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
SEPTEMBER 27, 2022, 2:00 PM
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS, CITY HALL, 735 ANACAPA STREET;
1030 CACIQUE STREET, SANTA BARBARA, CA 93103
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 8:00 a.m., and in Spanish on Sundays at 3:00 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. (CONTINUED ON NEXT PAGE)
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.
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. 09/27/2022 Santa Barbara City Council Final Agenda Page 1 SEPTEMBER 27, 2022 AGENDA
SPECIAL ORDINANCE COMMITTEE MEETING - 11:30 A.M. IN THE COUNCIL CHAMBER (120.03)
1. Subject: Proposal to Amend Various Sections of Title 17 of the Santa Barbara Municipal Code Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor (120.03)
Recommendation: That the Ordinance Committee forward to City Council for introduction, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code (“SBMC”) by Amending Sections 17.04.010,
17.12.050, 17.20.005, and 17.36.040 Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor.
2. Subject: Ordinance to Assign Additional Civilian Police Oversight Duties to the Board of Fire and Police Commissioners (120.03)
Recommendation: That Ordinance Committee:
A. Receive the draft ordinance amending the Municipal Code by adding Chapter 2.09 to assign additional civilian police oversight duties to the Board of Fire and Police Commissioners; and
B. Provide feedback to staff in order to introduce the Ordinance to City Council. https://santabarbaraca-gov.zoom.us/j/85932143288?pwd=WE1Ed1NkVVhSdldubkdmL282WkYxZz09 09/27/2022 Santa Barbara City Council Final Agenda Page 2 SPECIAL FINANCE COMMITTEE MEETING - 12:00 P.M. IN THE DAVID GEBHARD PUBLIC MEETING ROOM, 630 GARDEN STREET; AND 1030 CACIQUE STREET, SANTA BARBARA, CA 93103 (120.03)
1. Subject: Fiscal Year 2022 Fourth Quarter Review and Proposed Changes to the City’s Reserve Policy (120.03)
Recommendation: That Finance Committee:
A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the twelve months ended June 30, 2022; B. Accept the Fiscal Year 2022 Interim Financial Statements for the twelve months ended June 30, 2022;
C. Recommend that Council approve the proposed fourth quarter adjustments to Fiscal Year 2022 revenue and expenditure appropriations as detailed in the attached schedule of proposed Fourth Quarter adjustments; and D. Review staff’s proposed recommended revisions to the City’s Reserve Policy, provide feedback to staff and recommend approval of the revised policy to the City Council.
2. Subject: Library Department Financial Review (120.03) Recommendation: That Finance Committee receive a presentation from staff on the Library Department’s programs and services, including sources of funding, expenditure analysis, and other operational topics.
https://santabarbaraca-gov.zoom.us/webinar/register/WN_I82QD_yHTmmxdX7pIECtjg 09/27/2022 Santa Barbara City Council Final Agenda Page 3 SPECIAL CITY COUNCIL MEETING – 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Hispanic Heritage Month - September 15 - October 15, 2022 (120.04)
CHANGES TO THE AGENDA
PUBLIC COMMENT
CONSENT CALENDAR
2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of June 28, 2022; and the special meeting of August 30, 2022.
3. Subject: Loan to Housing Authority for $940,000 for Acquisition of Property Located at 602 and 619 Kentia Avenue to Preserve Affordable Housing Units [Ordinance Adoption] (660.04)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Loan Agreement to the Housing Authority of the City of Santa Barbara, in the Amount of $940,000 to be Secured by a Deed of Trust for the Acquisition of Property Located at 602 and 619 Kentia Avenue, and the Affordability Control Covenant Imposed on Real Property, and Authorize the Community Development Director to Execute Such Agreements and Related Documents, as Necessary.
4. Subject: Twelve Year Extension of Cogeneration Agreement [Ordinance Adoption; Agreement] (630.02)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving an Amended and Restated Power Purchase and License Agreement for the Cogeneration Plant at the El Estero Water Resources Center Between the City and California Power Partners. 09/27/2022 Santa Barbara City Council Final Agenda Page 4
5. Subject: Update of the City’s Conflict of Interest Code [Resolution] (110.04) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the Conflict of Interest Code of the City of Santa Barbara to Incorporate by Reference the Fair Political Practices Commission’s Model Code and Rescinding Resolution 19-094.
6. Subject: Donation for the Installation of Bottle Filling Stations from El Gato Channel Foundation at Stevens Park and Oak Park [Resolution] (570.05) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to increase revenue and expenditure appropriations by $20,000 in the Parks and Recreation Department Fiscal Year 2023 Miscellaneous Grants Fund for installation of bottle filling stations in Stevens Park and Oak Park; and
B. Accept a donation from the Community Environmental Council of two water bottle filling stations valued at approximately $20,000.
7. Subject: Fiscal Year 2022 Fourth Quarter Review (230.05) Recommendation: That Council:
A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the twelve months ended June 30, 2022; B. Accept the Fiscal Year 2022 Interim Financial Statements for the twelve months ended June 30, 2022; and
C. Approve the proposed fourth quarter adjustments to Fiscal Year 2022 revenue and expenditure appropriations as detailed in the attached schedule of proposed Fourth Quarter adjustments.
8. Subject: August 2022 Investment Report (260.02)
Recommendation: That Council Accept the August 2022 Investment Report. 09/27/2022 Santa Barbara City Council Final Agenda Page 5
9. Subject: Agreement with Rock Solid Technology, Inc. for Constituent Relationship Management and Public Records Act Request Software [Agreement] (170.04)
Recommendation: That Council authorize the Information Technology Director to execute a Master Customer Agreement contract with Rock Solid Technology, Inc. in the amount of $383,402, for constituent relationship management and Public Records Act software to include licensing, maintenance, support, and implementation services and authorize the Information Technology Director to approve expenditures of up to $1,650 for extra services that may result from necessary changes in the scope of work.
10. 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 September 27, 2022 and the site visit scheduled for September 26, 2022 regarding the appeal of the Single 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 November 1, 2022 and a site visit on October 31, 2022 pursuant to an agreement by the parties.
This concludes the Consent Calendar.
REPORT FROM THE FINANCE COMMITTEE
REPORT FROM THE ORDINANCE COMMITTEE
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
COMMUNITY DEVELOPMENT DEPARTMENT
11. Subject: Short-Term Rental Permitting Framework (640.09) Recommendation: That Council:
A. Provide direction on a future short-term rental permitting program; and B. Direct staff to draft a short-term rental permitting Ordinance for review by the Planning Commission, Ordinance Committee, Finance Committee, and City Council.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
09/27/2022 Santa Barbara City Council Final Agenda Page 6
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE MEETING
SPECIAL MEETING AGENDA
DATE: September 27, 2022 Kristen W. Sneddon, Chair
TIME: 11:30 a.m. Oscar Gutierrez
PLACE: Council Chambers Mike Jordan
Office of the City Office of the City
Administrator Attorney
Nicole Grisanti Ariel Pierre Calonne
Supervisor, City Administrator’s Office City Attorney
Members of the public may participate in person or via Zoom. Zoom instructions are below.
Hi there,
Please click the link below to join the webinar:
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International numbers available: https://santabarbaraca-gov.zoom.us/u/kbw98TlbfQ PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. When persons are called on to speak, their microphone will be activated by City staff and the speaker will be notified that they can now unmute themselves in order to begin speaking. The speaker will then need to unmute themselves by selecting the ‘mute/unmute’ icon or pressing Option+Y for MAC users or Alt+Y for Windows users on their keyboard.
For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the ZOOM session, please contact the City Administrator’s Office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating the item on which they wish to speak.
File Code No. 120.03
Ordinance Committee Agenda
September 27, 2022
ITEMS FOR CONSIDERATION
1. SUBJECT: Proposal to Amend Various Sections of Title 17 of the Santa Barbara Municipal Code Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor
RECOMMENDATION: That the Ordinance Committee forward to City Council for introduction, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code (“SBMC”) by Amending Sections 17.04.010, 17.12.050, 17.20.005, and 17.36.040 Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor.
2. SUBJECT: Ordinance to Assign Additional Civilian Police Oversight Duties to the Board of Fire and Police Commissioners
RECOMMENDATION: That Ordinance Committee:
A. Receive the draft ordinance amending the Municipal Code by adding Chapter 2.09 to assign additional civilian police oversight duties to the Board of Fire and Police Commissioners; and
B. Provide feedback to staff in order to introduce the Ordinance to City Council.
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE REPORT
AGENDA DATE: September 27, 2022
TO: Ordinance Committee
FROM: Operations Division, Waterfront Department
SUBJECT: Proposal to Amend Various Sections of Title 17 of the Santa Barbara Municipal Code Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor
RECOMMENDATION:
That the Ordinance Committee forward to City Council for introduction, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code (“SBMC”) by Amending Sections 17.04.010, 17.12.050, 17.20.005, and 17.36.040 Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor.
BACKGROUND:
Waterfront staff periodically reviews Title 17 of the Santa Barbara Municipal Code, which pertains to the City’s Harbor, in order to identify Sections requiring amendments that will improve the framework for administering and implementing Department policies and programs.
This year, staff focused on several regulations regarding Vessels and Slip Assignment Policy, as well as vehicle parking limits. Substantive amendments are discussed in this report. At its regular monthly meeting on May 19, 2022, Harbor Commission unanimously approved staff’s recommendation to advance the proposed amendments to Ordinance Committee and City Council for consideration and approval.
DISCUSSION:
Below is a description of the main substantive changes:
1) MC 17.04.010 “Definitions”
Several definitions have been added or edited for clarification. Definitions being added include Beam, and Length, which is meant to describe the width and length of a vessel.
Agenda Item No. 1
File Code No. 120.03
Ordinance Committee Agenda Report
Proposal to Amend Various Sections of Title 17 of the Santa Barbara Municipal Code Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor
September 27, 2022
Definitions being edited for clarification include Operable, Slip Permit, Vessel, and Year-Round Anchorage.
2) MC 17.12.050 “Vessels Berthed, Moored or Anchored in the Harbor District” All Vessels berthed, moored or anchored in the Santa Barbara Harbor must meet the definition of Operable under SBMC 17.04.010 (Z). In 2015, Section 17.12.050 was added to allow four existing man made “floating objects” that act as residences to remain so long as those existing floating objects did not exceed the then existing length or beam. Staff is revising Section 17.12.050 to mandate that all Vessels must be Operable, designed as a means of transportation carrying people or goods over open ocean waters, with the exception of four “floating objects” that existed as of 2015.
Those aforementioned floating objects must comply with all requirements of the Municipal Code except the operability requirement and must not change the then existing Length or Beam.
3) MC 17.20.005 B 2 (a) “Slip Assignment Policy”, “Proof of Ownership Required” This Section clarifies the form of Vessel ownership to be provided to the Waterfront Department and that completed state registration or federal documentation must be provided to the Waterfront Department upon slip transfer or the slip permit will be subject to termination.
4) MC 17.20.005 B 2 (b) “Slip Assignment Policy”, “Permitted Types of Ownership” This edit clarifies that whatever type of corporate ownership structure holds title of a Vessel, Slip Permittee Applicant(s) or Slip Permittee(s) must submit to the Waterfront Department documentation satisfactory to the Waterfront Director establishing that the person(s) signing the Slip Permit has the full legal authority to bind the entity and hold it fully responsible for the Slip Permit.
Amendments are also added to ensure that updated addresses are provided to the Waterfront Department to relieve staff of the responsibility if addresses are not provided.
5) MC 17.36.040 B 1 “72-Hour Vehicle Parking Limit in Parking Lots”, “72-Hour Vehicle Parking Limit in Harbor Parking Lot”
This amendment clarifies that slip permittees with slip permittee parking permits are allowed to park for no more than 30 consecutive days in the Harbor Parking Lot. After each 30 consecutive day period, the slip permittee must exit the parking lot for no less than 96 hours. Failure to do so renders the slip-permittee parking permit invalid.
Ordinance Committee Agenda Report
Proposal to Amend Various Sections of Title 17 of the Santa Barbara Municipal Code Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor
September 27, 2022
CONCLUSION:
The proposed amendments greatly aid the Waterfront Department’s ability to administer slip assignment policy, vessel operability, and the 72-Hour vehicle parking limit in Waterfront Parking Lots.
ATTACHMENT: Draft Ordinance with Proposed Changes
PREPARED BY: Erik Engebretson, Harbor Operations Manager SUBMITTED BY: Mike Wiltshire, Waterfront Director
APPROVED BY: City Administrator's Office
ATTACHMENT
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1 ORDINANCE NO.___________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING THE SANTA BARBARA
MUNICIPAL CODE (“SBMC”) BY AMENDING SECTIONS
17.04.010, 17.12.050, 17.20.005, AND 17.36.040
PERTAINING TO DEFINITIONS, VESSELS, SLIP
ASSIGNMENTS, AND PARKING IN THE SANTA
BARBARA HARBOR
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Determinations.
The City Council finds and declares that the revisions to Section 17.12.050 are declarative of existing law in that Sections 17.04.010 and 17.20.005 K allow only Vessels, as defined therein, to Berth, Moor, or Anchor in the Harbor District and require that all such Vessels be Operable as of a date certain, unless defined exceptions apply.
SECTION 2. Section 17.04.010 of Chapter 17.04 of Title 17 of the Santa Barbara Municipal Code is amended to read as follows:
17.04.010 Definitions.
The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:
A. ANCHOR. A heavy metal device, fastened to chain or line, designed to help hold a vessel in position.
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2 B. ANCHORING EQUIPMENT. An Anchor, line or chain and associated gear that is retrievable, stowable, non-permanent ground tackle designed to engage the seafloor and through its resistance to drag maintain a vessel within a given radius.
C. BEAM. Overall measurement of the vessel’s width including, projections, extensions, fixtures, and attachments [such as brackets and stanchions.] D. BERTH. A water surface area, delineated by either floating or fixed dock structures, intended for the purposes of embarking, disembarking and the wet storage of boats. A Berth is also known as a “Slip.”
E. CITY-APPROVED MOORING INSPECTOR. An individual who, by satisfactorily demonstrating appropriate qualifications, has been included on a Cityapproved list of inspectors eligible to install, inspect and repair ground tackle for Mooring Permittees in the Santa Barbara Mooring Area.
F. CITY PIER. The City Pier is located adjacent to the Breakwater at the Southeastern end of Harbor Way in the Santa Barbara Harbor formerly known as the “Navy Pier.”
G. DINGHY. A small boat used as a tender to a larger vessel. A dinghy is also known as a “Skiff.”
H. DISCHARGE. To spill, leak, pump, pour, emit, empty, dump, deposit, or throw.
I. DOCK. A platform, either floating or fixed, provided in a marina for the wet storage of a boat and pedestrian access to and from the boat.
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3 J. DOCKAGE. The daily rate assessed a vessel which ties up to any wharf or pier in the Harbor.
K. FLOAT. A wharf, pier, quay or landing.
L. GROUND TACKLE. All equipment used for Mooring or anchoring a vessel securely to the seafloor.
M. HARBOR. The area depicted on Exhibit “A” attached to Chapter 17.20 generally bounded by and including Stearns Wharf on the east, the Breakwater on the south, the seawall abutting Harbor Way and the Harbor commercial area on the west, the concrete walkway and seawall along currently-designated Marinas 2, 3 and 4 and including the area commonly known as West Beach on the north.
N. HARBOR DISTRICT. The entire Waterfront of the City, including all navigable waters and all tidelands and submerged lands, whether filled or unfilled, situated below the line of mean high tide, bounded by the limits of the City as now fixed or hereafter may be extended.
O. HARBORMASTER. The person designated by the Waterfront Director as the division manager of the Operations Division of the Waterfront Department.
P. HARBOR PATROL SUPERVISOR. The person designated by the Waterfront Director as the supervisor of the Harbor Patrol Officers in the Operations Division of the Waterfront Department.
Q. LENGTH. Overall measurement of the Vessel fore or aft including, extensions, projections, fixtures, and attachments, [such as bowsprits, bumpkins,
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4 outdrives, booms, brackets, davits and railings], regardless whether above or below the waterline.
R. LIVE-ABOARD. The use or occupancy of a vessel for habitation on any four nights during a seven day period. The term does not include the vacation use of a vessel, as defined in Section 17.18.090, by its registered owner and the owner’s guests.
S. MARINA. A connected system of slips in the Harbor.
T. MARINE SANITATION DEVICE. Equipment on board a vessel that is designed to receive, retain, treat, process, or discharge sewage.
U. MINIMUM GROUND TACKLE SPECIFICATIONS. The specifications for Ground Tackle used to moor a vessel, attached as Attachment “A” to the Resolution of the Council of the City of Santa Barbara Establishing Minimum Ground Tackle Specifications and Procedures for Installing, Inspecting and Repairing Moorings in the Santa Barbara Mooring Area, as may be amended from time to time by the Harbor Commission, with which all vessels intending to moor in the City of Santa Barbara Mooring Area must comply.
V. MOORING. An Anchor, chain, buoy, pendant, snubber, chafing gear and associated equipment, not typically stowed or carried aboard a vessel when underway, used to engage the seafloor and through its resistance to drag maintain a vessel within a given radius.
W. MOORING INSPECTION REPORT. A City form on which a City-Approved Mooring Inspector provides the results and recommendations of a Mooring Inspection.
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5 X. MOORING PERMIT. An annual non-transferable Mooring Site rental agreement issued by the Waterfront Director to a Mooring Permittee to place a Mooring and vessel in a Mooring Site in the Santa Barbara Mooring Area.
Y. MOORING SITE. A designated location within the Santa Barbara Mooring Area assigned by the Waterfront Director through a Mooring Permit to a Mooring Permittee for purposes of Mooring a vessel.
Z. OPERABLE. A vessel’s ability to maneuver safely under its own power from any place in the Harbor District to the areas within open waters of the Pacific Ocean and back to its point of origin.
AA. RODE. All gear, collectively, that lies between a boat and its Anchor.
BB. SANTA BARBARA MOORING AREA. The area located in the City of Santa Barbara tidal waters east of Stearns Wharf as depicted on the reference map attached as Exhibit “A” to Chapter 17.20.
CC. SEASONAL ANCHORAGE. The area depicted on the reference map attached as Exhibit “A” to Chapter 17.20.
DD. SEWAGE. Human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste.
EE. SLIP. A docking space for a vessel within the Harbor.
FF. SLIP FEE. The monthly license fee paid by a slip permittee for berthing privileges in the Harbor, including the monthly fees paid for live-aboard privileges if applicable.
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6 GG. SLIP PERMIT. A revocable month-to-month licensepermit issued by the Waterfront Director to berth a vessel in a slip in the Santa Barbara Harbor.
HH. SPECIAL ACTIVITY MOORING PERMIT. A Mooring Permit issued by the Waterfront Director to individuals, organizations and governmental entities found to be operating research, scientific, clean-up or other functions necessary to the long-term health and operation of the Harbor District and marine environment, or critical to the safety, welfare and protection of persons and assets within the Harbor District.
II. STEARNS WHARF. The wharf structure and all of its improvements located at the foot of State Street.
JJ. TRANSFER FEE. The fee charged to transfer a Slip Permit.
KK. VESSEL. A watercraft or other artificial contrivance designed as a means of transportation whose physical characteristics indicate that it carrying people or goods over open ocean waters.
LL. WATERFRONT. The Harbor, Stearns Wharf, West Beach and all Cityowned or operated parking lots and related structures and facilities along Cabrillo Boulevard or Shoreline Drive within the City of Santa Barbara.
MM. WHARFAGE. The hourly rate assessed any vessel which uses or is tied up to any structure in the Harbor for the loading or unloading of merchandise, excluding the products of commercial fishing.
NN. YEAR-ROUND ANCHORAGE. The area depicted on the reference map attached as Exhibit A to Chapter 17.20.
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7 SECTION 3. Section 17.12.050 of Chapter 17.12 of Title 17 of the Santa Barbara Municipal Code is amended to read as follows:
17.12.050 Vessels Berthed, Moored or Anchored in the Harbor District.
After December 1, 2015, only Operable Vessels as defined in Sections 17.04.010, and as required in Section 17.20.005 K, shall be Berthed, Moored or Anchored in the Harbor District. Man-made floating objects that were existing and were Berthed, Moored or Anchored in the Harbor District as of December 1, 2015, and were not “Operable” meet the definition of “Vessels vessel,” as set forth in Section 17.04.010, shall be allowed to continue to be Berthed, Moored or Anchored in the Harbor District and shall not be required to meet the definition of “Vessel”. To remain Berthed, Moored or Anchored in the Harbor as a “existing” man-made floating object existing after December 1, 2015, the man-made floating object shall not exceed the Length or Beam that was existing on December 1, 2015 and shall comply with all other requirements of Santa Barbara Municipal Code except as set forth above. Except for the waiver of Operability as set forth in Section 17.20.005 K, all other requirements of Title 17 shall apply to these man-made floating objects with the following exceptions:
A. Waiver of operability requirements described in Section 17.20.005.K.1.
B. No length or beam variations after December 1, 2015. (Ord. 5728, 2015) SECTION 4. Section 17.20.005 of Chapter 17.20 of Title 17 of the Santa Barbara Municipal Code is amended to read as follows:
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8 17.20.005 Slip Assignment Policy.
A. PURPOSE.
1. Generally. The purpose of the Slip Assignment Policy is to provide regulations for the primary purpose of the Harbor, which is to provide in-water storage for commercial and recreational vessels actively used for their intended purpose.
2. Limited Secondary Use. As a limited secondary use, a slip permittee may be permitted to reside aboard a vessel by obtaining a permit from the Waterfront Department pursuant to the Santa Barbara Municipal Code.
B. SLIP PERMITS.
1. Slip Permit. Before any vessel is allowed in a Slip in the Santa Barbara Harbor, a permit must be issued pursuant to the Santa Barbara Municipal Code for that vessel by the Waterfront Department. Slip Permits, as approved by the Waterfront Director, shall be revocable month-to-month licenses. Slip permittees shall comply with applicable ordinances and resolutions, including fee provisions, adopted by the Santa Barbara City Council. No such Slip Permit shall be transferable after death of the slip permittee or by inheritance. A Slip Permit may, however, be assigned to a deceased slip permittee’s surviving spouse or domestic partner registered with the City Clerk in accordance with Chapter 9.135 of the Santa Barbara Municipal Code pursuant to Section
17.20.005.D.2.b herein.
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9 2. Ownership of Vessel Required. A slip permittee must at all times have an equity ownership interest in the vessel assigned to the Slip Permit. a. Proof of Ownership Required. An equity ownership interest in a vessel must be established demonstrated at the time a Slip Permit is issued to a slip permittee or transferred in accordance with Section 17.20.005.D herein by submitting any of the following documents to the Waterfront Department: (i) State vessel registration listing the prospective slip permittee as an owner; (ii) federal documentation listing the prospective slip permittee as an owner or; (iii) a notarized bill of sale in the name of the prospective slip permittee. If proof of vessel ownership is a notarized bill of sale, a fully completed state registration or federal documentation with all slip permittees listed as vessel owners must be submitted provided to the Waterfront Department within 90 days of the submittal of the Slip Permit application. The Slip Permit shall be subject to termination If If completed state registration or federal documentation is not submitted to the Waterfront Department within 90-days of submittal of the Slip Permit application, the slip permit shall be subject to termination in accordance with the slip permit termination procedures set forth in Section 17.20.005.
b. Permitted Types of Ownership. Corporations, limited liability corporations, partnerships, non-profit organizations, trusts, governmental agencies or individuals may own vessels. If a vessel is owned by an entity other than an individual, non-profit organization or governmental agency, the Slip Permit applicant(s) or slip permittee(s) must submit to the Waterfront Department documentation satisfactory to the Waterfront Directory establishing that the person(s) signing the Slip Permit has the full
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10 legal authority to bind the entity and hold it fully responsible for the Slip Permit. either a partnership agreement or articles of incorporation which establishes that each slip permittee is either a general partner or an officer of the entity with the authority to legally bind the ownership entity. If the vessel is owned by a governmental agency or non-profit organization, the agency or organization must designate in writing a representative from the agency or organization who will be responsible for all aspects of the Slip Permit.
Changing the name of the person so designated shall require payment of a slip transfer fee pursuant to Section 17.20.005.D herein, unless waived by the Waterfront Director.
Slip permittees shall be responsible for keeping their current mailing address on file with the Waterfront Department. Failure to do so shall relieve the Waterfront Department from all responsibility to notify the slip permittees of changes to the Municipal Code or applicable rules and regulations.
C. SLIP WAITING LISTS.
1. Master Waiting List. The waiting list for the assignment of Harbor marina slips, as created by City Council Ordinance, is renamed the “Master Waiting List.” The Master Waiting List is divided into categories according to slip length. Applicants on the Master Waiting List have designated a category of slip length from which they seek a slip assignment. Applicants may not change their designated category of slip length and no new applicants shall be added to the Master Waiting List. a. Procedure for Slip Assignment to Master Waiting List Applicants. When a slip becomes available, it shall be offered for assignment according
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11 to whether the slip is a designated commercial fishing slip or whether it can be utilized for either commercial or recreational purposes. For purposes of this Section, commercial fishing slip means a slip that is specially designated by the Waterfront Director as a slip reserved for qualified commercial fishermen (“Commercial Fishing Slip”). If the slip is designated as a Commercial Fishing Slip, it shall be assigned according to Subsection C.5 herein to a qualified commercial fisherman. If it is not so designated, it shall be offered for assignment to the applicant in the slip-length category of the available slip with the earliest chronological application date on the Master Waiting List. The available slip shall be offered to each applicant in turn on the Master Waiting List within the slip-length category of the available slip until the slip is either accepted by an applicant or declined by all applicants for that slip-length category.
b. Procedure for Accepting or Declining a Slip Assignment Offer. i.(1) Acceptance of Slip Assignment Offer. Notification of slip availability shall be mailed by the Waterfront Department to the applicant at the applicant’s most recent address on file in the Waterfront Department. Acceptance of the slip assignment offer must be submitted by the applicant in writing to the Waterfront Department within 30 days of the date of mailing the notice of slip availability. ii.(2) Completing Slip Assignment. An applicant who
accepts a slip-permit offer shall have 90 days from the date of the offer to place a vessel in a designated slip and meet all associated requirements and obligations to complete that slip assignment, as described in this Section.
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12 iii.(3) Declined Slip Offer. Failure of an applicant to accept a slip assignment offer within 30 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer will result in removal of the applicant’s name from the List and in the loss of all fees paid by the applicant.
c. Unassigned Slips from the Master Waiting List. If an available slip is offered and declined by all applicants on the Master Waiting List registered for the slip-length category of the available slip, or if a slip-length category on the Master Waiting List is depleted of applicants, the slip shall be referred for assignment to a Sub-Master Waiting List in accordance with Subsection C.2 herein.
2. Sub-Master Waiting List. All applicants in all slip-length categories on the Master Waiting List shall also be applicants on the Sub-Master Waiting List. The Sub-Master Waiting List shall be ordered chronologically, according to application date, and not divided into slip-length categories. The applicant on the Master Waiting List with the earliest chronological application date, regardless of designated slip-length category, shall be the first applicant on the Sub-Master List. The applicant on the Master Waiting List with the second earliest chronological application date shall be the second applicant on the Sub-Master List, and so on.
a. Procedure for Slip Assignment to Sub-Master Waiting List Applicants. A slip that becomes available for assignment to the Sub-Master Waiting List shall be offered to the first applicant on the Sub-Master Waiting List. If the slip offer is
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13 declined, it shall be offered to the second applicant on the List, and so on, until the slip is either accepted by an applicant or declined by all applicants on the Sub-Master List. b. Procedure for Accepting or Declining a Slip Assignment Offer. i.(1) Acceptance of Slip Assignment Offer. Notification of slip availability shall be mailed by the Waterfront Department to the applicant at the applicant’s most recent address on file in the Waterfront Department. Acceptance of the slip assignment offer must be submitted by the applicant in writing to the Waterfront Department within 14 days of the date of mailing the notice of slip availability. ii.(2) Declined Slip Offer. Failure of an applicant to accept a slip assignment offer in writing within 14 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer from the Sub-Master List will not result in removal of the applicant’s name from the Master or Sub-Master Waiting lists, loss of any fees paid, or change in the applicant’s position on either List.
c. Unassigned Slips from the Sub-Master Waiting List. If a slip assignment offer is declined by all applicants on the Sub-Master Waiting List, or if there are no applicants on the Sub-Master Waiting List, the slip shall be referred for assignment to a Lottery List in accordance with Subsection C.3 herein.
3. Lottery List. Any slip that remains unassigned after being offered for assignment to the Master Waiting List and Sub-Master Waiting List, or if the Sub-Master Waiting List is depleted of applicants, shall be offered for assignment to a Lottery List.
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14 The Lottery List shall be comprised of applicants selected by lot by the Harbor Commission Chair at a public meeting. Procedures for formation of the Lottery List shall be established by the Waterfront Department Slip Waiting Lists regulation adopted by resolution of the City Council.
a. Procedure for Placement on the Lottery List.
i.(1) Qualification for Placement on the Lottery List. To qualify for placement on the Lottery List, all applicants must timely submit a Lottery List Participation Request in accordance with the Slip Waiting Lists regulation containing the applicant’s name, telephone number and address. An individual may submit only one Lottery List Participation Request.
ii.(2) Notification of Ranking and Potential Placement on Lottery List. Within five business days after the Harbor Commission Lottery List drawing, the Waterfront Department shall mail notification to each applicant whose Lottery Participation Request was selected by the Harbor Commission of their ranking and potential placement on the Lottery List. Notification shall be provided by certified mail, return receipt requested, to the applicant at the address shown on the Lottery List Participation Request form. A Lottery List Acceptance Form shall accompany the notification. Applicants not selected for ranking in the Lottery List drawing shall be notified in writing that their Lottery List Participation Request was not selected. The Waterfront Department shall discard the Lottery List Participation Requests not selected.
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15 iii.(3) Procedure to Accept Placement on the Lottery List. (aA) Within 30 days of the date of mailing notification of Lottery List rankings, selected applicants ranked numbers one through 50 shall return the completed Lottery List Acceptance Form and the Lottery List Placement Fee in an amount established by resolution of the City Council to the Waterfront Department. Any such applicant failing to return the Acceptance Form and Lottery List Placement Fee to the Waterfront Department within the required 30day period shall not have a position on the Lottery List, and their Lottery Participation Request shall be discarded by the Waterfront Department.
