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 Sarah J. Knecht
Acting City Attorney
Alejandra Gutierrez
Oscar Gutierrez
Mike Jordan
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
OCTOBER 11, 2022, 2:00 PM
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 p.m. 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. 10/11/2022 Santa Barbara City Council Final Agenda Page 1 OCTOBER 11, 2022 AGENDA
SPECIAL ORDINANCE COMMITTEE MEETING - 11:30 A.M. IN THE COUNCIL CHAMBER (120.03)
1. Subject: 2022 California Building and Fire Codes Adoption (640.04) Recommendation: That Ordinance Committee review and recommend for approval to the City Council an Ordinance amending Santa Barbara Municipal Code chapters 22.04, and 8.04, adopting by reference the 2022 California Building Standards Codes and the 2022 Fire Code, Parts 1–12, certain appendices of each of those codes, adopting local amendments to those codes, and repealing Ordinances 5919 and 5779.
2. Subject: Single Family Design Board Membership Criteria and Quorum Requirements (Continuation of October 4, 2022 Ordinance Committee Meeting) (640.03)
Recommendation: That the Ordinance Committee consider and recommend that Council amend Santa Barbara Municipal Code Section 22.69.010 to revise the membership of the Single Family Design Board.
https://santabarbaracagov.zoom.us/j/84203678470?pwd=cE9ETHpRemZMOFBVaE5BZ09mS1ZBQT09 10/11/2022 Santa Barbara City Council Final Agenda Page 2 REGULAR CITY COUNCIL MEETING – 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Fire Prevention Week October 9-15, 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 meetings of December 7, 2021; and September 20, 2022; and the special meetings of September 20, 2022 and September 27, 2022.
3. Subject: 2022-2025 Firefighters’ Association Bargaining Unit Memorandum of Understanding [Ordinance Adoption] (440.03)
Recommendation: That Council ratify the Memorandum of Understanding between the City and the Santa Barbara Firefighters’ Association by adoption of, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2022-2025 Memorandum of Understanding Between the City of Santa Barbara and the Santa Barbara City Firefighters’ Association.
4. Subject: 2022-2025 Police Officer’s Association Bargaining Unit Memorandum of Understanding [Ordinance Adoption] (440.03) Recommendation: That Council ratify the Memorandum of Understanding between the City and the Santa Barbara Police Officers’ Association by adoption of, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Adopting A Memorandum of Understanding Between the City of Santa Barbara and the Santa Barbara Police Officers Association for the period of July 1, 2022 through June 30, 2025.
10/11/2022 Santa Barbara City Council Final Agenda Page 3
5. Subject: Grant Funding for the Plaza Del Mar Band Shell Renovation Project [Resolution] (570.05)
Recommendation: That Council 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 $233,452 in the Parks and Recreation Department Fiscal Year 2023 Capital Outlay Fund for the Plaza Del Mar Band Shell Renovation Project.
Funds were received from the California Department of Parks and Recreation, Santa Barbara Foundation, Ann Jackson Family Foundation, Alice Tweek Tuohy Foundation, Santa Barbara Beautiful, and private donors.
6. Subject: Authorization to Submit State Revolving Fund Loan Application for the Cater Reservoir Resiliency Project [Resolutions] (540.1) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing Filing a Financial Assistance Application for a Financing Agreement from the State Water Resources Control Board for the Planning, Design, and Construction of the Cater Reservoir Resiliency Project;
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring its Official Intent to Reimburse Capital Expenditures Paid Prior to the Approval by the State Water Resources Control Board of a Drinking Water State Revolving Fund Installment Agreement for the Cater Reservoir Resiliency Project; and C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Dedicating and Pledging the Water Fund Net System Revenue to Payment of Any and All Drinking Water State Revolving Fund Financing for the Cater Reservoir Resiliency Project.
7. Subject: Final Design of Mission Creek Restoration Project at Oak Park [Agreement] (530.03)
Recommendation: That Council authorize the Parks and Recreation Director to execute a Professional Services Agreement with Waterways Consulting, Inc. in the amount of $140,869 to prepare final design plans for the Mission Creek Restoration Project at Oak Park, and approve expenditures in the amount of $14,086 to cover extra services resulting from changes in the scope of work. 10/11/2022 Santa Barbara City Council Final Agenda Page 4
8. Subject: Extension to Agreement with Foster & Foster Consulting Actuaries, Inc., for Actuarial Services for Required Financial Reporting of Various Benefits [Agreement] (210.01)
Recommendation: That Council authorize the Finance Director to approve and execute a professional services agreement extension with Foster & Foster Consulting Actuaries, Inc., to perform actuarial services in connection with the City’s Post-Retirement Health Benefits, Sick Leave Benefits, and Article XV and XVA Safety Retirement Plans covering Fiscal Years 2022 and 2023, in an amount of $39,100 for a new not to exceed amount of $85,000.
9. Subject: Hope Avenue Well Site Lease Agreement Renewal [Agreement] (540.06)
Recommendation: That Council approve and authorize the Public Works Director to execute a Sixth Amendment to Lease Agreement No. 17,408, between the City and the Channel Islands Young Men’s Christian Association, to extend the term of the lease from November 01, 2022 to October 31, 2032, subject to early termination upon one year notice, and to adjust the annual rental amount.
10. Subject: Hydraulic Modeling to Update the Wastewater Collection System Infiltration and Inflow Study [Agreement] (540.13)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with Water Systems Consulting, Inc. in the amount of $64,135 for wastewater collection system hydraulic modeling services, and authorize the Public Works Director to approve expenditures of up to $6,420 for extra services that may result from necessary changes in the scope of work.
11. Subject: Approval of Minimum Standard Requirements for Aeronautical Activities at the Santa Barbara Municipal Airport (560.02) Recommendation: That Council adopt the updated Minimum Standard Requirements for Aeronautical Activities at the Santa Barbara Municipal Airport.
12. Subject: Personal Protective Equipment Standardization for the Fire Operations Division (520.03)
Recommendation: That Council approve Lion personal protection turnout gear as a sole source vendor for the Fire Operations Division during the next five-year period, in accordance with Section 4.52.070 (k) of the Municipal Code.
This concludes the Consent Calendar.
10/11/2022 Santa Barbara City Council Final Agenda Page 5
REPORT FROM THE ORDINANCE COMMITTEE
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
CITY ADMINISTRATOR
13. Subject: Ordinance to Assign Additional Civilian Police Oversight Duties to the Board of Fire and Police Commissioners [Ordinance Introduction] (520.01)
Recommendation: That Council:
A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara amending the Municipal Code by adding Chapter 2.09 to assign additional civilian police oversight duties to the Board of Fire and Police Commissioners; and
B. Authorize and direct the City Clerk's Office to accept applications through Thursday, November 10, 2022 at 5:00 p.m. for the special recruitment of five members to the Fire and Police Commission.
COMMUNITY DEVELOPMENT DEPARTMENT
14. Subject: Agreements for Fiscal Year 2023 with People Assisting the Homeless ($202,100) and Santa Barbara Alliance for Community Transformation ($200,000) [Agreements] (660.04)
Recommendation: That Council:
A. Authorize the Community Development Director to negotiate and execute, subject to approval as to form by the City Attorney, a funding agreement in the amount of $202,100 with People Assisting the Homeless (PATH), for the operation of a homeless shelter and related services; B. Authorize the Community Development Director to execute a funding agreement in the amount of $100,000 with the Santa Barbara Alliance for Community Transformation (SB ACT) to facilitate a community collaborative on homelessness; and
C. Authorize the Community Development Director to execute a funding agreement in the amount of $100,000 with the Santa Barbara Alliance for Community Transformation (SB ACT) to operate Neighborhood Navigation Centers.
10/11/2022 Santa Barbara City Council Final Agenda Page 6
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE MEETING
SPECIAL MEETING AGENDA
DATE: October 11, 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
Sarah J. Knecht
Acting City Attorney
Members of the public may participate in person or via Zoom. Zoom instructions are below.
Please click the link below to join the webinar:
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Or One tap mobile :
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Webinar ID: 842 0367 8470
International numbers available: https://santabarbaraca-gov.zoom.us/u/kbggu2Fp2C 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.
Ordinance Committee Agenda
October 11, 2022
ITEMS FOR CONSIDERATION
1. SUBJECT: 2022 California Building and Fire Codes Adoption RECOMMENDATION: That Ordinance Committee review and recommend for approval to the City Council an Ordinance amending Santa Barbara Municipal Code chapters 22.04, and
8.04, adopting by reference the 2022 California Building Standards Codes including the 2022 Fire Code, Parts 1–12, and certain appendices of those codes, and adopting local amendments to those codes, and repealing Ordinance Numbers 5919 and 5779.
2. SUBJECT: Single Family Design Board Membership Criteria and Quorum Requirements (Continuation of October 4, 2022 Ordinance Committee Meeting) RECOMMENDATION: That Ordinance Committee consider and recommend that Council amend Santa Barbara Municipal Code Section 22.69.010 to Revise the Membership of the Single Family Design Board.
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: October 11, 2022
TO: Ordinance Committee
FROM: Building and Safety Division, Community Development Department Fire Prevention Bureau, Fire Department
SUBJECT: 2022 California Building and Fire Codes Adoption RECOMMENDATION:
That Ordinance Committee review and recommend for approval to the City Council an Ordinance amending Santa Barbara Municipal Code chapters 22.04, and 8.04, adopting by reference the 2022 California Building Standards Codes and the 2022 Fire Code, Parts 1– 12, certain appendices of each of those codes, adopting local amendments to those codes, and repealing Ordinances 5919 and 5779.
DISCUSSION:
The State of California adopts Building Standards Codes for uniform use throughout the State, a process that is facilitated by the State Building Standards Commission. Over the course of each adoption cycle, the State Building Standards Commission receives input from all state agencies, local enforcement officials, industry professionals, and the general public relative to the statewide implementation of the following codes:
2021 International Building Code and 2020 Residential Code published by the International Code Council;
2021 National Electrical Code published by the National Fire Protection Association;
2021 Plumbing Code and 2020 Mechanical Code published by the International Association of Plumbing and Mechanical Officials;
2021 editions of the Administrative Code, Existing Building Code, Energy Code, Historical Building Code, Green Building Code, and Referenced Standards published by the California Building Standards Commission; and 2021 International Fire Code.
After considering the input that has been received, these codes are then amended by the Building Standards Commission and adopted by the State under Title 24 of the California Agenda Item No. 1
File Code No. 640.04
Ordinance Committee Agenda Report
2022 California Building and Fire Codes Adoption
October 11, 2022
Code of Regulations, Parts 1–12. Part 9 is the California Fire Code. This year, the State Building Standards Commission completed amendments to the codes and published them on July 1, 2022. Local jurisdictions have 180 days to further amend them before they become law on January 1, 2023.
Attached to this report is a summary of the City’s Building Code Adoption History (Attachment 1). In 1954, the City stopped drafting building standards at the local level, and instead started adopting and amending regional, state, national, and international building standards. The draft Ordinance attached to this report represents the most recent cycle of building and fire codes standards proposed for amendment and adoption.
As in the past, local amendments to the code are kept to a minimum and are designed to address situations based on specific local conditions and needs. The Building and Safety Division is proposing adoption of these codes in conjunction with the City Fire Department. This coordinated approach and jointly adopted sections allows for a smoother and user-friendly process that can be followed by the community.
Areas that affect the Building and Safety Division and the Fire Department are minor edits to the Building and Fire Board of Appeals procedures, Fire Protection Systems, and High Fire Hazard Area construction requirements. The adopted codes continue to incorporate administrative, climatic, geologic, and topographic amendments that promote safe, sustainable, and accessible development in the City of Santa Barbara.
In order to maintain compliance with the State Building Standards Codes and other state and local property-related regulations, the City also adopts regulations that enable the enforcement of these laws. Accordingly, included in the attached Ordinance is the recommend continued adoption of the 2021 Property Maintenance Code published by the International Code Council.
This code cycle, the Building and Safety Division is proposing the following new amendments from the 2019 code adoption:
Changing the requirement for a permit for draining at walls that are exempt from a permit;
Changing permit exemptions for residential retaining walls to include non-retaining walls including masonry and concrete free-standing walls; and Changing the number of required Board of Appeals members to have a Quorum from 5 to 4.
The attached Summary of Amendments (Attachment 2) encapsulates recommended amendments to these codes and standards.
This code cycle, the Fire Department is proposing the following new amendments from the 2019 code adoption:
Ordinance Committee Agenda Report
2022 California Building and Fire Codes Adoption
October 11, 2022
Changing the number of required Board of Appeals members to have a Quorum from 5 to 4.
Public Outreach
In August 2022, a brief survey was made available to the public and the City’s land development staff, soliciting suggestions for local construction code amendments. Over 50 responses were received. On September 7, 2022, City staff hosted an online public workshop to focus on the key themes of the survey results and answer questions.
Staff recommends that the Ordinance Committee forward the attached Ordinances to the City Council for introduction and approval. If the Ordinance Committee does so, the Ordinances will be presented to the City Council for introduction on November 8, 2022, and for hearing and approval on November 15, 2022. When approved by City Council, this Ordinance will go into effect in no less than 30 days after and no earlier than January 1, 2023.
SUSTAINABILITY IMPACT:
It has been determined that the proposed Ordinance is categorically exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15308. Section 15308 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.
ATTACHMENTS: 1. City’s Building Code Adoption History
2. Summary of Amendments to Construction Codes
3. Ordinance Adopting the 2022 California Building Standards Codes
4. Summary of Amendments to Fire Code
5. Ordinance Adopting the 2022 California Fire Code
PREPARED BY: Tina Dye, Chief Building Official
Ryan DiGuilio, Fire Marshall/Battalion Chief
SUBMITTED BY: Elias Isaacson, Community Development Director Chris Mailes, Fire Chief
APPROVED BY: City Administrator’s Office
City of Santa Barbara Building Code Adoption History
CITY’S BUILDING CODE ADOPTION HISTORY
(YEAR 1900 ONWARD)
Ordinance No. 355, adopted 11/9/1900:
An Ordinance Establishing a Fire District and Determining the Character of Buildings that May Be Erected Therein and the Nature of Materials to be Used in the Construction, Alteration and Repair of Such Buildings.
Ordinance No. 1234, adopted 4/23/1925:
An Ordinance Regulating and Classifying Building Within the City.
Ordinance No. 1264, adopted 8/27/1925:
An Ordinance Establishing Fire Districts and Regulating the Buildings Therein.
Ordinance No. 1278, adopted 12/17/1925
Adopted Building Code to Regulate the Construction, Erection, Enlargement, etc. of Buildings or Structures in the City.
Ordinance No. 1323, adopted 1/13/1927:
Regulated types of construction, maintenance, use and occupancy of buildings in the fire districts of the City.
Ordinance No. 2077, adopted 4/18/1946:
Regulates Erection, Construction, Enlargement, etc. of Buildings Ordinance No. 2429, adopted 2/4/1954:
This was first instance of adoption by reference of the Uniform Building Code (1952 Edition)
Ordinance No. 2530, adopted 3/1/1956:
Adopted 1955 Edition.
Ordinance No. 2860, adopted 2/6/1962:
Adopted 1961 Edition.
Ordinance No. 3043, adopted 4/27/1965:
Adopted 1964 Edition.
Ordinance No. 3349, adopted 1/14/1969
Adopted 1967 Edition.
Ordinance No. 3827, adopted 3/30/1976:
Adopted 1973 Edition.
Ordinance No. 3905, adopted 5/24/1977:
Adopted 1976 Edition.
Ordinance No. 4064, adopted 7/15/1980:
Adopted 1979 Edition.
ATTACHMENT 1
City of Santa Barbara Building Code Adoption History
Ordinance No. 4221, adopted 9/6/1983:
Adopted 1982 Edition
Ordinance No. 4604, adopted 12/12/1989:
Adopted 1988 Edition.
Ordinance No. 4770, adopted 6/2/1992:
Adopted 1991 Edition.
Ordinance No. 4931, adopted 12/12/1995:
Adopted 1994 Edition.
