodial services in park restrooms, park monitoring, special event monitoring and responding to security violations by observing and reporting incidents of fire, accidents, vandalism, illegal dumping, unauthorized camping or other illegal or unauthorized activity; protecting park property from damage and receiving comments and complaints from neighbors and park users. Caretaker to conduct a daily site walk of the property and maintain a log of all time spent on caretaker services. b. Franceschi Park – opening and closing park entrances, custodial services in park restrooms, park monitoring, and responding to security violations by observing and reporting incidents of fire, accidents, vandalism, illegal dumping, unauthorized camping or other illegal or unauthorized activity; protecting park property from damage and receiving comments and complaints from neighbors and park users. Caretaker to conduct a daily site walk of the property and maintain a log of all time spent on caretaker services. c. Douglas Family Preserve – park monitoring, and responding to security violations by observing and reporting incidents of fire, accidents, vandalism, illegal dumping, unauthorized camping or other illegal or unauthorized activity; protecting park property from damage and receiving comments and complaints from neighbors and park users. Caretaker to conduct a daily site walk of the property and maintain a log of all time spent on caretaker services.

Appendix E- Resident Parks Caretakers
LCW_DMS\SA390\038\9254134.v2-5/7/20
3) Services Only Required During Work Hours, No Standby Time. All required Caretaker Services shall be assigned as part of the Caretaker’s normal work hours. Outside the Caretaker’s normal work hours, the Caretaker shall not be required to be on the park property or to be available to perform Caretaker Services at any time. Time spent on park property outside the Caretaker’s normal work hours shall not be considered hours worked and shall not be subject to standby pay. 4) Services Outside Normal Work Hours Permitted. Notwithstanding the assignment of work hours in section 3 above, if the Caretaker is on the park property outside the Caretaker’s normal work hours and the Caretaker becomes aware of a situation that requires immediate attention in order to protect public safety or public or private property, the Caretaker may, but is not required to, attend to the situation. Any such work shall be compensated in accordance with the wage specified in section 5 below.

The Caretaker is not entitled to call- back time or shift differential pay for the services described in this section. City reserves the right to prospectively limit the number of hours spent on such caretaker duties outside of normal work hours.
5) Pay for Services Outside Normal Work Hours. If the Caretaker performs any Caretaker Services outside the Caretaker’s normal work hours, the Caretaker shall be compensated at minimum wage for caretaker services. Overtime will be calculated as required by law based on the employees “weighted average" rate which is determined by dividing total earnings for the workweek, including earnings during overtime hours, at the straight time rate, by the total hours worked during the workweek, including the overtime hours. For example: 40 hours at $10.00 an hour for regular employment plus 2 hours at $6.75 an hour as a Caretaker yields an overtime rate of $9.85 per hour ($413.50, divided by 42 hours).
6) Compensation for Services Outside Normal Work Hours Applied First Against Rent. All compensation for Caretaker Services Outside Normal Work Hours described in Sections 4 and 5 shall first be applied as a credit against the rental value of the Caretaker residence (currently $381.20).

If the rent credit for any calendar month is exhausted, the Caretaker will be compensated for the additional Caretaker Services as a cash payment. If the Caretaker does not perform Caretaker Services equaling the rental value of the Caretaker residence, the remainder of rent will be forgiven by the City. 7) Caretaker Services Log. The Caretaker shall keep a detailed log of all Caretaker Services performed. Caretaker shall present a copy of this log to the Caretaker’s supervisor monthly. 8) Three Year Assignment. Union agrees that the Caretaker assignment (and tenancy) shall generally be limited to a three-year term. At the conclusion of the three-year term, the Parks and Recreation Director may replace the Caretaker with another qualified Parks and Recreation Department employee who is able to perform the essential caretaker functions, or the City and the incumbent tenant may enter into a new three-year assignment and Lease Agreement. [This section will not apply to Steve Spencer]
Memorandum of Understanding- General Bargaining Unit: Appendix F- Holiday Closure Plan LCW_DMS\SA390\038\9254134.v2-5/7/20
Appendix F

HOLIDAY CLOSURE PLAN
General Unit
The City may implement a holiday closure for some or all operations with employees using paid leave, unpaid time, or working, consistent with the plan included below.