(bB) Should any applicant ranked numbers one
through 50 fail timely return of the Lottery List Acceptance Form and the Lottery List Placement Fee, notification will be sent to the next-ranked applicant for potential placement on the Lottery List as provided by resolution of City Council. Any such applicant ranked numbers 51 through 70 offered potential placement on the Lottery List shall, within 14 days of the date of such mailing, return the completed Lottery List Acceptance Form and the Lottery List Placement Fee in an amount established by resolution of the City Council to the Waterfront Department. Any such applicant failing to return the Acceptance Form and Lottery List Placement Fee to the Waterfront Department within the required 14 day period shall not have a position on the Lottery List, and their Lottery Participation Request shall be discarded by the Waterfront Department.
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16 b. Procedure for Slip Assignment to Lottery List Applicants. A slip that becomes available for assignment to the Lottery List shall be offered for assignment to applicants on the Lottery List according to their rank on the Lottery List. If a slip assignment offer is declined by all applicants on the Lottery List, the slip shall be held in the Waterfront Department’s visitor slip inventory for a period of six months. After six months, the slip assignment shall be re-offered individually to applicants on the Lottery List in the same order as the slip assignment was initially offered. If the slip remains unassigned after the re-offer, the procedure shall be repeated every six months until the slip assignment offer is accepted.
c. Procedure for Accepting or Declining a Slip Assignment Offer from the Lottery List.
i.(1) Acceptance of Slip Assignment Offer. Notification of slip availability shall be mailed by the Waterfront Department to the applicant at the applicant’s most recent address on file in the Waterfront Department. Acceptance of the slip assignment offer must be submitted by the applicant in writing to the Waterfront Department within 14 days of the date of mailing the notice of slip availability. Acceptance must be submitted to the Waterfront Department in writing. ii.(2) An existing marina slip permittee, or spouse or legally registered domestic partner of a slip permittee, who is offered a slip assignment from the Lottery List shall relinquish an existing Slip Permit assigned to that permittee or that
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17 permittee’s spouse or legally registered domestic partner to the Waterfront Department prior to, and as a condition for, an assignment from the Lottery List. iii.(3) Declined Lottery List Assignment Offer. Failure of an applicant to accept a slip assignment offer in writing within 14 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip assignment offer will not result in removal of the applicant’s name from the Lottery List, loss of the applicant’s Lottery List Placement Fee, Lottery List Renewal Fee, or change in the applicant’s position on the Lottery List. d. Lottery List Eligibility. An applicant whose name is on the Master Slip Waiting List is not eligible for inclusion on the Lottery List.
4. Slip Waiting Lists Fees.
a. Master Waiting List Renewal Fee. An annual non-refundable Master Waiting List renewal fee in an amount established by resolution of the City Council shall be paid by each applicant on the Master Waiting List prior to the first day of November each year. Failure to timely pay the annual renewal fee shall cause removal of the applicant’s name from the List.
b. Lottery List Placement Fee and Renewal Fee.
i.(1) Lottery List Placement Fee. Each applicant selected for placement on the Lottery List shall return the Lottery List Acceptance Form along with a non-refundable Lottery List Placement Fee in an amount established by resolution of
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18 the City Council. Failure to timely pay the Lottery List Placement Fee shall cause the applicant’s name to not be placed on the Lottery List.
ii.(2) Lottery List Renewal Fee. An annual non-refundable Lottery List Renewal Fee in an amount established by resolution of the City Council shall be paid prior to the first day of November each year. Failure to timely pay the annual Lottery List Renewal Fee shall cause removal of the applicant’s name from the Lottery List.
iii.(3) Lottery List Assignment Fee. A Lottery List
Assignment Fee shall be paid by the applicant at the time a Lottery List slip assignment is made in an amount established by resolution of the City Council. Failure to timely pay the Lottery List Assignment Fee shall be deemed a declined offer. c. Slip Waiting Lists Transfer Fee.
i.(1) Slip Waiting Lists Transfer Fee. Any slip permittee assigned a slip from either the Master Waiting List, Sub-Master Waiting List or Lottery List shall pay a Slip Waiting List Transfer Fee in an amount established by resolution of the City Council to transfer the slip within five years of the date of the slip assignment. After five years, a standard Slip Transfer Fee shall be paid in an amount established by resolution of the City Council. A slip transfer shall be accomplished in accordance with Subsection D herein.
ii.(2) Exemptions from Slip Waiting Lists Transfer Fee.
Mooring Licensee Priority Assignment. Payment of the Slip Waiting Lists Transfer Fee
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19 shall not be required for the transfer of a slip permit by a slip permittee who obtained a permit to occupy a slip pursuant to a mooring licensee priority assignment as provided in the Marina One and Four Expansion Slip Assignment Policy and Procedures Document.
A standard Slip Transfer Fee is required.
iii.(3) Hardship Waiver/Appeal. The Waterfront Department, Waterfront Director, Harbor Commission or City Council shall not accept or consider any slip permittee’s appeal or request for a waiver from payment of the Slip Waiting Lists Transfer Fee.
5. Commercial Fishing/Aquaculture Slip Assignment. Commercial Fishing Slips shall be offered for assignment only to qualified commercial fishermen. Prior to assignment of a Commercial Fishing Slip from either the Master Waiting List, SubMaster Waiting List, or the Commercial Fishing Slip Lottery, a commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that the commercial fisherman possesses the following minimum qualifications: (i) a commercial fishing or aquaculture permit issued by the California Department of Fish and Game; (ii) a Fish and Game permit for the vessel that is to be moored in the Commercial Fishing Slip as a commercial fishing vessel; and (iii) satisfaction of the terms and criteria to qualify as a qualified commercial fisherman, as established by City Council resolution, including the requirement for earnings from commercial fishing in years prior to the pending Commercial Fishing Slip assignment (“Qualified Commercial Fisherman”).
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20 a. Master Waiting List. Commercial Fishing Slips that become available for assignment to commercial fishermen on the Master Waiting List shall be offered for assignment to the commercial fisherman registered in the slip-length category of the available slip with the earliest chronological application date. If there are no commercial fishermen registered on the Master Waiting List in the slip-length category available, the slip shall be referred to the Sub-Master List. i.(1) Acceptance of Commercial Fishing Slip Assignment
Offer. A Commercial Fishing Slip offered for assignment to a commercial fisherman from the Master Waiting List shall be accepted in accordance with the procedures for acceptance of a slip from the Master Waiting List set forth in paragraph 1.b.i. of this Subsection C. Prior to assignment of the Commercial Fishing Slip, the commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that he or she is a Qualified Commercial Fisherman.
ii.(2) Declined Slip Offers. Failure of an applicant to accept a slip assignment offer in writing within 30 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a Commercial Fishing Slip offer shall result in removal of the commercial fisherman’s name from the Master Waiting List and loss of all fees paid by the commercial fisherman. b. Sub-Master Waiting List. Commercial fishermen registered for commercial slips on the Master Waiting List shall also be applicants on the Sub-Master Waiting List. The commercial fisherman registered for a commercial slip on the Master
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21 Waiting List with the earliest chronological application date shall be the first-ranked commercial fisherman on the Sub-Master List. If a commercial slip offer is declined by all commercial fishermen registered for commercial slips on the Sub-Master List, it shall be referred to the Commercial Fishing Slip Lottery process for assignment. i.(1) Acceptance of Commercial Fishing Slip. A
Commercial Fishing Slip offered for assignment to the Sub-Master Waiting List shall be accepted according to the procedures for acceptance of a slip from the Sub-Master Waiting List set forth in paragraph 2.b.i. of this Subsection C. Prior to assignment of the Commercial Fishing Slip, the commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that he or she is a Qualified Commercial Fisherman. ii.(2) Declined Commercial Fishing Slip Offers. Failure of the applicant to accept the slip in writing within 14 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer will not result in the commercial fisherman’s name being removed from the List, loss of the applicant’s fees, or change in the applicant’s position on the List. c. Commercial Fishing Slip Lottery. A Commercial Fishing Slip that remains unaccepted after being offered to all commercial fishermen registered for commercial slips on the Sub-Master List shall be offered for assignment according to a single lottery process called the Commercial Fishing Slip Lottery. Procedures for formation of the Commercial Fishing Slip Lottery shall be established by the Waterfront Department Slip Waiting Lists regulation adopted by resolution of the City Council. To
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22 qualify for participation in the Commercial Fishing Slip Lottery, all applicants must timely submit a Lottery Participation Request in accordance with the Slip Waiting Lists regulation containing the applicant’s name, telephone number and address. An individual may submit only one Commercial Fishing Lottery List Participation Request. i.(1) Procedure for Assignment from Commercial Fishing
Slip Lottery.
(aA) Offer of Commercial Fishing Slip Assignment. A
Commercial Fishing Slip that becomes available for assignment in accordance with the Slip Waiting Lists regulation shall be offered for assignment to an applicant according to his or her rank in the Commercial Fishing Slip Lottery. The applicant ranked in the first position shall be offered the available Commercial Fishing Slip. If the first-ranked applicant declines the offer or fails to meet the requirements for a Qualified Commercial Fisherman, the second-ranked applicant shall be offered the Commercial Fishing Slip assignment, and so on.
(bB) Acceptance of Commercial Fishing Slip.
Acceptance of the slip assignment offer must be made in writing and submitted to the Waterfront Department within 30 days of the date of mailing notice of slip availability. The acceptance form shall include the necessary information to verify qualification for a Commercial Fishing Slip. Any applicant failing to submit the required information to verify eligibility, or any applicant failing to meet the eligibility requirements set forth in this
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23 paragraph 5 for a Qualified Commercial Fisherman, shall be removed from consideration for slip assignment during that Lottery.
(cC) Declined Commercial Fishing Slip Offer. Failure
of an applicant to accept the Commercial Fishing Slip assignment offer in writing within 30 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer, or failing to meet the requirements for a Qualified Commercial Fisherman shall result in removal of the applicant’s name for slip assignment in that Lottery.
(dD) An existing marina slip permittee who is offered
a Commercial Fishing Slip assignment shall relinquish an existing slip permit to the Waterfront Department prior to, and in exchange for, a Commercial Fishing Slip assignment from the Commercial Fishing Slip Lottery.
ii.(2) Unassigned Commercial Fishing Slips. If a
Commercial Fishing Slip assignment offer is declined by all applicants selected in the Commercial Fishing Slip Lottery, or if no selected applicants meet the requirements of a Qualified Commercial Fisherman, the Commercial Fishing Slip shall be held in the Waterfront Department’s visitor-slip inventory for a period of six months. After six months, the Commercial Fishing Slip assignment shall be offered to applicants in a new Commercial Fishing Slip Lottery. If the Commercial Fishing Slip remains unassigned, this procedure shall be repeated every six months until the Commercial Fishing Slip is assigned.
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24 D. TRANSFER OF SLIP PERMITS.
1. Procedure. The permittee of a slip may transfer the Slip Permit to a new or changed personvessel owner upon the sale or transfer of an equity ownership interest in a vessel if all the following conditions are met:
a. A written application for the transfer of a Slip Permit is filed within 15 days after the sale or transfer of the equity ownership interest in the vessel. b. The slip permittee shall notify the Waterfront Department in writing within 15 days of the sale or transfer of an equity ownership interest, whether in whole or in part, of a vessel to an individual, entity, non-profit or governmental agency and specify if the Slip Permit is to be transferred or retained by the permittee. c. Every permittee must supply proof of ownership of a permitted vessel pursuant to the requirements of Subsection B.2 of this Section within 15 days of any change, in whole or in part, in the equity ownership of the vessel. d. The Transfer Fee or waiting list Transfer Fee and all other fees and deposits are paid in full within 15 days after the sale or transfer of interest, in whole or in part, of the vessel.
e. The owner must bring an Operableoperable Vesselvessel to the Administration Dock for verification of Length and Beamlength. If the vessel is not Operableoperable, the Waterfront Director may waive these requirements for not more than 90 days, solely for the purpose of repair.
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25 f. A slip permittee must be in good standing with the Waterfront Department at the time that the Slip Permit transfer application is submitted to the Waterfront Department. A slip permittee is in good standing with the Waterfront Department if, at the time of submittal of the Slip Permit transfer application, both of the following are true and correct: (i) all fees or charges owed to the Waterfront Department by the slip permittee have been paid in full; and (ii) the Waterfront Department has not issued a written notice to terminate the Slip Permit, whether such notice of termination has been received by the slip permittee or not.
2. Death of Slip Permittee.
a. Death of Sole Slip Permittee.
i.(1) No Transfer of Slip Permit After Death. No Slip Permit may be transferred after the death of a sole slip permittee. ii.(2) Notification of Death. Not later than 30 days after the date established on the death certificate as the date of death of the slip permittee, the administrator or executor of the estate of the slip permittee shall notify the Waterfront Department in writing of the death. If such notification is not received by the Waterfront Department within 30 days of the date shown on the death certificate as the date of death, the Slip Permit shall be deemed to be terminated 60 days after such date. Upon termination of the Slip Permit, permission to berth shall be denied by the Waterfront Director, and the administrator or executor of the estate of the deceased slip permittee shall remove the vessel from the Harbor District immediately. Failure to immediately
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26 remove the vessel from the Harbor may, at the option of the Waterfront Director, result in the assessment of visitor fees at the visitor fee rate then in effect. iii.(3) Removal of Vessel. If notification of death as required in paragraph ii above is received by the Waterfront Department, the estate of the deceased slip permittee may have a period of time not exceeding 120 days after the date established on the death certificate as the date of death of the slip permittee to remove the vessel from the Slip. All regular Slip Fees are due and payable by the estate during this period.
b. Death of Slip Permittee with Spouse or Registered Domestic Partner at Time of Death.
i.(1) Assignment of Slip Permit After Death. Subject to compliance with the requirements below, a Slip Permit may be assigned to the surviving spouse or domestic partner (registered with the City Clerk in accordance with Chapter 9.135 of the Santa Barbara Municipal Code) of a slip permittee after the death of the slip permittee.
ii.(2) Notification of Death. Not later than 30 days after the date established on the death certificate as the date of death of the slip permittee, the administrator or executor of the estate of the slip permittee or the slip permittee’s surviving spouse or registered domestic partner shall notify the Waterfront Department in writing of the death of the slip permittee. The notification to the Waterfront Department shall also state whether the spouse or legally registered domestic partner seeks assignment of the
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27 Slip Permit. Assignment of the Slip Permit to the surviving spouse or registered domestic partner will be approved by the Waterfront Director only if: (A) the surviving spouse or registered domestic partner can satisfactorily demonstrate an equity ownership interest in the vessel as provided in Subsection B of this Section; and (B) either proof of marriage to the slip permittee at the time of the slip permittee’s death is provided to the Waterfront Department or proof of registration on the domestic partnership list as the slip permittee’s domestic partner at the time of the slip permittee’s death is provided to the Waterfront Department. If notification is not received by the Waterfront Department within 30 days after the date established on the death certificate as the date of death of the slip permittee, or the surviving spouse or legally registered domestic partner does not qualify for assignment of the Slip Permit, the Slip Permit shall be deemed to be terminated 60 days after the date established on the death certificate as the date of death of the slip permittee.
Upon termination of the Slip Permit, permission to berth shall be denied by the Waterfront Director and the surviving spouse, registered domestic partner or estate of the deceased slip permittee shall remove the vessel from the Harbor District immediately. Failure to immediately remove the vessel from the Harbor may, at the option of the Waterfront Director, result in the assessment of visitor fees at the visitor fee rate then in effect. iii.(3) Removal of Vessel. If notification of death as required in paragraph ii above is received by the Waterfront Department and the slip permittee’s surviving spouse or registered domestic partner does not seek assignment of the Slip Permit, or does not qualify for assignment as provided herein, the estate of the deceased slip permittee, surviving spouse or registered domestic partner shall have a period of time
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28 not exceeding 120 days after the date established on the death certificate as the date of death of the slip permittee to remove the vessel from the Slip. All regular Slip Fees are due and payable by the surviving spouse, registered domestic partner or estate of the deceased slip permittee during this period.
c. Death of Slip Permittee with Multiple Slip Permit Partners. i.(1) Slip Permit Remains Valid. Upon the death of one of the slip permittee partners, subject to compliance with the requirements herein, a Slip Permit held by multiple Slip Permit partners remains valid in the names of the remaining Slip Permit partners.
ii.(2) Notification of Death. Not later than 30 days after the date established on the death certificate as the date of death of the slip permittee, either the administrator or executor of the estate of the deceased slip permittee or the deceased slip permittee’s surviving spouse or registered domestic partner or one of the remaining Slip Permit partners shall notify the Waterfront Department in writing of the death of the slip permittee. Such notification shall also state whether the spouse or registered domestic partner seeks assignment of the Slip Permit in the deceased slip permittee’s partnership position or not. To become a Slip Permit partner, the surviving spouse or registered domestic partner must satisfy the requirements set forth in paragraph b.ii above.
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29 E. YACHT BROKERAGES.
1. Definitions.
a. For the purpose of this Section, “yacht brokerage” means a business entity that deals in the sale of vessels in compliance with applicable State, Federal and local laws and regulations, and conducts the brokerage upon real property in the Harbor Area in accordance with a current and valid lease agreement with the City. b. For the purpose of this Section, “yacht brokerage slip” means any slip assigned to a yacht brokerage.
2. Number of Slips. No yacht brokerage may validly hold permits to more than 15 slips at any given time in the Santa Barbara Harbor. No more than 30 yacht brokerage slips shall be assigned at any time. Any assignments exceeding these limits are void.
3. Slip Assignments. Yacht brokerage slip assignments will be registered with the Waterfront Department and the appropriate fee paid. Yacht brokerage slip assignments shall not extend beyond one year. The Waterfront Director retains the discretion to assign vacated slips, temporarily cancelled slips, visitor slips, end ties and side ties as yacht brokerage slips.
4. No Overnight Stays. Use of any yacht brokerage slip for overnight stays is illegal at all times and under all circumstances, unless expressly authorized during emergencies by the Waterfront Director.
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30 5. Payment. Yacht brokerages will pay full monthly rental rates when due to the City on all slips and will not charge slip rates in excess of that charged by the City in the current Resolution of the City Council establishing mooring and slip fees in the Santa Barbara Harbor.
F. TEMPORARY CANCELLATION.
1. Temporary Cancellation. A slip permittee may request temporary cancellation of the slip permit. The Waterfront Department may grant the request for temporary cancellation of a slip permit to a slip permittee desiring to take an extended cruise for a period of not less than 90 days. During the period of temporary cancellation, the permittee shall pay a reduced slip fee equivalent to 25% of the normal slip fee. In the event the permittee’s vessel returns before expiration of the 90 days, the full monthly slip rate will be reinstated and shall be charged for the entire period of time that the permittee’s vessel was absent from the Harbor.
2. Ownership of Vessel on Temporary Cancellation. A slip permittee must be and remain at all times an owner of the vessel registered to the slip permit that is issued temporary cancellation status by the Waterfront Department. Relinquishing ownership of the vessel for any reason shall be cause for termination of temporary status and reinstatement of the full monthly slip fees beginning on the date ownership of the vessel is relinquished. In the event that the vessel is destroyed by fire or other natural causes, reinstatement of monthly slip fees shall be determined by the Waterfront Director in his or her sole discretion.
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31 3. Removal of Personal Belongings Prior to Temporary Cancellation.
Prior to beginning temporary cancellation status, all skiffs, kayaks, boat lines, fenders, dock steps and all other appurtenances or equipment must be removed from the slip berthing the vessel whose owner requests temporary cancellation and from the dock adjacent to the slip berthing the vessel whose owner requests temporary cancellation.
4. Temporary Cancellation Exceeding One Year. Slip permittees with vessels absent for more than one year on extended cruise shall advise the Waterfront Department if the slip permittee intends to continue on extended cruise status on or before the end of the one-year period and shall provide the Waterfront Director with proof of ownership of the vessel. Lack of annual notification or verification of vessel ownership is grounds for revoking temporary cancellation status.
G. VISITOR SLIP ASSIGNMENTS. The Waterfront Department retains the right to utilize vacant slips and slips with temporarily canceled slip permits for transient slip assignments. No more than 30 visitor slips, exclusive of temporary cancellations and endties and sideties, shall be maintained for transient vessels.
H. EXCHANGE OF PERMITS. Slip permittees utilizing comparably sized slips may exchange (trade) slips with one another upon approval of the Waterfront Director. A processing fee or the slip transfer fee shall be charged upon the exchange of permits as provided by City Council resolution. A permittee subject to the Waiting List Transfer Fee (see Subsection C of this Section) who exchanges a permit pursuant to this Section shall remain subject to the Waiting List Transfer Fee. If the Waiting List Transfer Fee is charged
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32 following the exchange, it will be charged according to the fee applicable to the slip originally assigned. For purposes of the Waiting List Transfer Fee, the time the permittee holds the exchanged permit shall be added to the time the original permit was held. No exchanges will be permitted unless all rents, fees and deposits due are paid.
I. WATERFRONT DIRECTOR TERMINATION OF SLIP PERMITS. The Waterfront Director may terminate a Slip Permit upon 30 days prior written notice of termination (except for the longer notice period provided in paragraph 2 of this Subsection) to the slip permittee for any of the following reasons:
1. Late Payment of Monthly Slip Fees. Monthly Slip Fees are due and payable on the first day of the month with or without receipt of billing, and monthly Slip Fees are delinquent after the 15th day of the month. After the 15th day of the month, a late charge, in an amount established by resolution of the City Council, will be assessed and added to the Slip Fees which are delinquent. Failure to pay monthly Slip Fees, together with all accumulated late charges, may result in termination of the Slip Permit.
Termination of a Slip Permit due to late payment of Slip Fees may also result in termination of a live-aboard permit that may have been issued to a slip permittee of the terminated Slip Permit.
2. Death of a Sole Slip Permittee. A Slip Permit shall terminate 60 days after the date of death of a slip permittee under circumstances where the slip permittee has no surviving spouse, registered domestic partner or Slip Permit partners at the time of death.
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33 3. Failure to Meet Requirements for Commercial Fishing Earnings.
Failure of a person with a specially designated Commercial Fishing Slip Permit issued in accordance with Subsection B of this Section to meet the requirements for commercial fishing earnings, as such earnings requirement is established by resolution of the City Council, may result in termination of the Commercial Fishing Slip Permit.
4. Failure to Maintain Berthed Vessel in Operable Condition. Failure of a slip permittee to continuously maintain a vessel berthed in a Slip in an Operable condition may result in termination of the Slip Permit.
5. Failure of Slip Permittee to Comply With Waterfront Department Rules and Regulations. A slip permittee’s or slip permittee’s guest, visitor or invitee’s failure to comply with all applicable local, state and federal laws and all Waterfront Department Rules and Regulations may result in termination of the Slip Permit.
6. Failure of Slip Permittee or guests or invitees to comply with standards of health, safety and welfare in the use of Slips, Vessels and the Harbor.
J. APPEAL. If the Waterfront Director terminates a Slip Permit, the slip permittee may request a waiver of the termination from the Waterfront Director. To request a waiver, the slip permittee must file a written waiver request setting forth the grounds upon which the waiver is requested with the Waterfront Director within 10 days of the date that the Slip Permit is terminated. If the Waterfront Director denies the waiver, the slip permittee may appeal the Waterfront Director’s decision to the Harbor Commission. The appeal shall be filed in writing with the City Clerk within 10 days of the
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34 date of the Waterfront Director’s decision. The Harbor Commission’s decision on the appeal shall be final. If no waiver request is filed, the slip permittee may appeal the Waterfront Director’s decision to terminate the Slip Permit to the Harbor Commission. The slip permittee must file a written appeal setting forth the grounds upon which the appeal is based with the City Clerk within 10 days of the date that the Slip Permit is terminated.
The Harbor Commission’s decision on the appeal shall be final.
K. VESSELS IN THE HARBOR MUST BE OPERABLE.
1. Vessels Assigned to a Slip Permit Must be Maintained as Operable Vessels. Vessels assigned to a Slip Permit must be continuously maintained in an Operable condition. If, at any time, based upon the appearance of the vessel, inspection by the Waterfront Director, or other facts, the Waterfront Director determines that a vessel is not Operable, the Waterfront Director shall give notice to the slip permittee requiring the slip permittee to demonstrate that the vessel is Operable within 15 days of the date of the notice. If the slip permittee does not demonstrate Operability of the vessel within the 15-day period, the Slip Permit may be terminated and the vessel shall be removed from the Harbor.
Exception - Vessels Not Operable. Vessels that had assigned slips in the Santa Barbara Harbor on September 9, 1980, and which, on that date, were not Operable, shall be exempt from the operation of this Section until transfer of the Slip Permit, after which time the Operability is required.
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35 2. Vessels in the Harbor Must be Operable. Vessels in the Harbor must be continuously maintained as Operable Vessels. It is unlawful to berth a vessel in the Harbor that is not Operable.
L. ISSUANCE OF SLIP PERMIT AFTER TERMINATION. A slip permittee whose Slip Permit is terminated as provided herein may not apply for another Slip Permit until one year after the date upon which the Slip Permit is terminated. The Waterfront Director shall have the sole discretion to decide whether to issue another Slip Permit or not. The Waterfront Director’s decision shall be final.
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36 SECTION 5. Section 17.36.040 of Chapter 17.36 of Title 17 of the Santa Barbara Municipal Code is amended to read as follows:
17.36.040 72-Hour Vehicle Parking Limit in Parking Lots.
A. 72-HOUR VEHICLE PARKING LIMIT IN WATERFRONT PARKING LOTS.
Except as provided in Subsection B below, no person who owns, or has possession, custody or control of any vehicle shall park, stop or leave the vehicle in the same parking space in any of the Waterfront Parking Lots in excess of a period of 72 consecutive hours.
B. 72-HOUR VEHICLE PARKING LIMIT IN HARBOR PARKING LOT. No person who owns, or has possession, custody or control of any vehicle shall park, stop or leave the vehicle in the Harbor Parking Lot in excess of a period of 72 consecutive hours, except persons with valid permits or prepaid permits as established by City Council resolution, under the following circumstances:
1. Currently registered and fully operational vehicles owned by harbor slip permittees displayingwho have been issued a valid Waterfront slip-permittee parking permit may be parked for no more than 30 consecutive days in the Harbor Parking Lot, provided that the vehicle is removed from the lot for not less than 96 consecutive hours each 30 day period.without exiting the vehicle from the Harbor Parking Lot at least once for a period of no less than 96 consecutive hours the 30th consecutive day, all such vehicles must exit the Harbor Parking Lot for a period of no less than 96 consecutive hours. It is unlawful for a slip permittee with a valid Waterfront slip-permittee parking permit to fail to remove a permitted vehicle for at least 96 consecutive hours after 30
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37 consecutive days. Violation of this requirement is grounds for immediate revocation of a slip-permittee parking permit. The Waterfront Director may issue exceptions to the exiting requirement when necessary to support maritime activities. Such exceptions may be issued conditionally.
2. The Waterfront Director or his or her designee may permit a person to park a vehicle in the Harbor Parking Lot over the 72-hour limit for maritime reasons. The vehicle owner must register with the Waterfront Parking Office and obtain and display in the vehicle written evidence of permission prior to leaving the vehicle in the Harbor Parking Lot.
CITY OF SANTA BARBARA WATERFRONT DEPARTMENT
Project Statistics
A.P.N. 017-191-0WF
Zone PR- SD-3
Latitude 34° 24.59
Longitude 119° 40.13
Project Owner
Cily of Santa Barbara
Waterfront Department
132-A Harbor Way
Santa Barbara, CA 93109
Project Description
The East Beach Mooring/Anchoring
Program is designed to provide 45 mooring
spaces for individually permitted vessels,
plus seasonal anchoring opportunities for
non-permitted vessels. By formalizing the
mooring area and enforcing ground-tackle
specifications for moored vessels, the
Waterfront Department hopes to decrease
pollution, vessel groundings on East Beach
and financial impacts to the City.
Vicinity Map
NTS
CREATESHEETJWITH LAT LONG IN OO_MM_SS
L.Arro
J.J.
L.Arro
7 16/04
+ Project Location
Scale 1· = 700'
East Beach Mooring/Anchoring Program
City of Santa Barbara
Waterfront De artment
Program Boundaries and Buoys
Point Latitude Longitude
A" 34" 24.6608' 119"41.0896'
B" 34" 24.3870' 119" 40.9384'
c• 34" 24.1428' 119" 40.3669'
D" 34" 24.7207' 119" 40.6802'
Ett 34" 24.7354' 119" 40.6227'
F
tt 34" 24.8687' 119" 39.8462'
G"" 34" 24.7819' 119" 39.8769'
Htt 34" 24.5485' 119" 39.7307'
l
tt 34" 24.1937' 119" 39.7819'
Jh 34" 24.1593' 119" 40.3102'
K 34" 24.8968' 119" 39.5443'
L 34" 24.2098' 119" 39.5346'
Regulatory Buoy - no light, marked ·Seasonal Anchoring Area• "" Regulatory Buoy - 2 mile Amber Light, 15 FPM, marked ·Mooring Area - Permit Required• NOAA Charted Program Boundaries and Buoys
Point Latitude Longitude
A" 34" 24' 39.647' 119"41'5.374"
B" 34" 24' 23.222" 119" 40' 56.303"
c· 34" 24' 8.569" 119" 40' 22.012"
D" 34" 24' 43.242" 119" 40' 40.811
E"" 34" 24' 44.122" 119" 40' 37.361
E1 34" 24' 46.077' 119" 40' 29.696"
E2 34" 24' 47.335" 119" 40' 22.371
E3 34" 24' 49.715" 119" 40' 9.224"
E4 34" 24' 51.795" 119" 39' 54.617"
F
tt 34" 24' 52.124" 119" 39' 50.770"
Gtt 34" 24' 46.917' 119" 39' 52.616"
Htt 34" 24' 32.912" 119" 39' 43.844"
l
tt 34" 24' 11.622" 119" 39' 46.912"
Jh 34" 24' 9.557" 119" 40' 18.613"
K 34" 24' 53.807' 119" 39' 32.660"
L 34° 24' 12.587 119" 39' 32.076"
Regulatory Buoy - no light, marked ·Seasonal Anchoring 1vea· .... Regulatory Buoy - 2 mile Amber Light, 15 FPM, marked ·Mooring Area - Permit Required•
CITY OF SANTA BARBARA
WATERFRONT DEPARTMENT- FACILITIES DIVISION
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DWG.NO. 6003-014
Exhibit A to
Chapter 17.20
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: September 27, 2022
TO: Ordinance Committee
FROM: City Administrator’s Office
SUBJECT: Ordinance to Assign Additional Civilian Police Oversight Duties to the Board of Fire and Police Commissioners
RECOMMENDATION: That Ordinance Committee:
A. Receive the draft ordinance amending the Municipal Code by adding Chapter 2.09 to assign additional civilian police oversight duties to the Board of Fire and Police Commissioners; and
B. Provide feedback to staff in order to introduce the Ordinance to City Council.
EXECUTIVE SUMMARY:
On June 6, 2022, City Council directed staff to incorporate additional police oversight duties and authorities to the existing Fire and Police Commission (Commission). The proposed draft Ordinance follows that direction. In addition to making policy and budget recommendations regarding the Police and Fire Departments, the Ordinance now specifies the type and frequency of reporting to the Commission. This includes reports detailing the total number and type of internal and external complaints received and subsequent action taken, as well as the number of officers disciplined and the level of discipline imposed. The Commission will also review and discuss individual investigations in open session with the Police Chief, once investigations are disclosable under the California Public Records Act. Moreover, the Police Chief will make presentations to the Commission regarding any Officer Involved Shootings. Those presentations will occur once the agency conducting such an investigation makes its determinations of findings.