Ordinance No. 5104, adopted 5/11/1999:
Adopted 1998 Edition of California Building Code
Ordinance No. 5256, adopted 10/1/2002:
Adopted 2001 Edition of California Building Code
Ordinance No. 5365, adopted 6/28/2005:
Adopted 2004 Edition of California Building Code
Ordinance No. 5440, adopted 11/4/2007:
Adopted 2007 Edition of California Building Code
Ordinance No. 5536, adopted 11/9/2010:
Adopted 2010 Edition of California Building Code
Ordinance No. 5639, adopted 10/29/2013:
Adopted 2013 Edition of California Building Code
Ordinance No. 5919, adopted 11/12/2019:
Adopted 2019 Edition of California Building Code
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary Santa Barbara City Building & Safety Division
2022 California Building Standards Codes Adoption
Summary of Amendments
October 11, 2022
Effective January 1, 2023
# Code & Section Subject Concept Types:
Existing or
New
Findings:
Administrative,
Climatic,
Geologic,
Topographic
1 Building Code
Section 105.1.3
& 105.1.4
Residential
Code Section
R105.1.1 &
R105.1.2
Permits Required Requires permits for paving and striping of parking lots and driveways.
Describes the authorizations needed for
demolition permits.
Existing Admin
2 Building Code
Section 105.2
Residential
Code Section
R105.2
Exemptions from
Permits
Removes requirement for a permit
relating to drainage at walls that are
exempt from a permit.
Adds the requirement for a permit for
non-retaining walls over 4’ of masonry
or concrete construction.
Existing
Modified
Geologic,
Topographic
3 Building Code
Section 105.4.1
Permit Issuance Requires a licensed contractor for work on other than single homes, duplexes
and accessory structures thereto.
Existing Admin
4 Building Code
Section 105.5,
Residential
Code Section
R105.5,
Plumbing Code
Section 104.4.3,
Mechanical
Code Section
104.4.3
Permit Expiration Defines the means by which the City
determines that a permit has expired.
Existing Admin
5 Building Code
Section 107.1.1
Licensed Architect
Required
Requires that a licensed architect be
responsible for complex permit
applications.
Existing Admin
6 Building Code
Section 107.2.9
Certified Access
Specialist (CASp)
Approval
Allows property owners that utilize a
CASp to receive expedited access
compliance plan review.
Existing Admin
ATTACHMENT 2
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 7 Building Code
Section 109,
Residential
Code Section
R108, Plumbing
Code Section
104.5,
Mechanical
Code Section
104.5
Fees All fees assessed shall be adopted by
City Council Resolution.
Existing Admin
8 Building Code
Section 113
Residential
Code Section
R112, Plumbing
Code Section
107, Mechanical
Code Section
107, Property
Maintenance
Code Section
111
Board of Appeals Combines the current City code
amendments and procedures. Modified
to improve consistency of decisions and
include administrative procedures.
Modifies number of Board Members to
form a Quorum from 5 to 4.
Existing
Modified
Admin
9 Building Code
Sections 701A.1
& 701A.3
Residential
Code Section
R337.1.1 &
R337.1.3
Scope &
Application
Makes “additions and remodels”
subject to in high-fire building design
when in a high-fire area. Allows City
Chief Building Official discretion in
allowing exemptions.
Existing Climatic
Topographic
10 Building Code
Section 705A.4
Residential
Code Section
R337.5.4
Roof Gutters Requires high-fire area roof gutter to be
non-combustible
Existing Climatic
Topographic
11 Building Code
Section 708A.2
Residential
Code Section
R337.8.2
Exterior Glazing Makes special glazing requirements for skylights subject to the high-fire area
Existing Climatic
Topographic
12 Building Code
Section 903 –
all, Residential
Code Section
R313
Automatic Fire
Sprinkler System
Same amendment as prior cycle.
Specifies September 11, 2009 as the
beginning date for determining the
improvement thresholds.
Existing Climatic
Topographic
13 Building Code
Section
907.2.30
Mixed Use
Occupancy Fire
Alarms
Requires fire alarms to be installed in
all converted or new mixed occupancy
buildings.
Existing Climatic
Topographic
14 Building Code
Section 1207.4
Residential
Code Section
R304.4
Efficiency
Dwelling Units
Inserts an exception to the minimum
dwelling size for Affordable and Lower
Income dwellings.
Existing Admin
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 15 Building Code
Section T1505.1
& 1505.1.3
Residential
Code Section
R902.1-
R902.1.3
Minimum Roof
Covering Rating
Changes the minimum fire resistance
for all roofs from Class C to Class B.
Existing Climatic
Topographic
16 Building Code
Section
1505.1.4
Residential
Code Section
R337.5 - all
Roofing in
Wildland-Urban
Interface Fire
Area
Requires a minimum of Class A noncombustible roof in these high-fire risk areas.
Existing Climatic
Topographic
17 Building Code
Section
1507.4.1
Residential
Code Section
R905.10.1
(Roof) Deck
Requirements
Clarifies that metal panel roofing cannot
be placed over wood shingles or
shakes.
Existing Climatic
Topographic
18 Building Code
Section
1705.12.1
Structural Wood
(Special
Inspections)
Allows for an exchange of reduced
calculated load carrying values when
continuous special inspection of nailing
is not made.
Existing Geologic
19 Building Code
Appendix G
Flood Resistant
Construction
Consolidates the City, State and
Federal regulations for development
within a flood zone.
Existing Climatic
Topographical
20 Building Code
Appendix J
Grading
Regulations
Establishes the City’s grading
regulations.
Existing Geological
Topographical
21 Residential
Code Section
R313
Automatic Fire
Sprinkler
Requirements
Revises the thresholds for installation of
automatic fire sprinkler systems in
townhomes and one-and-two family
dwellings.
Existing Climatic
Topographical
22 Residential
Code Section
R337
Wildland-Urban
Interface
Requirements
Prescribes specific fire-safe methods
for high-fire risk areas
Existing Climatic
Topographical
23 Residential
Code Section
R341 & R342
Encroachments
Safeguards
Requires residential projects to meet
the standard Public Way Encroachment
and Safeguards During Construction
requirements of the Building Code
Existing Admin
24 Residential
Code Section
R401.4
Soils Reports Clearly establishes the situations when
a soils report will be required
Existing Geological
Topographical
25 Residential
Code Section
R401.5
Grading Consolidates grading regulations in
Appendix J of the Building Code
Existing Geological
Topographical
26 Residential
Code Section
R403.1.2
Continuous
Footings
Requires continuous footings under
braced walls that carry lateral loads
Existing Geological
Topographical
27 Residential
Code Section
R403.1.5
(Footing) Slope Clarifies the design criteria for footings on slopes
Existing Geological
Topographical
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 28 Residential
Code Section
R404.2
Wood Foundation
Walls
Prohibits wood foundation walls in high
risk seismic design areas
Existing Geological
Topographical
29 Residential
Code Section
R902 & R905
Roof and Deck
Materials
Prescribes minimum high-fire area roof
and deck construction standards
Existing Climatic
Topographical
30 Residential
Code Appendix
AX
Private Swimming
Pools
Consolidates pool regulations in
Section 3109 of the Building Code
Existing Admin
31 Plumbing Code
Section 301.6.1
Local Health
Authority
Established the Santa Barbara County
Environmental Health Department as
the local health authority
Existing Admin
32 Plumbing Code
Section 423
Fountains Requires a recirculation system Existing Climatic 33 Plumbing Code
Section 424
Car Wash
Facilities
Requires special water conservation
measures
Existing Climatic
34 Plumbing Code
Section 603.1
Cross-Connection
Control
Coordinates potable water crossconnection control regulations with State Title 17 drinking water supply
regulations
Existing Admin
35 Plumbing Code
Section 608.2
Excessive Water
Pressure
Reduces the risk of building damage
caused by excessive water pressure in
the public water distribution system
Existing Topographical
36 Plumbing Code
Section 710.14
Sewage Pump
Signaling Device
Requires an audible alarm if system
fails
Existing Topographical
37 Plumbing Code
Section 710.15
Back Water Valve Requires the installation of a sewer
backwater valve to protect from
damage caused by sewage backwater.
Modified to include common
compliance exceptions
Existing Topographical
38 Plumbing Code
Section 713.2
Private Sewage
Disposal System
Requires septic system abandonment
and connection to the public sewer
once the public sewer is available for
connection.
Existing Topographical
39 Electrical Code
Section 90.4.1
Administration Consolidates all of the administrative
processes and regulations for the
Electrical Code within the Building
Code.
Existing Admin
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 40 Green Building
Code Sections
4.304.2 &
5.304.7
Fountains Sets existing fountain surface areas at
a maximum of 25 square feet
Existing Climatic
41 Property
Maintenance
Code Section
101.1
Title Establishes the “Property Maintenance
Code of the City of Santa Barbara”
Existing Admin
42 Property
Maintenance
Code Section
101.2
State Housing
Law Coordination
Allows for the State Housing Law to
supersede the City’s Property
Maintenance Code when discrepancies
arise.
Existing Admin
43 Property
Maintenance
Code Section
103.1
(Authority)
General
Establishes the Chief Building Official
as the Code Official
Existing Admin
44 Property
Maintenance
Code Section
111.1 & 111.7
(Unsafe Buildings)
General
Placarding
Requires that unsafe and unfit
properties are placarded with “Unsafe”
and/or “Limited Entry” placards when
warranted
Existing Admin
45 Property
Maintenance
Code Section
111.3
Record Requires that official records be
retained
Existing Admin
46 Property
Maintenance
Code Section
111.9
Restoration or
Abatement
Exception for certain historic structures. Existing Admin 47 Property
Maintenance
Code Section
302.4
Weeds Sets maximum weed height at 12” Existing Admin
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 48 Property
Maintenance
Code Section
304.14
Insect Screens Sets maximum screen mesh at 12
mesh per inch
Existing Admin
49 Property
Maintenance
Code Section
602.2
(Heating)
Residential
Occupancies
Coordinates the minimum heating
system operating temperature with the
State Housing Law minimum
Existing Climatic
50 Property
Maintenance
Code Section
602.3 & 602.4
(Heating)
Heat Supply
Occupiable Work
Spaces
Deletes these requirements for
minimum heating system performance
Existing Climatic
ORDINANCE COMMITTEE – OCTOBER 11, 2022 ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING CHAPTER 22.04 OF THE
MUNICIPAL CODE AND ADOPTING BY REFERENCE THE
2022 EDITION OF THE CALIFORNIA BUILDING CODE,
VOLUMES 1 AND 2; THE 2022 EDITION OF THE
CALIFORNIA RESIDENTIAL CODE; THE 2022 EDITION OF
THE CALIFORNIA ELECTRICAL CODE; THE 2022 EDITION
OF THE CALIFORNIA MECHANICAL CODE; THE 2022
EDITION OF THE CALIFORNIA PLUMBING CODE; THE
2022 EDITION OF THE CALIFORNIA ENERGY CODE; THE
2022 EDITION OF THE CALIFORNIA HISTORICAL
BUILDING CODE; THE 2022 EDITION OF THE CALIFORNIA
EXISTING BUILDINGS CODE; THE 2022 EDITION OF THE
CALIFORNIA GREEN BUILDING STANDARDS CODE; THE
2022 EDITION OF THE CALIFORNIA REFERENCED
STANDARDS CODE; AND THE 2021 INTERNATIONAL
PROPERTY MAINTENANCE CODE; ADOPTING LOCAL
REVISIONS TO THOSE CODES; AND REPEALING
ORDINANCE NUMBER 5919.
WHEREAS, uniform international construction codes are developed, updated, and published regularly; and
WHEREAS, these codes are adopted by the State of California and by local communities with amendments specifically pertinent to their local conditions; and WHEREAS, the City of Santa Barbara relies on local ground and surface water for its local water supplies, and drought conditions are common within Santa Barbara and the surrounding areas; and
WHEREAS, local topography and climate present unique flooding, fire hazard, and fire abatement conditions; and
WHEREAS, local geological conditions such as very problematic soils and intense earthquake faults present unique geophysical hazards; and WHEREAS, the majority of the buildings in the City of Santa Barbara pre-date the Americans with Disabilities Act; many of the parcels of land supporting these older buildings are fully developed; and because of the topography of these parcels, determining accessibility compliance can be very complex; and WHEREAS, the City of Santa Barbara has the authority to establish appropriate administrative building permit process amendments for the purposes of enforcing the State Building Standards Codes; and
1 2
WHEREAS, the City Council of the City of Santa Barbara finds that such local geological, topographic, climatic, and existing building conditions warrant certain amendments to the model uniform codes related to construction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 22.04.010 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.10 Adoption of California Codes by Reference.
Subject to the amendments specified in Sections 22.04.020 through 22.04.070, the following Codes, certain appendix chapters, and the standards and secondary codes referenced therein are adopted, regardless of the California Matrix Adoption Tables and shall be known as the City of Santa Barbara Building Codes.
A. The “California Building Code Volumes 1 and 2” (202219 Edition), as published by the California Building Standards Commission, including Appendix Chapters G and J.
B. The “California Residential Code” (202219 Edition), as published by the California Building Standards Commission, including Appendix Chapters I and V.
C. The “California Electrical Code” (202219 Edition), as published by the California Building Standards Commission.
D. The “California Mechanical Code” (202219 Edition), as published by the California Building Standards Commission.
E. The “California Plumbing Code” (202219 Edition), as published by the California Building Standards Commission including Appendix Chapters I (Installation Standards) and K.
F. The “California Energy Code” (202219 Edition), as published by the California Building Standards Commission.
G. The “California Historical Building Code” (202219 Edition), as published by the California Building Standards Commission.
H. The “California Existing Building Code” (202219 Edition).
I. The “California Green Building Standards Code” (202219 Edition), as published by the California Building Standards Commission.
J. “The California Referenced Standards Code” (202219 Edition), as published by the California Building Standards Commission.
K. The “International Property Maintenance Code” (202115 Edition), as published by the International Code Council, including Appendix A.
SECTION 2. Section 22.04.020 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
3 22.4.20 Amendments to the California Building Code.
The California Building Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.020.
A. Sections 105.1.3 and 105.1.4 are added to read as follows:
105.1.3 Paving and Striping. Building permits shall be required for all paving, repaving (including slurry coating), striping, re-striping, signage, and re-signage of parking spaces in parking lots and structures. Accessible parking spaces, access aisles, and signage shall be provided that meets currently adopted codes. 105.1.4 Demolition Permits. Building permits shall be required to demolish any building, portion of a building, or structure within the City of Santa Barbara and shall be subject to the following conditions:
1. The applicant shall ensure all utility connections have been removed by the appropriate utility providers, except such utility services that are approved for use in connection with the work of the demolition. The applicant shall provide verification from the utility providers that utility service has been disconnected.
2. The applicant shall obtain clearance from the Santa Barbara Air Pollution Control District for all commercial demolition, renovations and alterations.
3. All resulting building debris, trash, junk, vegetation, dead organic matter, rodent harborage, or combustible material that constitutes a threat to life, health, or property, or is detrimental to the public welfare or which may reduce adjacent property value shall be removed from the site within thirty (30) days after the demolition of the structure.
4. All demolition debris must be managed and handled in accordance with the City’s Environmental Services Division regulations and guidelines.
B. Section 105.2 “Work Exempt From Permit” is amended to read as follows:
Section 105.2 Work Exempt From Permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following (Note - For work involving detached one- and two-family dwellings or townhouses or buildings accessory to detached one- and two-family dwellings or townhouses, see Section 105 of the California Residential Code as amended by the City of Santa Barbara in this Ordinance):
Building:
1. One-story detached residential accessory structures used as tool and storage sheds, playhouses, portable and fixed playground equipment, bicycle or skateboard ramps and similar uses, provided the floor area does not exceed 120 square feet (11 m2) and the height does not exceed ten (10) feet at the highest point; and further provided the structure does not encroach into required setbacks or required open yards, does not obstruct required parking, and is not served by any utilities. The combined 4 square footage of exempt accessory structures may not exceed 200 square feet on any single parcel.
2. Residential fences and walls not over 3-1/2 feet high, as measured from the lowest adjacent grade within 3 ½ 5 feet of the fence or wall that do not adversely affect drainage or cause erosion.
3. Oil derricks.
4. Residential retaining walls, and non-retaining walls, including masonry and concrete walls, which are not over 4 feet in height as measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids, is installed on a slope 20% or greater, or the wall will tend to adversely affect drainage or cause increased erosion.
5. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
6. Uncovered residential platforms, decks, porches, walks, and similar structures not more than 10 inches above adjacent grade, not over any basement or story below, not part of an accessible route, and not part of the means of egress from a normally occupied space.