Employees will receive pay for normal legal holidays (Christmas Day and New Year’s Day) as usual. The City reserves the right to cancel the Holiday Closure, and/or to call some or all available employees back to work in the event of a crisis or emergency.

EFFECT ON EMPLOYEES:

Employees in operations that close for the holiday closure period will have several options for their normal workdays. They may choose to:
1) Take accrued paid leave. Employees may use accrued leave from their vacation, personal leave, or compensatory time balances.
2) Take voluntary leave without pay. Employees who prefer leave without pay for all or part of the time may have the portion of time they were on unpaid leave spread over the remaining pay periods paid in the fiscal year, beginning the first pay period in which the unpaid leave is taken. As with all unpaid leaves of absence, some benefits (such as paid time off and retirement contributions) will not accrue during the unpaid leave. However, the Holiday Closure will not affect monthly health, life or disability insurance premium contributions.

Employees who opt to spread leave without pay over the remaining pay periods in the fiscal year, will be required to reimburse the City upon termination of employment if the full value of the time off has not been recouped.
3) Work. Employees may choose to work one or more days during the Holiday Closure. Employees who wish to work during the Holiday Closure must advise their Manager no later than November 15th Work assignments during the Holiday Closure period may or may not fall within the employee’s normal job duties, hours, or location. However, consideration will be given to the employee’s normal job functions in making assignments, and such assignments will not be made for arbitrary or capricious reasons. Employees reassigned during the closure will receive a minimum of two weeks notice of the location and job function of the reassignment, and management will make reasonable efforts not to change such assignments thereafter, consistent with the needs of the City.

Some employees may be required to work during the closure. Management will make reasonable efforts to allow those employees who wish to take time off to be able to do so. Employees who wish to be off will not be denied the use of accrued paid leave unless an insufficient number of qualified volunteers are available to perform essential services.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
Planning Division, Community Development Department
Public Works Department
SUBJECT: Introduction Of An Ordinance Amending Zoning Requirements Relating To Emergency Service Antennas
RECOMMENDATION:

That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Sections

30.185.410 and 30.300.010 Relating to Telecommunication Facilities and Antennas.

DISCUSSION:

City staff is proposing amendments to Santa Barbara Municipal Code (SBMC) Sections

30.185.410 and 30.300.010, to make technical and refining amendments that reflect the recent adoption of SBMC Chapter 9.170 (regulations for small wireless facilities in the public right-of-way), to add to SBMC Title 30 the exemption for emergency service antenna that was inadvertently not carried over from Title 28 during the adoption of the new Zoning Ordinance, and to make other non-substantive revisions.

The need to amend SBMC Section 30.185.410 Telecommunications Facilities and Antennas arose during development of plans for the proposed new Santa Barbara Police Department facility, which requires installation of emergency service antennas as an essential component of the Project. Title 28, the City’s Coastal Zoning Ordinance, identifies emergency service antennas as a permitted use in all zones; however, Title 30, the City’s Inland Zoning Ordinance applicable to all property outside of the coastal zone, does not address how to treat emergency service antennas. It appears that this was an oversight when Title 30 was drafted.

Staff proposes correcting the omission of emergency service antennas from SBMC section 30.185.410 by treating them as exempt antennas similar to amateur or citizen’s band antennas and subject to the same height limitations. Staff also proposes that a Agenda Item No. 3
File Code No. 640.09
Council Agenda Report
Introduction Of An Ordinance Amending Zoning Requirements Relating To Emergency Service Antennas
June 14, 2022

Page 2 ends

greater height for emergency service antennas may be approved by the Community Development Director upon a determination that greater height is reasonably necessary for effective emergency service communications and will not cause a significant impact on public views.