The proposed Ordinance also prioritizes community participation and engagement as a key component of strengthening understanding of the Police Department and the Fire Department. It is critical to understanding the work that the Police and Fire Departments do every day to ensure residents’ and visitors’ safety. This Ordinance includes rigorous training for Commissioners as well as providing more opportunities for community input and education on departmental policies, procedures, and practices.
Agenda Item No. 2
File Code No. 120.03
Ordinance Committee Agenda Report
Ordinance to Assign Additional Civilian Police Oversight Duties to the Board of Fire and Police Commissioners
September 27, 2022
DISCUSSION:
On June 6, 2022, the City Council directed City staff to incorporate additional duties and authorities for police oversight into the existing Fire and Police Commission. City Council assigned police monitoring responsibilities to the City Administrator’s Office (CAO).
Council also approved an Audit of the Police Department that is underway and being facilitated by the Office of Independent Review (OIR) Group.
Furthermore, the City Council voted to reconstitute the Fire and Police Commission, which will end the term of service for current Commissioners. The City will recruit all new Commissioners this Fall. This special recruitment is necessary because of the Commission’s new responsibilities and requirements required by the proposed Ordinance. The City is also in the process of vetting Independent Police Monitor professionals to retain and advise the City Administrator’s Office in the first year of taking on additional police oversight responsibilities, as directed by Council.
What Future Oversight in Santa Barbara Entails
The Ordinance is another important step to ensure that we strengthen accountability and transparency with the community regarding complaints of police misconduct. The following are either significant next steps in the process, or key points contained in the Ordinance:
(a) The proposed civilian oversight system will be a hybrid model. The Commission will serve in a review role and be supported by the CAO serving in an auditor / monitor role.
(b) Section 816 of the City Charter limits the Commission to five members. This Charter provision prohibits increasing the number of Commissioners. Therefore, staff has developed an Ordinance that is more inclusive of qualifications for membership than exclusive.
(c) The Commission will not be investigating cases of police misconduct or advising on disciplinary action in active investigations.
(d) The Commission will be reviewing aggregated data on the number and type of internal and external complaints received and subsequent action taken, including the number of officers disciplined and the level of discipline imposed. (e) The CAO, in its role as monitor, will have access to confidential information. Thus, the CAO will be coordinating with the Police Chief and Commission if further analysis is needed regarding whether there are inappropriate patterns and trends within the Department and/or additional review is needed of Department trainings, policies and procedures. The CAO, in the role of monitor, will then be able to work with the Police Department in addressing the findings and recommendations. (f) The Commission may review and discuss with the Police Chief, in open session, the contents of individual investigations, if and when the investigations become disclosable under the California Public Records Act.
Ordinance Committee Agenda Report
Ordinance to Assign Additional Civilian Police Oversight Duties to the Board of Fire and Police Commissioners
September 27, 2022
(g) The Commission will also receive presentations from the Police Chief concerning any Officer Involved Shootings once determinations or findings have been made by the agency conducting such an investigation (ex. District Attorney’s Office or the California Department of Justice).
(h) The Commission can also recommend to City Council periodic reviews or audits of the Police Department as well as the facilitation of community climate surveys and other community feedback mechanisms.
(i) Commission meetings will take place in City Council Chambers and be televised to increase transparency and accessibility to the public.
Charter Limitations
Given the direction from Council to incorporate additional duties and authorities of police oversight to the existing Fire & Police Commission, the City needs to adhere to several restrictions imposed by the City Charter. Those Charter restrictions include limiting the Commission to five (5) Commissioners, and that those Commissioners be qualified City of Santa Barbara electors. The Charter also limits the powers and duties of the Commission. Charter Section 607 provides that Commissioners cannot advise on disciplinary action, including the ability to be part of active investigations.
Public Outreach
City staff started presenting the initial draft Ordinance to key stakeholder groups on July 15, 2022 beginning with former members of the Community Formation Commission. City staff then met with the leadership of the Santa Barbara Police Department and the Police Officers’ Association Board of Directors. Suggested edits were then considered by an internal team including:
Rebecca Bjork, City Administrator
Rene Eyerly, Assistant City Administrator
John Doimas, Assistant City Attorney
Kasi Corbett, Lieutenant, Community Accountability
Barbara Andersen, Senior Assistant to the City Administrator Language changes were adopted and noted in the attached Stakeholder Comment Matrix. On August 23, 2022, City staff released the draft Ordinance on the City’s website and issued a press release inviting Public Comment until September 20, 2022. Strategic communication and distribution of the Ordinance was also facilitated to encourage Public Comment.
City staff engaged with a total of 88 individuals during this two-month period. The City received three written public comments and captured additional comments during oneon-one meetings or group presentations with the following:
Ordinance Committee Agenda Report
Ordinance to Assign Additional Civilian Police Oversight Duties to the Board of Fire and Police Commissioners
September 27, 2022
Mayor and City Councilmembers
Former Members of the Community Formation Commission
Fire Chief, City of Santa Barbara Fire Department
Fire Public Outreach Coordinator, City of Santa Barbara Fire Department Interim Police Chief, City of Santa Barbara Police Department Former Police Chief, City of Santa Barbara Police Department Fire and Police Commission
KW Mesa Project / Homeless Advocates Group
Healing Justice – Santa Barbara
Santa Barbara Alliance for Community Transformation
Santa Barbara Street Medicine
Residents and Business Owners (predominantly Eastside, Westside, and Downtown Neighborhoods)
Response to Public Comment
Additional edits and refinements were then made to the draft Ordinance in response to comments received during this process. Several topics emerged with broad community support and are included in the attached Ordinance. Those are:
The exclusion of any current or former law enforcement officer or firefighter, or where relevant or comparable, any member of the public, who has a sustained finding of serious misconduct (Section 2.09.020 D.2.).
The guidance provided in consideration of criminal history to assist City Council in making appointments to the Commission (Section 2.09.020 D.3.). The comprehensive Orientation and Training program outlined for new Commissioners (Section 2.09.030).
The Powers and Duties elevated and assigned to the Commission specific to oversight of the Police Department given the limitations of the City Charter (Section
2.09.040).
However, three key components remain that were the subject of robust public discourse.
The suggested language was not fully adopted into the attached draft Ordinance. Those components are:
(1) Whether there should be further delineation of membership qualifications and disqualifications, as was recommended by the former Community Formation Commission and the Community Formation Commission’s community survey results.
o This includes whether former law enforcement and their family members should be able to serve on the Commission and if so, what, if any period of time, needs to pass prior to eligibility.
o This also includes equity language regarding any over-representation of one gender, race, sexual orientation, etc.
Ordinance Committee Agenda Report
Ordinance to Assign Additional Civilian Police Oversight Duties to the Board of Fire and Police Commissioners
September 27, 2022
o Given the limited number of Commissioners, the Ordinance as drafted is geared to be more inclusive than exclusive regarding qualifications for membership.
(2) If ride-alongs should be required as part of Commissioner Orientation and Training. o A ride-along provides the opportunity for first-hand observation of the dayto-day work of law enforcement officers and firefighters. Because participants are able to ask questions and see an officer or firefighter perform their duties in serving the City, there is no other experience offered to the community that encompasses all of these day-to-day activities. o It is for this reason the Ordinance as drafted mandates ride-alongs for Commissioners. However, accommodations will be provided for those in need of them which offer different learning opportunities such as virtual simulations, observing body camera footage, spending time observing dispatch, etc.
(3) If Commissioners should be allowed to advise on disciplinary action in active investigations of police misconduct.
o There are limitations per the City Charter regarding the ability of the City Council and a Board and a Commission to directly or indirectly interfere with the Administrative Service, specifically the hiring or firing of City employees (Section 607).
City staff defers to the Ordinance Committee to weigh in on these specific suggestions, as well as to provide any additional feedback to staff in order to introduce the Ordinance to the City Council.
BUDGET/FINANCIAL INFORMATION:
There are no direct costs associated with the adoption of the Ordinance. However, it is important for the Committee to note that if the Ordinance is adopted by Council then additional staff time from the City Administrator’s Office, City Attorney’s Office, Police Department, Fire Department, and City TV will be dedicated to the Fire and Police Commission.
ATTACHMENT(S): 1. Draft Fire and Police Commission Ordinance
2. Stakeholder Comment Matrix on Draft Ordinance
.
PREPARED BY: Barbara Andersen, Senior Assistant to the City Administrator SUBMITTED BY: City Administrator’s Office
APPROVED BY: Rebecca Bjork, City Administrator
ATTACHMENT 1
1 AN ORDINANCE OF THE COUNCIL OF THE
CITY OF SANTA BARBARA AMENDING THE
MUNICIPAL CODE BY ADDING CHAPTER
2.09 TO ASSIGN ADDITIONAL CIVILIAN
POLICE OVERSIGHT DUTIES TO THE
BOARD OF FIRE AND POLICE
COMMISSIONERS
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Determinations.
A. On June 9, 2020, following extensive public comments and public protests related to the murder of George Floyd by a Minneapolis Police Officer, the City Council directed the City Attorney’s Office to provide an overview of civilian police review systems.
B. The City Council received the overview of civilian police review systems on July 21, 2020. The City Council formed and directed an ad hoc committee consisting of Council Members Meagan Harmon and Alejandra Gutierrez, to work with the City Administrator and the City Attorney to develop a framework for creating a diverse and inclusive board or commission to provide recommendations about formation of a civilian police review system.
C. On August 18, 2020, the ad hoc committee presented Council with a detailed framework describing the qualifications for members of what would become the Community Formation Commission (CFC).
D. The CFC held its first meeting on March 17, 2021. Over the period of thirteen months, the CFC accomplished the directive given by City Council by producing a Final Report of Recommendations for Civilian Oversight. The methodology used by the CFC was to explore Santa Barbara Police Department’s existing standards and to examine different types of civilian police review systems. The Final Recommendations provided details that included, among other things, the powers and duties of the Commission and Commissioner qualifications.
E. On June 6, 2022, City Council took several actions, including providing direction that civilian police oversight duties would be assigned to the City’s longstanding Fire and Police Commission (F & P Commission).
F. City Charter Section 816 establishes the F&P Commission. The Charter assigns to the F&P Commission many of the basic requirements of civilian oversight, including the duty to recommend to the City Council and to the City Administrator rules and regulations concerning the operation and conduct of the Fire and Police Departments.
G. City Charter Section 816 authorizes the City Council to assign other functions, powers and duties to the F&P Commission.
ATTACHMENT 1
2 H. The City Council has determined that the health, safety and general welfare of the community and its officers will be enhanced by assigning more explicit and modern civilian police oversight responsibilities to the F&P Commission.
SECTION 2. Title 2 of the Santa Barbara Municipal Code is amended by adding Chapter 2.09, which reads as follows:
2.09.010 Purpose.
This Chapter supplements the provisions of Section 816 of the Charter to strengthen the relationship between the Santa Barbara Fire Department and Police Department with the community by providing transparent oversight and increased civilian input regarding departmental policies, practices, and procedures.
2.09.020 Membership, Qualifications and Disqualifications.
A. The Fire and Police Commission shall be composed of five members to be appointed as provided in City Charter Sections 802 and 816.
B. In determining the desirable qualifications of the members of the Commission, the City Council intends to promote diversity, fairness and equity among the Commission’s membership by assuring it is inclusive and reflective of life and professional experience, race, ethnicity, age, gender identity, sexual orientation, ability, economic status, neighborhoods, and various communities of interest in the City. Toward that end, in soliciting applications for the position of a Commission member, the City Administrator’s Office shall reach out to civic, community, and civil rights organizations, among others to leverage their expertise, outreach, and representation of cross-sections of the community.
C. The City Council will also take into consideration a member’s personal or professional experience, or both, that will garner the confidence and trust of the Santa Barbara community, including relevant lived experience, demonstrated community standing, demonstrated history of collaborative working relationships with local government entities and/or nonprofit organizations, and relevant academic research or professional experience.
D. The following persons shall not be eligible to serve as a Commissioner:
1. Any individual or attorney who represents a person or entity with a pending claim or lawsuit against the Fire or Police Department, or any of their officers or employees; or
2. Any current or former law enforcement officer or firefighter, or where relevant or comparable any member of the public, who has a sustained finding of serious misconduct made by any law enforcement agency, independent investigator contracted by a public agency, or court as follows:
ATTACHMENT 1
3 a. Unreasonable or excessive force or an unjustified officer involved shooting.
b. Failed to intervene against another officer using force that is clearly unreasonable or excessive.
c. Engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings and gestures involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
d. Made an unlawful arrest or conducted an unlawful search. e. Committed sexual assault involving a member of the public. f. Dishonesty directly related to the reporting, investigation, or prosecution of a crime or an investigation of misconduct by another officer.
3. The City Council will be guided by the provisions of Section 3.16.070, subdivision B in the consideration of appointments to the Commission.
2.09.030 Orientation and Training.
The City Administrator’s Office and City Attorney’s Office will create and facilitate trainings, or retain appropriate expertise to do so including that of community-based leaders and organizations, and coordinate with the F & P Commission on a training calendar. Trainings may be delivered during public meetings to maximize educational opportunities with members of the public.
Within nine months of appointment, or as soon thereafter, each Commissioner shall be required to obtain the following training:
A. The requirements of Section 816 of the Charter and this Chapter. The training will be provided by the City Attorney.
B. The requirements of the California Public Safety Officers Procedural Bill of Rights Act (Gov't. Code Section 3300, et seq.), and the California Firefighters Procedural Bill of Rights Act (Gov't. Code Section 3250, et seq.).
C. The requirements of California's Political Reform Act (Gov't. Code Section 81000, et seq.) and California's Brown Act (Gov't. Code Section 54950, et seq.).
ATTACHMENT 1
4 D. Training on police oversight and community policing facilitated by the Department of Justice, a recognized expert in civilian oversight of law enforcement, and/or independent police monitor professional. This may include, but not be limited to, Public Records Act training, confidentiality requirements, and creation of the police decertification process and expansion of civil liability exposure (Section 52.1 of the Civil Code, Section 1029 of the Government Code, and Section 832.7 of the Penal Code).
E. Training to better understand the history of race and policing, the importance of equity, and the cultures that make up the Santa Barbara community.
F. Training on components of the criminal justice system and other relevant subject matters facilitated by the Police Department or through the Citizen Academy including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, due process and procedural rights, use of force and de-escalation practices, and investigation techniques.
G. Each Commissioner shall participate in a four-hour minimum day shift and a four-hour minimum night shift ride-a-long with the Police Department and four-hour minimum day shift with the Fire Department at least twice per four-year Commissioner term. Commissioners can request for accommodations.
H. Training on the quasi-judicial duties and obligations of the Commission as well as on governance practices, meeting facilitation, formal meeting protocols and communications, and community outreach practices.
I. The City Administrator’s Office and City Attorney’s Office, in consultation with the Fire and Police Departments, shall develop an orientation guide for new members of the Commission to familiarize and acquaint them with Fire and Police operations and policy.
The training required by Subsections A through C will be provided to a newly appointed member by the City Attorney within three months of the member’s appointment. Each member of the Commission is also required to receive training in ethics laws as specified in California Government Code Sections 53234 – 53235.2. The City Attorney will provide training to the Commission at a regular meeting thereof at least once each calendar year on the matters stated in Subsections A through C.
2.09.040 Powers and Duties.
A. The Fire and Police Commission shall have the powers and duties prescribed in Charter Section 816 as follows:
ATTACHMENT 1
5 1. Act in an advisory capacity to the City Council and to the City Administrator in all matters relating to efficient and adequate Fire and Police protection for the City of Santa Barbara.
2. Recommend to the City Council and to the City Administrator rules and regulations concerning the operation and conduct of the Fire and Police Departments.
3. Consider with the Chiefs of the respective Fire and Police Departments an annual budget of such Departments and make recommendations with respect thereto to the City Council and to the City Administrator.
4. Recommend to the City Administrator and to the City Council appointments to the offices of Fire Chief and Chief of Police.
5. Exercise such other functions, powers, and duties not inconsistent with this Charter as may be prescribed by ordinance.
B. Pursuant to the supplemental authority granted to the City Council to prescribe additional functions, powers, and duties by ordinance the Commission shall have the following additional powers and duties.
1. To provide a forum to facilitate communication between the community and the Fire and Police Departments, including opportunities for community input and education on departmental policies, procedures, and practices in Santa Barbara.
2. In coordination with the police monitor role within the City Administrator’s Office, discuss patterns, trends, and significant observations in complaints of police misconduct and facilitate the review of applicable Police Department policies, procedures and practices to propose revisions to which the Chief of Police shall respond to the Commission within 45 days. An extension of up to 45 additional days can be requested by the Chief of Police and approved by a majority vote of the Commission.
3. To conduct ongoing reviews of the complaint process, in collaboration with the police monitor role in the City Administrator’s Office, and make recommendations on improving the process based on established effective civilian oversight practices.
4. Receive reports from the Chief of Police or the City Administrator’s Office that contain aggregate data regarding internal investigations and subsequent employment actions taken. The reports shall not disclose any information in violation of state and local law regarding the confidentiality of personnel records, including but not limited to, California Penal Code Section 832.7. Aggregate data includes the following:
ATTACHMENT 1
6 a. The number of complaints of Department sworn employees submitted to the Professional Standards Unit (PSU) on a quarterly basis. b. The number of pending PSU investigations, and the related policy section of misconduct that are being investigated on a quarterly basis. c. The number of internal investigations completed by the PSU and the findings of the investigations on a yearly basis. d. The topic and total hours of training session provided to Department sworn employees, and the subject matter of the training sessions on a yearly basis.
e. Number of Department sworn employees disciplined and the level of discipline imposed on a yearly basis.
f. The number of complaints investigated that did not result in discipline of the subject officer on a yearly basis.
Notwithstanding any other functions, powers and duties assigned by this Chapter, Commission members shall not (i) directly or indirectly participate or attempt to participate in personnel matters, or (ii) direct or attempt to direct that personnel action be taken on specific Department employees.
5. The Commission may review and discuss with the Police Chief, in open session, individual investigations, if and when they become disclosable under the California Public Records Act pursuant to California Penal Code Section 832.7.
6. To issue subpoenas pursuant to Santa Barbara Municipal Code Chapter 9.118 but not pertaining to personnel-related, independent investigations.
7. To review and provide feedback on monthly updates presented by the Chief of Police on the Department’s customer service programs, community oriented policing initiatives, crime trends and statistics, and crime prevention programs. The Commission may publish such reports on its website.
8. To receive a presentation from the Chief of Police concerning any Officer Involved Shootings (OIS). To protect the integrity of any OIS investigation, the presentation may be given once determinations or findings have been made by the agency conducting such investigation. In addition, to ensure broader community engagement for an OIS, the City Administrator’s Office along with the Commission shall conduct outreach prior to any presentation.
9. The police monitor role within the City Administrator’s Office will coordinate with the Commission to submit an annual report and work-plan to the City Council no later than March 1 of each year. The report may include information and input ATTACHMENT 1
7 on items such as: the Commission’s activities during the year, evaluation of the workload and capacity of the Commission to address priority issues, and a summary of the number, type, and disposition of complaints filed with the Police Department and Fire Department by members of the public.
10. To provide ongoing evaluation of oversight functions and responsibilities in coordination with the police monitor role within the City Administrator’s Office, including the ability to recommend to the City Council periodic reviews or audits of the Fire and Police Departments as well as the facilitation of community climate surveys and other community feedback mechanisms.
C. The provisions in this Section are supplemental to the powers of the Commission granted by Section 816 of the Charter.
2.09.050 Access to Records.
The Commission shall have access to all Fire and Police Department files and records allowable according to state law.
2.09.060 Public Statements of the Commission.
Official communications of the Commission shall be approved by majority vote of the entire membership taken at a public meeting. The Commission by majority vote of the entire membership may designate one of its members to make official statements to the public. Other members may publicly discuss the role of the Commissioner and the Commission's public and official business for educating the community consistent with the limitations of this Section and the Brown Act.
ATTACHMENT 2
SANTA BARBARA FIRE & POLICE COMMISSION ORDINANCE STAKEHOLDER COMMENT MATRIX 1 Comment
No.
Section
Reference(s) Summarized Comment Comments Received Action Notes 1 – Findings and Determinations
1 1.A.
Add language that recognizes contribution of Healing
Justice – SB in advocating for and supporting
Council and City staff in the creation of the
Community Formation Commission.
4 Declined
The historical capture is meant to be
procedural only and specific to the role
of the City and its designated
authorities.
2 1.D. Change language to say Final recommendations, not Draft recommendations presented by the CFC 3 Adopted
2.09.010 – Purpose
2.09.020 – Membership, Qualifications and Disqualifications 1 B. Add language including life and professional
experience 1 Adopted
2 B. Add language including abilities 1 Adopted
3 B.
There needs to be accommodations for those with
disabilities, not simply stating “abilities.” 4 Adopted Accommodations for individuals with
functional and access needs are a
requirement per Federal, State and
City policies.
4 B.
Change references to “Senior Assistant to the City
Administrator” to something more general; may be
too specific
1 Adopted
Changed all references from Senior
Assistant to the City Administrator to
the City Administrator’s Office.
Change language to align with CFC
recommendations on Membership Composition,
Qualifications and Disqualifications including:
5 C.
Composed of seven (7) at-large members and two
(2) alternates who have the experience that will
garner the confidence and trust of the community,
including relevant lived experience, demonstrated
community standing, and relevant academic
research or professional experience
6 Declined
Requires a change to the City Charter;
Section 816 currently states that a total
of five (5) members serve on the Fire &
Police Commission.
6 C.
Members shall reside, and/or work, and/or be
enrolled in an educational program in the City of
Santa Barbara at the time of appointment 6 Declined
Requires a change to the City Charter;
Section 802 currently states that you
need to be a qualified elector of the
City of Santa Barbara to serve on the
Commission.
ATTACHMENT 2
SANTA BARBARA FIRE & POLICE COMMISSION ORDINANCE STAKEHOLDER COMMENT MATRIX 2 Comment
No.
Section
Reference(s) Summarized Comment Comments Received Action Notes 7 C.
Up to one (1) seat may be filled by a community
member with lived experience as sworn law
enforcement who meetings the following criteria:
- They have not previously served as a sworn
law enforcement officer in Santa Barbara
County
- They have been retired from law
enforcement for seven (7) or more years
- They do not have a history of misconduct
while serving as a sworn law enforcement
officer as defined by SB1421 and SB16
6 Partially
Adopted
Given the limited number of
Commissions, the Membership
Qualifications and Disqualifications are
geared to being more inclusive than
exclusive. There is an exclusion for
sworn law enforcement officers and
firefighters with a history of serious
misconduct.
8 D.
- Exclude membership for any former law
enforcement officer in Santa Barbara County
4 Declined
Given the limited number of
Commissions, the Membership
Qualifications and Disqualifications are
more inclusive than exclusive. There is
an exclusion for sworn law
enforcement officers and firefighters
with a history of serious misconduct.
9 C.
There is no equity language being used in regard to
composition of Commission membership. Add
language regarding percentages of representation
including no more than 60% of one gender, sexual
orientation, etc. 4 Declined
Given the limited number of
Commissions, the Membership
Qualifications and Disqualifications are
more inclusive than exclusive.
Language is included in Section B that
details desirable qualifications for
membership specifically referencing
race, ethnicity, age, gender identify,
and sexual orientation.
10 C.
Undocumented individuals should be included in
membership specifically. 4 Declined
Requires a change to the City Charter;
Section 802 currently states that you
need to be a qualified elector of the
City of Santa Barbara.
11 C.
System-impacted individuals and/or formerly
incarcerated individuals should be included in
membership specifically. 4
Partially
Adopted
The City is encouraging systemimpacted individuals to apply to the Commission and factors that may be
considered in regard to criminal history
are included in Section D.4.
ATTACHMENT 2
SANTA BARBARA FIRE & POLICE COMMISSION ORDINANCE STAKEHOLDER COMMENT MATRIX 3 Comment
No.
Section
Reference(s) Summarized Comment Comments Received Action Notes 12 C.
They agree to provide access to their personal
records via a waiver form created by the City for
each such agency they were employed at as a peace
officer
2 Partially
Adopted
Added Section C.4. noting factors that
may be considered are identical to
those listed in Municipal Code Section
3.16.070
13 C.
No member shall be an employee of the City of
Santa Barbara nor an immediate family member of
current or former SBPD employees or employees of
the City of Santa Barbara.
6 Partially
Adopted
A member cannot be a current
employee of the City of Santa Barbara
due to exclusions noted in the City
Charter Section 802.
14 D.
Membership should exclude any current or former
member of law enforcement, as well as a family
member of a current or former law enforcement
officer.
4 Partially
Adopted
A member cannot be a current
employee of the City of Santa Barbara
due to exclusions noted in the City
Charter Section 802.
15 D.2.
Remove language regarding active probation or
parole. There is already Section D.4. that details the
considerations for criminal history.
4 Adopted
16 D.3.
Language should not be specific to a sustained
finding and should be more all-encompassing. This
includes being part of an investigation, active
investigation, etc.
4 Declined
Sustained findings enable the
complaint process and any subsequent
investigation to be just to all parties.
The City must allow for due process.
17 C.
In listing the types of misconduct, add language on
participation in a law enforcement gang. 2Partially
Adopted
This information is challenging to selfreport. Added new Section C regarding demonstrated community standing and
Section D.4.
18 C.
Add language that excludes membership from
individuals that served on the Community Formation
Commission (CFC) for a minimum of five (5) years
from time of service as the CFC has voiced their lack
of support for the civilian oversight system being
implemented.
13 Declined
Given the limited number of
Commissions, the Membership
Qualifications and Disqualifications are
more inclusive than exclusive.
19 D.
Add “all individuals” to those with a history of serious conduct.
18 Adopted
Included language in Section D.3. that
states “or where relevant or
comparable to any member of the
public.”
ATTACHMENT 2
SANTA BARBARA FIRE & POLICE COMMISSION ORDINANCE STAKEHOLDER COMMENT MATRIX 4 Comment
No.
Section
Reference(s) Summarized Comment Comments Received Action Notes 20 D.
Add language requiring comprehensive background
checks (e.g. Department of Justice Live Scan) for all
Commissioners.
18 Declined
The City is encouraging systemimpacted individuals to apply to the Commission and factors that may be
considered in regard to criminal history
are included in Section D.4. The City
does not want comprehensive
background checks to be a deterrent to
applicants.
21 D.
Add language to D.3. to state “any current or former
law enforcement officer or firefighter who has a
sustained finding of serious misconduct made by any
law enforcement agency, independent investigator
contracted by a public agency, or court as follows…”
Then delete repetitive text from subsequent sections.
1 Adopted
22 D.
Add language regarding membership exclusion to
any current or former law enforcement officer or
firefighter with an active investigation of misconduct
in process.
1 Discuss
Sustained findings enable the
complaint process and any subsequent
investigation to be just to all parties.
23 D. The level of detail on serious misconduct seems so unbalanced. 2
2.09.030 – Orientation and Training
1 Add clarification on how training is being conducted. 4 Adopted
Added language at the beginning of
Section 2.09.030 and added language
in Section D.
2 Language should include engagement of communitybased organizations in development and execution of trainings.
4 Adopted
Language added to introduction to
Orientation and Training.
3 G.
Extend the timeframe to complete ride-alongs from
three months to six months. 2 Adopted
Changed timeframe to complete ridealongs from three months to nine months.
4 G.
Add language that allows for “comparable, immersive
experience” to ride-alongs. 3
Partially
Adopted
Added language that states
Commissioners can request
accommodations.
ATTACHMENT 2
SANTA BARBARA FIRE & POLICE COMMISSION ORDINANCE STAKEHOLDER COMMENT MATRIX 5 Comment
No.
Section
Reference(s) Summarized Comment Comments Received Action Notes 5 G.
It is unclear if the ride-alongs are a requirement.
Ride-alongs should not be a requirement considering
people’s marginalized identities. You do not need a
ride-along to understand police misconduct.
4 Partially
Adopted
Section G includes language that ridealongs are required as part of Orientation and Training.
Commissioners can request for
accommodations.
6 G.
Ride-alongs should be a requirement for all members
of the Commission. There isn’t an equivalent,
immersive experience, but accommodations can be
made to accommodate access and functional needs.
20 Adopted
Section G includes language that ridealongs are required as part of Orientation and Training.
Commissioners can request for
accommodations.
7 G. Add language to require ride-alongs for the Fire
Department as well. 1 Adopted Added language to Section G. 8 Add language to include training on the history of
race and policing. 3 Adopted Added language in new Section E. 9 Add position in City Administrator’s Office as well as the Independent Police Monitor professional to
training portion.
2 Declined
This will be addressed through new
civilian oversight system policies and
procedures.
2.09.040 – Powers and Duties
1 A.5.
Add language regarding external investigations.
1 Declined
This will be addressed through new
civilian oversight system policies and
procedures.
2 B.
Add language that makes the connection between
the powers and duties of the Commission and the
Auditor / Monitor role of the City Administrator’s
Office.
5 Partially
Adopted
Added language to Section B.2.,
Section B.3. and Section B.10. This will
be mostly addressed through new
civilian oversight system policies and
procedures.
3 B.2.
Add language to include quarterly reports and any
other departmental operations. 1
Partially
Adopted
Added language to Section B.2. and
added new Section B.3. and new
Section B.10.
4 B.4.
There are data reports that have no time reference
associated with them, but others say yearly. Add
language that includes monthly, quarterly, or yearly
for each report.