7. Interior painting, papering, and similar finish work.
8. Temporary motion picture, television, and theater stage sets and scenery.
9. Ground mounted radio, television and other masts or antenna or dish shaped communication reception or transmitting structures less than 3 feet in diameter, which do not extend more than 15 feet above grade and are not served by electrical circuits regulated under the National Electrical Code NEC). Light- weight roof-mounted radio, television, and other masts or antenna or dish shaped communication reception or transmitting structures less than 2 feet in diameter, which do not extend more than 15 feet above the roof, are not served by electrical circuits regulated under the NEC, and which are not subject to design review by the Architectural Board of Review, Historic Landmarks Commission, or Single Family Design Board.
10. Freestanding or movable cases, counters, and interior partitions not over 5 feet 9 inches in height, and not containing or requiring connections to electrical power or plumbing systems.
11. Permit applications submitted for other miscellaneous and minor work may be exempted by the Chief Building Official from permits, fees and inspections.
Electrical:
Repairs and maintenance. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Radio and television transmitting stations. The provisions of this code shall not apply to electrical equipment used for radio and televisions transmissions, but do apply to equipment and wiring for power supply and installations of towers and antennas.
5 Temporary testing systems. A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
C. Section 105.4.1 added to read as follows:
105.4.1 Issuance. All work authorized by building permit for other than R-3 or U occupancies shall be issued to an appropriate contractor licensed in accordance with the provisions of California State Law.
D. Section 105.5 “Expiration” is amended to read as follows:
105.5 Expiration. Unless extended by the Building Official, every permit issued shall become invalid, without notice being given to the permit holder when the following occurs:
1. The work on the site, authorized by such permit, is not commenced within 180 days of the permit issuance date, or
6 2. During any period of more than 180 days after permit issuance, the work on site does not receive full City Inspection approval for any one of the inspections found in Section 110.3.1-110.3.1228.
Prior to the permit expiration above, when requested in writing, the Building Official may grant administrative permit extensions for circumstances, out of the permit holder’s control, that caused the construction to stop. However, no permit shall be active for more than 6 years.
E. Section 107.1.1 “Licensed Architect Required” is added to read as follows:
107.1.1 Licensed Architect Required. All permit applications and construction documents for multi-family residential buildings of greater than 2 units and non-residential projects with construction valuations greater than 20% of the current building value shall be reviewed for consistency and compliance and submitted with the seal and signature of a State licensed architect unless specifically allowed to do otherwise by the Building Official.
F. Section 107.2.9 “Certified Access Specialist (CASp) Approval” is added to read as follows:
107.2.9 Certified Access Specialist (CASp) Approval. Building permit applications and the associated construction drawings that include a CASp certification per State Civil Code Section 55.53 and include the following statement, signed by a State licensed CASp, will receive an expedited plan review of Chapters 11A and 11B by the City:
“I, (CASp Full Name) , have inspected the property and provided the property owner with a report in accordance with California Civil Code Sections 55.51-55.545. I have reviewed:
The prior 3-years of “adjusted construction cost”, as defined in this code, for this parcel, and
These construction plans and documents for the project submitted under City permit (PERMIT #) for compliance with the State Title 24, Part 2, Volume 1, Chapters 11A and/or 11B
I find these plans and documents to be, to the best of my knowledge, in compliance the applicable State access compliance standards.
Signature:
CASp #: ”
Date:
G. Section 109 “Fees” is replaced as follows:
109. Fees. All fees shall be adopted either by:
1. City Council via Ordinance or Resolution, or
2. Provided for by the State of California
7 H. Section 113 “Board of appeals” is amended to read as follows:
113. Board of Appeals. In order to provide technical Code advice to the City’s building official and fire code official, and to hear and decide appeals of orders, decisions or determinations made by the fire code official or building official relative to the application and interpretations of the technical codes, there shall be and is hereby created a Building and Fire Code Board of Appeals. This Board consists of 57members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the jurisdiction. The Building and Fire Code Board of Appeals shall be appointed by the City Council and shall hold office for a 4-year term. The Board is not empowered to waive requirements of the State Title 24 codes. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official or building official. 113.1.1 Alternatives. The Board may consider any alternate provided that it finds that the proposed design, material, method, or work offered is, for the purpose intended is approvable per Section 104.11 of this Code. The Board shall have no authority to waive the requirements of the applicable Code. 113.1.2 Appointments. The City Council shall appoint 7 qualified individuals, provided that at least 3 members are physically handicapped when hearing items that involve Chapter 11 of the California Building or Fire Code. 113.1.3 Quorum. For other than appeals and ratifications relative to Chapter 11 of the Code, it shall take a quorum of 45 members to hear an appeal and majority vote of the Board convened to sustain an appeal. Appeals and ratifications relative to the enforcement of Chapter 11, at least 2 of the Board members in a quorum hearing the item must be physically disabled.
113.1.4 Chairperson. The chairperson shall be selected annually by the convened Board. The chairperson shall maintain order and conduct the meeting in accordance with the California Brown Act. Section 113.1.7. 113.1.5 Meetings. The Board shall meet when needed to hear an appeal or when needed to transact business of the Board. Either the building official or the fire code official or their designee shall act as Secretary of the Board. 113.1.6 Board Decisions. The decision of the Building and Fire Code Board of Appeals shall be final on all matters of appeals and shall become an order to the Appellant, Chief Building Official or Fire Ccode Oofficial as may be appropriate. 113.1.7 Procedural Rules. Appeal hearings shall be conducted substantially in accordance with the following format:
1. Any person may appeal a decision of the building official or fire code official by filing a written appeal with the building official or fire code official within 10-days of the issuance of the written decision. The notice of appeal shall state the grounds for 8 the appeal.
2. No notice of appeal shall be accepted unless the notice is accompanied by the fee specified by resolution of the City Council.
3. Unless agreed to otherwise by the appellant and the building official or fire code official, all appeals shall be heard not less than 10-days and not more than 60- days from the date on which the building official or fire code official receives the written appeal.
4. The filing of a timely appeal with the building official or fire code official shall place a stay on further enforcement of the specific matter appealed, except for instances of immediate danger to life or property.
5. The Chairperson shall call the meeting to order.
6. The Chairperson shall note the Board members present for the minutes.
7. The Chairperson shall recognize the building official or fire code official for presentation of the appeal. The building official or the fire code official shall read his or her recommendation to the Board.
8. The Chairperson shall recognize the Appellant for presentation of rebuttals.
9. All witnesses must be called by either the Appellant or the building official or the fire code official and may be questioned as permitted by the Chair of this Board.
10. The Board may entertain comments from the public.
11. The Board may affirm, deny, or amend the decision of the building official or the fire code official.
12. The Board shall issue its decisions in writing and shall include a statement of the decision appealed, the decision of the Board and the findings made by the Board in reaching their decision.
13. The Chairperson shall adjourn the meeting at the end of business.
14. The Secretary shall prepare minutes for the record and shall serve as custodian of case records and said minutes.
15. This Board shall serve as the appeals boards defined in Section 1.8.8 and 1.9.1.5. 9 I. Section 117 Post-Damage Assessment. After a disaster, residential buildings subject to this Code shall be assessed for damage and placarded in accordance with Chapter 22.09 of this Code.
J. Section 701A.1 “Scope” is amended to read as follows:
701A.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings, remodels or additions to existing buildings located within a Wildland-Urban Interface Fire Area as defined in Section 702A.
JK. Section 701A.3 “Application” is amended to read as follows:
701A.3 Application. New buildings, remodeled buildings or additions to existing buildings in any Fire Hazard Severity Zone or Wildland-Urban Interface Area designated by the enforcing agency constructed after the application date shall comply with this chapter.
Exception: Accessory and/or Group U occupancy buildings may be exempted from all or portions of this chapter upon approval of the Fire Code Official and/or Chief Building Official.
L. Section 705A.4 “Roof Gutters” is amended to read as follows:
705A.4 Roof Gutters. Roof gutters shall be provided with the means to prevent the accumulation of leaves and debris in the gutter. All roof gutters and downspouts shall be constructed of non-combustible materials.
M. Section 708A.2 “Exterior Glazing” is amended to read as follows:
708A.2 Exterior Glazing. The following exterior glazing materials and/or assemblies shall comply with this section:
1. Exterior windows and/or skylights.
2. Exterior glazed doors.
3. Glazed openings within exterior doors.
4. Glazed openings within exterior garage doors.
5. Exterior structural glass veneer.
6. Glazing frames made of vinyl materials shall have welded corners, metal reinforcement in the interlock area, and be certified to the most current edition of ANSI/AAMA/NWWDA 101/I.S.2 structural requirements.
N. Section 903.2.2200 “Local Requirements” is added to read as follows:
903.2.220 Local Requirements. Approved automatic sprinkler systems shall be installed throughout buildings and structures as specified elsewhere in this Section 903.2 or as specified in this Section 903.2.220, whichever is more protective. 10 903.2.20.1 903.2.22.1 New Buildings, Generally. The construction of a new building containing any of the following occupancies: A, B, E, F, H, I, L, M, R, S or U.
Exceptions: A new building containing a Group U occupancy that is constructed in the City’s designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area. A new building containing a U occupancy that is constructed outside the City’s designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 5000 square feet of floor area.
903.2.20.2 903.2.22.2 New Buildings in the High Fire Hazard Area. The construction of any new building within the City’s designated High Fire Hazard Area.
Exception: A new building containing a Group U occupancy that is constructed in the City’s designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area. 903.2.20.3 903.2.22.3 Additions to Buildings Other than Single Family Residences. The addition of floor area to an existing building that contains any occupancy other than Group R, Division 3.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition allowed under this exception will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.20.4.
903.2.20.4 903.2.22.4 Remodels of Buildings Other than Single Family Residences. The remodel or alteration of the interior of an existing building that contains any occupancy other than Group R, Division 3, where the floor area of the portion of the building that is modified or altered exceeds 50% of the existing floor area of the building. For purposes of this section, all modifications or alterations to an existing building that occur after September 11, 2009 shall be counted in the aggregate toward the 50% threshold measured against the floor area of the building. It shall be the responsibility of the building owner to install the sprinkler system throughout the building when the threshold has been exceeded.
Exception: Nothing in this section shall prevent the building owner from negotiating a written agreement with the tenant or tenants for allocating the cost of the sprinkler system in any proportion.
903.2.20.5 903.2.22.5 Change of Occupancy to a Higher Hazard Classification. Any change of occupancy in an existing building where the occupancy changes to a higher hazard classification.
11 Exception: For purposes of sprinklers only, the higher hazard classification will not be deemed to include low hazard assembly occupancies of 75 occupants or fewer 903.2.20.6 903.2.22.6 Computation of Square Footage. For the purposes of this Section 903.2.20, the floor area of buildings shall be computed in accordance with the definition of “Floor area, Gross” provided in Section 1002.1 of the California Building Code. 903.2.20.7 903.2.22.7 Existing use. Any existing building not classified as Group R, Division 3, in existence at the time of the effective date of this code may have their use continued if such use was legal at the time. Additions to existing buildings shall require an automatic fire sprinkler system installed throughout, including areas not previously protected.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.20.4.
903.2.20.8 903.2.22.8 Exceptions and Modifications. Where hardship or substantial difficulty make strict compliance with a sprinkler section impractical, the fire code official is authorized to grant exceptions or modifications on an individual basis, pursuant to California Fire Code Section 104.8
O. Section 907.2.30 is added to read as follows:
907.2.30 Mixed Use Occupancies. Where residential occupancies are combined with commercial occupancies, a fire alarm system shall be installed which notifies all occupants in the event of a fire. The system shall include automatic smoke detection throughout the commercial and common areas. In addition, a notification system shall be installed in a manner and location approved by the fire code official that indicates the presence of residential dwelling units in accordance with Municipal Code Section
8.04.030 B.
P. Section 1207.4 “Efficiency Dwelling Units” is amended to read as follows:
1207.4 Efficiency Dwelling Units. Unless modified by local ordinance pursuant to Health and Safety Code Section 17958.1, efficiency dwelling units shall comply with the following:
1. The unit shall have a living room of not less than 220 square feet (20.4 m2) of floor area. An additional 100 square feet (9.3 m2) of floor area shall be provided for each occupant of such unit in excess of two.
Exception:
12 Notwithstanding the provisions of subsection 1 above, for projects constructed or operated by a nonprofit or governmental agency offering housing at an Affordable Housing Cost to Lower Income Households (as those terms are defined in sections 50052.5 and 50079.5 of the California Health and Safety Code), the City may permit efficiency dwelling units for occupancy by no more than two persons who qualify as either very low or low income households where the units have a minimum useable floor area, (excluding floor area in the kitchen, bathroom and closet), of not less than 150 square feet. In all other respects, such efficiency dwelling units shall conform to the minimum standards specified in this code.
2. The unit shall be provided with a separate closet.
3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
Q. Table 1505.1 is amended to read as follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATION
FOR TYPES OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
B B B B B B B B B
R. Section 1505.1.3 “Roof coverings within all other areas” is amended to read as follows:
1505.1.3 Roof coverings within in all other areas. The roof covering or roofing assembly of any new building or the re-roofing of any existing building, regardless of type or occupancy classification, shall be no less than Class B, except that Group H, Division 1 and Group I occupancies shall be Class A. Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20 % of the existing roof is being replaced within a two 2 year period, provided such replacement roofing is fire retardant treated wood shakes or shingles.
Exception: In the High Fire Hazard District, roof coverings shall be in accordance with Chapter 7A as amended.
S. Section 1505.1.4 “Roofing Requirements in a Wildland-Urban Interface Fire Area” is amended to read as follows:
13 1505.1.4 Roofing Requirements in a Wildland-Urban Interface Fire Area. Roof coverings on all buildings shall be class A noncombustible in accordance with adopted CBC Standards or otherwise as may be approved by the Chief Building Official.
Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20% of the existing roof is being replaced within a two 2) year period, provided such replacement roofing is fire retardant treated wood shakes or shingles. “Green” or “Vegetated” roofs shall not be used in the Wildland-Urban Interface Fire Area.
T. Section 1507.4.1 “Deck Requirements” is amended to read as follows:
1507.4.1 Deck Requirements. Metal roof panel roof coverings shall be applied to a solid or closely fitted deck, except where the roof covering is specifically designed to be applied to spaced supports. Metal roof panel coverings shall not be installed over combustible shingles or shakes.
U. Section 1705.12.2 “Structural wood” subsection “Exceptions” is amended to read as follows:
1705.12.1 1705.12.2
Structural wood.
Exceptions:
1. Special Inspections are not required for wood shear walls, shear panels and diaphragms, including nailing, bolting, anchoring and other fastening to other elements of the seismic force-resisting system, where the fastener spacing of the sheathing is more than 4 inches (102 mm) on center (o.c.).
2. Special Inspection is not required if the building is designed in accordance with AWC SDPWS-2008 (NDS) Table 4.3A (Note: PLF values must be divided in half per
4.3.3) assuming that the allowable shear values reflected are reduced by 25%.
V. Appendix G Section G101 “Flood Resistant Construction” is amended to read as follows:
G101. Flood Resistant Construction
G101. General. Construction and development within a Federal Emergency Management Agency (FEMA) Special Flood Hazard Area depicted on a FEMA Flood Insurance Rate Map shall be completed in accordance with the City’s Municipal Code, Chapter 22.24 and FEMA’s National Flood Insurance Program standards for construction and development within Special Flood Hazard Areas.
W. Appendix G Sections G102-G1101 are deleted without replacement. 14 X. Appendix J “Grading” is amended to read as follows:
J101. GRADING GENERAL
J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments, and the control of grading site runoff, including erosion sediments and construction-related pollutants. The purpose of this appendix is to safeguard life, limb, property and the public welfare by regulating grading on private property. Where technical conflict occur between this chapter and geotechnical report filed by a licensed civil engineer, the Building Official may allow the geotechnical report to govern.
J101.2 General Hazards. Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.
J101.3 Safety Precautions. If at any stage of the work the Building Official determines by inspection that further grading as authorized is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work. The Building Official may authorize the work to proceed if the Building Official finds adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition or interference.