Staff also proposes other technical and refining amendments to provide definitions that are consistent with adopted SBMC Chapter 9.170 (relating to small wireless facilities in public rights-of-way) and modern usage, to clarify the permitting process, and to reformat SBMC Section 30.185.410 to better align with the rest of Title 30.

On May 12, 2022, the Planning Commission considered the proposed amendments and found that they were consistent with the General Plan, and forwarded a unanimous recommendation to City Council to adopt the proposed amendments. The City Attorney’s Office has determined that the proposed amendments are ministerial and non-substantive in nature as provided in SBMC Section 2.05.050 J.

ENVIRONMENTAL REVIEW:

The proposed ordinance amendments are exempt from further environmental review under California Environmental Quality Act Section 15305 Minor Alterations in Land Use Limitations. SBMC Chapter 22.100, Environmental Review, identifies the adoption or amendment of land use or development ordinances, regulations, standards, or guidelines that substantially maintain existing land use intensity or density as activities that fall within the Section 15305 exemption class. None of the exceptions to use of the Categorical Exemption apply to the project.

BUDGET/FINANCIAL INFORMATION:

There is no anticipated budgetary or financial impact associated with the proposed recommendation.

ATTACHMENT: Planning Commission Staff Report, May 12, 2022 PREPARED BY: Daniel S. Hentschke, Assistant City Attorney SUBMITTED BY: Clifford M. Maurer, Public Works Director Ariel Calonne, City Attorney
APPROVED BY: City Administrator’s Office

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COUNCIL INTRODUCTION DRAFT
SHOWING CHANGES FROM CURRENT CODE 06/14/22
1 ORDINANCE NO. ________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE MUNICIPAL CODE
BY AMENDING SECTIONS 30.185.410 AND 30.300.010

RELATING TO TELECOMMUNICATION FACILITIES

AND ANTENNAS

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

SECTION 1. Section 30.185.410 of Chapter 30.185 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

30.185.410 Telecommunications Facilities and Antennas.

A. Purpose. These regulations are intended to protect the health, safety, and welfare of persons living and working in the City, preserve the aesthetic values of the City, and allow for the orderly, managed, and efficient deployment of telecommunications facilities in accordance with state and federal laws, rules, and regulations.

B. Applicability.

1. This Section applies to the design, siting, construction, or modification of all new telecommunication facilities and any expansion or modification to existing facilities and antennas.

2. The following are exempt from the requirement for a
Telecommunications Permit under this Section:
a. Amateur or citizen’s band antennas meeting the height requirement in Section 30.185.410.C.1;
b. Telecommunications facilities owned and operated by the City or a joint powers agency that includes the City as a member, and meeting the height

COUNCIL INTRODUCTION DRAFT
SHOWING CHANGES FROM CURRENT CODE 06/14/22
2 requirements in Section 30.185.410.C.1;
c. Over the Air Reception Devices ("OTARD") antennas;
d. Small wireless facilities located in the public right of way in compliance with Chapter 9.170 of this Code;
e. Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement.

3. This Section does not exempt a project from other approvals or permits that may be required by other provisions of this Code, or state or federal agencies.

C. Design and Development Standards.

1. Maximum Height. Telecommunications Facilities and all related equipment shall not exceed the maximum height limits in the zone, measured at the highest point above grade, except the maximum height for antennas, antenna towers, antenna supports, masts, or related facilities shall be the following:
a1. Amateur or Citizens’ Band or Emergency Service Antennas.

The height of Amateur or Citizen’s Band or Emergency Service Antennas transmitting or receiving antennas and related screening used in the Amateur Radio Service or the Citizen’s Radio Service by licensed amateur or citizen’s band radio operators shall not exceed the following:
a. Antenna Tower. The height of an Antenna Tower shall not exceed the following:
i. Residential, O-R, O-M, and P-R, and C-R Zones: 65
feet.