4 Adopted
ATTACHMENT 2
SANTA BARBARA FIRE & POLICE COMMISSION ORDINANCE STAKEHOLDER COMMENT MATRIX 6 Comment
No.
Section
Reference(s) Summarized Comment Comments Received Action Notes 5 B.4.F.
The Commission should be able to state if they do
not feel the complaint was investigated
appropriately.
5 Declined
This responsibility is assigned to the
monitor role in the City Administrator’s
Office.
6 B.6. Add language on performing quasi and judicial
duties. 1 Adopted Language included in Section A.5.
7 B.5.
Include language that specifies the evidence and
materials that will be available for review including
body-cam footage. 4 Declined
The evidence and materials that are
available through the California Public
Records Act could vary as State law
continues to evolve, but it will be part
of Commissioner Orientation and
Training.
8 B.6.
Add language that states subpoena power does not
pertain to personnel-related independent
investigations.
9 Adopted
9 B.
This section is missing the relationship between the
Commission and the monitor role in the City
Administrator’s Office. There should be safeguarding
in place in determining who the next person is to
fulfill this role.
5 Declined
Hiring / firing and performance
assessment of the monitor role fulfilled
by the Senior Assistant to the City
Administrator is conducted by the City
Administrator
10 The Auditor role is an important component and
there is not anything in the language that talks about
the Auditor. 5
Partially
Adopted
Added language to a new Section
B.10. and will address it through new
civilian oversight system policies and
procedures.
11 The role and responsibilities of the Commission and
the role and responsibilities of the Auditor / Monitor
position in the City Administrator’s Office need to be
more clearly articulated.
8 Partially
Adopted
Added language to a new Section
B.10. and will address it through new
civilian oversight system policies and
procedures.
2.09.050 – Access to Records
2.09.060 – Public Statements of the Board
General Comments
1 The oversight system being proposed does not
reflect the needs of our community. 10
N/A A general overall comment, which
makes it difficult to respond to for the
purposes of this chart.
ATTACHMENT 2
SANTA BARBARA FIRE & POLICE COMMISSION ORDINANCE STAKEHOLDER COMMENT MATRIX 7 Comment
No.
Section
Reference(s) Summarized Comment Comments Received Action Notes 2 In the current language, who (or what entity)
determines when an independent investigation is
necessary? 1
N/A This will be addressed through new
civilian oversight system policies and
procedures created in collaboration
with the new Commission.
3 Add language that a member of the Fire & Police
Commission will sit on the interview panel for the
person overseeing the monitor role.
1 N/A A minimum of one member of the Fire
& Police Commission currently
participates on a community interview
panel for the Fire Chief and Chief of
Police. Former members of the CFC
also participated in the community
interview panel for the newly
appointed Chief of Police. It is under
the purview of the City Administrator to
include community members in the
interview process for the Senior
Assistant to the City Administrator.
4 I have confidence in our Chief of Police, Mayor, City Administrator’s Office to perform oversight of the
Police Dept as well as other offices. I don’t really see a need for this and moreover it will involve another
expenditure of funds and time which is simply not
necessary. Thank you for looking at it. I think this is one of those ideas a few people thought was needed
which really is not.
1 N/A A general Public Comment.
5 I sincerely hope that this ordinance, and the
oversight committee, covers the Harbor Patrol as
well. 1
N/A Complaints involving the Harbor Patrol
and Airport Patrol are not included in
the oversight duties of the Fire &
Police Commission at this time.
6 As a resident of Santa Barbara, I am voicing my
deep concern over the Draft Ordinance for Civilian
Police Oversight. Our city is suffering from increased
crime of multiple varieties across our neighborhoods.
Our police officers work hard to do their best under
trying situations. This ordinance will do nothing to
make citizens safer from rampant criminal activity,
but rather only lead to demoralized police officers
and emboldened lawbreakers. The city leadership of
Santa Barbara should focus on the real and
1 N/A A general Public Comment.
ATTACHMENT 2
SANTA BARBARA FIRE & POLICE COMMISSION ORDINANCE STAKEHOLDER COMMENT MATRIX 8 significant problems of the citizens of Santa Barbara and not pursue politically motivated and misguided
bureaucracy, of which the Draft Ordinance for
Civilian Police Oversight is a clear example.
Comment
No.
Section
Reference(s) Summarized Comment Comments Received Action Notes 7 We need a clear and accessible complaint process.
21 Adoption
through part
of the Work
Plan of the
Commission
A clear and accessible complaint
process is one of the top priorities and
review of the process has been
included in an external audit and will
be incorporated into the new civilian
oversight system policies and
procedures. City staff also anticipates
this to be included in the Work Plan for
the new Commission.
8 This ordinance should include oversight of Public
Safety Dispatchers.
2 N/A Complaints are received and
investigated on any employee of the
Police Department. Though
professional staff does not have the
same State law mechanisms of
oversight, nor do they have the same
powers and authorities.
9 How are we supporting people to participate and
honoring their expertise? There should be
compensation for the time and knowledge
contributed during the Public Comment process as
well as compensation for new Fire & Police
Commissioners.
5 Declined The Ordinance does not contain
compensation for members to align
with the majority of Boards and
Commissions in the City.
CITY OF SANTA BARBARA
SPECIAL FINANCE COMMITTEE MEETING
MEETING AGENDA
DATE: September 27, 2022 Eric Friedman, Chair
TIME: 12:00 PM Alejandra Gutierrez
PLACE: David Gebhard Public Meeting Room Meagan Harmon
630 Garden Street; and
1030 Cacique Street, Santa Barbara, CA 93103
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_I82QD_yHTmmxdX7pIECtjg Webinar ID: 883 5797 2773
Passcode: 900644
After registering, you will receive a confirmation email containing information about joining the webinar.
Telephone: Dial 1-669-900-6833, Enter Webinar ID: 883 5797 2773 (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.
File Code No. 120.03
ITEMS FOR CONSIDERATION:
1. Subject: Fiscal Year 2022 Fourth Quarter Review and Proposed Changes to the City’s Reserve Policy
Recommendation: That Finance Committee:
A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the twelve months ended June 30, 2022; B. Accept the Fiscal Year 2022 Interim Financial Statements for the twelve months ended June 30, 2022;
C. Recommend that Council approve the proposed fourth quarter adjustments to Fiscal Year 2022 revenue and expenditure appropriations as detailed in the attached schedule of proposed Fourth Quarter adjustments; and D. Review staff’s proposed recommended revisions to the City’s Reserve Policy, provide feedback to staff and recommend approval of the revised policy to the City Council.
2. Subject: Library Department Financial Review
Recommendation: That Finance Committee receive a presentation from staff on the Library Department’s programs and services, including sources of funding, expenditure analysis, and other operational topics.
CITY OF SANTA BARBARA
FINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: September 27, 2022
TO: Finance Committee
FROM: Accounting Division, Finance Department
SUBJECT: Fiscal Year 2022 Fourth Quarter Review and Proposed Changes to the City’s Reserve Policy
RECOMMENDATION: That Finance Committee:
A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the twelve months ended June 30, 2022; B. Accept the Fiscal Year 2022 Interim Financial Statements for the twelve months ended June 30, 2022;
C. Recommend that Council approve the proposed fourth quarter adjustments to Fiscal Year 2022 revenue and expenditure appropriations as detailed in the attached schedule of proposed Fourth Quarter adjustments; and D. Review staff’s proposed recommended revisions to the City’s Reserve Policy, provide feedback to staff and recommend approval of the revised policy to the City Council.
DISCUSSION:
Each month, staff presents the interim financial statements (Attachment 1) showing the status of revenues and expenditures in relation to budget for each of the City’s Funds.
Each quarter, the interim financial statements are expanded to include a detailed narrative analysis of the General Fund and Enterprise Funds. This narrative analysis is included in Attachment 2.
In addition to the fourth quarter budget analysis, staff brings forward recommended revenue and expenditure budget adjustments for City Council approval. These adjustments are the result of new information and/or unanticipated events that occurred since the adoption of the budget in June 2021. A listing and description of each proposed adjustment to the current year budget is provided in Attachment 3.
Agenda Item No. 1
File Code No. 120.03
Finance Committee Agenda Report
Fiscal Year 2022 Fourth Quarter Review and Proposed Changes to the City’s Reserve Policy
September 27, 2022
Staff implemented a fourth quarter review process to review revenue and expenditure line items to assess any material changes that may occur during the fiscal year. For General Funded departments, staff reviewed their operating budget reduction targets and confirmed specific plans were implemented to meet these targets. This approach to identify and confirm specific budget reduction line items provided the best ability for staff to ensure required cost savings were met to achieve a balance budget by the end of the fiscal year.
The table below summarizes the General Fund revenue and expenditure budget including actuals through the fourth quarter. The total adopted revenue budget is $168.5 Million, and the total adopted expenditure budget is $169.5 Million resulting an operating deficit of $1 Million. The revised budget includes additional expenditures from encumbrances from prior year contractual commitments.
General Fund
(in $ Millions)
FY2022
Adopted
Budget
FY2022
Revised
Budget
Q4
Actuals
Q4 Actuals
Percent of
Revised
Budget
Revenues $168.5 $180.8 $196.0 108.4%
Expenditures 169.5 186.7 181.4 97.1%
Surplus/(Deficit) ($1.0) ($5.9) $14.6
50% Surplus to Capital (7.3)
Revised Surplus/(Deficit) $7.3
Continued economic recovery occurred through the end of FY2022 that resulted in additional sales tax and transient occupancy tax revenues compared to last fiscal year.
General fund departments implemented the $6.8 Million of expenditure reduction targets included in the adopted budget, and many departments realized additional expenditure savings primarily from additional salary and fringe savings due to additional vacant positions.
Overall, staff is projecting an operating surplus in the General Fund of $14.6 Million. City Council Resolution 12-066 requires that 50% of the year-end surplus be transferred to the capital fund to implement priority capital projects; therefore, the revised projected surplus for the General Fund is $7.3 Million. Although this surplus replenishes General Fund reserves, the FY2023 adopted budget called for the use of $1 Million in order to balance the budget, which results in projected reserves being below policy targets by the end of FY2023.
Staff is not recommending any additional budget actions at this time in order to balance the budget by fiscal year end; furthermore, staff will continue to closely monitor revenues and expenditures each month and provide a comprehensive financial projection during the future reports. Also, staff will continue to monitor fund balance and reserve implications due to any additional economic changes and present potential impacts in the future reports.
Finance Committee Agenda Report
Fiscal Year 2022 Fourth Quarter Review and Proposed Changes to the City’s Reserve Policy
September 27, 2022
PROPOSED CHANGES TO THE CITY’S RESERVE POLICY:
The establishment, adherence, and continuous monitoring of a reserve policy is a local government best practice. The City strategically leveraged reserves in recent years to be able to respond to local fires and other disasters, impacts from COVID, and other annual budget fluctuations in order to sustain operations and continue to provide services to the public. On October 3, 2012, the City Council adopted Resolution 12-066 establishing policies for reserves for the City’s General Fund, Enterprise Funds, and Internal Service Funds. The City’s reserve policy sets reserve amounts for disaster and contingency reserves as well as laying out a process for requiring a balancing strategy and plan for replenishment.
The reserve policy also sets a policy that 50% of any annual operating General Fund surplus will be allocated for capital improvement projects. Leveraging surplus funds for one-time capital improvement projects is a common policy that many cities include in their reserve policies. Surplus funds are considered one-time funds, and one-time funds should only be used for one-time uses, such as capital. Since this resolution was adopted, Santa Barbara voters approved Measure C in 2017 establishing a 1% district sales tax increase to be used to address capital and other priority projects and initiatives. This revenue source has been used to fund dozens of important projects and initiatives over the past five years and generates more than $25 Million a year. Thus, the need for the current reserve policy to allocate 50% of any annual operating General Fund surplus for capital is no longer a priority.
On December 7, 2021, the Finance Committee received a presentation from staff regarding the City’s significant pension costs and liabilities, as well as considerations for implementing various pension management strategies to control and reduce pension costs in the future. The Committee directed staff to research and propose a pension management policy for consideration. Direction was also provided to staff during FY2023 budget hearings to consider revisions to the reserve policy to address pensions and possibly other priorities.
Staff is recommending the following material changes to the reserve policy:
Eliminate the requirement that 50% of any annual operating General Fund surplus go to capital, and require that a proportional share of annual operating surpluses in the City’s General Fund, Enterprise and Internal Service funds be allocated to address pension-related expenses and future liabilities; Rescind Resolution 18-056, revising the reserve policy for the Facilities Management Fund and incorporating the policy requirements into this policy to achieve one, citywide reserve policy;
For Enterprise Funds, allow the contingency reserve to also serve as a rate stabilization reserve to buffer a significant loss in revenue or the impacts of rate increases;
Finance Committee Agenda Report
Fiscal Year 2022 Fourth Quarter Review and Proposed Changes to the City’s Reserve Policy
September 27, 2022
Consider establishing a line of credit for financing capital projects and in the event of a disaster, which may also lessen the need to require disaster reserves in the future; and
Increase the General Fund annual appropriated reserve in the adopted budget from $150,000 to $250,000 to provide the necessary flexibility for the City Administrator to allocate funds for immediate, operational issues that arise during the year.
Staff is seeking the Finance Committee’s feedback the proposed changes to the reserve policy and a recommendation to City Council to approve the policy. Staff will plan to present the revised policy to the City Council at a future regular meeting of the City Council.
ATTACHMENTS: 1. Summary by Fund Statement of Revenues and Expenditures for the Twelve Months Ended June 30, 2022
2. Interim Financial Statements for the Twelve Months Ended June 30, 2022 (Narrative Analysis)
3. Schedule of Proposed Fourth Quarter Adjustments
4. Proposed Changes to the City’s Reserve Policy
PREPARED BY: Doug Smith, Accounting Manager
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
ATTACHMENT 1
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
GENERAL FUND (pages 3-7)
Revenue 180,792,970 195,992,699 3,005 (15,196,724) 108.4% 172,555,237 Expenditures 186,708,820 175,549,973 1,759,578 9,399,270 95.0% 165,468,209 Addition to / (use of) reserves (5,915,850) 20,442,726 (1,762,582) 7,087,028 SOLID WASTE FUND (page 9)
Revenue 32,782,443 33,930,892 - (1,148,449) 103.5% 29,882,454 Expenditures 31,898,579 29,816,546 324,062 1,757,970 94.5% 27,919,994 Addition to / (use of) reserves 883,865 4,114,347 (324,062) 1,962,460 WATER OPERATING FUND (page 10)
Revenue 75,171,571 78,582,151 - (3,410,581) 104.5% 64,048,692 Expenditures 72,560,119 66,416,925 1,670,845 4,472,349 93.8% 57,448,395 Addition to / (use of) reserves 2,611,451 12,165,226 (1,670,845) 6,600,297 WASTEWATER OPERATING FUND (page 11)
Revenue 25,771,201 25,910,883 - (139,681) 100.5% 24,734,273 Expenditures 26,493,686 25,201,267 519,009 773,410 97.1% 21,648,097 Addition to / (use of) reserves (722,485) 709,616 (519,009) 3,086,176 DOWNTOWN PARKING FUND (page 12)
Revenue 9,441,517 8,475,672 - 965,845 89.8% 5,142,225
Expenditures 8,807,956 8,048,166 101,332 658,457 92.5% 8,093,607 Addition to / (use of) reserves 633,562 427,506 (101,332) (2,951,383) AIRPORT OPERATING FUND (page 13)
Revenue 27,612,095 30,280,673 - (2,668,578) 109.7% 28,756,892 Expenditures 31,535,748 27,226,349 1,123,686 3,185,713 89.9% 23,531,801 Addition to / (use of) reserves (3,923,653) 3,054,324 (1,123,686) 5,225,091 GOLF COURSE FUND (page 14)
Revenue 3,643,209 4,198,344 - (555,135) 115.2% 4,094,479 Expenditures 3,365,685 3,257,816 - 107,869 96.8% 3,101,527 Addition to / (use of) reserves 277,524 940,528 - 992,952 FACILITIES MANAGEMENT FUND (page 15)
Revenue 6,877,709 6,423,132 - 454,577 93.4% 6,656,129
Expenditures 7,503,317 6,606,666 10,246 886,404 88.2% 6,834,128 Addition to / (use of) reserves (625,608) (183,535) (10,246) (177,999)
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
Summary by Fund
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
Summary by Fund
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year) FLEET REPLACEMENT FUND (page 16)
Revenue 3,624,652 3,685,318 - (60,666) 101.7% 3,761,344 Expenditures 6,866,417 3,402,117 682,647 2,781,653 59.5% 2,118,916 Addition to / (use of) reserves (3,241,765) 283,201 (682,647) 1,642,428 FLEET MAINTENANCE FUND (page 17)
Revenue 3,017,649 3,019,766 - (2,117) 100.1% 2,944,512
Expenditures 3,222,975 3,093,671 61,743 67,562 97.9% 2,708,238 Addition to / (use of) reserves (205,326) (73,905) (61,743) 236,274 SELF INSURANCE TRUST FUND (page 18)
Revenue 10,416,087 10,348,667 - 67,420 99.4% 14,851,214 Expenditures 11,348,101 11,604,082 45,793 (301,774) 102.7% 11,879,635 Addition to / (use of) reserves (932,014) (1,255,415) (45,793) 2,971,578 INFORMATION TECHNOLOGY FUND (page 19)
Revenue 4,562,225 4,562,222 - 3 100.0% 3,840,831
Expenditures 4,680,814 4,445,817 25,429 209,568 95.5% 3,736,678 Addition to / (use of) reserves (118,590) 116,405 (25,429) 104,153 WATERFRONT OPERATING FUND (page 20)
Revenue 15,787,604 17,814,379 - (2,026,775) 112.8% 15,764,403 Expenditures 16,322,915 15,015,686 275,191 1,032,039 93.7% 14,747,702 Addition to / (use of) reserves (535,310) 2,798,694 (275,191) 1,016,701 SANTA BARBARA CLEAN ENERGY FUND (page 21)
Revenue 12,526,007 16,312,014 - (3,786,007) 130.2% 679,503 Expenditures 10,224,917 15,548,593 175,333 (5,499,009) 153.8% 453,815 Addition to / (use of) reserves 2,301,090 763,421 (175,333) 225,688 ENERGY AND CLIMATE MANAGEMENT FUND (page 22)
Revenue 2,565,236 2,550,238 - 14,999 99.4% 2,384,354
Expenditures 2,811,726 2,201,540 256,099 354,087 87.4% 2,168,492 Addition to / (use of) reserves (246,490) 348,697 (256,099) 215,862
TOTAL FOR ALL FUNDS
Revenue 414,592,177 442,087,050 3,005 (27,491,869) 106.6% 380,096,542 Expenditures 424,351,775 397,435,214 7,030,991 19,885,569 95.3% 351,859,235 Addition to / (use of) reserves (9,759,599) 44,651,836 (7,033,996) 28,237,307 ** It is City policy to adopt a balanced budget. In most cases, encumbrance balances exist at year-end. These encumbrance balances are obligations of each fund and must be reported at the beginning of each fiscal year. In addition, a corresponding appropriations entry must be made in order to accommodate the 'carried-over' encumbrance amount. Most differences between budgeted annual revenues and expenses are due to these encumbrance carryovers.
Revised YTD Remaining Percent Previous Change Over
Budget Actual Balance Received YTD Prior Year
TAXES
Sales and Use 23,239,045 28,503,731 (5,264,686) 122.7% 24,349,865 17.1% Measure C Sales Tax 24,988,418 30,824,430 (5,836,012) 123.4% 25,420,407 21.3% Property Taxes 42,347,386 42,225,898 121,488 99.7% 40,154,409 5.2% Utility Users Tax 7,315,292 7,804,880 (489,588) 106.7% 7,336,944 6.4% Transient Occupancy Tax 19,500,000 26,628,111 (7,128,111) 136.6% 15,671,049 69.9% Business License 2,556,359 2,653,092 (96,733) 103.8% 2,542,827 4.3% Cannabis Excise Tax 1,847,469 1,672,274 175,195 90.5% 1,920,298 -12.9% Real Property Transfer Tax 923,776 1,352,652 (428,876) 146.4% 1,144,357 18.2% Total Tax Revenues 122,717,745 141,665,065 (18,947,320) 115.4% 118,540,155 19.5%
LICENSES & PERMITS
Licenses & Permits 151,666 215,977 (64,311) 142.4% 191,685 12.7% Total 151,666 215,977 (64,311) 142.4% 191,685 12.7%
FINES & FORFEITURES
Police 2,348,505 2,136,649 211,856 91.0% 1,481,634 44.2% Other Fines & Forfeitures 665,602 100,822 564,780 15.1% 62,719 60.8% Total 3,014,107 2,237,471 776,636 74.2% 1,544,352 44.9%
USE OF MONEY & PROPERTY
Investment Income 312,661 550,120 (237,459) 175.9% 429,435 28.1% Rents & Concessions 1,008,355 1,064,850 (56,495) 105.6% 494,143 115.5% Total 1,321,016 1,614,970 (293,954) 122.3% 923,578 74.9%
INTERGOVERNMENTAL
Library 1,139,127 1,162,393 (23,266) 102.0% 1,221,490 -4.8% Fire 1,628,000 2,328,194 (700,194) 143.0% 2,812,198 -17.2% Other Intergovernmental 11,976,119 6,196,431 5,779,688 51.7% 13,092,712 -52.7% Total 14,743,246 9,687,019 5,056,228 65.7% 17,126,401 -43.4%
FEES & SERVICE CHARGES
Community Development 5,755,380 7,147,983 (1,392,603) 124.2% 5,686,672 25.7% Parks & Recreation 3,351,794 3,527,320 (175,526) 105.2% 1,954,511 80.5% Other Service Charges 3,896,007 3,495,326 400,681 89.7% 3,027,958 15.4% Total 13,003,181 14,170,629 (1,167,448) 109.0% 10,669,142 32.8%
OTHER REVENUES
Interfund Charges & Reimbursement 11,001,907 10,399,492 602,415 94.5% 9,670,017 7.5% Overhead Indirect Allocations 9,025,888 8,987,059 38,829 99.6% 8,615,290 4.3% Interfund Transfers 1,810,843 1,795,153 15,690 99.1% 976,073 83.9% Interfund Loans 24,140 24,140 (0) 100.0% 24,140 0.0%
Miscellenous 132,692 887,988 (755,296) 669.2% 300,655 195.4% Donations 139,709 131,647 8,062 94.2% 121,774 8.1%
Franchise Fees 3,706,830 4,176,090 (469,260) 112.7% 3,851,974 8.4% Total 25,842,009 26,401,568 (559,559) 102.2% 23,559,923 12.1% Subtotal Non-Tax Revenues 58,075,225 54,327,633 3,747,592 93.5% 54,015,081 0.6% TOTAL REVENUES 180,792,970 195,992,699 (15,199,729) 108.4% 172,555,237 13.6%
CITY OF SANTA BARBARA
General Fund
Interim Statement of Budgeted and Actual Revenues
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
GENERAL GOVERNMENT
Mayor & City Council
MAYOR & CITY COUNCIL 978,866 885,948 - 92,918 90.5% 837,471 ARTS AND COMMUNITY PROMOTIONS 2,633,806 2,583,096 47,568 3,142 99.9% 2,545,147 Total 3,612,672 3,469,044 47,568 96,059 97.3% 3,382,617 City Attorney
CITY ATTORNEY-ADMINISTRATION 1,532,833 1,164,605 63,769 304,459 80.1% 912,159 CITY ATTORNEY-ADVISORY 1,429,876 1,424,837 - 5,039 99.6% 1,278,162 CITY ATTORNEY-CIVIL LITIGATION 1,243,891 1,093,785 - 150,106 87.9% 1,118,656 CITY ATTORNEY-CODE ENFORCEMENT 457,763 445,103 - 12,660 97.2% 417,392 Total 4,664,363 4,128,330 63,769 472,264 89.9% 3,726,368 Administration
CITY ADMINISTRATOR 3,037,829 2,381,044 55,545 601,240 80.2% 1,958,255 EMPLOYEE RELATIONS 342,030 241,756 65,626 34,647 89.9% 261,297 CITY TV 761,533 608,645 200,654 (47,766) 106.3% 515,305 CITY CLERK 1,080,178 1,030,931 - 49,247 95.4% 558,259
ELECTIONS - - - - 0.0% 63,118
Total 5,221,570 4,262,377 321,825 637,368 87.8% 3,356,234 Human Resources
HUMAN RESOURCES 2,956,625 1,910,528 24,669 1,021,428 65.5% 1,534,571 EMPLOYEE DEVELOPMENT 43,447 26,843 - 16,604 61.8% 25,974 Total 3,000,072 1,937,371 24,669 1,038,031 65.4% 1,560,545 Finance
ADMINISTRATION 477,625 393,215 18,704 65,706 86.2% 312,024 REVENUE & CASH MANAGEMENT 554,826 535,938 7,865 11,023 98.0% 495,703 CASHIERING & COLLECTION 623,633 560,844 - 62,788 89.9% 517,253 LICENSES & PERMITS 570,184 459,655 2,942 107,587 81.1% 425,187 BUDGET MANAGEMENT 625,621 624,654 - 967 99.8% 499,638
ACCOUNTING 1,038,067 899,498 42,957 95,612 90.8% 952,365 PAYROLL 479,667 487,956 - (8,289) 101.7% 415,844
ACCOUNTS PAYABLE 263,358 269,474 - (6,116) 102.3% 245,654 CITY BILLING & CUSTOMER SERVICE 783,529 701,557 - 81,971 89.5% 637,107 PURCHASING 884,495 824,308 - 60,187 93.2% 826,384
CENTRAL WAREHOUSE 237,002 233,852 - 3,150 98.7% 206,928 MAIL SERVICES 150,243 148,774 8,511 (7,043) 104.7% 145,425 Total 6,688,248 6,139,726 80,979 467,543 93.0% 5,679,512 TOTAL GENERAL GOVERNMENT 23,186,924 19,936,849 538,810 2,711,265 88.3% 17,705,276
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
PUBLIC SAFETY
Police
CHIEF'S STAFF 1,027,298 1,712,628 5,721 (691,050) 167.3% 1,106,363 BUSINESS OFFICE 738,813 605,453 1,302 132,059 82.1% 562,313 RECORDS BUREAU 1,989,374 1,638,007 - 351,367 82.3% 1,691,957 STRATEGIC OPERATIONS AND PERSONNEL 1,822,393 2,030,437 15,161 (223,205) 112.2% 2,011,989 PROPERTY ROOM 269,180 240,907 - 28,273 89.5% 248,205
TRAINING, RECRUITMENT AND WELLNESS 1,767,042 1,685,310 48,636 33,095 98.1% 1,132,521 RANGE AND EQUIPMENT 1,527,771 1,509,354 12,170 6,247 99.6% 1,303,051 COMMUNITY & MEDIA RELATIONS 342,196 260,652 - 81,544 76.2% 343,395 INFORMATION TECHNOLOGY/CRIME ANALYSIS 1,722,377 1,712,309 17,154 (7,086) 100.4% 1,575,488 CRIMINAL INVESTIGATIONS & INTERNAL OP'S 5,195,839 5,576,253 22,613 (403,027) 107.8% 5,784,990 CRIME LAB 164,677 158,178 - 6,500 96.1% 159,083
FIELD OPERATIONS DIVISION 20,676,573 19,749,368 2,300 924,906 95.5% 17,881,264 TRAFFIC 692,407 1,008,697 - (316,289) 145.7% 654,500
SPECIAL EVENTS 490,804 651,071 544 (160,810) 132.8% 201,021 STREET CRIMES UNIT 2,516,991 1,461,237 - 1,055,753 58.1% 1,247,752 SPECIAL ENFORCEMENT TEAM 818,913 740,645 - 78,268 90.4% 1,081,788 PARKING AND STREET SWEEPING 377,749 405,957 - (28,208) 107.5% 344,267 PARKING ENFORCEMENT 1,422,226 838,126 138,656 445,444 68.7% 1,118,439 COMBINED COMMUNICATIONS CENTER 3,034,658 3,369,363 - (334,705) 111.0% 3,077,025 ANIMAL CONTROL 920,312 847,613 5,007 67,692 92.6% 860,757 Total 47,517,594 46,201,564 269,263 1,046,767 97.8% 42,386,168 Fire
ADMINISTRATION 1,181,592 1,121,485 - 60,106 94.9% 937,345 EMERGENCY SERVICES AND PUBLIC ED 499,723 490,278 - 9,445 98.1% 449,363 PREVENTION 1,373,976 1,204,179 525 169,273 87.7% 1,434,189 WILDLAND FIRE MITIGATION PROGRAM 550,388 342,197 16,900 191,291 65.2% 239,810 OPERATIONS 25,370,927 25,664,290 110,922 (404,284) 101.6% 24,776,404 TRAINING AND RECRUITMENT 827,473 710,947 - 116,525 85.9% 754,347 ARFF 2,873,041 3,003,490 - (130,449) 104.5% 2,660,841
Total 32,677,119 32,536,866 128,346 11,907 100.0% 31,252,300 TOTAL PUBLIC SAFETY 80,194,714 78,738,430 397,610 1,058,675 98.7% 73,638,467
PUBLIC WORKS
Public Works
ADMINISTRATION 1,436,974 1,275,958 23,280 137,736 90.4% 940,934 ENGINEERING SVCS 6,364,086 5,505,791 57,062 801,233 87.4% 5,362,434 PUBLIC RT OF WAY MGMT 1,888,917 1,602,241 35,775 250,901 86.7% 1,465,699 ENVIRONMENTAL PROGRAMS 999,246 664,790 174,771 159,686 84.0% 436,139 Total 10,689,224 9,048,780 290,888 1,349,556 87.4% 8,205,206 TOTAL PUBLIC WORKS 10,689,224 9,048,780 290,888 1,349,556 87.4% 8,205,206
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
COMMUNITY SERVICES
Parks & Recreation
REC PROGRAM MGMT 826,902 775,785 25,587 25,530 96.9% 642,129 FACILITIES & SPECIAL EVENTS 1,354,313 1,335,692 - 18,620 98.6% 915,822 YOUTH ACTIVITIES 1,354,406 1,242,693 2,176 109,537 91.9% 851,032 ACTIVE ADULTS 872,764 836,584 299 35,881 95.9% 707,419
AQUATICS 1,745,507 1,822,635 24,416 (101,544) 105.8% 1,757,240 SPORTS 663,534 615,007 299 48,228 92.7% 371,217
TENNIS 392,428 379,024 - 13,403 96.6% 304,600
NEIGHBORHOOD & OUTREACH SERV 1,009,260 940,721 - 68,539 93.2% 937,680 ADMINISTRATION 1,117,707 1,078,808 - 38,898 96.5% 897,698 PROJECT MANAGEMENT TEAM 605,320 486,879 28,483 89,958 85.1% 551,169 PARK OPERATIONS MANAGEMENT 837,949 830,071 11,285 (3,407) 100.4% 797,777 GROUNDS & FACILITIES MAINTENANCE 5,703,547 5,439,475 13,804 250,267 95.6% 5,089,636 FORESTRY 1,451,408 1,367,779 - 83,629 94.2% 1,301,121
BEACH MAINTENANCE 140,663 137,086 - 3,576 97.5% 100,650 MEDIANS PARKWAYS & CONTRACTS 510,800 474,209 - 36,591 92.8% 475,415 Total 18,586,507 17,762,450 106,349 717,708 96.1% 15,700,605 Library
ADMINISTRATION 717,029 646,921 86,761 (16,653) 102.3% 515,147 CENTRAL LIBRARY 5,896,062 5,112,383 15,770 767,909 87.0% 4,319,951 EASTSIDE LIBRARY 358,383 322,416 1,269 34,697 90.3% 272,616 LIBRARY ON THE GO 114,396 109,795 - 4,600 96.0% -
Total 7,085,870 6,191,515 103,801 790,554 88.8% 5,107,714 TOTAL COMMUNITY SERVICES 25,672,377 23,953,965 210,150 1,508,262 94.1% 20,808,320
COMMUNITY DEVELOPMENT
Community Development
ADMINISTRATION 1,564,829 1,484,016 8,189 72,625 95.4% 1,181,565 RENTAL HOUSING MEDIATION 291,502 288,838 - 2,664 99.1% 262,760 HUMAN SERVICES 1,038,063 960,828 - 77,235 92.6% 844,116 LONG RANGE PLAN & SPEC STUDY 1,045,482 992,957 - 52,525 95.0% 1,016,038 DEVEL & ENVIRONMENTAL REVIEW 1,647,228 1,542,773 10,020 94,435 94.3% 1,386,452 ZONING INFO & ENFORCEMENT 1,524,840 1,365,834 13,802 145,204 90.5% 1,396,418 DESIGN REV & HIST PRESERVATION 1,581,636 1,409,620 - 172,016 89.1% 1,340,835 BLDG INSP & CODE ENFORCEMENT 2,148,033 1,802,019 19,525 326,488 84.8% 1,581,752 RECORDS ARCHIVES & CLER SVCS 781,376 644,834 10,094 126,448 83.8% 618,369 BLDG COUNTER & PLAN REV SVCS 2,701,244 2,325,328 195,244 180,673 93.3% 2,081,176 Total 14,324,234 12,817,047 256,875 1,250,312 91.3% 11,709,481 TOTAL COMMUNITY DEVELOPMENT 14,324,234 12,817,047 256,875 1,250,312 91.3% 11,709,481
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
SUSTAINABILITY AND RESILIENCE
Sustainability and Resilience
ADMINISTRATION 250,068 113,579 65,245 71,244 71.5% 38,153 Total 250,068 113,579 65,245 71,244 71.5% 38,153
TOTAL SUSTAINABILITY AND RESILIENCE 250,068 113,579 65,245 71,244 71.5% 38,153
NON-DEPARTMENTAL
Non-Departmental
ANTICIPATED SALARY SAVINGS (2,100,000) - - (2,100,000) 0.0% - TRANSFERS OUT 8,622,862 5,287,905 - 3,334,957 61.3% 7,417,899 CAPITAL OUTLAY TRANSFER 25,788,418 25,653,418 - 135,000 99.5% 25,945,407 APPROP. RESERVE 80,000 - - 80,000 0.0% -
Total 32,391,280 30,941,323 - 1,449,957 95.5% 33,363,306 TOTAL NON-DEPARTMENTAL 32,391,280 30,941,323 - 1,449,957 95.5% 33,363,306 TOTAL EXPENDITURES 186,708,820 175,549,973 1,759,578 9,399,270 95.0% 165,468,209 ** The legal level of budgetary control is at the department level for the General Fund. Therefore, as long as the department as a whole is within budget, budgetary compliance has been achieved. The City actively monitors the budget status of each department and takes measures to address potential over budget situations before they occur.