If the grading work, as done, has created or resulted in a hazardous condition, the Building Official shall give written notice requiring correction thereof as specified in California Building Code - Section 114 “Violations” or California Residential Code - Section R113 “Violations”. The Building Official may cause the violator to be prosecuted and issue an Administrative Citation without first having to issue a Notice of Violation.
J101.4 Protection of Utilities. The owner of any property on which grading has been performed, and which requires a grading permit under Section J103, shall be responsible for the prevention of damage to any public utilities or services.
J101.5 Protection of Adjacent Property. The owner of any property on which grading, has been performed and which requires a grading permit under Section J103 is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage which might result. Special precautions approved by the Building Official shall be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage 15 courses.
J101.6 Storm Water Control Measures. The owner of any property on which grading, has been performed shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud, debris, and construction-related pollutants originating from the site during grading and related construction activities as required in Chapter 22.85 and/or any special conditions imposed on a project as a result of the issuance of a discretionary permit by the City.
J101.7 Maintenance of Protective Devices. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices when they are shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.
J101.8 Conditions of Approval. In granting any permit under this code, the Building Official may include such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
1. Improvement of any existing grading to comply with the standards of this code.
2. Requirements for fencing of excavations or fills which may otherwise be hazardous.
3. Storm water pollution prevention control measures beyond those required by Section J101.6 of this Appendix J.
SECTION J102 DEFINITIONS
J102.1 Definitions. For the purposes of this appendix chapter, the terms, phrases and words listed in this section and their derivatives shall have the indicated meanings.
APPROVAL shall mean that the proposed work or completed work conforms to this chapter to the satisfaction of the Building Official.
AS–GRADED is the extent of surface conditions on completion of the approved grading project.
BEDROCK is in–place solid rock that is the relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of alluvium, colluvium and/or soil.
BENCH is a relatively level step excavated into earth material on which fill is to be placed.
16 BEST MANAGEMENT PRACTICE (BMP) is a storm water pollution mitigation measure which is required to be employed in order to comply with the requirements of the NPDES permit issued to the City of Santa Barbara by the California Regional Water Quality Control Board.
BORROW is earth material acquired from an off–site location for use in grading on a site.
CIVIL ENGINEER is a professional engineer registered in the state to practice in the field of civil works.
CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.
COMPACTION the densification of a fill by mechanical means.
CUT See Excavation.
DESILTING BASINS are physical structures, constructed to allow the removal of sediments from surface water runoff.
DESIGN ENGINEER shall mean the civil engineer responsible for the preparation of the grading plans for the site grading work.
DOWN DRAIN a device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility EARTH MATERIAL is any rock, natural soil or fill or any combination thereof.
ENGINEERING GEOLOGIST is a geologist experienced and knowledgeable in engineering geology. Shall mean a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the State of California under the applicable provisions of the Geologist and Geophysicist Act of the Business and Professions Code.
ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
EROSION is the wearing away of the ground surface as a result of the movement of wind, water or ice.
EROSION/SEDIMENTATION CONTROL PLAN (ESC) is a site drawing with details, notes, and related documents that identify the measures taken by the permittee to (1) control construction-related erosion and prevent construction-related sediment and pollutants from being carried offsite by storm water, and (2) prevent construction-related non-storm water discharges from entering the storm drain system that complies with the latest version of the Building & Safety Division’s ESC Policy. 17 EXCAVATION is the removal of earth material by artificial means, also referred to as a cut.
FIELD ENGINEER shall mean the civil engineer responsible for performing the functions as set forth in Section J105.4.
FILL is the deposition of earth materials by artificial means.
GEOTECHNICAL ENGINEER See “soils engineer.”
GEOTECHNICAL HAZARD is an adverse condition due to landslide, settlement, and/or slippage. These hazards include loose debris, slope wash, and the potential for mud flows from natural or graded slopes.
GRADE is the vertical location of the ground surface.
GRADE, EXISTING is the grade prior to grading.
GRADE, FINISHED is the final grade of the site that conforms to the approved plan.
GRADE, ROUGH is the stage at which the grade approximately conforms to the approved plan.
GRADING is an excavation or fill or combination thereof.
KEY is a compacted fill placed in a trench excavated in earth material beneath the toe of a slope.
LANDSCAPE ARCHITECT shall mean a person who holds a certificate to practice landscape architecture in the State of California under the applicable landscape architecture provisions of Division 3, Chapter 3.5 of the Business and Professions Code.
LINE shall refer to horizontal location of the ground surface.
NATURAL GRADE is the vertical location of the ground surface prior to any excavation or fill.
PRIVATE SEWAGE DISPOSAL SYSTEM is a septic tank with effluent discharging into a subsurface disposal field, into one or more seepage pits or into a combination of subsurface disposal field and seepage pit or of such other facilities as may be permitted.
PROJECT CONSULTANTS shall mean professional consultants required by this code which may consist of the design engineer, field engineer, soils engineer, engineering geologist, and architect as applicable to this chapter.
PROFESSIONAL INSPECTION is the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include those performed by persons supervised by such engineers or geologists and shall 18 be sufficient to form an opinion relating to the conduct of the work.
SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
SOIL is naturally occurring superficial deposits overlying bedrock.
SOILS ENGINEER (GEOTECHNICAL ENGINEER) is an engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering.
SOILS ENGINEERING (GEOTECHNICAL ENGINEERING) is the application of the principals of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of construction thereof.
STORM DRAIN SYSTEM is a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, pipes, ditches and manmade channels, designed or used for collecting, dissipating, or conveying storm water.
SURFACE DRAINAGE shall refer to flows over the ground surface.
SOIL TESTING AGENCY is an agency regularly engaged in the testing of soils and rock under the direction of a civil engineer experienced in soil testing.
TERRACE a relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.
SECTION J103 PERMITS REQUIRED
J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the Building Official. A grading permit does not include the construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any Engineered Grading as described in Section J104 shall be performed by a contractor licensed by the State of California to perform the work described herein. Regular grading less than 5,000 cubic yards may require a licensed contractor if the Building Official determines that special conditions or hazards exist.
J103.2 Exemptions. A grading permit shall not be required for the following:
1. When approved by the Building Official, grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.
2. Excavation for the construction of a structure permitted under this code. 19 3. Cemetery graves.
4. Excavations for wells, or trenches for utilities.
5. Exploratory excavations performed under the direction of a Soils Engineer or Engineering Geologist. This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must be restored to existing conditions, unless approved by the Building Official.
6. An excavation that is not within a known landslide area and is less than 50 cubic yards (38.3 m3) and complies with one of the following conditions:
a) Is less than 2 feet (610 mm) in depth, or
b) Does not create a cut slope greater than 5 feet (1524 mm) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than 2 units horizontal to 1 unit vertical (50% slope).
7. A fill not intended to support a structure and that is not within a known landslide area and which does not obstruct a drainage course and complies with one of the following conditions:
a) is less than 1 foot (305 mm) in depth and is placed on natural terrain with a slope flatter than 5 units horizontal to 1 unit vertical in (20% slope), b) is less than 3 feet (914 mm) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, and does not exceed 50 cubic yards and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50% slope), or
c) is less than 5 feet (1524 mm) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, and does not exceed 20 cubic yards and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50% slope). 20 8. Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
J103.3 Unpermitted Grading. A person shall not own, use, occupy or maintain any site containing unpermitted grading. For the purposes of this Code, unpermitted grading shall be defined as any grading that was performed, at any point in time, without the required permit(s) having first been obtained from the Building Official, pursuant to Section 103.1.
J103.4 Availability of Permit at Site. No person shall perform any grading for which a permit is required under this chapter unless a copy of the grading permit and approved grading plans is in the possession of a responsible person and available at the site.
J103.5 Grading Plan Review, Inspection and Permit Fees. Fees shall be assessed in accordance with the provisions set forth in the City of Santa Barbara’s most currently adopted fee schedule.
J103.6 Grading Security. The Building Official may require a security in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. If required, a permit shall not be issued for grading unless the owner posts with the Building Official a security in one of the following forms:
1. A bond furnished by a corporate surety authorized to do business in this state.
2. A cash bond.
3. Savings and loan certificates or shares deposited and assigned to the City of Santa Barbara.
21 4. An instrument of credit from a financial institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the grading are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.
5. Where unusual conditions or special hazards exist, the Building Official may require security for grading involving less than 1,000 cubic yards (764.6 m3). Security required by this Section may include incidental off-site grading on property contiguous with the site to be developed, provided written consent of the owner of such contiguous property is filed with the Building Official.
6. The Building Official may waive the requirements for a security for:
a) Grading being done by or for a governmental agency.
b) Grading necessary to remove a geotechnical hazard, where such work is covered by an agreement and security posted pursuant to the provisions of the City’s "Subdivision Ordinance”.
c) Minor grading on a site, not exceeding a slope of 3 horizontal to 1 vertical, provided such grading as determined by the Building Official will not affect drainage from or to adjacent properties.
d) Filling of holes or depressions, provided such grading will not affect the drainage from or to adjacent properties, or affect a rare, threatened or endangered species or its habitat, or other sensitive habitat.
J103.6.1 Amount of Security. The amount of security shall be based on the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices or work necessary to eliminate geotechnical hazards.
That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as follows:
1. 100,000 cubic yards or less - 50 percent of the estimated cost of grading work.
2. Over 100,000 cubic yards - 50 percent of the cost of the first 100,000 cubic yards plus 25 percent of the estimated cost of that portion in excess of 100,000 cubic yards.
3. When the rough grading has been completed in conformance with the requirements of this code, the Building Official may at his or her discretion consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the Building Official.
J103.6.2 Conditions. All security shall include the conditions that the principal shall:
1. Comply with all of the provisions of this code, applicable laws, and ordinances;
2. Comply with all of the terms and conditions of the grading permit; and 22 3. Complete all of the work authorized by the permit.
J103.6.3 Term of Security. The term of each security shall begin upon the filing thereof with the Building Official and the security shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official.
J103.6.4 Default Procedures. In the event the owner or the owner's agent shall fail to complete the work or fail to comply with all terms and conditions of the grading permit, it shall be deemed a default has occurred. The Building Official shall give notice thereof to the principal and security or financial institution on the grading permit security, or to the owner in the case of a cash deposit or assignment, and may order the work required to complete the grading in conformance with the requirements of this code be performed. The surety or financial institution executing the security shall continue to be firmly bound under an obligation up to the full amount of the security, for the payment of all necessary costs and expenses that may be incurred by the Building Official in causing any and all such required work to be done. In the case of a cash deposit or assignment, the unused portion of such deposit or funds assigned shall be returned or reassigned to the person making said deposit or assignment.
J103.6.5 Right of Entry. The Building Official or the authorized representative of the surety company or financial institution shall have access to the premises described in the permit for the purpose of inspecting the work.
In the event of default in the performance of any term or condition of the permit, the surety or financial institution or the Building Official, or any person employed or engaged in the behalf of any of these parties, shall have the right to go upon the premises to perform the required work.
The owner or any other person who interferes with or obstructs the ingress to or egress from any such premises, of any authorized representative of the surety or financial institution or of the City of Santa Barbara engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor.
SECTION J104 PERMIT APPLICATION AND SUBMITTALS
J104.1 Submittal requirements. In addition to the provisions of Sections J106 and J107, the applicant shall state the estimated quantities of excavation and fill.
J104.2 Site plan requirements. In addition to the provisions of Section J106, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code.
J104.2.1 Grading Designation. Grading in excess of 5,000 cubic yards or for the support of a structure shall be performed in accordance with the approved grading plan prepared by 23 a civil engineer, and shall be designated as “engineered grading.” Grading involving less than 5,000 cubic yards (3825 m3) shall be designated “regular grading” unless the permittee chooses to have the grading performed as engineered grading, or the Building Official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.
J104.2.2 Regular Grading Requirements. In addition to the provisions of Section J106 and Section J104.2, an application for a regular grading permit shall be accompanied by three sets of plans in sufficient clarity to indicate the nature and extent of the work. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications.
Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Each sheet of each set of plans shall give location of the work, the name and address of the owner, and the person by whom they were prepared.
The plans shall include, but shall not be limited to, the following information:
1. A vicinity map showing the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.
4. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 100 feet of the property in any direction.
5. Erosion/Sedimentation, all relevant storm water pollution prevention measures, and dust control provisions are required to be shown on the grading plan in accordance with the requirements of Sections J110, J111 & 112 of this appendix.
J104.2.3 Engineered Grading Requirements. In addition to the provisions of Sections J104.2 and J106, an application for an engineered grading permit shall be accompanied by specifications and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the Building Official.
Specifications shall contain information covering construction and material requirements. 24 Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Each plan drawing shall give location of the work, the name and address of the owner, and the person by whom they were prepared.
In addition to the plans required for Regular Grading Permits, the plans for Engineered Grading Permits shall include, but shall not be limited to, the following information:
6. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.
7. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference.
8. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports.
9. A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from the site.
10. A statement of the estimated starting and completion dates for work covered by the permit.
11. A statement signed by the owner acknowledging that a field engineer, soils engineer and engineering geologist, when appropriate, will be employed to perform the services required by this code, whenever approval of the plans and issuance of the permit are to be based on the condition that such professional persons be so employed.
12. Erosion/Sedimentation, Storm water, and dust control provisions are required to be shown on the grading plan in accordance with the requirement of sections J110, J111 & J112 of this appendix.
13. A drainage plan for that portion of a lot or parcel to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs and fences that may affect drainage.
14. Location and type of any proposed private sewage disposal system. 25 15. Location of existing utilities and drainage facilities and recorded easements. (public and private).
16. Location of all flood zones as designated and defined in Title 44, Code of Federal Regulations.
J104.3 Soils Engineering Report. The soils engineering report required by Section J104.2.2 shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. All reports shall conform with the requirements of this Code and shall be subject to review by the Building Official. Supplemental reports and data may be required as the Building Official may deem necessary. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plan or specifications.
J104.4 Engineering Geology Report. The engineering geology report required by Section J104.2.2 shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. The engineering geology report shall include a geologic map and cross sections utilizing the most recent grading plan as a base.
All reports shall conform with the requirements of this Code and shall be subject to review by the Building Official. Supplemental reports and data may be required as the Building Official may deem necessary. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plan or specifications.
Exception: A soils engineering or engineering geology report is not required where the Building Official determines that the nature of the work applied for is such that a report is not necessary.
J104.5 Liquefaction study. A geotechnical investigation may be required when the proposed work is a “Project” as defined in California Public Resources Code section 2693, and is located in an area designated as a “Seismic Hazard Zone” as defined in Title 14, Section 3722 of California Code of Regulations on Seismic Hazard Zone Maps issued by the State Geologist under Public Resources Code section 2696.
Exception: A liquefaction study is not required where the Building Official determines from established local data that the liquefaction potential is low.
SECTION J105 INSPECTION
J105.1 General. Grading inspections shall be governed by Section J105 of this Appendix J as indicated herein and by the Santa Barbara Municipal Code 22.85 (Erosion and Sedimentation Control Standards for Construction) and 22.87 (Storm Water Management).
Grading operations for which a permit is required shall be subject to inspection by the Building Official, City Creeks Division and/or the City Engineer depending upon the hazards that the 26 grading presents. Private professional inspection of grading operations shall be provided by a licensed Civil Engineer, Soils Engineer and/or the Engineering Geologist retained to provide such services in accordance with this Section for engineered grading and as required by the Building Official.
All field inspections of grading that are recommended by the Project Engineer or required by the Building Official shall be specifically called out on the cover sheet of the plans where the other special inspections are noted.
J105.2 Special and Supplemental inspections. The special inspection requirements of Section 1704 shall apply to work performed under a grading permit where required by the Building Official. In addition to the called inspections specified in Section J105, the Building Official may make such other inspections as may be deemed necessary to determine that the work is being performed in conformance with the requirements of this code. Investigations and reports by an approved soil testing agency, Soils Engineer and/or Engineering Geologist, and Field Engineer may be required. Inspection reports shall be provided when requested by the Building Official.
Inspection of drainage devices by the Field Engineer in accordance with this section may be required when the Building Official determines the drainage devices are necessary for the protection of the structures in accordance with this code.