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3 ii. O-R, O-M and C-R Zones: 85 feet.
iii. C-G, M-C, M-I, and Coastal-Oriented Zones: 100 feet. iv. Height Exception for Emergency Service Antennas: A
greater height for Emergency Service Antennas may be approved by the Community Development Director, upon a determination that greater height is reasonably necessary for effective emergency service communications and will not cause a significant impact on public views.
b2. Other Antennas. The height of all other antennas shall not exceed the following:
a. Antennas Attached to Existing Buildings. Antennas and related screening placed on an existing building shall not exceed 15 feet in height above the highest point of the building.
b. Antennas Not Placed on Existing Buildings. The height of antennas and related screening which are not placed on existing buildings shall not exceed the following:
i. RS, R-2, and P-R Zones: 45 feet.
ii. R-M, R-MH, O-R, O-M, and C-R Zones: 55 feet.
iii. C-G, M-C, M-I, and Coastal-Oriented Zones: 70 feet. c. Structure-Mounted Antenna in Any Zone: Antennas and
related screening may exceed the basic height limitations above provided that it is placed on an existing building and the top of the antenna is no more than 15 feet above the highest point of the building roof or roof parapet.

2. Setbacks. Telecommunication facilities and all equipment and

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4 screening must conform to the setback standards of the applicable zone.

D. Telecommunications Permit.

1. Required Permits. A Telecommunications Facility requires a Telecommunication Permit as provided in paragraphs 2 or 3 of this Subsection unless the facility is exempt under Subsection B.2. of this Section.

2. Administrative Telecommunications Facility Permit. An Administrative Telecommunications Facility Permit, subject to the Director's approval, may be issued for new non-exempt telecommunications facilities, or collocations, or modifications to existing facilities that meet one of the following criteria:
a. The facility qualifies as an “Eligible Facilities Request”, as defined in Section 30.300.010 of this Title, provided there is no substantial change in the visual appearance or any increase in radio frequency emission levels; or b. A small cell wireless facility, as defined in Section 30.300.010 of this Title, provided the project has been reviewed by the appropriate Design Review body and found to have no significant visual impacts; or c. Any other facility provided that:
i. The project has been reviewed by the appropriate
Design Review body and found to have no significant visual impacts; and ii. The Director determines that the facility will be located in a manner that will not cause a significant impact on biological or archeological resources.

The Design Review body may take action regarding the location of the antennas on the site, color, and size of the proposed antennas so as to minimize any adverse visual

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5 impacts. If the Director determines that any application submitted for an Administrative Wireless Telecommunications Facility Permit does not meet the criteria, the Director shall refer it to the Planning Commission for a Conditional Use Permit. Additional submittal materials may be required.

B. Exempt Telecommunications Facilities. The following Telecommunication Facilities are permitted uses in all zones and exempt from the requirement of a Conditional Use Permit under this chapter.

1. Repairs and Maintenance. Repairs and maintenance of existing facilities, whether emergency or routine, or replacement of transmitters, antennas, or other components of existing permitted facilities, provided there is little or no change in the visual appearance or any increase in radio frequency emission levels.

2. Satellite Dish Antennas. Satellite Dish Antennas designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite.

3. Cellular Telephone or Paging Antennas. One or more cellular telephone antennas or paging antennas, provided that the Community Development Director makes the following findings.
a. No Resource Impacts. The project will have no significant impact on any biological or archeological resources and will not generate additional traffic.

Additional data or other evidence in support of this finding may be required. b. No Visual Impacts. The project has been reviewed by the appropriate Design Review body. The appropriate Design Review body may take action regarding the location of the antenna(s) on the site, color and size of the proposed antennas so as to

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6 minimize any adverse visual impacts.

4. Microcell. A microcell, provided it has been reviewed by the appropriate Design Review body. The appropriate Design Review body may take action regarding the location of the antenna(s) on the site, color and size of the proposed antennas so as to minimize any adverse visual impacts.

5. Amateur or Citizen’s Band Antennas. Amateur or Citizen’s Band Antennas meeting the height requirement in Section 30.185.410.A.1 above.