For Enterprise and Internal Service Funds, the level of budgetary control is at the fund level. The City also monitors and addresses these fund types for potential over budget situations.
Included in the FY22 adopted and revised General Fund budgets are departmental targeted savings that were loaded as negative expenditures within one program of each department. This has the impact of distorting the annual budget and variances for those programs until such time as the department reallocates the negative expenditure against other approved appropriations. This task is scheduled to be completed by January 31, 2022, and has no impact on the total appropriations by General Fund department as adopted and approved by council.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
TRAFFIC SAFETY FUND
Revenue 233,000 236,596 - (3,596) 101.5% 171,824
Expenditures 233,000 236,596 - (3,596) 101.5% 171,824
Revenue Less Expenditures - - - - -
CREEK RESTORATION/WATER QUALITY IMPRVMT
Revenue 4,032,793 5,484,890 - (1,452,097) 136.0% 4,856,175 Expenditures 4,270,724 3,557,946 345,666 367,112 91.4% 4,159,297 Revenue Less Expenditures (237,931) 1,926,944 (345,666) (1,819,209) 696,878
COMMUNITY DEVELOPMENT BLOCK GRANT
Revenue 2,014,181 908,288 - 1,105,893 45.1% 3,164,658
Expenditures 2,664,893 1,391,740 770,725 502,429 81.1% 3,182,861 Revenue Less Expenditures (650,712) (483,452) (770,725) 603,464 (18,202)
COUNTY LIBRARY
Revenue 1,078,050 951,484 - 126,567 88.3% 996,334
Expenditures 1,079,114 993,186 13,532 72,396 93.3% 835,414 Revenue Less Expenditures (1,064) (41,702) (13,532) 54,171 160,921
STREETS FUND
Revenue 12,411,119 12,585,160 - (174,041) 101.4% 12,472,907 Expenditures 14,393,469 11,723,540 117,403 2,552,525 82.3% 11,156,489 Revenue Less Expenditures (1,982,350) 861,620 (117,403) (2,726,566) 1,316,418
MEASURE A FUND
Revenue 4,061,999 5,238,884 - (1,176,886) 129.0% 4,753,463 Expenditures 4,854,932 3,711,694 30,433 1,112,805 77.1% 3,724,700 Revenue Less Expenditures (792,934) 1,527,190 (30,433) (2,289,691) 1,028,763
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
Special Revenue Funds
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service charges 32,266,595 32,523,308 - (256,713) 100.8% 29,386,644 Other Fees & Charges 30,000 908,787 - (878,787) 3029.3% 162,944 Investment Income 23,645 42,991 - (19,346) 181.8% 30,793 Grants 155,741 155,382 - 359 99.8% 46,356
Miscellaneous 286,223 280,186 - 6,037 97.9% 255,717
Operating Transfers-In 20,239 20,239 - - 100.0% -
TOTAL REVENUES 32,782,443 33,930,892 - (1,148,449) 103.5% 29,882,454
EXPENSES
Salaries & Benefits 1,584,887 1,457,908 - 126,979 92.0% 1,275,593 Materials, Supplies & Services 28,845,396 27,472,307 301,621 1,071,468 96.3% 25,518,617 Special Projects 1,170,049 738,177 204 431,668 63.1% 789,778 Transfers-Out 50,000 50,000 - (0) 100.0% 50,000
Capital Outlay Transfers 1,946 1,946 - (0) 100.0% 208,050 Equipment 185,000 96,207 22,238 66,555 64.0% 77,955
Other 40,000 - - 40,000 0.0% -
Appropriated Reserve 21,300 - - 21,300 0.0% -
TOTAL EXPENSES 31,898,579 29,816,546 324,062 1,757,970 94.5% 27,919,994 Revenue Less Expense 883,865 4,114,347 (324,062) (2,906,420) 1,962,460
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
SOLID WASTE FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Water Sales- Metered 57,330,939 58,746,186 - (1,415,247) 102.5% 57,918,922 Service Charges 208,765 297,823 - (89,058) 142.7% 259,973 Cater JPA Treatment Charges 2,359,556 2,812,667 - (453,111) 119.2% 2,727,364 Investment Income 684,620 788,026 - (103,406) 115.1% 915,775 Grants 10,710,798 10,572,764 - 138,034 98.7% -
Reimbursements 3,310,043 4,218,433 - (908,390) 127.4% 1,295,162 Miscellaneous 227,206 806,609 - (579,403) 355.0% 651,553 Operating Transfers-In 339,644 339,644 - - 100.0% 279,943 TOTAL REVENUES 75,171,571 78,582,151 - (3,410,581) 104.5% 64,048,692
EXPENSES
Salaries & Benefits 12,874,407 12,013,418 - 860,989 93.3% 10,961,554 Materials, Supplies & Services 18,022,498 15,664,721 1,526,604 831,173 95.4% 15,532,036 Special Projects 740,765 403,124 141,115 196,526 73.5% 476,330 Water Purchases 11,228,839 9,119,322 - 2,109,517 81.2% 7,671,369 Debt Service 9,190,636 9,166,436 - 24,200 99.7% 9,163,052 Capital Outlay Transfers 19,122,471 19,122,471 - (0) 100.0% 13,209,221 Equipment 239,655 112,975 - 126,680 47.1% 169,167
Capitalized Fixed Assets 259,250 223,123 3,126 33,001 87.3% 234,902 Other 731,598 591,335 - 140,263 80.8% 30,764
Appropriated Reserve 150,000 - - 150,000 0.0% -
TOTAL EXPENSES 72,560,119 66,416,925 1,670,845 4,472,349 93.8% 57,448,395 Revenue Less Expense 2,611,451 12,165,226 (1,670,845) (7,882,929) 6,600,297 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
WATER OPERATING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service Charges 24,869,491 24,956,943 - (87,452) 100.4% 23,823,481 Fees 548,856 576,057 - (27,201) 105.0% 436,485
Investment Income 151,245 156,459 - (5,214) 103.4% 199,288 Rents & Concessions 61,072 55,037 - 6,035 90.1% 61,072
Miscellaneous 5,000 30,849 - (25,849) 617.0% 24,361
Operating Transfers-In 135,537 135,537 - - 100.0% 189,586 TOTAL REVENUES 25,771,201 25,910,883 - (139,681) 100.5% 24,734,273
EXPENSES
Salaries & Benefits 7,911,818 7,538,379 - 373,440 95.3% 7,172,950 Materials, Supplies & Services 9,031,971 8,496,879 402,783 132,310 98.5% 7,506,951 Special Projects 679,985 485,195 113,727 81,063 88.1% 551,881 Debt Service 3,558,338 3,558,337 - 1 100.0% 3,558,585
Capital Outlay Transfers 4,939,840 4,939,840 - 0 100.0% 2,563,219 Equipment 106,000 95,411 - 10,589 90.0% 86,171
Capitalized Fixed Assets 111,234 85,243 - 25,991 76.6% 206,855 Other 4,500 1,985 2,500 15 99.7% 1,485
Appropriated Reserve 150,000 - - 150,000 0.0% -
TOTAL EXPENSES 26,493,686 25,201,267 519,009 773,410 97.1% 21,648,097 Revenue Less Expense (722,485) 709,616 (519,009) (913,091) 3,086,176 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
WASTEWATER OPERATING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Improvement Tax 750,000 965,508 - (215,508) 128.7% 638,187 Parking Fees 5,541,456 4,738,083 - 803,373 85.5% 3,349,140 Other Fees & Charges 12,925 28,994 - (16,069) 224.3% 18,517 Investment Income 53,545 30,993 - 22,552 57.9% 67,417
Rents & Concessions 136,820 159,280 - (22,460) 116.4% 157,760 Miscellaneous 295,466 251,508 - 43,958 85.1% 191,717
Operating Transfers-In 2,651,305 2,301,305 - 350,000 86.8% 719,486 TOTAL REVENUES 9,441,517 8,475,672 - 965,845 89.8% 5,142,225
EXPENSES
Salaries & Benefits 4,225,612 4,077,650 - 147,961 96.5% 3,809,362 Materials, Supplies & Services 3,794,140 3,340,427 15,573 438,141 88.5% 2,427,058 Special Projects 497,659 393,131 85,759 18,769 96.2% 610,707 Capital Outlay Transfers 226,425 226,425 - - 100.0% 1,223,579 Equipment 54,120 10,533 - 43,587 19.5% 22,900
Appropriated Reserve 10,000 - - 10,000 0.0% -
TOTAL EXPENSES 8,807,956 8,048,166 101,332 658,457 92.5% 8,093,607 Revenue Less Expense 633,562 427,506 (101,332) 307,388 (2,951,383) NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
DOWNTOWN PARKING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Leases-Commercial/Industrial 5,531,982 5,155,216 - 376,766 93.2% 5,100,127 Leases-Terminal 5,551,935 8,543,426 - (2,991,491) 153.9% 4,072,294 Leases-Non-Commercial Aviation 4,562,386 5,062,706 - (500,320) 111.0% 4,404,611 Leases-Commercial Aviation 5,121,457 4,990,309 - 131,148 97.4% 4,084,497 Investment Income 109,045 188,133 - (79,088) 172.5% 145,649 Grants 6,344,534 5,907,498 - 437,036 93.1% 8,569,915
Service Charges - 1,358 - (1,358) 100.0% 742
Miscellaneous 119,196 160,468 - (41,272) 134.6% 156,493 Operating Transfers-In 271,560 271,560 - - 100.0% 2,222,564 TOTAL REVENUES 27,612,095 30,280,673 - (2,668,578) 109.7% 28,756,892
EXPENSES
Salaries & Benefits 9,183,365 8,652,543 - 530,822 94.2% 7,525,943 Materials, Supplies & Services 12,420,485 10,655,299 1,007,807 757,379 93.9% 8,757,606 Special Projects 2,389,869 815,622 108,301 1,465,946 38.7% 73,954 Transfer-Out 250,000 - - 250,000 0.0% 674,763
Debt Service 1,555,750 1,555,750 - 0 100.0% 1,553,000
Capital Outlay Transfers 5,400,929 5,400,929 - 0 100.0% 4,798,442 Equipment 230,390 146,207 7,577 76,606 66.7% 148,093
Appropriated Reserve 104,959 - - 104,959 0.0% -
TOTAL EXPENSES 31,535,748 27,226,349 1,123,686 3,185,713 89.9% 23,531,801 Revenue Less Expense (3,923,653) 3,054,324 (1,123,686) (5,854,291) 5,225,091 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
AIRPORT OPERATING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Fees & Card Sales 3,427,253 3,967,444 - (540,191) 115.8% 3,842,441 Investment Income 10,745 20,512 - (9,767) 190.9% 15,419 Rents & Concessions 205,211 209,500 - (4,289) 102.1% 233,341 Miscellaneous - 887 - (887) 100.0% 3,278
TOTAL REVENUES 3,643,209 4,198,344 - (555,135) 115.2% 4,094,479
EXPENSES
Salaries & Benefits 82,612 77,744 - 4,868 94.1% 50,774
Materials, Supplies & Services 3,031,007 2,928,005 - 103,001 96.6% 2,807,396 Debt Service 41,430 41,430 - (0) 100.0% 41,430
Capital Outlay Transfers 210,636 210,636 - - 100.0% 201,926 TOTAL EXPENSES 3,365,685 3,257,816 - 107,869 96.8% 3,101,527 Revenue Less Expense 277,524 940,528 - (663,004) 992,952 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
GOLF COURSE FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service Charges 3,087,902 3,087,909 - (7) 100.0% 3,122,907 Work Orders - Bldg Maint. 3,548,781 3,251,642 - 297,139 91.6% 3,167,493 Miscellaneous 10,500 3,055 - 7,445 29.1% 1,448
Operating Transfers-In 230,526 80,526 - 150,000 34.9% 364,281 TOTAL REVENUES 6,877,709 6,423,132 - 454,577 93.4% 6,656,129
EXPENSES
Salaries & Benefits 4,414,605 3,866,430 - 548,174 87.6% 3,824,706 Materials, Supplies & Services 2,110,329 1,902,222 - 208,107 90.1% 1,711,915 Special Projects 406,120 355,097 10,246 40,777 90.0% 243,371 Capital Outlay Transfers 477,198 477,198 - - 100.0% 1,045,981 Equipment 10,000 5,719 - 4,281 57.2% 8,154
Appropriated Reserve 85,065 - - 85,065 0.0% -
TOTAL EXPENSES 7,503,317 6,606,666 10,246 886,404 88.2% 6,834,128 Revenue Less Expense (625,608) (183,535) (10,246) (431,827) (177,999)
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
FACILITIES MANAGEMENT FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Vehicle Rental Charges 3,161,109 3,171,963 - (10,854) 100.3% 2,957,047 Investment Income 168,561 179,604 - (11,043) 106.6% 211,356 Rents & Concessions 123,982 119,602 - 4,380 96.5% 151,555 Miscellaneous 112,000 155,150 - (43,150) 138.5% 197,058 Operating Transfers-In 59,000 59,000 - - 100.0% 244,328 TOTAL REVENUES 3,624,652 3,685,318 - (60,666) 101.7% 3,761,344
EXPENSES
Salaries & Benefits 247,988 172,508 - 75,479 69.6% 220,545 Materials, Supplies & Services 19,553 18,308 - 1,245 93.6% 18,175 Special Projects 75,000 - - 75,000 0.0% -
Debt Service 104,408 104,408 - - 100.0% -
Transfer-Out - - - - 0.0% 111,336
Capital Outlay Transfers 1,054,838 1,054,838 - - 100.0% 93,380 Capitalized Fixed Assets 5,364,631 2,052,055 682,647 2,629,929 51.0% 1,675,480 TOTAL EXPENSES 6,866,417 3,402,117 682,647 2,781,653 59.5% 2,118,916 Revenue Less Expense (3,241,765) 283,201 (682,647) (2,842,319) 1,642,428
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
FLEET REPLACEMENT FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Vehicle Maintenance Charges 2,921,453 2,913,716 - 7,737 99.7% 2,820,602 Reimbursements 5,000 5,000 - (0) 100.0% 31,154
Miscellaneous 60,000 69,854 - (9,854) 116.4% 92,755
Operating Transfers-In 31,196 31,196 - - 100.0% -
TOTAL REVENUES 3,017,649 3,019,766 - (2,117) 100.1% 2,944,512
EXPENSES
Salaries & Benefits 1,487,372 1,424,094 - 63,278 95.7% 1,454,344 Materials, Supplies & Services 1,463,658 1,465,043 6,526 (7,912) 100.5% 1,204,534 Special Projects 141,377 109,174 24,942 7,262 94.9% 28,844 Debt Service - - - - 0.0% 14,579
Capital Outlay Transfers 61,934 61,934 - - 100.0% -
Equipment 7,147 17,214 - (10,067) 240.9% 5,433
Capitalized Fixed Assets 46,488 16,213 30,275 - 100.0% 504 Appropriated Reserve 15,000 - - 15,000 0.0% -
TOTAL EXPENSES 3,222,975 3,093,671 61,743 67,562 97.9% 2,708,238 Revenue Less Expense (205,326) (73,905) (61,743) (69,679) 236,274
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
FLEET MAINTENANCE FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Insurance Premiums 5,056,793 5,056,794 - (1) 100.0% 3,448,018 Workers' Compensation Premiums 4,219,100 4,164,100 - 55,000 98.7% 4,132,711 OSH Charges 290,230 290,230 - (0) 100.0% 275,896
Unemployment Insurance Premium 277,529 277,529 - (0) 100.0% 227,559 Investment Income 53,545 41,123 - 12,422 76.8% 69,557
Miscellaneous - - - - 0.0% 292,615
Operating Transfers-In 518,890 518,890 - - 100.0% 6,404,857 TOTAL REVENUES 10,416,087 10,348,667 - 67,420 99.4% 14,851,214
EXPENSES
Salaries & Benefits 756,388 776,573 - (20,186) 102.7% 715,888 Materials, Supplies & Services 10,590,896 10,826,691 45,793 (281,588) 102.7% 11,163,747 Capital Outlay Transfers 818 818 - (0) 100.0% -
TOTAL EXPENSES 11,348,101 11,604,082 45,793 (301,774) 102.7% 11,879,635 Revenue Less Expense (932,014) (1,255,415) (45,793) 369,194 2,971,578 The Self Insurance Trust Fund is an internal service fund of the City, which accounts for the cost of providing workers' compensation, property and liability insurance as well as unemployment insurance and certain self-insured employee benefits on a city-wide basis. Internal Service Funds charge other funds for the cost of providing their specific services.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
SELF INSURANCE TRUST FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service charges 4,485,985 4,485,982 - 3 100.0% 3,733,713 Operating Transfers-In 76,240 76,240 - - 100.0% 107,118 TOTAL REVENUES 4,562,225 4,562,222 - 3 100.0% 3,840,831
EXPENSES
Salaries & Benefits 2,720,726 2,588,446 - 132,280 95.1% 2,374,288 Materials, Supplies & Services 1,694,740 1,599,080 25,331 70,328 95.9% 1,086,751 Special Projects 21,091 14,195 97 6,799 67.8% 325
Capital Outlay Transfers 232,127 232,127 - - 100.0% 268,205 Equipment 12,130 11,969 - 161 98.7% 7,109
TOTAL EXPENSES 4,680,814 4,445,817 25,429 209,568 95.5% 3,736,678 Revenue Less Expense (118,590) 116,405 (25,429) (209,566) 104,153 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
INFORMATION TECHNOLOGY FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Leases - Commercial 1,850,000 2,257,613 - (407,613) 122.0% 1,965,420 Leases - Food Service 2,795,000 3,400,627 - (605,627) 121.7% 2,800,596 Slip Rental Fees 4,829,458 4,894,155 - (64,697) 101.3% 4,757,212 Visitors Fees 649,459 817,254 - (167,795) 125.8% 693,437 Slip Transfer Fees 1,200,000 1,380,950 - (180,950) 115.1% 1,709,625 Parking Revenue 2,814,685 3,377,751 - (563,066) 120.0% 2,637,469 Wharf Parking 180,000 292,108 - (112,108) 162.3% 243,234 Grants - 12,752 - (12,752) 100.0% 10,707
Other Fees & Charges 235,562 246,707 - (11,145) 104.7% 229,927 Investment Income 89,945 116,260 - (26,315) 129.3% 109,957 Rents & Concessions 385,000 431,378 - (46,378) 112.0% 407,329 Miscellaneous 629,892 458,220 - 171,672 72.7% 199,488
Operating Transfers-In 128,603 128,603 - - 100.0% -
TOTAL REVENUES 15,787,604 17,814,379 - (2,026,775) 112.8% 15,764,403
EXPENSES
Salaries & Benefits 7,839,278 7,461,657 - 377,621 95.2% 6,702,108 Materials, Supplies & Services 5,472,124 4,848,929 208,954 414,241 92.4% 4,565,203 Special Projects 233,348 175,392 29,070 28,886 87.6% 144,488 Debt Service 2,038,500 2,038,500 - (0) 100.0% 2,042,191 Capital Outlay Transfers 436,852 436,852 - 0 100.0% 1,221,243 Equipment 121,895 51,843 525 69,527 43.0% 69,956
Capitalized Fixed Assets 78,544 - 36,643 41,901 46.7% - Other 2,375 2,513 - (138) 105.8% 2,513
Appropriated Reserve 100,000 - - 100,000 0.0% -
TOTAL EXPENSES 16,322,915 15,015,686 275,191 1,032,039 93.7% 14,747,702 Revenue Less Expense (535,310) 2,798,694 (275,191) (3,058,814) 1,016,701
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
WATERFRONT OPERATING FUND
NOTE - These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service Charges 10,972,584 14,718,475 - (3,745,891) 134.1% - Investment Income - 73 - (73) 100.0% 244
Miscellaneous - - - - 0.0% 100,000
Operating Transfers-In 1,553,423 1,593,466 - (40,043) 102.6% 579,259 TOTAL REVENUES 12,526,007 16,312,014 - (3,786,007) 130.2% 679,503
EXPENSES
Salaries & Benefits 155,481 163,292 - (7,811) 105.0% -
Materials, Supplies & Services 9,276,308 14,579,031 158,539 (5,461,262) 158.9% 48,558 Special Projects 744,127 786,612 16,794 (59,278) 108.0% 80,000 Transfer-Out - - - - 0.0% 322,000
Debt Service - 19,658 - (19,658) 100.0% 3,257
Other 49,000 - - 49,000 0.0% -
TOTAL EXPENSES 10,224,917 15,548,593 175,333 (5,499,009) 153.8% 453,815 Revenue Less Expense 2,301,090 763,421 (175,333) 1,713,002 225,688
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
SANTA BARBARA CLEAN ENERGY FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service charges 2,369,071 2,369,071 - (0) 100.0% 1,852,461 Grants 184,600 169,601 - 14,999 91.9% 175,561
Miscellaneous - 1 - (1) 100.0% 48,627
Operating Transfers-In 11,565 11,565 - - 100.0% 307,705 TOTAL REVENUES 2,565,236 2,550,238 - 14,999 99.4% 2,384,354
EXPENSES
Salaries & Benefits 512,963 483,931 - 29,032 94.3% 400,956 Materials, Supplies & Services 1,839,379 1,489,550 125,755 224,073 87.8% 1,238,641 Special Projects 160,774 11,402 51,744 97,628 39.3% 24,964 Transfer-Out - - - - 0.0% 250,000
Debt Service 24,140 24,140 - (0) 100.0% 24,140
Capital Outlay Transfers 100,870 100,870 - 0 100.0% 229,791 Equipment 4,000 646 - 3,354 16.2% -
Capitalized Fixed Assets 169,600 91,000 78,600 - 100.0% - TOTAL EXPENSES 2,811,726 2,201,540 256,099 354,087 87.4% 2,168,492 Revenue Less Expense (246,490) 348,697 (256,099) (339,088) 215,862 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Twelve Months Ended June 30, 2022 (100% of Fiscal Year)
ENERGY AND CLIMATE MANAGEMENT FUND
Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 1 General Fund Revenues
The table below summarizes preliminary General Fund revenues for the twelve months ended June 30, 2022. For interim financial statement purposes, revenues are reported on a cash basis (i.e., when the funds are received). Each of these revenues below have unique cycles for collections, which may vary from other revenues, and which can cause fluctuations from previous years.
This table includes the annual adopted budget as well as any budget adjustments to date, and actual collections for Fiscal Year 2022. The City’s general tax revenues, Franchise Fees, and Fees & Charges are reported in the table above. The largest general tax revenues are discussed in more detail below.
Property Tax
As of June 30, 2022, $42.2 Million in property tax revenues had been received to date. During the budget process, it was expected the City would see growth of approximately 5% from the prior year; however, more recent information now shows lower growth of approximately 3% to
3.5%. Some of this is due to Proposition 13, in which the assessed value of properties increases each January to the lesser of 2% or CPI. In the last several years, this increase was 2%. CPI for ATTACHMENT 2
Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 2 2021-2022 was only 1.016%. Actual property tax revenues came in below budget by approximately $121,000 at year end.
Sales Taxes
Sales tax revenue received to date is approximately $28.5 Million. While representing twelve months of sales tax payments collected through June 30, 2022, on a cash basis; $5.4 Million of this represents sales prior to FY2022 and will be accrued back to the prior year.
Sales tax has been trending in a positive direction for several months, likely due to a combination of increased consumer spending (particularly in online sales and auto sales), and the results of higher-than-expected inflation. Sales tax came in higher than budget by nearly $5.3 Million. Staff continues to monitor this revenue closely and will evaluate whether adjusting the FY2023 budget projection is warranted.
Measure C Sales Taxes
Voters approved a one-cent Measure C sales tax in Fiscal Year 2018, which became effective April 1, 2018. Measure C sales tax revenue received at yearend is approximately $30.8 Million on a cash basis. Similar to sales tax, Measure C sales tax also came in higher than budget by $5.8 Million at yearend. Staff will continue to monitor this revenue closely and may consider adjusting the FY2023 budget projection if warranted. The additional Measure C revenue will be programmed for capital projects in future budget cycles.
Transient Occupancy Tax
Transient occupancy tax (TOT) revenue at yearend is $26.6 Million, which is significantly higher than collections for FY2021 (70% higher), due to COVID-19. The local travel industry is seeing increases in demand for rooms, now higher than pre-pandemic levels. However, the main cause of the growth is largely the result of increases in average daily rates, which are 30%-40% higher than FY2019 pre-pandemic rates. TOT revenues came in higher than budget by $7.1 Million (37%) at yearend. Staff continues to monitor this revenue closely and may consider adjusting the FY2023 budget projection if warranted.
Department and Other Revenues
On March 8, 2022, the City Council approved of appropriating $1,047,112 of the $10.9 Million in American Rescue Plan Act (ARPA) funds that were received in June 6, 2022 into the General Fund to partially offset some of the revenue that has been lost in the General Fund directly related to economic impacts from COVID-19. These funds will be used to continue to provide services to the community. These funds were included in FY2022 as intergovernmental revenues.
Departmental revenues comprise approximately $33.8 Million of the General Fund budgeted revenues. They span various revenue categories listed in the table above, however, for simplicity of reporting, the variance is shown in the Fees & Charges category.
Overall, departmental revenues ended the year approximately $783,974 above budget, primarily due to additional permit and other revenue in the Community Development Department. The table below provides variances by department.
Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 3 Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 4 General Fund Expenditures
The table below summarizes the General Fund budget and year-to-date expenditures through June 30, 2022. The “Revised Budget” column represents the adopted budget, appropriation carryovers from the prior year, and any supplemental appropriations approved by the City Council in the current year.
The table includes actual expenditures without encumbrances. Inclusion of encumbrances can distort the analysis of budgeted and actual expenditures during the year, as actual receipt of services or goods can occur in later periods. Outstanding encumbrances include certain appropriations that were carried forward from prior year and contracts or blanket purchase orders that have been executed in the current year but are expected to be used throughout the year. The following discussion of actual expenditures does not include the impact of encumbrances.
In some cases, COVID-19 caused increased expenditures as the City has quickly pivoted in response to unprecedented impacts and potential threats of the pandemic. The FY2022 adopted budget included several targeted reduction plans designed to reduce the City’s overall expenditures. These targeted reductions were spread over departments in the General Fund and total $6.8 Million.