J105.3 Field Engineer Inspections. When required, the field engineer shall provide professional inspection within such engineer’s area of technical specialty, oversee and coordinate all field surveys, set grade stakes, and provide site inspections during grading operations to ensure the site is graded in accordance with the approved grading plan and the appropriate requirements of this code. During site grading, and at the completion of both rough grading and final grading, the field engineer shall submit statements and reports required by Sections J105.11 and J105.12. If revised grading plans are required during the course of the work, they shall be prepared by a Civil Engineer and submitted to the Building Official for review and approval by the Building Official.
J105.4 Soils Engineer Inspections. When required, the Soils Engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The Soils Engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the Building Official and the Field Engineer.
J105.5 Engineering Geologist Inspection. When required, the Engineering Geologist shall provide professional inspection within such engineer’s area of technical 27 specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.
J105.6 Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code. The permittee shall engage project consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the project consultants, the contractor and the Building Official. In the event of changed conditions, the permittee shall be responsible for informing the Building Official of such change and shall provide revised plans for approval.
J105.7 Building Official Inspections. The Building Official shall be called to inspect the project site at the stages of work shown below. Failure to obtain City inspection approval before covering the work may result in any or all of the following: Issuance of an administrative citations without first having to issue a notice of violation, re-inspection fees, and/or excavation/uncovering of the uninspected work.
1. Pregrade. Before any construction or grading activities occur at the site; the permittee shall schedule a pre-grade inspection with the Building Official. The permittee is responsible for coordinating that all project consultants are present at the pre-grade inspection. All pre-grading storm water pollution prevention and erosion/sedimentation measures must be in place and ready for inspection.
2. Initial. When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched or otherwise prepared for fill. No fill shall have been placed prior to this inspection. All storm water pollution prevention and erosion/sedimentation measures shall be updated and installed.
3. Rough. When approximate final elevations have been established; drainage terraces, swales and other drainage devices necessary for the protection of the building sites from flooding are installed; berms installed at the top of the slopes; and the statements required by Section J105.12 have been received.
4. Interim. The permit applicant shall request inspections from the City prior to covering elements of the permanent (post-construction) storm water pollution prevention system(s).
5. Final. When grading has been completed; all drainage devices necessary to drain the building pad and project site are installed; slope planting established, irrigation systems installed; and the as-graded plans and required statements and reports have been submitted and stamped approved by the Building Official.
J105.8 Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the Field Engineer, the Soils Engineer or the Engineering Geologist 28 finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies and corrective measures which should be taken shall be reported immediately in writing to the permittee and to the Building Official.
J105.9 Transfer of Responsibility. If the Field Engineer, the Soils Engineer, or the Engineering Geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the Building Official in writing of such change prior to the recommencement of such grading.
J105.10 Non-inspected grading. No person shall own, use, occupy or maintain any noninspected grading. For the purposes of this code, non-inspected grading shall be defined as any grading for which a grading permit was first obtained, pursuant to Section J103, supra, but which has progressed beyond any point requiring inspection and approval by the Building Official without such inspection and approval having been obtained.
J105.11 Routine Field Inspections and Reports. Unless waived by the Building Official, routine inspection reports shall be provided by the Field Engineer for all engineered grading projects. The Field Engineer shall file these reports, with the Building Official as follows:
1. Bi-weekly during all times when grading of 400 cubic yards or more per week is active on the site;
2. Monthly, at all other times; and
3. At any time when requested in writing by the Building Official.
Such reports shall certify to the Building Official that the Field Engineer has inspected the grading site and related activities and has found them in compliance with the approved grading plans, the building code, grading permit conditions, storm water pollution prevention measures, and other applicable ordinances and requirements.
J105.12 Completion of work. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required to be delivered to the Building Official before final inspection approval:
1. An as–built grading plan prepared by the Field Engineer retained to provide such services in accordance with Section J105.3 showing all plan revisions as approved by the Building Official. This shall include original ground surface elevations, as–graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities, all installed components of post-construction storm water pollution prevention systems, and the outlets of subsurface drains. Post-construction storm water pollution prevention system components can also be certified by the project Qualified Storm Water Developer (QSD) and forwarded to the City by the Field Engineer. As– constructed locations, elevations and details of subsurface drains shall be shown as 29 reported by the soils engineer.
2. The Field Engineer shall state in a report to the Building Official, that to the best of their knowledge, the grading work was done in accordance with the final, City approved, grading plan.
3. A report shall be prepared by the Soils Engineer, retained to provide such services in accordance with Section J105.4. That report shall include:
a. Locations and elevations of field density tests
b. Summaries of field and laboratory tests
c. Other substantiating data
d. Comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report
e. A statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter. The report shall contain a finding regarding the safety of the completed grading and any proposed structures subject to a known landslide, settlement, or slippage hazard.
4. A report shall be prepared by the Engineering Geologist, retained to provide such services in accordance with Section J105.5. That report shall include:
a. A final description of the geology of the site
b. Any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan and their anticipated effect on any post-construction storm water pollution prevention system(s).
c. A statement that, to the best of their knowledge, the grading work is in accordance with the approved engineering geologist report, applicable provisions of this chapter, and any City approved as–built plans and specifications.
J105.13 Notification of completion. The permittee shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion–control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted and approved.
SECTION J106 EXCAVATIONS
J106.1 General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section.
In the absence of an approved soils engineering or engineering geology report, these provisions may be waived, as approved by the Building Official, for minor cuts not 30 intended to support structures nor subject to a surcharge.
J106.2 Maximum slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 2 units horizontal in 1 unit vertical (50% slope) unless the permittee furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property in conformance with the requirements of Section J111. The Building Official may require the excavation to be made with a cut face flatter in slope than 2 units horizontal to 1 unit vertical if the Building Official finds it necessary for stability and safety.
J106.3 Slope Surface Protection. All slopes must be stabilized against surface erosion. Stabilization may be accomplished through the application of erosion control blankets, soil stabilizers or other means as approved by the Building Official.
J106.4 Drainage. Drainage, including drainage terraces and overflow protection, shall be provided as required by Section J109.
SECTION J107 FILLS
J107.1 General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report and if approved by the Building Official, these provisions may be waived for minor fills not intended to support structures.
J107.2 Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 2 units horizontal in 1 unit vertical (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than 5 units horizontal in 1 unit vertical (20% slope) and the height is greater than 5 feet, benching into sound bedrock or other competent material shall be provided as a minimum in accordance with Figure J107.2 or as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than 5 units horizontal in 1 unit vertical (20% slope) shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet wide but the cut shall be made before placing the fill and acceptance by the Soils Engineer or Engineering Geologist or both as a suitable foundation for fill.
31 FIGURE J107.2 BENCHING DETAILS
J107.3 Subdrains. Except where recommended by the Soils Engineer or Engineering Geologist as not being necessary, subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such sub- drainage systems shall be of a material and design approved by the Soils Engineer and acceptable to the Building Official, City Engineer and/or City Creeks Division Manager according to the relevant hazards present. The permittee shall provide continuous inspection during the process of subdrain installation to conform with approved plans and Engineering Geologist’s and Soils Engineer’s recommendation. Such inspection shall be done by the soil testing agency. The location of the subdrains shall be shown on a plan by the Soils Engineer. Excavations for the subdrains shall be inspected by the Engineering Geologist when such subdrains are included in the recommendations of the Engineering Geologist
J107.4 Fill Material. Detrimental amounts of organic material shall not be permitted in fills.
Unless approved by the Building Official, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.
EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement 32 and approves the fill stability. The following conditions shall also apply:
1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.
2. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically.
3. Rocks shall be placed so as to assure filling of all voids with well–graded soil.
4. The reports submitted by the soils engineer shall acknowledge the placement of the oversized material and whether the work was performed in accordance with the engineer's recommendations and the approved plans.
5. The location of oversized rock dispersal areas shall be shown on the as- built plan.
J107.5 Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density. Fills shall be compacted throughout their full extent to a minimum relative compaction of 90 percent of maximum dry density within 40 feet below finished grade and 93 percent of maximum dry density deeper than 40 feet below finished grade, unless a lower relative compaction (not less than 90 percent of maximum dry density) is justified by the soils engineer.
The relative compaction shall be determined by A.S.T.M. soil compaction test D1557 where applicable. Where not applicable, a test acceptable to the Building Official shall be used, unless the owner furnishes a soils engineering report conforming with the requirements of Section J104.3, stating that the site has been investigated and giving an opinion that a fill at a steeper slope will be stable and not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the Building Official determines that such information is necessary to verify the stability and safety of the proposed slope. The Building Official may require the fill slope be constructed with a face flatter in slope than two horizontal to one vertical if the Building Official finds it necessary for stability and safety.
Field density shall be determined by the Sand Cone Method unless another method is specifically required by the Civil Engineer of record or the City official responsible for public safety.
Fill slopes steeper than 2 units horizontal to 1 unit vertical shall be constructed by the placement of soil a sufficient distance beyond the proposed finish slope to allow compaction equipment to operate at the outer surface limits of the final slope surface. The excess fill shall be removed prior to completion or rough grading. Other construction procedures may be utilized when it is first shown to the satisfaction of the Building Official that the angle of slope, construction method and other factors will accomplish the intent of this Section.
J107.4 Maximum Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 2 units horizontal in 1 unit vertical (50% slope).
J107.5 Slopes to Receive Fill. Where fill is to be placed above the top of an existing slope steeper than 3 units horizontal to 1 unit vertical, the toe of the fill shall be set back from the top 33 edge of the slope a minimum distance of 6 feet measured horizontally or such other distance as may be specifically recommended by a Soil Engineer or Engineering Geologist and approved by the Building Official.
J107.6 Inspection of Fill. For engineered grading, the Soils Engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and compaction of the fill to be satisfied that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this chapter. In addition to the above, the Soils Engineer shall be present during the entire fill placement and compaction of fills that will exceed a vertical height or depth of 30 feet (9144 mm) or result in a slope surface steeper than 2 units horizontal to 1 unit vertical.
J107.6 Testing of Fills. Sufficient tests of the fill soils shall be made to determine the density thereof and to verify compliance of the soil properties with the design requirements, including soil types and shear strengths in accordance with the standards established by the Civil Engineer of record and approved by the Building Official.
SECTION J108 SETBACKS
J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks.
J108.2 Top of slope. The setback at the top of a cut slope shall not be less than that shown in Figure J108.1, or than is required to accommodate any required interceptor drains, whichever is greater.
34 FIGURE J108.1
DRAINAGE DIMENSIONS
35 J108.3 Toe of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm). Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the Building Official, shall be included. Such protection may include but shall not be limited to:
1. Setbacks greater than those required by Figure J108.1.
2. Provisions for retaining walls or similar construction.
3. Erosion protection of the fill slopes.
4. Provision for the control of surface waters.
J108.4 Alternate Setbacks. The Building Official may approve alternate setbacks. The Building Official may require an investigation and recommendation by a qualified Civil Engineer or Geologist to demonstrate that the intent of this section has been satisfied.
SECTION J109 DRAINAGE AND TERRACING
J109.1 General. Unless otherwise recommended by a registered design professional, and approved by the Building Official, drainage facilities and terracing shall be provided in accordance with the requirements of this Section and Santa Barbara Municipal Code 22.87 (Storm Water Management).
Exception: Drainage facilities and terracing only need not be provided where the ground slope is not steeper than 3 horizontal to 1 vertical (33 percent). Compliance with Santa Barbara Municipal Code 22.87 remains applicable.
J109.2 Drainage Terraces. Drainage terraces and their drainage systems shall be designed by a licensed Civil Engineer and approved by the Building Official. Suitable access shall be provided to permit proper cleaning and maintenance. Downdrains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal as defined in Section J109.5.
J109.3 Interceptor drains and overflow protection. Berms, interceptor drains or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of a slope. Discharge from the drain shall not create a nuisance condition.
J109.4 Drainage across property lines. Surface drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. 36 J109.5 Disposal. All drainage facilities shall be designed in accordance with J109.5 and Chapters 22.85 and 22.87 of this Code. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. De-silting basins, filter barriers or other methods, as approved by the Building Official and/or the Public Works Director, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipater may be required.
Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities, a public street or drainage structure approved to receive storm waters unless waived by the Building Official. A lesser slope may be approved by the Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the building official finds such modification will not result in unfavorable drainage conditions. 37 SECTION J110 SLOPE PLANTING AND EROSION CONTROL
J110.1 General. Under no circumstances will the observable erosion of one parcel be allowed to enter the boundaries of another parcel or public way. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall consist of effective planting, erosion control blankets, soil stabilizers or other means as approved by the Building Official.
Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion-resistant character of the materials as determined by the project Geologist and approved by the Building Official.
SECTION J111 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) COMPLIANCE
J111.1 General. All grading plans and permits shall comply with the provisions of this section for NPDES compliance including the owner of any property on which grading has been performed and which requires a grading permit under Section J103.
J111.2 Erosion/Sedimentation Control Plan (ESCP). No grading permit shall be issued unless the plans for such work include an Erosion/Sedimentation Control Plan, that conforms to the Erosion/Sedimentation Control Policy of the City of Santa Barbara’s Building & Safety Division, with details of best management practices, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to control construction-related pollutants which originate from the site as a result of construction related activities. Sites which have been graded and which requires a grading permit under Section J103 are subject to penalties and fines per Section J111.4 All best management practices shall be installed before grading begins. As grading progresses, all best management practices shall be updated as necessary to prevent erosion and control constructed related pollutants from discharging from the site. All best management practices shall be maintained in good working order to the satisfaction of the Building Official unless final grading approval has been granted by the Building Official and all permanent drainage and erosion control systems, if required, are in place.
J111.4 Erosion/Sedimentation Control Plan, Effect of Noncompliance. Should the owner fail to install the best management practices required by Section J111.2, it shall be deemed that a default has occurred under the conditions of the grading permit security. There upon, the Building Official may enter the property for the purpose of installing, by City forces or by other means, the drainage, erosion control and other devices shown on the approved plans, or if there are no approved plans, as the Building Official may deem necessary to protect adjoining property from the effects of erosion, flooding, or the deposition of mud, debris or constructed related pollutants, or the Building Official may cause the owner to be prosecuted as a violator of this Code or may take both actions. The Building Official shall have the authority to issue administrative penalties pursuant to as Santa Barbara Municipal Code 1.25 upon determining that the site is non-compliant. Payment of penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution 38 of the work.
If the best management practices for storm water pollution prevention are not installed as prescribed in Section J111.2 and approved by the Building Official, the following penalties shall be imposed:
Grading Permit Volume Penalty:
1--10,000 cubic yards (1--7645.5 m3) = $500.00 per day per violation 10,001--100,000 cubic yards (7646.3--76455 m3) = $750.00 per day per violation More than 100,000 cubic yards (76455 m3) = $1,000.00 per day per violation NOTE: See Section J108 for inspection request requirements.
SECTION J112 DUST CONTROL
Santa Barbara County Air Pollution Control District's dust control measures identified as “Construction Impact Mitigation: PM10 Mitigation Measures” in SBCAPCD's “Scope and Content of Air Quality Sections in Environmental Documents” shall be adhered to during all ground disturbing activities.
SECTION J113 REFERENCED STANDARDS
These regulations establish minimum standards and are not intended to prevent the use of alternate materials, methods or means of conforming to such standards, provided such alternate has been approved.
The Building Official shall approve such an alternate provided he or she finds that the alternate is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, durability and safety.
The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate.
The standards listed below are recognized standards. Compliance with these standards is mandatory unless specifically exempted by the Building Official.
1. Testing.
39 a) ASTM D 1557, Laboratory Characteristics Compaction of Soil Using Modified Effort
b) ASTM D 1556, Density and Unit Weight of Soils In Place by the Sand Cone Method
c) ASTM D 2167, Density and Unit Weight of Soils In Place by the Rubber-- Balloon Method
d) ASTM D 2937, Density of Soils in Place by the Drive--Cylinder Method e) ASTM D 2922, Density of Soil and Soil Aggregate In Place by Nuclear Methods
f) ASTM D 3017, Water Content of Soil and Rock in Place by Nuclear Methods SECTION 3. Section 22.04.025 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.25 Amendments to California Residential Code
The 2022 California Residential Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.025.
A. Section R105.2 is amended to read as follows:
Section R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (Note - For work, other than work involving, or accessory to, detached one- and two-family dwellings or townhouses, see Section 105 of the 202219 California Building Code as amended):
Building:
1. One-story detached residential accessory structures used as tool and storage sheds, playhouses, portable and fixed playground equipment, bicycle or skateboard ramps and similar uses, provided the floor area does not exceed 120 square feet and the height does not exceed 10 feet at the highest point; and further provided the structure does not encroach into required setbacks or required open yards, does not obstruct required parking, and is not served by any utilities. The combined square footage of exempt accessory structures may not exceed 200 square feet on any single parcel.