C. Conditional Use Permit Required. Except as provided in Subsection

30.185.410.B, Exempt Telecommunications Facilities, Telecommunications Facilities may only be allowed where the Review Authority finds that:

3. Telecommunications Facility Conditional Use Permit. A nonexempt Telecommunications Facilities that is not eligible for an administrative permit under Paragraph 2 of this Subsection is required to obtain a Conditional Use Permit approved by the Planning Commission in the manner and as required by Chapter 30.215, Conditional Use Permit. The following findings are required for issuance of a Conditional Use Permit for a telecommunication facility:
a. Shared Use of Support Structure. The applicant had made a good faith effort to demonstrate that no existing or planned support structure, including an antenna tower, is available to accommodate the proposed antenna. b. Site Size. The site is of a size and shape sufficient to provide an adequate setback from the base of the antenna support structure to any property line abutting a residential use.
c. Visual Impact. The project has been reviewed by the

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7 appropriate Design Review body. The appropriate Design Review body may take action on the location of the antenna(s) on the site, color and size so as to minimize any adverse visual impacts by requiring that the antenna and its supporting structure be designed and placed so as to be as visually unobtrusive as feasible, taking into consideration technical engineering and other pertinent factors.

SECTION 2. Section 30.300.010 of Chapter 30.300 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

Abutting. Having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting.

FIGURE 30.300.010: ABUTTING
Adjoining. See Abutting.

Accessory Building. See Building, Accessory.

Accessory Structure. See Structure, Accessory.

Accessory Use. See Use, Accessory.

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8 Addition. New construction that increases the net floor area of a structure.

Adjacent. See Abutting.

Agent. Any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities who represent or act for or on behalf of an applicant.

Agreement of Sale. Any agreement or written instrument which provides that title to any property shall thereafter be transferred for consideration from one owner to another owner.

Alley. A public or private way that is primarily used for vehicular access to the back or side of properties. Alleys typically do not meet standard requirements for City streets, which include curbs, gutters, sidewalks, or similar improvements. Typically, alleys are separated from adjacent parcels by a lot line. An alley may have an official name and may be shown on the official street map of the City of Santa Barbara.

Alteration or Remodel. Except with regard to a historic resource where “alteration” is defined in Chapter 22.22, Historic Structures, of the Santa Barbara Municipal Code, an alteration may include both interior and exterior changes and rearrangement of the physical parts of a building, structure or site development that does not result in an increase of floor area. Also called a remodel.

Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves, including devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and arranged from a generally horizontal boom. It may be mounted upon and rotatable through a vertical mast interconnecting the boom and a support for the antenna.

The same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or

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9 superseded, which defines that term as an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services.

Antenna, Amateur or Citizens’ Band. The same as defined by the FCC in 47 C.F.R. §

97.3 as may be amended or superseded, which defines the term as a station in an amateur radio service consisting of apparatus necessary for carrying on radio communication service. This term includes amateur radio antennas and related facilities used for amateur radio services.

Antenna, Base Station. The same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.40001(b)(9) or any equipment associated with a tower.

Antenna, Cellular Telephone, and Two-Way and One-Way Paging Systems. Any radio or microwave repeating structure, and associated equipment and structures including microcells, used for transmitting or receiving radio signals for cellular telephones and pagers.

Antenna, Collocation Facility. The same as defined by the FCC in 47 C.F.R. §

1.6002(g), as may be amended or superseded, which defines that term as mounting or installing an antenna facility on a pre-existing structure or modifying a structure for the purpose of mounting or installing an antenna facility on that structure. It does not include the initial installation of a telecommunications facility where previously there was none,

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10 nor the construction of an additional tower on a site with an existing tower.

Antenna, Eligible Facilities Request. The same as defined in 47 U.S.C. § 1455(a)(2), as may be amended or superseded, and as interpreted by the FCC in 47 C.F.R. §

1.6100(b)(3), as may be amended or superseded, which defines that term as a request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.

Antennas, Emergency Service. Any antenna, and associated equipment and structures, used principally for communications related to government provided emergency services, including, but not limited to, police, fire, and paramedic services.

Antenna, Height. The vertical distance from any point at the top of an antenna or ancillary wireless telecommunications structure to the finished or natural grade, whichever is more restrictive or lower, measured directly adjacent to the existing building or new structure.