The General Fund revised budget, including $6,699,596 of carried forward appropriations and encumbrances, and any new FY2022 council approved amendments, is $186.7 Million, of which $181.4 Million has been spent as of June 20, 2022. The table below shows performance at department level.
Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 5 Expenditure Analysis by General Fund
The General Fund Expenditure Budget for FY2022 was adopted at $169.5 Million, with an additional $6.7 Million added as a result of carried over budget from FY2021 and any other Council-approved adjustments. 43.0% of the total budget, including Non-Departmental Expenditures, is appropriated to provide public safety services through the Police and Fire Departments. Community Services combines the Parks & Recreation and Library Departments and comprises 13.8% of the total budget. General Government makes up 12.4% of the appropriations and is the total of all costs for Finance, City Administration, Mayor & Council, City Attorney, Human Resources, and City Clerk.
All departments are targeted with achieving expenditure savings that were included in the adopted budget. Most departments met or exceeded this goal as originally determined at $6.8 Million for all departments through FY2022. With continued uncertainty in how the economic impact of the pandemic will be felt by the City, staff has confidence that expenditures will end the year below budget and meet expenditure reduction targets.
General Fund expenditures were $181.4 Million as of June 30, 2022, representing 97% of the revised budget, with an additional $1.8 Million (0.9%) encumbered.
General Government actual spending of $20.0 Million, represents 86.0% of the annual budget.
This includes salary savings from holding several positions vacant through the second quarter of FY2022.
Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 6 Public Safety has expenditures of $78.7 Million, representing 98.2% of the annual budget, with savings achieved from keeping a number of positions vacant.
The Police Department (PD) expended $46.2 Million (97.2%) of its budget. The department continues to incur overtime costs due to impacts of COVID-19 on staffing levels and has returned to 10 plan 12 plan shifts. Additionally, a Holiday payout in the fourth quarter drove salaries over budgeted amounts; however, the payout significantly reduced the City’s long-term liability. Despite exceeding budgeted salaries, savings in benefits (due to vacancies) and other cost saving measures resulted in overall savings of $ 1.0 Million for the Department.
The ongoing officer staffing shortage has necessitated staffing reassignments and suspension of some programs until minimum staffing levels can be met. To meet the COVID-19 reduction target, several positions will be held open through the end of FY2022. Discussions regarding staffing needs continue between the Police Chief and the City Administrator, and levels with adjustments to be made accordingly.
The Fire Department (FD) expended $32.5 Million, including encumbrances, using 99.6% of its budget. Overtime needed to meet required minimum staffing levels and mutual aid increased personnel costs. An additional, unanticipated settlement payment also contributed to increased expenditures during the first quarter. Despite this, the department has met its planned reduction target of $1.6 Million by keeping open administrative positions and eliminating or deferring certain programs to FY2023. Fire deployed personnel and equipment to fourteen emergency incidents including the largest fire in California history (the Dixie Fire). This mutual aid accounted for $1.2 Million in overtime, but also generated 20 invoices totaling $2 Million, creating additional revenue for the department.
Community Services had actual expenditures of $24.0 Million, or 93% of budget. This performance is the result of significantly reduced operations over the first half of the year with many programs and services cancelled due to health orders.
The Library Department spent $6.2 Million, or 87% of its annual budget, through fourth quarter 2022. Post-COVID, the Library has been reopened for full in-person services for most of FY2022, but continues to experience impacts to user fees and donations. Despite a reduction of 19 open hours to the public and continued significant short staffing, the Library has continued to deliver materials and robust services in-person, virtually, and through offsite outreach using the new Library on the Go Van, with over 100 site visits to date. The Library has held two full-time positions vacant as well as hourly positions vacant. The Library achieved its targeted reduction of $265,726 at the end of first quarter through the salary and benefits savings from these vacancies.
The Parks & Recreation Department had expenditures of $17.8 Million (95.6% of annual budget). The department continues to provide essential services, such as park maintenance to ensure community access to safe and clean open spaces, food distribution and senior meal programs to provide nutrition for the community, and recreation programming, camps, and affordable activities both for youth and adults, while complying with required safety protocols to be open during COVID-19. At the same time, they continue to advance key capital infrastructure planning, design, and construction in anticipation of operations post pandemic. By holding open most currently vacant permanent staff and hourly positions, delaying recruitments, and reducing non-essential operating expenditure, the department exceeded its expenditure reduction targets for FY2022.
Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 7 The Public Works Department (PW) had expenditures of $9.0 Million (85% of annual budget) for FY2022, reflecting a savings of $1.3 Million. Although Engineering Work Order revenues has increased over the last few fiscal years, the year ended with a revenue shortfall of 10% due to vacant billable positions. Engineering Services had partially-offsetting expenditure savings of over $800,000 mainly due to salary and benefits savings from staffing vacancies, extended leaves throughout the year, and reduced discretionary spending, resulting in 90% cost recovery for Engineering Services.
Land Development Engineering ended the year at 94% cost recovery. This is an ideal cost recovery percentage and meets budget. The revenue shortfall is primarily due to staffing vacancies as the Land Development worked diligently throughout the year to increase revenue and curb discretionary spending to alleviate the revenue shortfall.
The Administration program underspent its budget by almost $136,000 primarily due to staff turnover and cost-saving measures during the pandemic, especially lower supply costs as employees continued to telecommute.
At year end, the Environmental Compliance budget shows a net savings of $95,000 due to a revenue shortfall of $42,000 and expenditure savings of $137,000. However, the remaining appropriations from State reimbursement funds ($80,000) have been requested to be carried over for underground tank abatement and major remediation efforts in FY2023.
The Sustainability & Resilience Department (S&R) had expenditures of $113,579 (45.4% of annual budget). A new department in FY2021, S&R achieved its targeted savings for FY2022 by holding a director position open. All encumbered funds ($65,245) are due to an outsourced vendor to service the CalRecycle program and will be fully spent by the end of FY2022. The department expects to end FY2022 below budget.
The Community Development Department (CD) had expenditures of $12.8 Million or 89.5% of annual budget. If you include encumbrances of $257,000 the total percentage of funds used is 92%. Expenditure savings of approximately $1.2 Million were primarily due to salary and benefits ($992,000), with a peak vacancy rate of 20%, and supplies and services ($202,000) with close monitoring of departmental needs and reducing expenditure wherever possible. The Department met its budget reduction target of $643,120.
Non-Departmental expenditures include transfers from the General Fund to other funds, the majority of which includes transfers to the Measure C fund for various capital maintenance and improvement projects. In prior fiscal years, the revenue summary table included anticipated year-end budget variances. This represented approximately 1.5% of budgeted operating expenditures in the General Fund and represents staff’s estimate of the favorable expenditure variances (i.e., expenditures under budget primarily from attrition savings from position vacancies) for the year. The anticipated year-end variance budget is now reported in nondepartmental expenditures in the adopted FY2022 budget.
General Fund Reserves Projection:
The table below summarizes the reserves projected in the General Fund by the end of FY2022, compared to the FY2022 adopted budget and prior year actual reserves. The table summarizes the General Fund reserve targets of 15% disaster and 10% contingency reserves as required by City Council resolution 12-066. Staff will continue to include a projection of anticipated changes to reserves based on likely revenue and expenditure projections included in future reports during quarterly reports to the City Council.
Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 8 General Fund:
Fund Balance
FY2019
Actual
FY2020
Actual
FY2021
Actual
FY2022
Projected
at Q4
FY2022 vs FY2021
Projected Change
in Reserve
Contingency Reserve
Target 10% $13,910,966 $13,799,412 $14,255,661 $14,965,025 $709,364 Disaster Reserve
Target 15% 20,866,449 20,699,118 21,383,491 22,447,538 1,064,047 Total Policy Reserve
Target $34,777,415 $34,498,530 $35,639,152 $37,412,563 $1,773,411 (Below) / Above Policy (1,513,888) (8,526,275) (1,419,589) 4,110,358 5,529,947 Actual Reserves $33,263,527 $25,972,255 $34,219,563 $41,522,921 $7,303,358 Self-Insurance Fund
Under-Reserve (2,109,073) (4,580,532) (4,758,252) (5,889,878) (1,131,626) Remaining
Contingency Reserve $10,288,005 $692,605 $8,077,820 $13,185,505 $5,107,686 The FY2022 adopted budget required the strategic use of a small amount of reserves in order to balance the budget. Due to the favorable revenue growth in sales tax and TOT during most of FY2022, along with additional operating and capital savings from departments, the General Fund reserve position is projected to grow by the end of FY2022. Both disaster and contingency reserves are projected to be replenished by the end of FY2022. The Self-Insurance Fund underreserve amount represents the burden on the General Fund for the reserve position being lower than the actuarial recommended level.
The graph below summarizes the General Fund Reserves since FY2005, including a projection of ending reserves at the end of FY2022. The FY2023 called for the use of $1 Million of reserves to balance the budget, bringing reserves below policy targets in FY2023.
Enterprise Operating Fund Revenues and Expenses
Unlike the General Fund, which relies primarily on taxes to fund programs and services, Enterprise Fund operations is financed primarily from user fees and other non-tax revenues.
The table below summarizes Enterprise Fund revenues and expenses through June 30, 2022, with a comparison to the current fiscal year budget and prior fiscal year expenses. $0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
Actual Disaster Reserves Actual Contingency Reserves Policy Reserves Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 9 The expenses shown in the preceding table do not include outstanding encumbrances as of June 30, 2022. Inclusion of encumbrances can distort the analysis of budgeted and actual expenditures. Outstanding encumbrances include appropriations that were carried forward from prior year as part of the appropriation carryovers and contracts or blanket purchase orders that have been added in the current year but are expected to be spent over the coming months.
Solid Waste Fund
Solid Waste Revenues are $33.9 Million at the end of the fourth quarter, an excess of 3.5% ($1.1 Million) above budgeted amounts. This included $864,000 from the ReSource Center, which was generated by an excess in their Rate Stabilization Fund. According to the Master agreement, when there is excess money in the Rate Stabilization Fund, the County returns the surplus based on a percentage of material delivered by each member. Due to delays in construction, the Rate Stabilization Fund had an excess amount, of which the City received $864,000. This disbursement is considered a one-time event and is unlikely to occur in future periods. In addition, the City generated about $2.75 Million in additional solid waste rate Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 10 revenues over FY2021 numbers, due in part to stable residential and commercial card usage, and higher than expected adopted rates.
Expenditures are $29.8 Million (93.5% of the budget). Most of the increase in expenditure is due to higher-than-expected rate revenue and the associated payments to MarBorg for hauling service.
Staff turnover, specifically vacancies in Code Enforcement Officer and an Environmental Services Specialist, generated about $114,000 in compensation savings by yearend.
Expenditures related to supplies and services are about $1.3 Million under budget. The City adjusted the budget at third quarter in response to higher-than-expected payments to MarBorg.
The City pays a percentage of the rate revenue it receives to MarBorg for hauler services, therefore, higher rate revenue typically translates to a higher payment to MarBorg, as is expected to be the case this year. At year end, the payment to MarBorg was about $672,000 less than budgeted. In addition, professional services contracts were budgeted at $668,844, but only $223,929 was expended, with the balance to be carried over into FY2023, to be paid on current contracts.
Water Fund
At year end, Water Fund revenues are at $78.6 Million, or 104.5% of the revised budget, which is $3.4 Million above revised budget. Customer rate revenue, the Water Fund’s primary revenue source, exceeded budget by approximately $1 Million at year end. A drier rainy season and uptick in residential water use contributed to higher overall water use than expected.
In the third quarter, a total of $711,000 was received via the California Water Arrearage Payment Program. Since receiving the grant, customers made significant payments between early December and April, when the credits were applied. Approximately $573,000 was applied to customers, unapplied funds ($138,000) were returned to the grant agency.
Sale of surplus water came in approximately $900,000 above budgeted amounts, mainly due to an additional limited-term agreement with La Cumbre Mutual Water Company, which commenced March 1, 2022, and updates to the Water Supply Agreement with Montecito Water District, which occurred after the budget was developed.
The City received reimbursements from Cachuma Operations and Maintenance Board ($314,000) for FY2021, and IDE Americas ($305,000) for a true up of electrical and chemicals costs on years 1 and 2 of the Desal Plant design and implementation. Joint Powers Reimbursements exceeded budget by $453,000, primarily due to design costs associated with the Cater Finished Water Resiliency Project. Conversely, due to limited available water and declining water quality, staff were unable to deliver water from Gibraltar Reservoir starting in January 2021. Water deliveries resumed in February 2022 (a year later), after winter rains partially filled Gibraltar and improved water quality. The interruption caused this line item to come in $173,000 below budget.
Expenditures ended the year at 93.8% of annual budget, including incumbrances, or approximately $4 Million below revised budget.
Vacancies and employee turnover produced budgetary savings of $861,000, or 7%. Supplies and services came in $221,000 below budget owing to lower use of discretionary costs like Waste Disposal, Non-Contractual Services, and several smaller line items. Special projects showed savings of $2.3 Million, or 19% of budget (including encumbrances). Approximately Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 11 $1.3 Million of this was due to lower than anticipated State and Cachuma water deliveries on various Water supply contracts, with the remaining amount mainly because less supplemental water was available for purchase and delivery ($800,000).
Increased Southern California Edison Rates, a planned move to 100% carbon free electricity, and increased chemical costs drove Electric and Chemical costs over budget by $143,000 and $102,000, respectively, eating into the above savings.
Wastewater Fund
Yearend revenues are on target at $25.9 Million, Only a portion of Wastewater rates is dependent on water usage, which explains why there is less variability in Wastewater rate revenue when compared to Water rate revenue. Various other revenue sources, such as Interest Income, Sewer Tap Fees, Pre-treatment Analysis, and Fats-Oils-Grease (FOG) Disposal Fees experienced small variances that contributed to the overall balance of revenues.
Expenditures are below budget at $25.2 Million (95.1% of annual budget) at year end. Staff turnover and vacancies, most notably 7 months’ vacancy of the Collections Superintended position, drove savings, bringing salaries and benefits in at $373,000 below budget. An additional $34K came from supplies and services, as anticipated or backlogged services were lower than projected. Some cost savings were offset by Electric and Chemical costs, which were over budget by $72,000 and $115,000 respectively. Southern California Edison rate increases (12%), a planned move to 100% carbon free electricity, and increased chemical costs drove overages in these two areas.
Downtown Parking Fund
At year end, revenues ultimately came in at $8.5 Million, or 90% of budget. The shortfall in revenue was expected due to the impacts of the pandemic. Although demand for employee parking permits is beginning to recover, it remains well below pre-COVID-19 levels because many offices continue to ask their employees to work from home. Parking and Business Improvement Area assessments helped improve revenues, coming in at almost $966,000, which is $216,000 (28.8% above budgeted amounts), indicating that businesses are recovering from pandemic-related impacts stronger than expected. Demand for hourly parking has returned to pre-pandemic levels on weekends but remains lower than normal on weekdays.
Despite this recovery, hourly revenues remain well below pre-pandemic levels because Downtown Parking is having difficulty hiring and retaining enough hourly lot operators to return to normal hours of operation while adhering to the 1,000-hour annual limit. ARPA funds of $1.8 Million will also help to alleviate impacts to revenue shortages, but as hours of revenue collection remain limited, contributing to the total revenue shortfall of almost $2.5 Million before ARPA funds being applied.
On March 8, 2022, the City Council approved of appropriating $1,0483,189 of the $10.9 Million in American Rescue Plan Act (ARPA) funds, which were received on June 6, 2022, to partially offset some of the revenue that has been lost in the Downtown Parking Fund directly related to economic impacts from COVID-19. These funds were used to continue to provide services to the community.
Expenditures came in at $8.0 Million (91.4% of annual budget). This is mainly due to lower Salary and Benefit costs with ongoing vacancies in permanent positions, Supplies and Services savings from carrying ARPA related projects over to FY2023, and reduced credit card fees due to decreased hourly parking transactions. However, these were offset by hourly salaries coming Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 12 in over budget, increased electricity costs due to higher-than-expected uses. Additionally, the encumbrances in Special Project lines for the PBIA assessment study ($82,000) will be rolled to FY2023, as the study remains on hold due to major changes to the State Street Promenade and ongoing master planning process.,
The Downtown Parking Fund reserves have gradually declined over the past 4 years and the impacts of COVID-19 have further deteriorated the reserve position. The fund is below the policy reserve target at the end of FY2022.
Clean Energy Fund
The Santa Barbara Clean Energy Fund began operation in October 2021 and started receiving revenue in the second quarter this year. By year-end, revenues totaled $16.3 Million, about $3.8 Million above budget because of better-than-expected participation from ratepayers. In addition, a $2 Million General Fund loan was disbursed to cover startup costs. Because of timing differences of cash flows and a slightly higher number of customers taking longer to pay their bills, staff requested an additional $542,161 loan amount at yearend. The loan is disbursed on an as-needed basis as costs occur.
Expenditures for the Fund were $15.5 Million (52.1% over annual budget) for FY2022. The program’s second phase launched during fourth quarter, bringing in commercial customers and accelerating costs accordingly. This increase is due to better-than-expected customer participation as well as significant increases in power costs due to the recent run up in energy markets.
Airport Fund
The Santa Barbra Airport continues to see better than anticipated recovery in commercial airline activity, driving overall revenue growth. In other lines of business, the Airport revenues remained stable. Total revenue collected through the fourth quarter is $30.3 Million or 109.7% of annual budget. Total expenses through the fourth quarter are at $27.2 Million with an additional $1.1 Million in encumbrances or 98.8% of annual budget. The actual surplus is the result of $5.9 Million of ARPA funds that were received in the fourth quarter, higher than budgeted revenues from record Airline Passenger activities and expenditure budget savings. Passenger counts nearly doubled from 58,000 in January 2022 to a new record monthly count of 114,000 in June 2022, contributing to Terminal revenue rising 9.7% over FY2022 budget.
Expenditures were $27.2 Million, or 86.38% of the annual budget, including encumbrances. The Airport achieved savings due to unfilled vacancies in the first half of the fiscal year and other related operating expenses across most programs. As vacancies persist and possibly increase with planned retirements and difficulties in the labor market, overtime costs have risen and may increase further to back fill these positions. Airport ended the fiscal year at 89.9% of budgeted expenditures including encumbrances.
Golf Fund
Golf Fund Revenues came in 15% above budget at $4.2 Million. Golf continues to maintain its popularity post COVID-19. This popularity combined with excellent weather and favorable course conditions resulted in 72,248 paid rounds of golf in FY2022; more than 10,000 rounds above budget projections.
At Q3 the operations expense authority was adjusted to account for increased play and activity at the golf course, resulting in a net favorable return of $940,528 in FY2022 which is 28% greater than projected at Q3.
Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 13 Expenditures were $3.3 Million, or 96.8%, of annual budget. Due to continued high use of the Golf Course, the City anticipated the operator would achieve a higher incentive fee than projected at midyear. Additionally, corresponding operational expenses are slightly higher than forecast at midyear. Even with the increase in expenditures, the Golf Fund’s revenues exceeded expenditures by over $940,000 in FY2022.
Waterfront Fund
The Waterfront Department’s revenues and expenditures for FY2022 at year end continue to rebound from the impact of the COVID-19 pandemic, with Waterfront parking lot revenues achieving all time daily highs in June and July in addition to the return of community events to help promote Santa Barbara and the Waterfront. Budgeted revenue estimates for FY2022 were very conservative due to significant COVID-related economic uncertainty. Ultimately, the fund exceeded FY2022 budgeted revenues by yearend and outperformed FY2021 in some instances. Waterfront Revenues were $17.8 Million (12% over annual budget) at yearend.
Commercial leases at both Stearns Wharf and the Harbor are up 22.9%, or $423,901 over budgeted amounts, food service leases are up 27.2%, and parking revenues up 22.3% over prior year.
Expenditures were $15.0 Million, or 92.0%, of annual budget. Cost savings were achieved by maintaining numerous position vacancies and reducing supplies and services costs across Waterfront Divisions. Additionally, Capital Outlay has been drastically reduced as COVID-19 delayed many capital projects, with planning and activities for future projects continuing at lower than initial costs. The department continues to monitor costs and achieved over $1 Million in savings for FY2022.
Enterprise Operating Funds: Year-End Projected Reserves.
The table below summarizes the anticipated impact on reserves in each of the major enterprise funds at the end of FY2022 compared to policy reserve targets.
Although staff were projecting that Downtown Parking would require using reserves in FY2022, additional salary and other operational savings resulted in a small surplus to address declining reserves and future budget challenges. The Clean Energy fund will propose a reserve policy in the future as a formal policy has yet to be established being the enterprise is in its infancy stage.
Staff developed and presented balancing strategies as part of the FY2022 budget process to minimize the use of reserves and a plan for replenishment, as per Resolution 12-066.
Fiscal Year 2022 Interim Financial Statements
For The Twelve Months Ended June 30, 2022 (100% of Year Elapsed) 14 Interdepartmental Services Operating Fund Revenues and Expenses The City has established internal service funds for centralized services that provide support across most or all funds and departments. These functions primarily include fleet, facilities, risk management, and information technology. The interim quarterly reports would typically not discuss in detail major changes in the City’s internal services departments and funds as major changes typically do not occur during the year.
Self-Insurance Fund (SIF)
The City purchases insurance policies to cap its exposure to loss for specific hazards. The SIF accumulates revenues through an annual allocation from departments as an expenditure to each department. The SIF then pays for the program’s annual renewals for insurance coverage, claims that may need to be paid during the fiscal year, and the staff administering the programs.
The SIF has experienced financial challenges in recent years. The annual allocations coming into the SIF from departments has remained relatively flat because of the budgetary challenges facing the City’s General Fund and other funds. The cost to the City to retain the existing property, excess general liability, and other insurance programs has increased substantially over the years. Liability coverage has become more expensive across the nation due to recent large losses from law enforcement and other claims. And property coverage has become more expensive due to insurance companies factoring in increased costs due to recent droughts and wildfires in the Western United States and California, in particular.
The most recent actuarial report recommended that the City have an $18.3 Million reserve balance in the SIF to be able to continue to fund the City’s existing insurance program and cover reasonably anticipated claim activities. The FY2022 budget assumed an ending fund balance of $7.5 Million in the SIF, but the revised projection for yearend indicates the ending reserve will be lower by $1 Million resulting in an ending fund balance of $6.5 Million.
On November 16, 2021, staff presented an overview to the Finance Committee regarding major changes anticipated in the insurance industry, budget considerations for FY2022 and FY2023, and substantial increases to operating department allocations into the SIF to ensure ongoing premium and claim payment costs can be met and adequate reserves can be achieved. The Finance Committee unanimously supported implementing a plan to gradually increase allocations into the SIF over the next nine fiscal years to target achieving reserves at or near the actuarial recommended level. Staff built in these allocation increases into the FY2023 adopted budget.
ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
GENERAL FUND (Fund 1000)
Increase estimated revenues and appropriations to transfer out from the General Fund to the Measure C Capital Fund (3010) for additional Measure C sales tax revenues received. $ 5,836,011.74 5,836,011.74 $ - $ Increased demand for the Youth Activities Summer Fun Program necessitates an increase in estimated revenues and appropriations to meet community demand. $ 37,000 37,000 $ - $ Increase estimated revenue and appropriations in Fire Operations Fund for activity associated with responses to Mutual Aid incidents. $ 405,497 405,497 $ - $
$ - (30,000) $ 30,000 $
$ 26,440 - $ 26,440 $
$ - 56,440 $ (56,440) $
Increase estimated revenues and appropriations for additional Traffic Safety Fund (2300) transfers. $ 4,316 4,316 $ - $ $ - (180,000) $ 180 $ ,000
$ - 180,000 $ (180,000) $
Total General Fund (1000) $ 6,309,264 6,309,264 $ - $
LIBRARY EQUIPMENT FUND (Fund number 1050)
Increase estimated revenues and appropriations to transfer in $180,000 of salary/benefit savings from the General Fund (1000) to the Library Equipment Fund (1050) for critical technology projects to support community needs. $ 180,000 180,000 $ - $ Total Library Equipment Fund (1050) $ 180,000 180,000 $ - $
SPECIAL REVENUE FUNDS
Traffic Safety Fund (2300)
Increase estimated revenues and appropriations to transfer funds to the General Fund (1000) for additional funds received in the Traffic Safety Fund (2300). $ 3,596 3,596 $ - $
Total Traffic Safety Fund (2300) $ 3 3,596 $ - ,596 $
Police SLESF Fund (2320)
Increase revenues and approriations by $11,486 to adjust to the final amount received from the State for COPS SLESF. 11,486 $ 11,486 $ - $ Total Police SLESF Fund (2320) $ 11,486 11,486 $ - $
Streets Operating Fund (2400)
Increase appropriations to transfer funds to the Downtown Parking Fund (5300). This is needed to reimburse the Downtown Parking Fund staffing costs related to the Oversized Vehicle Program (OSV). $ - 5,644 $ (5,644) $ Appropriate $46,079 to transfer from Streets Operating Reserves to fund the contract for traffic modeling services to update the City's Traffic Model and forecast future traffic patterns. $ - 46,079 $ (46,079) $ Total Streets Operating Fund (2400) $ - 51,723 $ (51,723) $ FEMA Hazard Mitigation Fund (2710)
Increase estimated revenues and appropriations to transfer in $69,800 from the Desalination Facility project in the Water Capital Fund (5010) to the FEMA Hazard Mitigation Fund (2710) to cover contracted engineering services for the project. $ 69,800 69,800 $ - $ Total FEMA Hazard Mitigation Fund (2710) $ 69,800 69,800 $ - $ Reduce appropriations to transfer out $180,000 of salary/benefit savings from the General Fund (1000) to the Library Equipment Fund (1050) for critical technology projects to support community needs.
City of Santa Barbara
Fiscal Year 2022 Financial Statements for the Twelve Months Ending Jun 30, 2022 Proposed Budget Adjustments
Reduce estimated appropriations by $30,000 and increase estimated revenue by 26,439.75 to transfer unused appropriation for contractual services and the offset revenue increase in the General Fund (1000) to the Capital Outlay Fund (3000).
ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
SPECIAL REVENUE FUNDS (Continued)
Community Development Miscellaneous Grants Fund (2810)
Increase in revenue and appropriations in the Community Development Miscellaneouse Grants Fund by $9,500. This entry programs an additional $9,500 in REAP Grant Funds. The City received a REAP grant in the amount of $499K with a period of activity from 1/1/21 through 9/30/23. The grant has been programmed as needed and this budget request adds necessary funding for continued use of interns and an allocation for grant related advertising, supplies, and other miscellaneous expenditures.
$ 9,500 9,500 $ - $
Total Community Development Miscellaneous Grants Fund (2810) 9,500 $ 9,500 $ - $ Library Miscellaneous Grants Fund (2850)
Increase estimated revenue and appropriations as the California State Library awarded the Library $5,000 for books and materials to support outdoor activities and to be used in conjunction with visits to State Parks. $ 5,000 5,000 $ - $ Increase estimated revenue and appropriations as the Santa Barbara Public Library Foundation awarded the Library with a $5,000 grant funded by the Louise M. Labarere Fund, to support collections on the LOTG Van. $ 5,000 5,000 $ - $ Increase estimated revenue and appropriations as the Friends of the Central Library gave the Library an additional $19,264 contribution to support Library programs and supplies. $ 19,264 19,264 $ - $ Increase in estimated revenue and appropriation as the Santa Barbara Foundation awarded the Library with a workforce development grant to host a series of job fairs in the community. $ 16,760 16,760 $ - $ Increase estimate revenue and appropriations as the Friends of the Eastside Library gave the Library an additional $1,653 contribution to support Library programs and supplies. $ 1,653 1,653 $ - $ Total Library Miscellaneous Grants Fund (2850) 47,677 $ 47,677 $ - $ Parks and Recreation Miscellaneous Grants Fund (2860)
Increase estimated revenue and appropriations to receive a miscellaneous grant for upkeep of Alice Keck Park Memorial Gardens. $ 130,000 130,000 $ - $
Total Parks and Recreation Miscellaneous Grants Fund (2860) 130,000 $ 130,000 $ - $ Capital Outlay Fund (3000)
Increase estimated revenues and appropriations for Band Shell Renovation from SB Beautiful. 10,000 $ 10,000 $ - $ Increase estimated revenue for technology fees in the General Fund (1000) transferred to the Capital Outlay Fund (3000) to support furture technology needs and upgrades. $ 56,440 - $ 56,440 $ Total Capital Outlay Fund (3000) $ 66,440 10,000 $ 56,440 $ Measure C Capital Fund (3010)
Increase estimated revenues to transfer in from the General Fund (1000) to the Measure C Capital Fund for additional - $ 5,836,011.74 $ 5,836,012 $ Total Measure C Capital Fund (3010) $ 5,836,012 - $ 5,836,012 $ Streets Capital Fund (3400)
$ - (10,000) $ 10,000 $
$ - 10,000 $ (10,000) $
Total Streets Capital Fund (3400) $ - - $ - $
Streets Grant Capital Fund (3410)
Increase estimated revenues and appropriations by $387,243 for federal grant funding for the environmental mitigation & monitoring of the Quinientos Bridge Replacement Project. $ 387,243 387,243 $ - $ Increase estimated revenues and appropriations by $21,994 for federal grant funding for additional Preliminary Engineering and Right of Away phase for the Bath Street Crossing Enhancement. $ 21,994 21,994 $ - $ Total Streets Grant Capital Fund (3410) $ 409,237 409,237 $ - $ Reduce appropriations to transfer out $10,000 from the Mission Creek Flood Control project in the Streets Capital Fund (3400) to the Gutierrez Street Bridge Replacement project in the Measure A Capital Fund (3440) to cover additional the approved contract services. The Streets Capital account has available funds as the project is close to completion and has scope of work savings.
ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
SPECIAL REVENUE FUNDS (Continued)
Measure A Capital Fund (3440)
Increase estimated revenues and appropriations to transfer in $10,000 from the Mission Creek Flood Control project in the Streets Capital Fund (3400) to the Gutierrez Street Bridge Replacement project in the Measure A Capital Fund (3440) to cover the approved contract services.