2. Residential fences and walls not over 3 ½ feet high, as measured from the lowest adjacent grade of the fence or wall, and that such fence or wall will not adversely affect drainage or cause erosion.
3. Residential retaining walls, and non-retaining walls, including masonry and concrete walls, which are not over 4 feet in height as measured from the bottom of the footing to the top of the wall, and that such wall will not support a surcharge, will not adversely affect drainage or cause erosion and is not located on a slope greater than 20%. 40 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
5. New, replaced or altered uncovered residential platforms, decks, porches, walks, patios, flatwork (other than parking areas and driveways) that are not more than 10 inches above adjacent grade, and not over any basement or story below, and not part of the means of egress from a normally occupied interior space.
6. Interior painting, papering, tiling, carpeting, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24” deep.
8. Ground mounted radio, television and other masts or antenna or dish shaped communication reception or transmitting structures less than 3 feet in diameter, which do not extend more than 15 feet above grade and are not served by electrical circuits regulated under the National Electrical Code NEC). Light- weight roof-mounted radio, television, and other masts or antenna or dish shaped communication reception or transmitting structures less than 2 feet in diameter, which do not extend more than 15 feet above the roof, are not served by electrical circuits regulated under the NEC, and which are not subject to design review by the Architectural Board of Review, Historic Landmarks Commission, or Single Family Design Board.
Electrical:
therefore.
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets
3. Replacement of branch circuit over current devices of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
41 4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds or less of refrigerant or that are actuated by motors of 1 horsepower or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
B. Section R105.5 “Expiration” is amended to read as follows:
R105.5 Expiration. Unless extended by the Building Official, every permit issued shall become invalid without notice provided when the following occurs:
1. The work on the site, authorized by such permit, is not commenced within 180 days of the permit issuance date, or
2. During any period of more than 180 days after permit issuance, the work on site does not receive a City Inspection approval for any one of the inspections found in Section 110.3
Prior to the permit expiration above, when requested in writing, the Building Official may grant administrative permit extensions for circumstances out of the permit holder’s control that caused the construction to stop. However, no permit will be active for more than 6 years.
C. Section R112 “Board of Appeals” is deleted and replaced with the following:
R112.1 General. Appeals of orders, decisions, or determinations made by the Building Official shall be addressed in accordance with the provisions of Section 113 of the 2 0 2 2 California Building Code as amended by the City of Santa Barbara in Section
22.04.020 of this Code.
D. Section R115 “Post-Damage Assessment” is added to read as follows:
E. R115 Post-Damage Assessment. After a disaster, residential buildings subject to this Code shall be assessed for damage and placarded in accordance with Chapter 22.09 of this Code.Section R304.4 “Efficiency Dwelling Units” is added to read as follows:
R304.4 Efficiency Dwelling Units. Unless modified by local ordinance pursuant to Health and Safety Code Section 17958.1, efficiency dwelling units shall comply with the following:
42 1. The unit shall have a living room of not less than 220 square feet (20.4 m2) of floor area. An additional 100 square feet (9.3 m2) of floor area shall be provided for each occupant of such unit in excess of two.
Exception:
Notwithstanding the provisions of subsection 1 above, for projects constructed or operated by a nonprofit or governmental agency offering housing at an Affordable Housing Cost to Lower Income Households (as those terms are defined in sections 50052.5 and 50079.5 of the California Health and Safety Code), the City may permit efficiency dwelling units for occupancy by no more than two persons who qualify as either very low or low income households where the units have a minimum useable floor area, (excluding floor area in the kitchen, bathroom and closet), of not less than 150 square feet. In all other respects, such efficiency dwelling units shall conform to the minimum standards specified in this code.
2. The unit shall be provided with a separate closet.
3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
F. Section R313.1 “Townhouse automatic fire sprinkler systems” is amended to read as follows:
R313.1 Townhouse and one- and two-family dwelling automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in new townhouses and one- and two- family dwellings.
R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses and one- and two- family dwellings shall be designed and installed in accordance with Section R313.3 or NFPA 13D.
G. Section R313.2 “One- and two- family dwellings automatic fire sprinkler systems” is amended to read as follows:
43 R313.2 City of Santa Barbara Local Requirements. Approved sprinkler systems shall be provided throughout a building in connection with the projects or changes of occupancy listed in this Section R313.2.2 or as specified elsewhere in this Section R313, whichever is more protective.
R313.2.1 Additions to or Remodels of Single Family Residences, Duplexes and Townhouses. Sprinklers are required for the addition of floor area to, or the modification or alteration of the interior of, an existing building that contains a Group R, Division 3 occupancy and townhouses, where the floor area of the portion of the building that is added, modified, or altered exceeds 75% of the existing floor area of the building. For purposes of this section, all modifications or alterations to an existing building that occur after September 11, 2009 shall be counted in the aggregate toward the 75% threshold measured against the floor area of the building.
R313.2.2 Computation of Square Footage. For the purposes of this Section R313, the floor area of buildings shall be computed in accordance with the definition of “Floor area, Gross” provided in Section 202 of the 202219 California Building Code.
R313.2.3 existing use. Except as provided in this Section R313, any building in existence at the time of the effective date of the ordinance adopting this section may continue with such use if such use was legal at the time.
H. Section R337.1.1 “Scope” is amended to read as follows:
R337.1.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings, remodels or additions to existing buildings located within a Wildland-Urban Interface Fire Area as defined in Section R337.2 and R337.1.3.1 Item #3.
I. Section R337.1.3 “Application” is amended to read as follows:
R337.1.3. Application. New buildings, remodeled buildings or additions to existing buildings in any Fire Hazard Severity Zone or Wildland-Urban Interface Area designated by the enforcing agency constructed after the application date shall comply with this chapter.
Exception: Accessory and/or Group U occupancy buildings may be exempted from all or portions of this chapter upon approval of the Fire code official and/or Chief Building Official.
J. Section R337.5 “Roofing” is amended to read as follows:
R337.5 Roofing
R337.5.1 General. Roofs shall comply with the most restrictive requirements of Sections R337 and R902. Roofs shall have a roofing assembly installed in accordance with its listing and manufacturers installation instructions. 44 R337.5.2 Roof Coverings. Roof coverings on new buildings shall be class A noncombustible in accordance with adopted CRC Standards or otherwise as may be approved by the Chief Building Official. Roof coverings shall be class A or noncombustible fire retardant materials on existing buildings and additions or repairs to existing buildings. Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20% of the existing roof is being replaced within a two (2) year period, provided such replacement roofing is fire retardant treated wood shakes or shingles. Green” or “Vegetated” roofs shall not be used in the Wildland-Urban Interface Fire Area.
R337.5.3 Roof Valleys. Where valley flashing is installed, the flashing shall be not less than 0.019-inch (0.48 mm) No. 26 gage galvanized sheet corrosion-resistant metal installed over not less than one layer of minimum 72 pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying with ASTM D 3909, at least 36-inch wide (914 mm) running the full length of the valley.
R337.5.4 Roof Gutters. Roof gutters shall be provided with an approved means to prevent the accumulation of leaves and debris in the gutter. All roof gutters and downspouts shall be constructed of non-combustible materials.
R337.5.5 Drip Edge Flashing. When drip edge flashing is used at the free edges of roofing materials, it shall be non-combustible.
K. Section R337.6.2 “Requirements” is amended to read as follows:
R337.6.2 Requirements. Ventilation openings for enclosed attics, enclosed eave soffit spaces, enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters, and underfloor ventilation openings shall be fully covered with metal wire mesh, vents, other materials, or other devices that meet the following requirements:
1. The dimensions of the openings therein shall be a minimum of 1/16th inch (1.6 mm) and shall not exceed 1/8th inch (3.2mm).
2. The materials used shall be noncombustible.
Exception to item #2: Vents located under the roof covering, along the ridge of roofs, with the exposed surface of the vent covered by noncombustible wire mesh, may be of combustible materials.
3. The materials used shall be corrosion resistant.
4. Individual ventilation openings shall not exceed 144 square inches.
5. Turbine attic vents shall be equipped to allow one-way direction rotation only and shall not free spin in both directions.
6. Ventilation openings protected with vent openings that resist the intrusion of flame and embers, and which are listed by the State Fire code official, are exempt from complying with this sub-section.
45 L. Section R337.8.2 “Exterior glazing” is amended to read as follows:
R337.8.2 Exterior glazing. The following exterior glazing materials and/or assemblies shall comply with this section:
1. Exterior windows and/or skylights.
2. Exterior glazed doors.
3. Glazed openings within exterior doors.
4. Glazed openings within exterior garage doors.
5. Exterior structural glass veneer.
M. Sections R341 and R342 are added as follows:
R341. Encroachments into the Public Right of Way. Encroachments into the public right of way shall comply with the standards of Chapter 32 of the California Building Code.
R342. Safeguards During Construction. Provisions for pedestrian safety during construction and the protection of adjacent public and private properties shall be governed by the requirements of Chapter 33 of the California Building Code.
N. Section R401.4 “Soils tests” is amended to read as follows:
R401.4. Soils Reports/Geotech Investigations. A Soils Report or Geotechnical Investigation shall be required as outlined in Section 1803 of the 2022 California Building Code.
Exceptions:
1. Single-story additions with less than a 500 sq. ft. “footprint” and that are less than 50% of the existing structure they are attached to.
2. Second story additions to an existing slab on grade structure that does not require new footings.
3. Detached “U” Occupancy Category buildings.
O. Section 401.5 “Grading” is added to read as follows:
R401.5 Grading. All grading, excavations and earthwork, including work required and/or related to structures regulated by this code, shall comply with Appendix J “Grading” of the 202219 California Building Code as amended.
P. Section R403.1.2 “Continuous footing in seismic design categories D0, D1 and D2” is amended to read as follows:
R403.1.2 Continuous footing in seismic design categories D0, D1 and D2. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous footings. All required interior braced wall 46 panels in buildings shall be supported by continuous footings regardless of the spacing of the brace wall lines.
O. Section R403.1.5 “Slope” is amended to read as follows:
R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding one unit vertical in ten units horizontal (10- percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed one unit vertical in ten units horizontal (10-percent slope).
For structures located in Seismic Design Categories D0, D1, D2, and E, stepped footings shall be reinforced with four ½-inch diameter (12.7 mm) deformed reinforcing bars. Two bars shall be placed at the top of the footing and two bars shall be placed at the bottom of the footing.
R. Section R404.2 “Wood foundation walls” is amended to read as follows:
R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures 403.l(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Categories D0, D1, D2, and E.
S. Sections R902.1–R902.1.3 of the “Roofing covering materials” section are amended to read as follows:
R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roof shall be installed in areas designated by this section. Classes A and B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
R902.1.1 Roof Coverings within Very-High Fire Hazard Severity Zones. The roofing and re-roofing requirements of structures within Very-High Fire Hazard Severity Zones shall be the same as is required for Wildland-Urban Interface Fire Area, as defined in Section R337.2 and R337.1.3.1 Items #2 and #3.
R902.1.2 “Roof coverings within state-responsibility areas” is deleted in its entirety without replacement.
R902.1.3 Roof coverings in all other areas. The roof covering or roofing assembly of any new building or the re-roofing of any existing building shall be no less than Class B. Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20% of the existing roof is being replaced within a two-year period, provided such replacement roofing is fire retardant treated wood shakes or shingles. 47 Exception: In the High Fire Hazard District, roof coverings shall be in accordance with Section R337 as amended.
T. Section R905.10.1 “Deck Requirements” is amended to read as follows:
R905.10.1 Deck Requirements. Metal roof panel roof coverings shall be applied to a solid or closely fitted deck, except where the roof covering is specifically designed to be applied to spaced supports. Metal roof panel coverings shall not be installed over combustible shingles or shakes.
U. Appendix AXV - is amended to read as follows:
AV100 Private Swimming Pools. Private swimming pools shall be constructed in accordance with the 202219 California Building Code, Section 3109.
SECTION 4. Section 22.04.030 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.30. Amendments to California Plumbing Code.
The 202219 California Plumbing Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.030.
A. Section 104.4.3 “Expired Permits” is amended to read as follows:
104.4.3 Expired Permits. Permits shall expire in accordance with Section 105.5 of the 202219 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
B. Section 104.5 “Fees” is amended to read as follows:
104.5 Fees. Fee payments, fee schedules, work commencing prior to permit issuance, related fees and refunds shall be in accordance with 202219 California Building Code Section 109.
C. Section 107 “Board of appeals” is amended to read as follows:
107 Board of Appeals. Appeals of orders, decisions, or determinations made by the Building Official shall be addressed in accordance with the provisions of Section 113 of the 202219 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
D. Section 301.6.1 “County as Local Health Authority” is added to read as follows:
48 301.6.1 County as Local Health Authority. Pursuant to the application of section 301.6, the Santa Barbara County Environmental Health Department is the Local Health Authority.
E. Section 423 “Fountains” is added to read as follows:
423 Fountains. All fountains and other decorative bodies of water of any depth shall be equipped with a recirculation system, an approved Reduced Pressure Principle Backflow Prevention Assembly (RP) and shall be designed to operate without a continuous supply of water.
F. Section 424 “Vehicle Wash Facilities” is added to read as follows:
424 Vehicle Wash Facilities.
All vehicle wash facilities using conveyors, touchless and/or rollover in-bay technology shall reuse a minimum of fifty percent (50%) of water from previous vehicle rinses in subsequent washes.
Vehicle wash facilities using reverse osmosis to produce water rinse with a lower mineral content, shall incorporate the unused concentrate in subsequent vehicle washes.
All hoses pipes and faucets designed for the manual application of water to vehicles at vehicle wash facilities shall be equipped with a positive shut-off valve designed to interrupt the flow of water in the absence of operator applied pressure.
G. Section 603.1 “General” is amended to read as follows:
603.1 General. Cross-connection control shall be provided in accordance with the provisions of this chapter and Sections 7583 through 7630 “Drinking Water Supplies” of Title 17 of the California Administrative Code, and where there is a conflict between the requirements, the higher level of protection shall apply.
No person shall install any water-operated equipment or mechanism, or use any watertreating chemical or substance, if it is found that such equipment, mechanism, chemical, or substance causes pollution or contamination of the domestic water supply. Such equipment or mechanism shall be permitted only when equipped with an approved backflow prevention device or assembly.
H. Section 608.2 “Excessive Water Pressure” is amended to read as follows:
608.2 Excessive Water Pressure. Regardless of the pressure at the main, all occupancies served by the City of Santa Barbara Water Resource Division shall be equipped with an approved pressure regulator preceded by a strainer (unless a strainer is built into the device). Any irrigation system or other secondary piping that bypasses 49 said regulator shall be equipped with its own approved pressure regulator and strainer, installed upstream of any piping, backflow device, valve, solenoid or outlet. Such regulator(s) shall control the pressure to all water outlets in the building unless otherwise approved by the Authority Having Jurisdiction. Each such regulator and strainer shall be accessibly located above ground or in a vault equipped with a properly sized and sloped bore-sighted drain to daylight, shall be protected from freezing, and shall have the strainer readily accessible for cleaning without removing the regulator or strainer body or disconnecting the supply piping. Pipe size determinations shall be based on 80 percent of the reduced pressure when using Table 610.46-6. An approved expansion tank shall be installed in the cold water distribution piping downstream of each such regulator to prevent excessive pressure from developing due to thermal expansion and to maintain the pressure setting of the regulator. The expansion tank shall be properly sized and installed in accordance with the manufacturer's instructions and listing. Systems designed by registered engineers shall be permitted to use approved pressure relief valves in lieu of expansion tanks provided such relief valves have a maximum pressure relief setting of one hundred (100) pounds per square inch (689 kPa) or less.
I. Sections 710.14 “Sewage Pump Signaling Device” and 710.15 “Approved Type Backwater Valve” are added to read as follows:
710.14 Sewage Pump Signaling Device. Specially designed sewage disposal systems which depend upon a sewage lift pump or ejector for their operation shall be provided with an approved audible signaling device to warn building occupants in the event of pump failure. 710.15. Approved Type Backwater Valve. When the valuation of an addition, alteration, or repair to a building exceeds $1,000.00 or when additions, alterations, or repairs are made to the plumbing system or fixtures and a permit is required, an approved backwater valve shall be installed in accordance with Section 710.0 of this Code.