Antenna, Height Above Grade. The vertical distance from the ground to the point to be measured through the axis of the antenna, antenna support, or antenna tower.

Antenna, Radio or Television. Any antenna, and associated equipment and structures, used for transmission of commercial television and broadcast radio.

Antenna, OTARD. Any “over-the-air reception device” subject to 47 C.F.R. §1.4000 et seq., as may be amended or superseded, which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter.

Antenna, Small Cell. Includes a Micro Wireless Facility. Means the same as defined by California Government Code § 65964.2, as may be amended, which defines that term as a wireless facility that uses licensed or unlicensed spectrum and that includes, but is not limited to, the following qualifications:

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11  The small cell antennas on the structure, excluding the associated equipment, total no more than 6 cubic feet in volume, whether an array or separate.  Any individual piece of associated equipment on pole structures does not exceed 9 cubic feet.
 The cumulative total of associated equipment on pole structures does not exceed 21 cubic feet.
 The cumulative total of any ground-mounted equipment along with the associated equipment on any pole or nonpole structure does not exceed 35 cubic feet.

Antenna, Stealth. A telecommunication facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof- mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like another object, such as a light pole, clock towers, bell steeples, or a tree.

Antenna Support. Any devices for supporting an antenna which is other than a tower, such as a mast, pole, or tripod.

Antenna Tower. Any substantial wood or metal structure used to support one or more antennas and which is affixed to the ground or an existing structure. A tower may be selfsupporting or supported by an existing structure or by guy wires. The same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), and includes any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public

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12 safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Applicant. Any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities, or state or local government agency applying for a permit.

Arbor. An unenclosed structure typically constructed of latticework or metal that often provides partial shade or support for climbing plants, sometimes referred to as a trellis or pergola. An arbor is not considered an accessory building.

Arts. Arts are a diverse range of human activities in creating visual, auditory, or performance works, expressing the author’s imaginative or technical skill, intended to be appreciated for their beauty or emotional power.

As-Built Permit. A permit requested during or after the course of construction, identifying all on-site improvements as they have been constructed.

Association, Homeowner’s. The organization of persons who own a lot, parcel, area, condominium or right of exclusive occupancy in a project.

Awning. An architectural projection that provides weather protection, identity or decoration. An awning is typically constructed of canvas metal, wood, or roofing materials on a supporting framework that projects from and is wholly supported by the exterior wall of the structure to which it is attached.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: June 14, 2022
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
SUBJECT: Introduction Of An Ordinance Amending Title 6 Of The Municipal Code Pertaining To Animal Control
RECOMMENDATION:

That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Title 6 Relating to Animal Control.

DISCUSSION:

Title 6 of the Santa Barbara Municipal Code pertains to the regulation of animals within the City, including rabies control, dog noise, vaccination, and impoundment, among other requirements. The Santa Barbara Police Department (SBPD) provides enforcement of animal control within the City limits, while Santa Barbara County provides impoundment services.

It has been several decades since Title 6 has been amended, hence, the motivation behind the subsequent recommended changes. One of the major changes is codifying the procedures when a dog is deemed dangerous or vicious by the SBPD due to an attack on another animal or person. Many of the proposed amendments mirror state law under the California Food and Agricultural Code Division 14, Chapter 9.

The draft ordinance containing the proposed amendments was released to the public on April 7th seeking community input. There were several comments submitted and several changes were made based on those comments. In addition, the draft ordinance went before the Ordinance Committee on two occasions for review and revisions.

Potentially Dangerous or Vicious Dogs
The proposed amendments provide definitions of what constitutes a potentially dangerous or vicious dog, Administrative Hearing procedures for dangerous or vicious Agenda Item No. 4
File Code No. 520.05
Council Agenda Report
Introduction Of An Ordinance Amending Title 6 Of The Municipal Code Pertaining To Animal Control
June 14, 2022

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Santa Barbara City CouncilJune 14, 2022

Santa Barbara City Council
June 14, 2022