$ 10,000 10,000 $ - $
Total Measure A Capital Fund (3440) $ 10,000 10,000 $ - $
ENTERPRISE FUNDS
Water Capital Fund (5010)
$ - (69,800) $ 69,800 $
$ - 69,800 $ (69,800) $
Total Water Capital Fund (5010) $ - - $ - $
Downtown Parking Operating Fund (5300)
Increase estimated revenue to transfer in funds from the Streets Operating Fund (3400) to reimburse staffing costs related to the Oversized Vehicle Program (OSV). $ 5,644 - $ 5,644 $ Total Downtown Parking Operating Fund (5300) $ 5,644 - $ 5,644 $ SB Clean Energy Fund (5500)
$ 3,795,892 - $ 3,795,892 $
$ - 5,364,740 $ (5,364,740) $
Total SB Clean Energy Fund (5500) $ 3,795,892 5,364,740 $ (1,568,848) $ Golf Course Fund (5600)
Increase estimated revenue and appropriations as the golf course received more revenues to transfer to the Golf Course Capital Fund (5610). $ 8,293 8,293 $ - $
Total Golf Course Fund (5600) $ 8,293 8,293 $ - $
Golf Course Capital Fund (5610)
Increase estimated revenue and appropriations as the Golf Course Fund (5600) transferred more funds to purchase equipment. $ 8,293 8,293 $ - $
Total Golf Course Capital Fund (5610) $ 8,293 8,293 $ - $ Airport Operating Fund (5700)
Appropriate $198,580 to transfer from Airport Operating Fund Reserves (5700) to the Airport Capital Fund (5710) to assist in the purchase of a new telescopic handler lift and to cover additional costs in the Asbestos Removal Project. $ - 198,580 $ (198,580) $ $ - (24,315) $ 24,315 $
$ - 24,315 $ (24,315) $
Increase appropriations by $215,000 from Airport Operating Reserves to fund one year of contracted TSA Queing Support due to a lack of hourly applicants. $ - 215,000 $ (215,000) $ Increase appropriations to transfer funds from the Airport Operating Fund (5700) to the Airport Capital Fund (5710) for the purchase of the Two Way Radios Replacement project. $ - 95,855 $ (95,855) $ Total Airport Operating Fund (5700) $ - 509,435 $ (509,435) $ Reduce appropriations to transfer out $69,800 from the Desalination Facility project in the Water Capital fund (5010) to the FEMA Fund (2710) to cover contracted engineering services for the HMGP-Desalination Pump Platform Hardening project.
Increase in estimated revenue and appropriations in the SB Clean Energy Fund (5500) due to a higher participation rate and a global ramp up in energy prices. The adopted budget included $2.3 million more in estimated revenues than appropriations. After this adjustment, $0.7 million more of estimated revenues than appropriations will be budgeted.
Reduce appropriations to transfer out $24,315 from the Airport Operating Fund (5700) to the Airport Capital Fund (5710) to replace water meter.
ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
ENTERPRISE FUNDS (Continued)
Airport Capital Fund (5710)
Increase estimated revenues and appropriations by $198,580 from a transfer from Airport Operating Fund Reserves (5700) to the Airport Capital Fund (5710) to assist in the purchase of a new telescopic handler lift and to cover additional costs in the Asbestos Removal Project.
$ 198,580 198,580 $ - $
Increase estimated revenues and appropriations by $24,315 by a transfer from Airport Operating Fund (5700) to the Airport Capital Fund (5710) to replace water meter. $ 24,315 24,315 $ - $ $ - (500,000) $ 500,000 $
$ - 500,000 $ (500,000) $
Increase estimated revenue to transfer in funds from the Airport Operating Fund (5700) to the Airport Capital Fund (5710) for the purchase of the Two Way Radios Replacement project. $ 95,855 - $ 95,855 $ Total Airport Capital Fund (5710) $ 318,750 222,895 $ 95,855 $ Airport Customer Facility Charge Fund (5740)
Increase appropriations by $30,000 from the Customer Facility Charge Fund Reserves for audit requirements to restart $10 per contract customer facility charge. $ - 30,000 $ (30,000) $ Total Airport Customer Facility Charge Fund (5740) 30,000 $ - $ (30,000) $
INTERNAL SERVICE FUNDS
Self Insurance Trust Fund (6100)
Increase appropriations for property insurance premium increase in FY2022 compared to the adopted budget. 257,000 $ - $ (257,000) $ Total Self Insurance Trust Fund (6100) $ - 257,000 $ (257,000) $ Reprogram existing appropriations of $500,000 from the Airport Parking Revenue Control project to fund the purchase of two EV Parking Shuttle Busses to replace the shuttle vans currently rented to transport terminal employees and passengers to the Economy Parking lot.
1 RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA ESTABLISHING POLICIES FOR
RESERVES FOR THE CITYS GENERAL FUND,
ENTERPRISE FUNDS AND INTERNAL SERVICE FUNDS,
AND AMENDING RESOLUTION NO. 12-066 AND
RESCINDING RESOLUTION NO. 18-056.
WHEREAS, the City desires to establish policies regarding reserves for the various City funds for the purpose of providing consistent designations for different categories of reserves, ensuring fiscal security for the funds, and defining standards for minimum and maximum amounts to be maintained in reserves;
WHEREAS, such reserves policies will be most readily communicated and understood if they are consolidated and formally adopted in a single document; WHEREAS, the Council has considered the proposed reserves policies applicable to the General Fund, Enterprise Funds, and Internal Service Funds at a regular Council meeting on June 12, 2012 and subsequently adopted the policy on October 3, 2012; and WHEREAS, the Council has considered the proposed reserve policies applicable to the General Fund, Enterprise Funds, and Internal Service Funds at a regular Council meeting on _________.not proposed changes to reserve policies applicable to Enterprise Funds, which are contained in Council Resolution Nos. 95-157 and 99-066, but are nonetheless incorporated into this policy documentCity desires to update the reserve policy to address ongoing pension expenses and liabilities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT the following reserves policies are adopted:
SECTION 1: CALCULATION OF RESERVE AMOUNTS
Final reserve balances will be calculated at end of each fiscal year after the closing of the City's accounting records. An amount will be established for each fund, as applicable, as a commitment of fund balance for each type of reserve established by this policy.
As soon as practical after the close of a fiscal year, staff will provide City Council a report showing the status of reserves as of June 30. At any time it is proposed to utilize reserves pursuant to this policy, staff will provide a similar report on reserves and projected fiscal impact from the proposed use of reserves.
SECTION 2: DISASTER RESERVES
The amount of the required Disaster Reserve is calculated based on 15% of the most ATTACHMENT 4
2 recently adopted fiscal year operating expenditure budget.
The Disaster Reserve is restricted to use in addressing the financial impacts of natural disasters, such as storm, floods, wildfires, droughts, tsunamis, earthquakes and any other event that results in significant damage to City facilities and infrastructure or a significant reduction of normal operating revenues.
The use of Disaster Reserves should generally be limited to federal or state declared disasters. The use of Disaster Reserves is also allowable in cases where the natural disaster is less severe, such as a major fire to a City building that requires temporary facilities to be leased. Disaster reserves may be used only after other available funds are exhausted, including the Contingency Reserve.
Examples of financial impacts that would justify the use of Disaster Reserves include:
• Extraordinary costs incurred in connection with the immediate emergency response to address public safety matters.
• Revenue losses resulting from a significant decline or temporary halt in visitors to the Cityservices due to major damage to facilities, infrastructure and local businesses.
• Additional costs necessary to maintain City operations. • Long -term costs incurred to rebuild City facilities and infrastructure.
SECTION 3: CONTINGENCY RESERVES
The Contingency Reserve is calculated based on 10% of the most recently adopted fiscal year operating expenditure budget.
The purpose of the Contingency Reserve is to allow for the orderly implementation of a balancing strategy to address the fiscal impacts of unexpected events in order to minimize the impacts to the organization and community. The most common of these events would be an economic recession that results in a significant impact on key revenues such as sales, transient occupancy or property taxes.
Other unexpected events for which these reserves could be used include the following:
• Natural disasters, as described above for Disaster Reserves; • Revenue impacts resulting from State of California actions or unfunded State mandates;
• Unexpected loss of external funding from sources such as grants or entitlements; • An unplanned loss of, or damage to, a City facility such as the loss of a building due to fire;
• Mitigation of an emergency that poses a threat to public health and safety; and • An adverse judicial action that requires large cash payments to third parties and is not covered by insurance.
3 The general intent of the Contingency Reserve is for unexpected events or situations. In general, its purpose is not to fund known or anticipated financial impacts, such as negotiated salary and benefit increases or scheduled increases to health insurance premiums or retirement costs.
SECTION 4:
RESERVES
COUNCIL APPROVAL OF DISASTER AND CONTINGENCY
4 Any use of the Disaster or Contingency reserves described in Sections 2 and 3 requires a majority vote of approval by the City Council.
When the use of reserves is recommended to the City Council by staff, the justification should include the following elements:
An Assessment of the Fiscal Condition and Outlook:
This assessment should include an objective evaluation of the operating fund's fiscal condition and an evaluation of the impacts of the event that triggered the need to use of reserves. The purpose of this evaluation is to measure and define the scope and duration of the problem to assist in developing an appropriate balancing strategy.
This assessment of fiscal condition should include the use of available and relevant financial and non-financial data, including economic and demographic indexes and trends; historical revenue and expenditures results; and local economic forecasts developed by recognized academic and financial institutions and paid consultants.
Balancing Strategy
The balancing strategy should include measures that minimize the use of Contingency Reserves, such as:
• Expenditure reductions achieved through efficiency measures, cuts to programs, services and associated staffing;
• Revenue enhancement measures that generate new or increased revenues; • Use of existing one-time funds; and
• Use of available reserves in other funds, as allowable and appropriate.
The balancing strategy should also be consistent with the nature of the fiscal impact.
For example, a one-time impact may be resolved fully with the use of reserves, depending on its severity. However, an event that has an ongoing financial impact, such as decline in revenues due to a major recession, will require a balancing strategy that includes ongoing budget and programmatic adjustments to minimize the use of reserves.
Plan of Replenishment
The replenishment plan should include the following elements, as appropriate:
• A one-time (one-year) use of reserves should be accompanied by a specific plan for how and when the reserves will be restored.
• An extended use of reserves for more than one year should be accompanied by a long-term strategy that includes a more general plan for how the reserves 5 will be restored.
SECTION 5: ENTERPRISE FUNDS
Enterprise Funds will be subject to the same Disaster and Contingency Reserve and approval requirements as described inSections 2, 3 and 4 of this resolution.
In addition, each Enterprise Operating Fund will establish a Capital Reserve funded to at least 5% of the value of its capital assets. In the alternative, the amount may be established at an amount equal to the average of the adoptplanneded capital program budgets for the previousupcoming three fiscal years. Appropriations from these reserves will be to fund major capital costsaddress an unexpected capital project or unanticipated increase in capital projects. Capital reserves might also be used to build up and fund major capital projects.
The Water, Wastewater, Solid Waste and Clean Energy Enterprise Operating Funds shall utilize the contingency reserve as a rate stabilization reserve to buffer a significant loss in revenue or the impacts of significant rate increases. The use of these reserves should be considered one-time revenue as future rates shouldwill need to be adjusted to address any ongoing expense increases to operating the enterprise.
For the Waterfront Enterprise Fund, the Capital Reserve requirement will be met through reserves accumulated in the Harbor Preservation Fund (HFP). Pursuant to Chapter 17.40 of the Santa Barbara Municipal Code, the HFP is required to maintain reserves of no less than $2 million for preservation, enhancement and management of Waterfront and State Tidelands Trust properties.
Where applicable, each Enterprise shall maintain any required debt service reserve to support the long-term borrowing and shall be restricted to the level of indebtedness of the utility.
The City shall also consider establishing a line of credit with a banking institution that may be leveraged for financing capital projects and in the event of a disaster. Leveraging a line of credit is a viable risk management approach and may address short-term cash flow needs and lessen the need to require disaster reserves in the future. A line of credit shall not be used to pay for operating expenses. The cost of establishing a line of credit shall be considered in relation to the investment earnings that may be achieved through investing funds in line with the City’s investment policy and other operating considerations.
SECTION 6: RESERVE REQUIREMENTS FOR INTERNAL SERVICE FUNDS Internal Service Funds are not subject to the reserve requirements for Disaster Reserves or Contingency Reserves. Instead, Internal Service Funds will maintain an operating reserve equal to 10% of the operating budget of the most recently adopted budget. This reserve will be available to address unexpected events and natural disasters that affect the operations and revenue streams of the Internal Service Funds. 6 Within the City budgetary structure there are a number of Internal Service Funds that are used to provide services to operating departments throughout the City. These Internal Service Funds include the following:
Information Systems Fund
Fleet Maintenance Fund
Facilities Management Fund
Self-Insurance Fund
All of the Internal Service Funds listed above will be subject to the 10% reserve requirement, with the exception of the Self-Insurance Fund, which by design builds up assets for the payment of claims several years into the future, and the Facilities Management Fund, which is based on 10% of the adopted Building Maintenance Program Budget. As a result, there should be adequate cash reserves to cover unanticipated costs.
In addition, the reserve requirements do not apply to Internal Service Funds that are specifically designed to accumulate reserves for capital, such as the Vehicle Replacement Fund.
SECTION 7: APPROPRIATED RESERVES
An Appropriated Reserve will be included in each operating fund's adopted budget to provide for unanticipated expenditures or to meet unexpected small increases in service delivery costs within the fiscal year. For the General Fund, the appropriated reserve should be at least $1250,000. For Enterprise and Internal Service operating funds, this reserve will be at least one-half of one percent of the operating budget. Any unused portion of the appropriated reserve in each fund will be returned to fund balance at the end of the fiscal year.
The use of the General Fund appropriated reserve requires an affirmative vote of a majority of the City Council; use of appropriated reserves in Enterprise and Internal Service Funds requires approval of the appropriate department head.
SECTION 8: ALLOCATION OF GENERAL FUND, ENTERPRISE FUNDS AND
INTERNAL SERVICE FUNDS YEAR-END SURPLUS TO CAPITALPENSION
EXPENSES AND LIABILITIES
At the end of each fiscal year, any General Fund, Enterprise Funds and Internal Service Funds surplus realized from actual revenues exceeding actual expenditures including the annual capital program will be used to maintain reserve balances at levels required by this policy as well as address pension-related expenses and future liabilities. The amount of reserves to be transferred to a Section 115 trust to address pension-related expenses and future liabilities will be determined based on the proportional burden of expenses and liabilities in each fund. Maintaining reserve balances will be the highest priority, followed by addressing pension-related expenses and future liabilities.as follows:
7 • 50% will be used to fund any deficit and/or maintain reserve balances at levels required by this policy.
• The remaining surplus of at least 50% will remain in the General applicable Fund reserve balance or be transferred into a capital sinking fund that will be available for capital improvements and replacementsSection 115 Trust to be used to address pension-related expenses and future liabilities.
To the extent less than 50% of the surplus is needed to maintain required reserve balances, the remaining balance will remain in the Generalapplicable Fund resesrve balance or be transferred into the capital sinking fundSection 115 Trust.
Any allocation of year-end surplus towards capital should not be used to supplant the annual capital program funding. Therefore, the calculation of the year-end surplus will be after including the expenditures for the annual capital program.
SECTION 9. RESOLUTION NO. 18-056.
Resolution No. 18-056 is hereby rescinded in its entirety.
CITY OF SANTA BARBARA
FINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: September 27, 2022
TO: Finance Committee
FROM: Administration, Library Department
SUBJECT: Library Department Financial Review
RECOMMENDATION:
That Finance Committee receive a presentation from staff on the Library Department’s programs and services, including sources of funding, expenditure analysis, and other operational topics.
DISCUSSION:
On June 14, 2022, the Finance Committee received a presentation from Finance staff regarding the Fiscal Sustainability Initiative. Finance staff presented an overview of a number of budgetary and financial challenges that the City has faced in recent years. In order to address these fiscal challenges in the long-term, staff initiated 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.
As part of the Fiscal Sustainability Initiative, the Community Development, Parks and Recreation, and Library departments, and possibly other departments, are scheduled to provide informational presentations to the Finance Committee.
At this third Fiscal Sustainability Initiative departmental presentation, the Library Department will provide information on the programs and services provided by the department, how they are funded, which priorities are fully funded, and which ones are legally mandated versus discretionary functions, among other topics.
BUDGET/FINANCIAL INFORMATION:
There is no budgetary or financial impact associated with this item.
Agenda Item No. 2
File Code No. 120.03
Finance Committee Agenda Report
Library Department Financial Review
September 27, 2022
PREPARED BY: Kristina Hernandez, Library Services Manager SUBMITTED BY: Jessica Cadiente, Library Director
APPROVED BY: City Administrator's Office
Agenda Item No. 1
File Code No. 120.04
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: September 27, 2022
TO: Mayor and Councilmembers
FROM: City Clerk’s Office
SUBJECT: Minutes
RECOMMENDATION:
That Council waive reading and approve the minutes of the regular meeting of June 28, 2022; and the special meeting of August 30, 2022.
DISCUSSION:
The minutes of June 28, 2022 were previously approved by Council, but need to be reapproved in order to provide correct term end dates for two new Housing Authority Commission members. These two new members, Esvin Almengor, and Mary Fenger are tenant members. These members should have been appointed to two-year terms. However, due to an error, they were presented to Council as available to be appointed to four-year terms. The updated minutes reflect the correct two-year terms for these members.
BUDGET/FINANCIAL INFORMATION:
There is no budget/financial impact associated with this action.
ATTACHMENTS:
1. June 28, 2022 Regular Meeting Minutes
2. August 30, 2022 Special Meeting Minutes
PREPARED BY: Niko Lopez, Deputy City Clerk
SUBMITTED BY: Sarah Gorman, City Clerk Services Manager APPROVED BY: City Administrator's Office
Agenda Item No. 2
06/28/2022 Santa Barbara City Council Minutes Page 1 of 15
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 28, 2022
COUNCIL CHAMBERS AND MAYOR/COUNCIL OFFICE, CITY HALL,
735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. and announced that the meeting is being held via teleconference and Councilmembers Eric Friedman, Oscar Gutierrez, Meagan Harmon, Kristen W. Sneddon are participating electronically from council offices. The Finance Committee and Ordinance Committee, which normally meet at 12:30 p.m., did not meet on this day.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez (2:10 p.m.), 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 Niko Lopez
CEREMONIAL ITEMS
1. Subject: Parks Make Life Better Month- July 2022 (120.04) Mayor Rowse presented a proclamation. Beebe Longstreet received the proclamation.
CHANGES TO THE AGENDA
There were no changes to the agenda.
06/28/2022 Santa Barbara City Council Minutes Page 2 of 15
PUBLIC COMMENT
Members of the public: Scott Wenz, John Palminteri, Aron Ashland, Victoria Valente, Michael Baris.
CONSENT CALENDAR (Items 2-17)
The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers Jordan/A. Gutierrez to approve the Consent Calendar, with one correction to the minutes for June 7, 2022.
Vote:
Unanimous roll call vote.
2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of June 7, 2022 and the special meetings of October 6, 2020; October 13, 2020; January 26, 2021; February 9, 2021; March 2, 2021; March 9, 2021; March 16, 2021; June 6, 2022; June 7, 2022; and June 8, 2022.
Action: Approved the recommendation (June 28, 2022, Council Agenda Report and any attachments).
3. Subject: Adoption Of An Ordinance Moving The Alcoholic Beverage Retail Establishments Ordinance From Chapter 28.80 To Chapter 28.77 To Correct A Non-Substantive Clerical Error
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Directing the Recodification of Ordinance No. 6026, Alcoholic Beverage Retail Establishments, as Chapter 28.77 of the Santa Barbara Municipal Code.
Action: Approved the recommendation; Ordinance No. 6076.
4. Subject: Adoption Of A Resolution To Authorize The City To Receive And Spend CalRecycle Grant Funds (630.02)
Recommendation: That Council:
A. Accept a grant award totaling $132,171 from the California Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program;
06/28/2022 Santa Barbara City Council Minutes Page 3 of 15 B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal year 2022, for CalRecycle Grant Funds; and
C. Increase revenue appropriations and expenditure appropriations by $132,171 in the Fiscal Year 2022 Solid Waste Fund budget for the CalRecycle Local Assistance Grant.
Action: Approved the recommendation; Resolution No. 22-070 (June 28, 2022, Council Agenda Report and any attachments).
5. Subject: Adoption Of A Resolution And Authorization For Cooperative Agreement For The Modoc Road Multiuse Path Extension, Santa Barbara Junior High Multiuse Path Gap Closure On Cota Street, And San Andres Street Safe Crossings And Lighting Project (530.04)
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, to Appropriate Measure A Cycle 5 Grant Funds and City Funds for the Modoc Road Multiuse Path Extension, Santa Barbara Junior High Multiuse Path Gap Closure on Cota Street, and San Andres Street Safe Crossings And Lighting Projects; and
B. Authorize the Public Works Director to execute the Measure A Cycle 5 Project Cooperative Agreement between the City of Santa Barbara and the Santa Barbara County Association of Governments.
Action: Approved the recommendation; Resolution No. 22-071, Agreement No. 28,152 (June 28, 2022, Council Agenda Report and any attachments).
Speakers:
- Members of the Public: Scott Wenz
6. Subject: Adoption Of A Resolution Regarding Records Destruction For The Human Resources Department (160.06)
Recommendation: That Council adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara Relating to the Destruction of Records Held by the Human Resources Department.
Action: Approved the recommendation; Resolution No. 22-072 (June 28, 2022, Council Agenda Report and any attachments).
06/28/2022 Santa Barbara City Council Minutes Page 4 of 15
7. Subject: Adoption Of Resolution To Increase Professional Services Contract With GSI Environmental, Inc.; And Amendment Of Contract Recommendation: That Council:
A. Authorize the Airport Director to increase the existing Professional Services Agreement No. 26,992 with GSI Environmental, Inc., in the amount of $648,173 for site investigation work necessary to implement Supplemental Work Plan approved by the Regional Water Quality Control Board; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Appropriate Funds for Professional Services Contract for Airport Poly- and Per-Fluoroalkyl Substance Investigation Efforts.
Action: Approved the recommendations; Agreement No. 26,992.1; Resolution No. 22-073 (June 28, 2022, Council Agenda Report and any attachments).
8. Subject: May 2022 Investment Report (260.02)
Recommendation: That Council accept the May 2022 Investment Report.
9. Subject: Amendment To Legal Services Agreement With Richards Watson & Gershon For Special Counsel Services
Recommendation: That Council authorize the City Attorney to execute an amended legal services agreement with Richards Watson & Gershon, for special counsel services and related costs regarding the De La Vina Street Bridge Replacement Project, in an amount not to exceed $365,000.
Action: Approved the recommendation; Agreement No. 22200154.1 (June 28, 2022, Council Agenda Report and any attachments).
10. Subject: Contract For Feasibility Study Update For General Western Aero Hangars Restoration At Santa Barbara Airport (560.04)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with LMA Architects in the amount of $52,700, for a feasibility study update to analyze restoration and relocation options for the General Western Aero Hangars and authorize the Public Works Director to approve expenditures of up to $5,270 for extra services that may result from necessary changes in the scope of work.
06/28/2022 Santa Barbara City Council Minutes Page 5 of 15 Speakers:
- Members of the Public: Fermína Murray.
Action: Approved the recommendations; Agreement No. 28,153 (June 28, 2022, Council Agenda Report and any attachments).
11. Subject: Adoption Of Program Year 2022–2023 Annual Action Plan For Community Development Block Grant And HOME Fund Activities Recommendation: That Council:
A. Adopt the City’s Annual Action Plan for Program Year 2022–2023 for submittal to the U.S. Department of Housing and Urban Development (HUD); and
B. Authorize the City Administrator to sign all necessary documents to submit the City’s Annual Action Plan to HUD.
Action: Approved the recommendations (June 28, 2022, Council Agenda Report and any attachments).
12. Subject: License Agreement With Santa Barbara Masters Swimming Recommendation: That Council authorize the Parks and Recreation Director to execute the renewal of a two-year license agreement with Santa Barbara Masters Swimming for the use of Los Baños del Mar Swimming Pool.
Action: Approved the recommendation; Agreement No. 28,154 (June 28, 2022, Council Agenda Report and any attachments).
13. Subject: License Agreement With The Santa Barbara Swim Club Recommendation: That Council authorize the Parks and Recreation Director to execute the renewal of a two-year license agreement with the Santa Barbara Swim Club for the use of Los Baños del Mar Swimming Pool.
Action: Approved the recommendation; Agreement No. 28,155 (June 28, 2022, Council Agenda Report and any attachments).
14. Subject: Twelve35 Teen Center Lease With Santa Barbara Police Activities League (330.04)
06/28/2022 Santa Barbara City Council Minutes Page 6 of 15 Recommendation: That Council authorize the Parks and Recreation Director to renew a three-year lease agreement with the Santa Barbara Police Activities League (PAL) for the Twelve35 Teen Center, with an annual rent of one dollar peryear.
Action: Approved the recommendation; Agreement No. 28,156 (June 28, 2022, Council Agenda Report and any attachments).
15. Subject: Personal Services Agreement With iSurf, A California Corporation, For Provision Of Fiscal Year 2023 Youth Surf And Beach Camps (570.06) Recommendation: That Council authorize the Parks and Recreation Director to execute a personal services agreement with iSurf, a California Corporation, for the provision of Fiscal Year 2023 Youth Traveling Surf and Beach Camps, with compensation equal to 90% of the total basic fees collected for the camp and the total compensation estimated at $185,000 based on the projected number of camp participants.
Action: Approved the recommendation; Agreement No. 28,157 (June 28, 2022, Council Agenda Report and any attachments).
16. Subject: Agreement With Downtown Santa Barbara For Marketing And Promotions (550.1)
Recommendation: That Council authorize the Public Works Director to execute a one-year agreement in the amount of $310,000 with Downtown Organization of Santa Barbara, Inc., for marketing and promotions from July 1, 2022 through June 30, 2023.
Action: Approved the recommendation; Agreement No. 28,158 (June 28, 2022, Council Agenda Report and any attachments).
CONSENT PUBLIC HEARING
17. Subject: Adoption Of Resolution And Public Hearing Modifying The 2019 Management District Plan Of The Santa Barbara South Coast Tourism Business Improvement District
Recommendation: That Council:
A. Hold a final public hearing to modify the 2019 Santa Barbara South Coast Tourism Business Improvement Management District Plan and declare results of a majority protest proceeding; and
06/28/2022 Santa Barbara City Council Minutes Page 7 of 15 B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara modifying the 2019 Management District Plan of the Santa Barbara South Coast Tourism Marketing Business Improvement District.
Public Hearing opened: 2:00 p.m.
Public Hearing closed: 2:25 p.m.
Action: Approved the recommendation; Resolution No. 22-074 (June 28, 2022, Council Agenda Report and any attachments).
This concludes the Consent Calendar.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC WORKS DEPARTMENT
18. Subject: Downtown State Street Interim Operations Update Recommendation: That Council:
A. Receive an update report on State Street Interim Operations since the Economic Recovery Extension and Transition Ordinance was adopted in February 2022;
B. Direct Staff regarding resumption of parades;
C. Direct Staff regarding if and when State Street Promenade Businesses with in-street outdoor facilities, including the businesses located on the 400 and 1300 blocks of State Street shall be in portable configurations; and D. Direct staff to return with recommendations for revisions to the guidelines for outdoor business facilities on the State Street Promenade and the 400 and 1300 blocks of State Street including charging a usage fee (“rent”) for the privilege of placing outdoor business facilities, design standards, and frontage limitations.
Documents:
- June 28, 2022 report from the Public Works Director
- PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Interim Public Works Downtown Manager Jessica Grant, Police Chief Bernard Melekian, City Administrator Rebecca Bjork,
- Members of the Public: Gary Macdonald, Joe Weiland, Scott Wenz, Mary Arnoult, Robin Elander, Tori Granado, Bob Stout, David Bolton, Joyce Jetge, Richard Yates, Adrian Lopez, Kristen Miller, Nicole Miller, Jim Knell, 06/28/2022 Santa Barbara City Council Minutes Page 8 of 15 Sullivan Israel, James Marston, Karen Luckett, Tristen Miller, David Peszek, Patrick Casey.
Discussion:
- Councilmembers questions were answered.
Motion:
Councilmembers Sneddon/Harmon to continue outdoor dining facilities on State Street with the provision that any new structures be made portable; have the Master Planning Committee review circulation long-term; look at changing the date of the EERO; have ad hoc committee conduct more review of bicycles and e-bicycles in order to bring recommendations to council at a later date; have the ad hoc committee continue to work with parade boards and public safety staff to develop a plan for future parades and prioritize cleanliness and security.
Vote:
Majority roll call vote (Noes: Councilmembers Friedman, A. Gutierrez, Mayor Rowse)
COMMUNITY DEVELOPMENT DEPARTMENT
19. Subject: Interim Urgency Ordinance Limiting New Hotel Development Pending Completion Of The 2023 Housing Element
Recommendation: That Council adopt, by reading in full and by a four-fifths vote, an Interim Urgency Ordinance of the Council of the City of Santa Barbara Limiting the Development or Use of New Hotel Rooms Pending Adoption of the 2023 Housing Element.
Documents:
- June 28, 2022 report from the Community Development Director. - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: City Planner Renee Brooke, Assistant City Attorney Tava Ostrenger - Members of the Public: Kathy Jenega-Dykes, Max Mironov, Joe Andrulaitis Discussion:
- Councilmembers questions were answered
Motion:
06/28/2022 Santa Barbara City Council Minutes Page 9 of 15 Councilmembers Friedman/ Sneddon to approve the recommended action.
Vote:
No vote was held on this motion.
Motion:
Motion to direct the Clerk to read the Interim Urgency Ordinance in full.
Vote:
Motion failed (Noes: Councilmembers Jordan, A. Gutierrez, Mayor Rowse)
MAYOR AND COUNCIL REPORTS
20. Subject: Appointments To City Advisory Groups
Recommendation: That Council make appointments to the City’s Advisory Groups.
Documents:
- June 28, 2022 Council Agenda Report and any attachments.
Speakers:
- Staff: Deputy City Clerk Niko Lopez, City Clerk Services Manager Sarah Gorman
- Members of the Public: None
Arts Advisory Committee:
Nominees for Access Advisory Committee:
Councilmember Friedman nominated Darrel McNeill
Motion:
Councilmembers Jordan/Sneddon to appoint Darrel McNeill.
Vote:
Unanimous voice vote
Appointments:
Darrel McNeill was appointed to the Arts Advisory Committee for a term expiring December 31, 2025.
Building and Fire Code Board of Appeals
Councilmember Sneddon nominated James Marston, Elizabeth Sorgman Vote:
Unanimous voice vote
Appointments:
06/28/2022 Santa Barbara City Council Minutes Page 10 of 15 James Marston and Elizabeth Sorgman were appointed to the Building and Fire Code Board of Appeals. All for terms expiring June 30, 2026.