Exception: The following work is allowed without the installation of a Backwater Valve:
1. Repairs to the exterior surface of a building.
2. The installation of solar photo voltaic energy systems
3. The installation of electrical vehicle charging systems
4. Domestic water heater equipment replacements
5. Residential electrical panel board replacement/upgrades
6. Other work as deemed exempt in writing by the Chief Building Official J. Section 713.2 “Connection to Public Sewage System” is amended to read as follows:
713.2 Connection to Public Sewage System. When no public sewer intended to serve any lot or premises is available in any thoroughfare or right of way abutting such 50 lot or premises, drainage piping from any building or works shall be connected to an approved private sewage disposal system.
Approved private systems may be used until a public system is available. Upon written notice by the Chief Building Official to the record owner of title, such private systems shall be abandoned in accordance with the provisions of Section 722.0 of this code and permits to connect to the public system must be secured.
SECTION 5. Section 22.04.040 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.40 Amendments to the California Mechanical Code.
The 202219 California Mechanical Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.040.
A. Section 104.5 “Fees” is amended to read as follows:
104.5 Permit fees. Fee payments, fee schedules, work commencing prior to permit issuance, related fees and refunds shall be in accordance with 202219 CBC Section 109.
B. Section 104.4.3 “Expired Permits” is hereby is amended to read as follows:
104.4.3 Expired Permits. Permits shall expire in accordance with Section 105.5 of the 202219 California Building Code as amended by the City of Santa Barbara in Section
22.04.020
C. Section 107 “Board of Appeals” is hereby is amended to read as follows:
107 Board of Appeals. Appeals of orders, decisions, or determinations made by the Authority Having Jurisdiction shall be addressed in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section
22.04.020.
SECTION 6. Section 22.04.050 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.50. Amendments to the California Electrical Code.
The 202219 California Electrical Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.050.
50 A. Article 90.4.1 added to read as follows:
90.4.1 Administration. This code shall be administered in accordance with Chapter 1 of the 202219 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
SECTION 7. Section 22.04.060 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.60 Amendments to the 202219 California Green Building Standards Code The 202219 California Green Building Standards Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.060.
A. Section 4.304.2 “Fountains” is added to read as follows:
4.304.2 Fountains. All residential fountains and other decorative bodies of water of any depth directly plumbed by potable water, on a single parcel of land, shall not exceed a total water surface area of twenty five square feet.
B. Section 5.304.7 “Fountains” is added to read as follows:
5.304.7 Fountains. All non-residential fountains and other decorative bodies of water of any depth directly plumbed by potable water, on a single parcel of land, total water surface area shall not exceed twenty five square feet.
SECTION 8. Section 22.04.070 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.70 Amendments to the 202115 International Property Maintenance Code The 202115 International Property Maintenance Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.070.
A. Section 101.1 “Title” is amended to read as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Santa Barbara, hereinafter referred to as “this code”.
B. Section 101.2 is amended to add the following exception:
Exception: Where this Code conflicts with the State Housing Law beginning in State Health and Safety Code Section 17910, the requirements of the State Housing Law shall govern.
51 C. Section 103.1 is amended to read as follows:
103.1 General. The City Building and Safety Division unit is hereby appointed to enforce this code. The City’s Chief Building Official will serve as the Code Official.
D. Sections 103.2 -103.35 are deleted without replacement.
Section 107 “Means of Appeal” is amended to read as follows:
107 Means of Appeal. Appeals of orders, decisions, or determinations made by the Code Official shall be addressed in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
E. Section 108 “Board of Appeals” is amended to read as follows:
108 Board of Appeals. The Board of Appeals shall be in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
F. Section 110.4 “Failure to Comply” is amended to read as follows:
110.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed by the Code Official to perform to remove a violation or unsafe condition, may be assessed a citation as outlined in Santa Barbara Municipal Code Section 1.25.
DG. Section 111.1 108.1 “Unsafe ConditionsGeneral” is amended to read as follows:
111.1 108.1 General Unsafe Conditions. When a structure or equipment is found by the Code Official to be unsafe, unfit for human occupancy, or unlawful, such structure or equipment shall be placarded pursuant to section 111.7 108.4 of this code.
H.Section 111.3 “Record” is amended to read as follows:
1 1 1 . 3 Record.Official records associated with a violation that is subject to the application of this code shall be retained by the City.
DI. Section 111.7 108.4 “Placarding” is amended to read as follows:
111.7 108.4 Placarding. Pursuant to conditions found in sections 111.1.1, 111.1.2, 52 111.1.3, and 111.8 of this code, the Code Official shall post, on the subject premises, structure or equipment a placard stating either “Unsafe” or “Limited Entry”. Such placard shall include the penalty for violating the conditions of the placard and reference to the appeals process of section 113 of 202219 California Building Code as amended by the City of Santa Barbara in Section 22.04.020 of this Code.
GJ. Section 111.9 108.6 “Restoration or Abatement” is amended to add the following exception:
Exception: Similar to the State Public Resources Code 5028:
(a) No structure that is listed on the National Register of Historic Places, on the California Register of Historic Places, or on any local public register of historic places, and that has been damaged due to a disaster, including, but not limited to, an earthquake, fire, or flood, may be demolished, destroyed, or significantly altered, except for restoration to preserve or enhance its historical values, unless the structure presents an imminent threat to the public of bodily harm or of damage to adjacent property. (b) The City’s Building & Fire Code Board of Appeals and the City’s Historic Landmarks Commission, shall hold a joint meeting, to determine whether a structure meeting the requirements set forth in subdivision (a) shall be demolished, destroyed, or significantly altered. That determination shall be based upon the extent of damage to the structure, the total cost of rehabilitating or reconstructing the structure, the structure’s historical significance, and any other factor deemed to be relevant. In making that determination, the recommendation of a City certified historic preservation expert shall be considered. A determination should be issued no later than 30 days after the meeting..
H. Section 108.7 “Record” is amended to read as follows:
108.7 Record. Official records associated with a violation that is subject to the application of this code shall be retained by the City. 53 . Section 111 “Means of Appeal” is amended to read as follows:
111 Means of Appeal. Appeals of orders, decisions, or determinations made by the Code Official shall be addressed in accordance with the provisions of Section 113 of the 2019 California Building Code as amended by the City of Santa Barbara in Section
22.04.020.
J. Section 112.4 “Failure to Comply” is amended to read as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed by the Code Official to perform to remove a violation or unsafe condition, may be assessed a citation as outlined in Santa Barbara Municipal Code Section 1.25.
K. Section 302.4 “Weeds” is amended to read as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12”. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
L. Section 304.14 “Insect Screens” is amended to read as follows:
304.14 Insect screens. Regardless of the season of the year, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fittings screens of minimum 12 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.
M.Section 602.2 “Residential Occupancies” is amended to read as follows:
602.2 Residential Occupancies. Regardless of the season of the year, dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68ºF (20ºC) in all habitable rooms. Cooking appliances shall not be used, nor shall 54 portable unvented fuel-burning space heaters be used, as a means to provide required heating.
N.J. Section 602.3 “Heat Supply” is deleted without replacement.
O.K. Section 602.4 “Occupiable Work Spaces” is deleted without replacement.
SECTION 9. Section 22.04.080 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is deleted without replacement.
SECTION 10. Whenever in this Ordinance or in any of the codes adopted by reference hereby, another code or publication of standards or of rules or regulations is referred to, such reference shall incorporate and adopt by reference such other codes, standards or rules or regulations as part of this ordinance. A copy of said primary and secondary codes are on file and shall be maintained for public inspection by the Chief Building Official as provided in Title 5, Division 1, Part 1, Chapter 1 of the California Government Code while this Ordinance is in force.
SECTION 11. Ordinance Number 59195780 repealed upon the effective date of this ordinance.
SECTION 12. The provisions of this ordinance shall take effect at 12:01 a.m. on January 1, 2023.
1 ATTACHMENT 4
Santa Barbara City Fire Department
2021 International Fire Code / 2022 California Fire Code Adoption Summary of Amendments
October 11, 2022
MC = Municipal Code, CFC = International or California Fire Codes # Chapter/Section Title Concept Type(new,
existing
CFC / MC
deleted or
revised)
Findings
1. Chapter 1
Division II / Sec
103 & 103.1
Fire Prevention
Bureau
Updates International Code language referring
to “Prevention Department”; replaces with
“Fire Prevention Bureau”.
Existing,
updated
CFC / MC
Na, Administrative
2 Chapter 1,
Division II / Sec.
103.3.1
Fire Prevention
Bureau Personnel
and Police
Part of the organization of the Fire Prevention
Bureau, carried over from the existing code,
citing authority of fire code officials.
Existing,
CFC / MC
Na, Administrative
3 Chapter 1 Div II
Sec.
104.11
Fire Investigations Existing language from the 2022 California Fire Code, with minor word changes for clarity,
citing authority to investigate.
Existing,
CFC / MC
Na, Administrative
4 Chapter 1/
Division II
Sec.111
Means of Appeals Base code appeal sections, deleted to allow for local appeals sections as amended, below.
Deleted Na, Administrative
5 Chapter 1/
Division II. Sec
112.4
Violation
Penalties
Completes the IFC section 110 by describing
violations of the code as a misdemeanor,
consistent with current language. Minor
section number change.
Existing,
CFC / MC
Na, Administrative
6 Chapter 1/
Division II Sec.
115.1 through
115.1.7
Building and Fire
Code Board of
Appeals
Adopts local provisions for a joint Building and
Fire Code Board of appeals. Companion
section to California Building Code. Note: This
code language is identical to adoption
language in California Building Code sections
113 but renumbered as 111 in the Fire Code
due to existing unrelated sections in the Fire
Existing,
Modified
CFC / MC,
Na, Administrative
2 Code. Board of Appeals language changes
are intended to streamline the process and
further define the board as a seven qualified
members who are not employees of the City of
Santa Barbara and who serve four year terms.
New language also specifies that in matters
involving CBC Chapters 11A and 11B that at
least three members of the board be
physically disabled.
On October 8 2019, Ordinance Committee
directed staff to prepare additional appeals
language that allowed a final appeal to City
Council.
On October 22, 2019 staff returned with the
draft and Ordinance Committee voted to
include it for review by Council with the rest of
the ordinance. The duplicate language
appears as §115.1.6 in the Fire Code and
113.1.1 in the Building Code adopting
ordinances.
Modifies number of Board Members to form a
Quorum from 5 to 4
7 Chapter 3 /
307.1.1
Prohibited Open
Burning
Maintains a previously deleted section
authorizing the Fire Code Official to prohibit
open burning when atmospheric or local
conditions make such fire hazardous when
smoke emissions become offensive or
objectionable.
NA NA, Chapter 3 Not building
standards and not adopted by
the State of California. All of
Chapter 3 contains important
Fire Code Maintenance
sections concerning ordinary
ignition hazards.
8 Chapter 3 /
Section 308.1.4
Open Flame
cooking devices
Deleted and new sections added below as in
the 2019 adoption, making the International
Code carryover sections more practical.
Existing,
MC
NA, Chapter 3 Not building
standards and not adopted by
the State of California.
8 Chapter 3 /
Section
308.1.4.1
Open Flame
cooking Devices
Existing section in the local code, again
amending the CFC. IFC 308.1.4, which
prohibited charcoal barbeques on most
apartment patio’s and decks within 10 feet of
any combustible element, a section that is
unenforceable. Not adopted by the state.
MC /
Existing
NA, Chapter 3 Not building
standards and not adopted by
the State of California.
9 Chapter 3 /
Section
308.1.4.1
Liquefiedpetroleum gas Amends the section to allow standard sized (5 gallon) propane barbeques on apartment
decks / balconies.
MC /
Existing
NA, Chapter 3 Not building
standards and not adopted by
the State of California.
3 fueled cooking
devices.
10 Chapter 3/
Section 317.1.1
Rooftop Gardens
and Landscaped
Roofs
Maintains the Fire Department standard
prohibiting vegetated roofs in the High Fire
Hazard areas in Chapter 3. This section was
added when it was found that vegetated roofs,
also known as “Green Roofs” while generally
desirable, were not appropriate for High Fire
Hazard Areas. Vegetation that is actually
attached to the structure in this way is a
transmission hazard if not scrupulously
maintained and may tend to add fuel to an
oncoming wildfire. The section has no effect
on green roofs in other parts of the city.
Existing NA, Chapter 3 Not building
standards and not adopted by
the State of California.
11 Chapter 4 Emergency
Planning and
Preparedness
As in 2019, this chapter not adopted either
locally or at the state level. Chapter 4 conflicts
with or duplicates state regulations (Title 19) in
several sections; has additional requirements
in conflict with or not desirable under local
conditions.
Deleted NA, Chapter 4 Not building
standards and not adopted by
the State of California or by this
jurisdiction.
12 Chapter 5 /
Section 503.1
through 503.4
Fire Apparatus
Access Roads
Amends the access sections to meet existing
local requirements of 20 feet in width for
commercial and 16 feet in width for residential
to within 150 feet of exterior walls. Minor
changes to the exceptions allowed for the 150
foot requirement, adding language to #1 that
maintains current local standards for grade,
cross slope turning radius and dead ends.
Existing,
CFC / MC,
minor
revisions
This section is reasonably
necessary to accommodate fire
apparatus in both the existing
environment and new
construction, in conformance
with Climatic finding A and
Topographical findings A, B and
C.
13 Chapter 5 /
503.5, 503.1.1
and 503.5.2
Secured Gates
and barricades
Maintains one section amended in 2016 one
added to the access roadways, dealing with
the closure of certain roadways due to fire
danger. Minor revisions to the “tampering” with
locked gates section and the new section
prohibits parking vehicles in a manner that
blocks closed gates. Sec. 503.5.2 contains
State mandated language pertaining to fences
and gates at schools.
Existing
MC
This section is reasonably
necessary to accommodate fire
apparatus in both the existing
environment and new
construction, in conformance
with Climatic finding A and
Topographical findings A, B and
C.
14 Chapter 5 /
Section 505.1.1
Premise
Identification,
Mixed use
occupancy
Refers to local municipal code section
8.04.030 regarding mixed use occupancy
signs to clarify that they are required in both
existing and new construction. The purpose is
Existing
MC
This section is reasonably
necessary due to the potential
for increased response times
outlined in Geological conditions
4 to decrease response time by notifying first
responders of the presence of residential units
in an otherwise commercial looking structure.
A and B, potential response
issues outlined in Topographical
Conditions A and B, and the
need to quickly identify and
render aid to trapped or injured
victims in residential
occupancies that are not
immediately apparent.
15 Chapter 5 /
Section 505.3
Directory Maintains the existing requirement for a
project directory when required by the fire
code official. Minor wording changes.
Existing
MC
This section is reasonably
necessary due to the potential
for increased response times
outlined in Geological conditions
A and B, potential response
issue outlined in Topographical
conditions outlined in
Topographical Conditions A and
B, and the need to quickly
identify and render aid to
trapped or injured victims in
residential occupancies that are
not immediately apparent.
16 Chapter 5 /
Section
507.through
507.5.6
Required Water
Supply
The basic fire flow requirements of Chapter 5
were adopted by the state, along with
Appendix B of the International; Code. The
state then leaves local jurisdictions to either
use Appendix B or any “approved method”
without further definition. These sections
outline the locally approved method and are a
readoption of our existing fire-flow
requirements for new construction. The
original IFC / CFC section 507 et. al is
therefore deleted and replaced with these
corresponding sections to detail the locally
approved methods.
Existing
MC
This section is reasonably
necessary due to the potential
for water supply challenges
based on Climatic Conditions A,
B and C, and Geological
conditions A and B.
17 Chapter 9 /
Section
903.2.22
through
903.2.22.8
Automatic Fire
Sprinkler Systems
The California Fire Code provisions in Chapter
9 are less stringent than our existing
requirements, in some cases allowing for
assembly occupancies up to 12,000 square
feet without sprinklers. Changes in Chapter 9
are similar to changes we made in 2007 when
Existing
MC, CFC,
CBC & Cal.