Central Coast Commission for Senior Citizens
Councilmember O. Gutierrez nominated E. Howard Green.
Vote:
Unanimous voice vote
Appointments:
E. Howard Green was appointed to the Central Coast Commission for Senior Citizens for a term expiring June 30, 2024.
Citizen’s Oversight Committee
Councilmember Friedman nominated Steve Epstein, Jarrett Gorin, Eric Grossman, Francis Peters.
Motion:
Councilmembers Friedman/Jordan to appoint Steve Epstein as a member of the Business Community, Jarrett Gorin as a qualified elector, Eric Grossman as a qualified elector, and Francis Peters as a qualified elector.
Vote:
Unanimous voice vote
Appointments: Steve Epstein was appointed to the Citizen’s Oversight Committee as a member of the business community. Jarrett Gorin, Eric Grossman, and Francis Peters were appointed to the Citizen’s Oversight Committee as qualified electors. All for terms expiring June 30, 2026.
Civil Service Commission
No one was appointed.
Community Development and Human Services Committee
Councilmember Jordan nominated Jennifer Lemberger, Robert Permut, Eric Grossman Vote:
Unanimous voice vote
06/28/2022 Santa Barbara City Council Minutes Page 11 of 15 Appointment:
Jennifer Lemberger was appointed was appointed to the Community Development and Human Services Committee as a representative of the Eastside Community, and Robert Permut was appointed to the Community Development and Human Services Committee as a representative of the Senior Community. All for a term expiring June 30, 2026.
Fire and Police Commission
Nominees for Fire and Police Commission:
Councilmember Sneddon nominated Louis Reynaud. Councilmember A. Gutierrez nominated John Thyne.
Vote:
- For Reynaud: Councilmembers Sneddon, Harmon, O. Gutierrez, Jordan, Friedman, Mayor Rowse
- For Thyne: Councilmember A. Gutierrez
Appointments:
Louis Reynaud was appointed to the Fire and Police Commission, for a term expiring December 31, 2022.
Historic Landmarks Commission
Motion:
Councilmembers A. Gutierrez to appoint Cassandra Ensberg.
Vote:
Unanimous voice vote.
Appointment:
Cassandra Ensberg was appointed to the Historic Landmarks Commission for a term expiring June 30, 2026.
Housing Authority Commission
Nominees for Housing Authority Commission:
Councilmember A. Gutierrez nominated Lucille Boss. Kristen Sneddon nominated Esvin Almengore, Mary Fenger, Lucille Boss.
Motion:
Councilmembers Jordan/Friedman to appoint Lucille Boss as a member of the public atlarge, Esvin Alemengore as a tenant member, and Mary Fenger as a senior tenant member.
Vote:
06/28/2022 Santa Barbara City Council Minutes Page 12 of 15 Unanimous voice vote.
Appointments:
Lucille Boss was appointed to the Housing Authority Commission as a member of the public at-large with a term end date of June 30, 2026. Esvin Almengor was appointed to the Housing Authority Commission as a tenant member, and Mary Fenger to the Housing Authority Commission as a senior tenant member, both for terms expiring June 30, 2024.
Living Wage Advisory Committee
Nominees for Living Wage Advisory Committee:
Councilmember Jordan nominated Allen Williams. Councilmember Sneddon nominated Sara Kamali.
Motion:
Councilmembers Jordan to appoint Allen Williams as an owner/manager of a business, and Councilmember Sneddon nominated Sara Kamali as public at-large.
Vote:
Unanimous voice vote.
Appointment:
Allen Williams was appointed to the Living Wage Advisory Committee as an owner/manager of a business. Sara Kamali was appointed to the Living Wage Advisory Committee as public at-large. All for terms expiring June 30, 2026.
Measure P Committee
No one was appointed.
Neighborhood Advisory Council
Nominees for Neighborhood Advisory Council:
Councilmember A. Gutierrez nominated Alexandra Brieske and Sarah Rothschild Motion:
Councilmembers A. Gutierrez/Jordan to appoint Alexandra Brieske as public at-large, Sara Kamali as public at-large, and to authorize the City Clerk to determine term enddates by lot.
Vote:
Unanimous voice vote.
Appointment:
06/28/2022 Santa Barbara City Council Minutes Page 13 of 15 Alexandra Brieske was appointed to the Neighborhood Advisory Council as public atlarge for term expiring December 31, 2023. Sarah Rothschild was appointed to the Neighborhood Advisory Council as public at-large for term expiring December 31, 2025.
Rental Housing Mediation Board
Nominees for Living Rental Housing Mediation Board:
Councilmember A. Gutierrez nominated Teresa Patino. Councilmember Jordan nominated Cindy McCann. Councilmember Sneddon nominated John Beardsmore, Kerry Bentz, and Teresa Patino.
Motion:
Councilmembers Jordan to appoint John Beardsmore, Kerry Bentz, Teresa Patino, and Cindy McCann.
Vote:
Unanimous voice vote.
Appointment:
John Beardsmore, Kerry Bentz, and Teresa Patino were appointed to the Rental Housing Mediation Board as landlords, all with term end dates of December 31, 2023.
Cindy McCann was appointed to the Rental Housing Mediation Board as a homeowner, with a term end date of December 31, 2024.
Santa Barbara Youth Council
Nominees for Santa Barbara Youth Council:
Councilmember Jordan nominates Tiago Eckstein, Anastasia Li, Clara Stump, Emie Valle, Rio Valle
Motion:
Councilmembers Jordan to appoint Tiago Eckstein, Anastasia Li, Clara Stump, Emie Valle, Rio Valle, and to authorize the Clerk’s Office to move one qualified local private high school candidate to public at-large.
Vote:
Unanimous voice vote.
Appointment:
Tiago Eckstein, Anastasia Li, and Clara Stump were appointed to the Santa Barbara Youth Council as representatives of the Santa Barbara Unified School District. Rio Valle was appointed to the Santa Barbara Youth Council as a representative of a local private high school. Emie Valle was appointed to the Santa Barbara Youth Council as a representative of the public at-large. All with a term end date of June 30, 2024. 06/28/2022 Santa Barbara City Council Minutes Page 14 of 15 Single Family Design Board
Nominees for Santa Barbara Youth Council:
Councilmember Sneddon nominated Lauralee Anderson.
Motion:
Councilmembers Jordan/Friedman to appoint Lauralee Anderson, and to authorize the Clerk’s Office to set the term end date to June 30, 2026.
Vote:
Unanimous voice vote.
Appointment:
Lauralee Anderson was appointed to the Single Family Design Board as a licensed architect for a term expiring June 30, 2026.
Transportation and Circulation Committee
Nominees for Transportation and Circulation Committee:
Councilmember Jordan nominated Sarah Siedschlag. Councilmember Friedman nominated Conrad Metzenberg.
Motion:
Councilmembers Jordan/Friedman to appoint Lauralee Anderson, and to authorize the Clerk’s Office to set the term end date to June 30, 2026.
Vote:
- For Siedschlag: Councilmembers O. Gutierrez, Jordan, A. Gutierrez, Sneddon, Harmon, Mayor Rowse
- For Metzenberg; Councilmember Friedman
Appointment:
Sarah Siedschlag was appointed to the Transportation and Circulation Committee as a qualified elector for a term expiring December 31, 2024.
Action: Approved the recommendation (June 28, 2022, Council Agenda Report and any attachments).
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance or made the following comment(s): 1. Attended the Solstice Parade; 2. Police ride-along 06/28/2022 Santa Barbara City Council Minutes Page 15 of 15 Councilmember Sneddon reported on their attendance or made the following comment(s): 1. Attended the Cachuma Operations and Maintenance Board meeting
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Rowse adjourned the meeting at 6:35 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on July 19, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
08/30/2022 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
AUGUST 30, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:00 a.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez (11:03 AM), Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.
Councilmembers absent: Alejandra Gutierrez.
Staff present: City Administrator Rebecca Bjork, Assistant City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CLOSED SESSION
Subject: Police Chief Appointment (440.05)
Recommendation: That Council hold a closed session, pursuant to California Government Code Section 54957, to consider approval of appointment of the Police Chief.
Document:
- August 30, 2022, report from City Administrator
Time:
- 11:02 a.m. – 11:17 a.m.
A report is expected to be made at the August 30, 2022 Regular Meeting at 2:00 p.m.
08/30/2022 Santa Barbara City Council Minutes Page 2 of 2
ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:17 a.m.
Approved and adopted by the City Council of the City of Santa Barbara on September 27, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
1 ORDINANCE NO.____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA APPROVING A LOAN AGREEMENT
TO THE HOUSING AUTHORITY OF THE CITY OF
SANTA BARBARA, IN THE AMOUNT OF $940,000 TO BE
SECURED BY A DEED OF TRUST FOR THE
ACQUISITION OF PROPERTY LOCATED AT 602 AND
619 KENTIA AVENUE, AND THE AFFORDABILITY
CONTROL COVENANT IMPOSED ON REAL
PROPERTY, AND AUTHORIZE THE COMMUNITY
DEVELOPMENT DIRECTOR TO EXECUTE SUCH
AGREEMENTS AND RELATED DOCUMENTS, AS
NECESSARY
WHEREAS, Housing Authority (“Owner”) is acquiring real property commonly known as 602 and 619 Kentia Avenue in the City of Santa Barbara ("Property); and WHEREAS, by minute action on September 20, 2022, the City Council approved a 30-year loan in the amount of Nine Hundred Forty Thousand Dollars ($940,000) from the Affordable Housing Fund (“City Loan”); and
WHEREAS, in exchange for the City Loan, Owner and City agree to record an Affordability Control Covenant imposed on Real Property restricting the rental of the Property to low-income residents (“Covenant”) for a total of ninety (90) years to comply with the City’s Affordable Housing Policies and Procedures; and WHEREAS, on September 20, 2022, the City Council, introduced and subsequently adopted an ordinance approving the City Loan, Deed of Trust and Covenant; and
WHEREAS, the City Loan is secured by the Deed of Trust recorded in the Office of the County Recorder on ________, 2022, as Instrument No. __________________of official records for the purpose of securing Owner’s obligations under the City Loan; and WHEREAS, Owner agrees to comply with Covenant recorded in the Office of the County Recorder on _________, 2022, as Instrument No. ____________ of official records.
Agenda Item No. 3
File Code No. 660.04
2 THE COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, an Ordinance of the Council of the City of Santa Barbara approving the City Loan, Deed of Trust and Covenant is hereby approved.
ORDINANCE NO. ___________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
BARBARA APPROVING AN AMENDED AND RESTATED
POWER PURCHASE AND LICENSE AGREEMENT FOR THE
COGENERATION PLANT AT THE EL ESTERO WATER
RESOURCES CENTER BETWEEN THE CITY AND
CALIFORNIA POWER PARTNERS
The City Council of the City of Santa Barbara does ordain as follows:
Section 1. The Amended and Restated Power Purchase and License Agreement for the Cogeneration Plant at the El Estero Water Resource Center between the City and California Power Partners, a copy of which is on file with the Sustainability and Resilience Department, is approved. The Sustainability and Resilience Director is authorized to execute the agreement, substantially in the form on file and as approved by the City Attorney.
Agenda Item No. 4
File Code No. 630.02
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: September 27, 2022
TO: Mayor and Councilmembers
FROM: City Clerk’s Office, City Administrator
SUBJECT: Update of the City’s Conflict of Interest Code [Resolution] RECOMMENDATION:
That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the Conflict of Interest Code of the City of Santa Barbara to Incorporate by Reference the Fair Political Practices Commission’s Model Code and Rescinding Resolution 19-094.
DISCUSSION:
The California Political Reform Act requires that cities review their Conflict of Interest Code biennially and submit any changes to the City Council by December of evennumbered years. The Code lists the positions that have been designated to file the Statement of Economic Interest (Form 700) annually and upon assuming or leaving the position. Exhibit A of the recommended Resolution updates the list of designated positions. Attached is a summary of the changes. Those changes include renaming positions, changing disclosure categories for existing positions, adding new positions, deleting previously listed positions, and changing the designated department for three Advisory Groups.
The proposed Resolution will become effective January 1, 2023.
FINANCIAL/BUDGET IMPACT:
There are no financial or budgetary impacts with adopting this resolution.
ATTACHMENT: Summary of Changes
PREPARED BY: Yazmin Dominguez, Deputy City Clerk
SUBMITTED BY: Rebecca Bjork, City Administrator
Agenda Item No. 5
File Code No. 110.04
Council Agenda Report
Update of the City’s Conflict of Interest Code [Resolution] September 27, 2022
APPROVED BY: City Administrator's Office
ATTACHMENT
1 SUMMARY OF CHANGES TO EXHIBIT A
ADVISORY GROUP TRANSFERRED TO NEW DEPARTMENT
Title From Department To Department
Arts Advisory Committee City Administrator Library
Community Events and Festivals CommitteeCity Administrator Library Civil Service Commission Administrative Services Human Resources
REVISED JOB TITLE
New Title Prior Title Department
Facilities & Fleet Manager Facilities & Energy Manager Public Works Police Commander Police Captain Police
Payroll & Accounts Payable Supervisor Payroll Supervisor Finance Fire Marshal/Battalion Chief Fire Prevention Division Chief Fire Rental Housing Mediation Supervisor Senior Rental Housing Mediation Specialist
Community Development
DELETED POSITIONS FROM PREVIOUS CODE
Title Department
Administrative Services Director Administrative Services City Clerk Services Manager Administrative Services
Human Resources Analyst I/II Administrative Services
Human Resources Manager Administrative Services
Information Technology Manager Administrative Services
Information Technology Supervisor Administrative Services Senior Human Resources Analyst Administrative Services
Administrative Analyst II Administrative Services
Administrative Analyst City Administrator
Transportation Planning & Parking Manager Public Works
Maintenance Supervisor II Waterfront
Administrative Analyst I Waterfront
Police Public Engagement Manager Police
Billing Supervisor Finance
Environmental Services Manager Finance
ATTACHMENT
2 Treasury Manager Finance
Administrative Analyst Library
Senior Librarian Library
Supervising Librarian Library
Housing Project Planner Community Development
Senior Community Development Program Specialist Community Development
POSITIONS WITH CHANGES TO DISCLOSURE CATEGORIES
Title/Department Previous
Category
New Category
Facilities & Fleet Manager/Public Works 3, 5 1, 2
Water Resources Manager/Public Works 2, 4, 6 1, 2
Emergency Services Manager/Fire 1, 2, 5, 6 1, 2
POSITIONS ADDED TO CONFLICT OF INTEREST CODE
Title/Department Disclosure Category
Community Engagement Officer/PIO Manager/City Administrator 1, 2 City Clerk Services Manager/City Administrator 1, 2
Public Works Downtown Team Manager/Public Works 1, 2
Administrative Analyst II/Waterfront 3, 6
Maintenance Coordinator/Waterfront 3, 6
Police Sergeants/Police 6
Police Business Administration Analyst/Police 3, 6
Police Equipment and Range Technician/Police 6
Police Combined Communications Manager/Police 6
Police Network Administrator/Police 6
Police Senior Network Applications Analyst/Police 6
Police Applications Analyst/Police 6
Information Technology Director/Information Technology 1, 2 Information Technology Manger/Information Technology 1, 2 Information Technology Supervisor/Information Technology 1, 2 Energy and Climate Analyst II/Sustainability and Resilience 1, 2 Environmental Specialists I/II/Sustainability and Resilience 3, 4, 6 Environmental Services Manager/Sustainability and Resilience 1, 2 Energy and Climate Manager/Sustainability and Resilience 1, 2
ATTACHMENT
3 Sustainability and Resilience Director/Sustainability and Resilience 1, 2 Finance Analyst II/Sustainability and Resilience 3, 6
Environmental Services Supervisor/Sustainability and Resilience 1, 2 Law Practice Administrator/City Attorney 6
Project Engineer I/Parks and Recreation 3, 4, 6
Economic Development Manager/Community Development 1, 2, 3, 4, 5, 6 State Street Master Planner/Community Development 1, 2, 3, 4, 5, 6 Administrative Analyst/Community Development 1, 2
Finance Analyst I/II/Finance 1, 2
Risk Analyst I/II/Finance 1, 2
Human Resource Director/Human Resources 1, 2
Human Resource Analyst I/II/Human Resources 1, 2
Human Resources Manager/Human Resources 1, 2
Labor Relations Manager/Human Resources 1, 2
Senior Human Resources Analyst/Human Resources 1, 2
Capital Project Manager/Airport 1, 2
Marketing Supervisor/Airport 3, 4, 6
Marketing Coordinator/Airport 3, 4, 6
1 RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA ADOPTING THE CONFLICT OF
INTEREST CODE OF THE CITY OF SANTA BARBARA TO
INCORPORATE BY REFERENCE THE FAIR POLITICAL
PRACTICES COMMISSION'S MODEL CODE AND
RESCINDING RESOLUTION 19-094
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, Title 2, Division 6 of the California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code, which may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act, and which can be incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA AS FOLLOWS:
SECTION 1. The terms of Title 2, Division 6 of the California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, incorporated herein by reference, along with the attached "Exhibit A" in which members and employees are designated, and "Exhibit B" in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Santa Barbara.
SECTION 2. The City Clerk is the filing official for the Mayor, Councilmembers, City Administrator, City Attorney, and Planning Commissioners. For the persons holding these positions, the City Clerk accepts the filing, retains a copy, and forwards the original to the Fair Political Practices Commission in Sacramento. For all other persons holding designated positions, the City Clerk is the filing officer and retains the statements. The City Clerk will make the statements available for public inspection and reproduction (Government Code Section 81008).
SECTION 3. This resolution shall take effect January 1, 2023, and rescinds Resolution 19-094.
2 EXHIBIT A
LIST OF DESIGNATED POSITIONS
CONFLICT OF INTEREST CODE
POSITION DISCLOSURE
CATEGORY
Councilmembers As required by
State law
City Administrator/ City Clerk/ City Treasurer As required by State law
City Attorney As required by
State law
Planning Commission Members As required by
State law
Acting Positions Subject to the same
disclosure requirements as
the positions in which the
person is “acting.”
Consultant* 1, 2
It has been determined that the following
positions manage public investments and
will file the Form 700 Statement of Economic
Interests with the City Clerk,
who will retain the statements:
Finance Director As required by
State law
* Disclosure required by consultants as defined in FPPC Regulation 18700.3 shall be determined on a case-by-case basis by the City Administrator or Department Head responsible for oversight of the assignment, subject to approval by the City Attorney. The determination shall be in writing and include a description of the consultant's duties, and, based upon that description, a statement of the extent of the disclosure requirements.
Consultants generally will disclose financial interests in the same manner as is required for the designated position the duties of which are performed, in whole or in part, by the consultant. Each determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. The written determination may be made as a part of the contract pursuant to which the consultant provides services to the City.
3 DEPARTMENT DISCLOSURE
CATEGORY
Airport
Staff Positions:
Airport Business Development Manager 1, 2
Airport Business Development Supervisor 2, 3, 4, 6
Airport Director 1, 2
Airport Facilities Manager 3, 6
Airport Maintenance Coordinator 3, 6
Airport Maintenance Supervisor 6
Airport Operation Manager 1, 2
Airport Operation Supervisor 1, 2
Airport Patrol Supervisor 6
Capital Project Manager 1, 2
Custodial Supervisor 6
Marketing Supervisor 3, 4, 6
Marketing Coordinator 3, 4, 6
Project Planner 3, 4, 6
Property Management Specialist 2, 3, 4, 6
Senior Engineer Technician 3, 4, 6
Members of the following Advisory Group:
Airport Commission 1, 2
4 DEPARTMENT DISCLOSURE
CATEGORY
City Administrator
Staff Positions:
Assistant City Administrator 1, 2
Senior Assistant to the City Administrator 1, 2
City Clerk Services Manager 1, 2
Community Engagement Officer/PIO Manager 1, 2
City Attorney
Staff Positions:
Assistant City Attorney I/II/III/IV 1, 2
Deputy City Attorney 1, 2
Law Practice Administrator 6
Community Development
Staff Positions:
Administrative Analyst 1, 2
Administrative Analyst II 1, 2
Administrative/Clerical Supervisor 3, 4, 5
Assistant Planner 3, 4, 6
Associate Planner 3, 4, 6
Building Inspection/Plan Check Supervisory 1, 2
Building Inspector 1, 2
Building Permit Technician 1, 2
Chief Building Official 1, 2
City Planner 1, 2
Community Development Business Manager 1, 2
Community Development Director 1, 2
5 DEPARTMENT DISCLOSURE
CATEGORY
Community Development (continued)
Community Development Programs Specialist 3, 4, 5
Economic Development Manager 1, 2, 3, 4, 5, 6
Housing and Human Services Manager 1, 2
Housing Programs Specialist 1, 2
Planning Technician I/II 3, 4, 6
Plans Examiner 1, 2
Principal Planner 1, 2
Project Planner 1, 2
Senior Building Inspector 1, 2
Senior Plan Check Engineer 1, 2
Senior Planner I/II 1, 2
Senior Plans Examiner 1, 2
Rental Housing Mediation Supervisor 2, 5
State Street Master Planner 1, 2, 3, 4, 5, 6
Members of the following Advisory Group:
Architectural Board of Review 1, 2
Building and Fire Code Board of Appeals 1, 2
Community Development and Human Services Committee 1, 2 Historic Landmarks Commission 1, 2
Sign Committee 1, 2
Single Family Design Board 1, 2
6 DEPARTMENT DISCLOSURE
CATEGORY
Finance
Staff Positions:
Accounting Manager 1
Accounting Supervisor 1
Budget Manager 1
Buyer I/II 1
Finance Analyst I/II 1, 2
Finance & Treasury Manager 1
Finance Supervisor 1
General Services Manager 1
Payroll & Accounts Payable Supervisor 1
Purchasing Supervisor 1
Risk Analyst I/II 1, 2
Risk Manager 1
Members of the following Advisory Group:
Citizens’ Oversight Committee 1, 2
Living Wage Advisory Committee 1, 2
Fire
Staff Positions:
Emergency Services Manager 1, 2
Fire Battalion Chief 2, 3, 6
Fire Business Manager 2, 3, 6
Fire Chief 1, 2
Fire Inspector I/II/III 2, 3, 6
Fire Operations Division Chief 1, 2
Fire Marshal/Battalion Chief 1, 2
7 DEPARTMENT DISCLOSURE
CATEGORY
Human Resources
Staff Positions:
Human Resource Director 1, 2
Human Resource Analyst I/II 1, 2
Human Resources Manager 1, 2
Labor Relations Manager 1, 2
Senior Human Resources Analyst 1, 2
Members of the following Advisory Group:
Civil Service Commission 1, 2
Information Technology
Staff Positions:
Information Technology Director 1, 2
Information Technology Manager 1, 2
Information Technology Supervisor 1, 2
Library
Staff Positions:
Library Director 1, 2
Library Services Manager 1, 2
Members of the following Advisory Group:
Arts Advisory Committee 1, 2
Community Events and Festivals Committee 1, 2
Parks and Recreation
Staff Positions:
Administrative Analyst I/II 3, 6
8 DEPARTMENT DISCLOSURE
CATEGORY
Parks and Recreation (Continued)
Administrative Assistant 3, 6
Assistant Parks and Recreation Director 1, 2
Associate Planner 3, 4, 6
Creeks Restoration/Clean Water Manager 3, 4, 6
Creeks Supervisor 3, 4, 6
Parks and Recreation Business Manager 3, 6
Parks and Recreation Director 1, 2
Parks Capital Project Supervisor 3, 4, 6
Parks Manager 1, 2
Parks Superintendent 3, 6
Project Engineer I 3, 4, 6
Project Planner 3, 4, 6
Recreation Programs Manager 3, 6
Senior Recreation Supervisor 6
Urban Forest Superintendent 6
Water Quality Research Analyst 3, 6
Members of the following Advisory Group:
Creeks Advisory Committee 1, 2
Parks and Recreation Commission 1, 2
Police
Staff Positions:
Police Lieutenant 3, 6
Police Commander 3, 6
Police Chief 1, 2
9 DEPARTMENT DISCLOSURE
CATEGORY
Police (Continued)
Police Information Technology Manager 3, 6
Police Records Manager 3, 6
Police Business Manager 3, 6
Police Sergeants 6
Police Business Administration Analyst 3, 6
Police Equipment and Range Technician 6
Police Combined Communications Manager 6
Police Network Administrator 6
Police Senior Network Applications Analyst 6
Police Applications Analyst 6
Members of the following Advisory Group:
Fire and Police Commission 1, 2
Public Works
Staff Positions:
Administrative Analyst I/II/III 3, 6
Associate Transportation Planner 3, 4, 6
City Engineer 1, 2
Custodial Supervisor 5
Downtown Plaza & Parking Manager 3, 4, 6
Electronic/Communication Supervisor 5
Facilities & Fleet Manager 1, 2
Facilities Maintenance Supervisor 6
Maintenance Supervisor I/II 6
10 DEPARTMENT DISCLOSURE
CATEGORY
Public Works (Continued)
Principal Engineer 1, 2
Principal Project Manager 1, 2
Principal Traffic Engineer 1, 2
Project Engineer I/II 3, 4, 6
Project Planner 1, 2
Public Works Business Manager 3, 4, 6
Public Works Director 1, 2
Public Works Downtown Team Manager 1, 2
Public Works Inspector II 3, 4
Senior Engineering Technician 3, 4, 6
Senior Planner I 4
Senior Public Works Inspector 3, 4
Senior Real Property Agent 2, 4, 6
Streets Operation & Infrastructure Manager 1, 2
Supervising Engineer 3, 4, 5
Supervising Transportation Engineer 3, 4, 6
Supervising Transportation Planner 1, 2
Water Resources Specialist – Unclassified 6
Water Conservation Supervisor 4, 6
Water Distribution Superintendent 2, 4, 6
Water Resources Manager 1, 2
Water Resources Specialist 4, 6
Water System Manager 2, 4, 6
Water Treatment Superintendent 2, 4, 6
11 DEPARTMENT DISCLOSURE
CATEGORY
Public Works (Continued)
Wastewater Collection System Superintendent 2, 4, 6
Wastewater System Manager 3, 6
Wastewater Treatment Superintendent 2, 4, 6
Members of the following Advisory Group:
Downtown Parking Committee 1, 2
Transportation and Circulation Committee 1, 2
Water Commission 1, 2
Sustainability and Resilience
Staff Positions:
Energy and Climate Analyst II 1, 2
Environmental Services Manager 1, 2
Environmental Specialists I/II 3, 4, 6
Energy and Climate Manager 1, 2
Environmental Services Supervisor 1, 2
Finance Analyst II 3, 6
Sustainability and Resilience Director 1, 2
Waterfront
Staff Positions:
Administrative Analyst II 3, 6
Administrative Supervisor 3, 6
Billing Supervisor 3, 6
Harbor Operations Manager 3, 6
Harbor Patrol Supervisor 3, 6
Maintenance Coordinator 3, 6
12 DEPARTMENT DISCLOSURE
CATEGORY
Waterfront (Continued)
Senior Property Management Specialist 2, 3, 4, 6
Waterfront Business Manager 2, 3, 4 ,6
Waterfront Director/Harbormaster 1, 2
Waterfront Facilities Manager 3, 6
Waterfront Maintenance Superintendent 3, 6
Waterfront Parking Supervisor 3, 6
Members of the following Advisory Group:
Harbor Commission 1, 2
13 EXHIBIT B
CITY OF SANTA BARBARA
DISCLOSURE CATEGORIES
General Provisions
When a designated employee or individual is required to disclose investments, business positions and sources of income, he or she need only disclose investments in business entities and sources of income which do business in the City, plan to do business in the City or have done business in the City within the past two (2) years. In addition to other activities, a business entity is doing business within the City if it owns real property within the City. When a designated employee or individual is required to disclose real property he or she need only disclose that which is located in whole or part within or not more than two (2) miles outside the boundaries of the City or within two (2) miles of any land owned or used by the City. Designated employees or individuals shall disclose their financial interest pursuant to the appropriate disclosure categories as indicated in "ExhibitA". Disclosure Categories Category 1:
Category 2:
Category 3:
Category 4:
Category 5:
Category 6:
All investments, business positions and sources of income. See Schedules A-1, A-2, B, C, D, and E to the Statement of Economic Interests. All interests in real property. See Schedule B. All investments, business positions, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department. See Schedules A-1, A-2, B, C, D, and E.
Investments in business entities and sources of income which engage in land development, construction or the acquisition of real property. See Schedules A-1, A-2, B, C, D, and E.
Investments in business entities and sources of income of the type which contracts with the City to provide services, supplies, materials, machinery or equipment to any City department. See Schedules A- 1, A-2, B, C, D, and E.
Investments in business entities and sources of income of the type which contracts with the City to provide to the designated employee's department services, supplies, materials, machinery or equipment. See Schedules A-1, A-2, B, C, D, and E.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: September 27, 2022
TO: Mayor and Councilmembers
FROM: Parks Division, Parks and Recreation Department
SUBJECT: Donation for the Installation of Bottle Filling Stations from El Gato Channel Foundation at Stevens Park and Oak Park [Resolution] RECOMMENDATION: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to increase revenue and expenditure appropriations by $20,000 in the Parks and Recreation Department Fiscal Year 2023 Miscellaneous Grants Fund for installation of bottle filling stations in Stevens Park and Oak Park; and B. Accept a donation from the Community Environmental Council of two water bottle filling stations valued at approximately $20,000.
DISCUSSION:
In April of 2022, the Community Environmental Council (CEC) contacted the Parks and Recreation Department (Department) to coordinate the donation of two water bottle filling stations from the El Gato Channel Foundation. In Stevens Park a new drinking fountain will be installed, and in Oak Park an existing drinking fountain will be replaced. The bottle filling stations are equipped with a water bottle filler, a traditional drinking fountain, and a pet fountain. Staff worked with CEC to select locations that are heavily used and would have broad benefit to the community. Stevens Park and Oak Park are ideal locations based on heavy park usage and existing available infrastructure.
BUDGET/FINANCIAL INFORMATION:
The CEC donation will be appropriated to the Parks and Recreation Department Fiscal Year 2023 Miscellaneous Grants Fund. The $20,000 donation will cover the cost of installation of the two bottle filling stations. Maintenance of the filling stations will be managed with existing Parks Division operating budget funds.
Agenda Item No. 6
File Code No. 570.05
Council Agenda Report
Donation for the Installation of Bottle Filling Stations from El Gato Channel Foundation at Stevens Park and Oak Park [Resolution]
September 27, 2022