Residential
Code
This section is reasonably
necessary to ensure that
incipient fires are initially
controlled where possible
throughout the city on the event
that seismic activity overwhelms
5 we amended to code with local sprinkler
requirements, both commercial and later,
residential.
Once again this year the state divided
sprinkler requirements and assigned
residential sprinklers to the 2019 California
Residential Code. We therefore moved our
own residential sprinkler requirements to that
code, under Section R313. Our commercial
requirements remain in this chapter of both the
Fire and Building Codes.
existing suppression resources
or impacts response times.
Experience has shown that
sprinkler systems have the
capacity to control or extinguish
fires at an early stage, often
eliminating the threat. This can
be critical where later utility
disruptions further delay first
responders. This section
therefore applies to Climatic
Conditions B C and D and
Geological Conditions A and B.
18 Chapter 9 /
Section
907.2.27
Exceptions and
Modifications
Based on stakeholder input at meetings
following Ordinance Committee in 2019;
allows the fire code official to grant exceptions
and modifications where hardship or
substantial difficulty make strict compliance
with a sprinkler section impractical.
Existing This section allows the fire code
official to modify previous
sections based on findings and
as such is not subject to the
findings themselves.
19 Chapter 9 /
Section
907.2.30
Fire Alarm
Detection
Systems
This section maintains a minor revision of our
existing requirement for an automatic
detection fire alarm in mixed use occupancies.
We first authored this section in response to
the proliferation of residential units above
commercial occupancies throughout the city.
The concept is to alert the residents in the
event of a fire condition in the business
occupancies below, especially at night when
the business is closed.
Existing,
MC, CFC
This section is reasonably
necessary due to the potential
for increased response times
outlined in Geological conditions
A and B, potential response
issue outlined in Topographical
conditions outlined in
Topographical Conditions A and
B, and the need to quickly
identify and render aid to
trapped or injured victims in
residential occupancies that are
not immediately apparent.
22 Chapter 49 /
Sections 4901
through
4909.1.1
Requirements for
Wildland Interface
Areas
These sections were adopted in 2007 as
Chapter 47, which was later changed to
Chapter 49. Local sections have been
renumbered to match and supplement the
state’s adopted version of the code and are
unchanged from 2013. Also added is a
reference to the adoption of the 2004 Wildland
Fire Plan as the City of Santa Barbara
Existing
and minor
language
changes
MC
Chapter 49,The Wildland
Interface Amendments are
reasonably necessary to
respond to the wildland urban
interface threat in the city and
surrounding areas, based on
Climatic Conditions A, B D, and
C and Topographic conditions
A, B and C.
6 Community Wildfire Protection Plan (CWPP)
in 2011.
New language emphasizes CWPP as the
nomenclature for the Wildland Fire Plan. The
new CWPP is accompanied by a
programmatic Environmental Impact Report
(EIR) and includes both best practices and
recommended code sections for future
adoption. Additional language under 4907.9
requires the Fire Department to maintain lists
of both acceptable and prohibited plans for the
WUI, as referred by the CWPP. This allows for
the addition of plant species in future additions
without editing either the CWPP or the
ordinance.
23 Chapter 49/
Section
4906.1.2
Flammable
Vegetation
Clarifies language about landscape plants
installed without a permit and cause for
removal in the HFH areas.
existing Chapter 49,The Wildland
Interface Amendments are
reasonably necessary to
respond to the wildland urban
interface threat in the city and
surrounding areas, based on
Climatic Conditions A, B D, and
C and Topographic conditions
A, B and C.
24 Chapter 49
Section 4907
through
Vines and
Climbing
ornamentals
Addresses the maintenance of existing vines
and climbing plants attached to structures in
the HFH areas.
existing Chapter 49,The Wildland
Interface Amendments are
reasonably necessary to
respond to the wildland urban
interface threat in the city and
surrounding areas, based on
Climatic Conditions A, B D, and
C and Topographic conditions
A, B and C.
25 Chapter 56 /
5601.2
Explosives and
Blasting Agents
Maintains local amendments to Chapter 56
Maintains Santa Barbara’s prohibition of all
fireworks. Limits storage by Zone, excludes
most of the city. Storage is limited to the
industrial zone near the airport, by permit only.
Existing
MC
Chapter 56 Explosives and
fireworks amendments are
reasonably necessary to
minimize a conflagration that
has the potential to overwhelm
resources, in conformance with
Climatic Conditions A through
7 D, Topographical Conditions A
through C and Geological
Conditions A and B.
26 5601.3 and
5601.4
Fireworks,
Prohibition
State law allows for “safe and sane” fireworks.
Maintains the current prohibition on all
fireworks within the city limits, including safe
and sane. Provides for confiscation.
Existing
MC
Chapter 56 Explosives and
fireworks amendments are
reasonably necessary to
minimize a conflagration that
has the potential to overwhelm
resources, in conformance with
Climatic Conditions A through
D, Topographical Conditions A
through C and Geological
Conditions A and B.
27 Municipal Code
Section
8.04.030
A and B
Fire Prevention
Development
Standards
A) Fire Zone 2 allows for on-site water and
other requirements in areas where there is no
municipal water supply. B) Requires the mixed
use occupancy sign, which identifies the
presence of dwelling units for first responders
when a new building combines residential and
commercial occupancies. No Changes.
Existing
MC
The amendments to Municipal
Code sections 8.04.030
pertaining to on site water are
reasonably necessary to ensure
an adequate supply of
firefighting water in Wildland
areas pursuant to Climatic
conditions A, B, C and D; The
mixed use occupancy sign
standard to ensure that first
responders have adequate
signage to locate potential
victims pursuant to our
amendment to CFC 505.1.1
(above) and in response to the
potential for increased response
times outlined in Geological
conditions A and B; potential
response issues outlined in
Topographical Conditions A and
B, and the need to quickly
identify and render aid to
trapped or injured victims in
residential occupancies that are
not immediately apparent.
1 ATTACHMENT 5
ORDINANCE NO. ____
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
BARBARA AMENDING CHAPTER 8.04 OF THE MUNICIPAL
CODE AND ADOPTING BY REFERENCE THE 2021 EDITION
OF THE INTERNATIONAL FIRE CODE, INCLUDING
APPENDIX CHAPTER 4 AND APPENDICES B, BB, C, CC, AND
H OF THAT CODE, AND THE 2022 CALIFORNIA FIRE CODE
WITH LOCAL AMENDMENTS TO BOTH CODES.
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings.
Climatic Conditions
A. The City of Santa Barbara is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry winds, ("Sundowners") which may reach speeds of 60 m.p.h. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. In addition, the high winds generated often cause road obstructions such as fallen trees. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires. In addition to directly damaging or destroying buildings, these fires also disrupt utility services throughout the area. The City of Santa Barbara and adjacent front country have a history of such fires, including the 1990 Painted Cave Fire and the 1977 Sycamore Canyon Fire. In 2007, the City was impacted by the back country Zaca Fire and by the Gap fire in 2008. The Tea Fire destroyed over 150 homes within the City in November of 2008 and the Jesusita Fire destroyed homes and property in much of the Santa Barbara front country in May of 2009. In 2017, the Thomas Fire burned into the eastern part of the City which was followed by the catastrophic 1/9 Debris Flow in 2018, which affected Montecito and the Coast Village Road area of Santa Barbara, causing millions of dollars in damage and taking twenty-three lives.
B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Fire Department's ability to respond to a fire or emergency condition. When heavy rainfall follows a significant wildfire in the foothills, as in the Thomas Fire, the potential for flash floods, slides and debris flows is great. Such events may disrupt access, egress and utility services to buildings and facilities within the City.
C. Water demand in this area challenges the quantity supplied by natural precipitation and, although the population continues to grow, the already-taxed water supply does not. The estimated population of California in 2006 was more than 36 million people. The state is projected to increase in population by nearly 10 million by the year 2030, with 50 percent of that growth centered in Southern California. Due to storage 2 ATTACHMENT 5
capacities and consumption, and a limited amount of rainfall, future water allocation may not be fully dependable in many areas of the state. The City's core area continues to become more concentrated, with new multi-storied mixed-use structures whose occupants, along with the structures themselves, could be vulnerable to uncontrolled fires due to lack of available water. This necessitates the need for additional and on-site fire protection features.
D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems also reduce the use of water for firefighting by extinguishing fires at an early stage.
Climatic conditions also necessitate the implementation of additional measures to control the threat of overgrown vegetation in the wildland urban interface areas, commonly referred to as the high fire hazard areas of the City.
Topographical Conditions:
A. Natural slopes of 15 percent or greater generally occur throughout the foothills of Santa Barbara, especially in the High Fire Hazard areas such as the Foothill and Extreme Foothill zones. With much of the populated lower elevation areas already built upon, future residential growth is and will continue to occur on steeper slopes and in areas with greater constraints in terrain such as the Foothill and Extreme Foothill zones. Geographic and landuse constraints throughout the city have resulted in greater density along with a large number of mixed use projects, combining residential with commercial occupancies.
B. Traffic and circulation congestion is an ongoing problem throughout the region.
Traffic flow in and through Santa Barbara is limited by the transverse Santa Ynez Mountains, which provide limited passage to the north, and the Pacific Ocean to the south. The narrow corridor that Highway 101 occupies is subject to traffic delays under normal conditions and emergency events can render the highway impassable. This has the double effect of preventing traffic from leaving the City and potentially preventing emergency workers, who often live out of town, from entering. This condition existed for several days during the La Conchita slide in 2005 and it disrupted the return of City workers who live in the Ventura area.
At various times in the City's history, Highway 101 has also been closed north of the City due to mudslides, fires and flooding. The most recent and most disastrous example of this effect was the closure of both Highway 101 & 192, as well as numerous surface streets, during the 1/9 Debris Flow in 2018.
In addition, roads inthefoothills are narrow, often steep and vulnerable toemergency conditions. Some of the older roadways are below current access standards and pose challenges to responding emergency vehicles, especially fire engines. These challenges are exacerbated in the event of an evacuation, particularly in the Foothill and Extreme Foothill zones.
C. These topographical conditions combine to create a situation which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.
3 ATTACHMENT 5
Geological Conditions:
The City of Santa Barbara region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Known faults in the city include the Lavigia, North Channel Slope, Mesa and Mission Ridge-More Ranch faults. Additional faults near the city would also be capable of disruption of services, including fire protection. The Southern California Earthquake Center predicts that there is an 80-90% probability of a magnitude 7.0 earthquake somewhere in Southern California before the year 2024. Regional planning for reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.
A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989, Loma Prieta earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. In addition to gas mains, individual gas and electric service connections to residences may provide both fuel and ignition sources during a seismic event. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants.
B. Road circulation features located throughout Santa Barbara also make amendments reasonably necessary. There are major roadways, highways and flood control channels that create barriers and slow response times. Hills, particularly in the Foothill and Extreme Foothill zones, slopes, street and storm drain design accompanied by occasional heavy rainfall, cause roadway flooding and landslides and at times may make an emergency access route impassable, as they did in the 1/9 Debris Flow. Much of the City's foothill area, including Mountain Drive and Sycamore Canyon, are located in areas subject to geologic activity, as witnessed by the recent long term closure of Sycamore Canyon Road due to the slide potential.
The climatic, topographical, and geological conditions described above make it prudent to rely upon automatic fire sprinkler systems and other fire protection measures to mitigate extended fire department response times. Automatic sprinklers, mixed use notification signs, fire alarms and other measures specified in this Ordinance are intended to lessen life safety hazards and keep fires manageable with potentially reduced fire flow (water) requirements for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Santa Barbara City Fire Department. As California is subjected to the ongoing effects of climate change, local changes to climatic, topographic and geological conditions will likely pose a greater threat to disruption of services and loss of life and property.
4 ATTACHMENT 5
SECTION 2. Section 8.04.010 of Chapter 8.04 of Title 8 of the Santa Barbara Municipal Code is amended to read as follows:
8.04.010 Adoption of International Code by Reference.
Subject to the amendments specified in Section 8.04.020 of this Code, The International Fire Code, as published by the International Code Council (2021 Edition), including Appendix Chapter 4 and Appendices B, BB, C, CC and H; The 2022 California Fire Code (Title 24, Part 9 of the California Code of Regulations); and all standards and secondary codes referenced in said codes are adopted by reference and shall beknown as the City of Santa Barbara Fire Code.
Said codes and any standards and secondary codes adopted by reference and the amendments therein, are on file and available for public inspection in the office of the City Clerk.
SECTION 3. Section 8.04.020 of Chapter 8.04 of Title 8 of the Santa Barbara Municipal Code is amended to read as follows:
8.04.020 Amendments to International Fire Code.
In response to local climatic, geological and topographical conditions, The 2021 International Fire Code and the 2022 California Fire Code, as adopted by reference by in Section 8.04.010, are amended as follows:
A. Section 103 is hereby renamed: Fire Prevention Bureau and is amended as follows:
[A] 103.1 General. The Fire Prevention Bureau is established in the jurisdiction under the fire code official. The function of the division shall be the implementation, administration and enforcement of the provisions of this code.
[A]103.3.1 Fire prevention bureau personnel and police. The fire code official and members of the fire prevention bureau shall have the powers of a police officer in performing their duties under this code. When requested to do so by the fire chief, the chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code.
B. Section 104.11 "Fire investigations" is amended to read as follows:
[A] 104.11 Fire investigations. The fire code official is authorized to investigate promptly the cause, origin and circumstances ofevery fire, explosion or other hazardous condition occurring in the jurisdiction. In addition, the fire code official is authorized to investigate the cause, origin and circumstances of unauthorized releases of hazardous materials in the jurisdiction. If it appears to fire code official that such incidents are of suspicious origin, the fire code official is authorized to take immediate charge of all physical evidence relating to the cause of the fire, explosion, hazardous condition, or release and is authorized to pursue the investigation to its conclusion. [A]104.11.1 Assistance from other agencies. Police and other enforcement agencies are authorized to assist in the investigation of fires when requested to do soby the fire code official.
C. Section 111 "Board of Appeals" is deleted in its entirety without replacement.
D. Section [A] 112.4 "Violation penalties" is amended to read as follows:
[A] Section 112.4 Violation penalties. Persons who violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, 5 ATTACHMENT 5
repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor. Penalties shall be as prescribed by state law and local ordinance. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
E. Chapter 1, Division II of the International Fire Code is amended by adding Section 115 "Building and Fire Code Board of Appeals" to read as follows:
115.1 Board of Appeals.
In order to provide technical Code advice to the City's Building Official and fire code official, and to hear and decide appeals of orders, decisions or determinations made by the fire code official or Building Official relative to the application and interpretations of the technical codes, there shall be and is hereby created a Building and Fire Code Board of Appeals. This Board consists of 7 members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the jurisdiction. The Building and Fire Code Board of Appeals shall be appointed by the City Council and shall hold office on 4-year terms, without limit, at its pleasure. The Board is not empowered to waive requirements of the State Title 24 Codes.
The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official or Building Official.
115.1.1 Alternatives. The Board may consider any alternate provided that it finds that the proposed design, material, method, or work offered is, for the purpose intended is approvable per Section 104.11 ???? of this Code. The Board shall have no authority to waive the requirements of the applicable Code.
115.1.2 Appointments. The City Council shall appoint qualified individuals to an eligibility list. Appeals shall be scheduled before 7 members, provided that at least 3 members are physically handicapped when hearing items involving Chapter 11s 11A and 11B of the California Building and Fire Code.
115.1.3 Quorum. For other than appeals and ratifications relative to Chapter 11, it shall take a quorum of 5 members to hear an appeal and majority vote of the Board convened to sustain an appeal. Appeals and ratifications relative to the enforcement of Chapter 11, at least 2 of the Board members hearing the item must be physically disabled. (Ref: State Health & Safety Code, Section 19957.5)
115.1.4 Chairperson. The chairperson shall be selected annually by the convened Board. The chairperson shall maintain order and conduct the meeting in accordance with the California Brown Act. Section 113.1.7.
115.1.5 Meetings. The Board shall meet when needed to hear an appeal or when needed to transact business of the Board. Either the Building Official or the fire code official or their designee shall act as Secretary of the Board.
115.1.6 Board Decisions. The decision of the Building and Fire Code Board of Appeals shall be final on all matters of appeals and shall become an order to the Appellant, Chief Building Official or fire code official as may be appropriate. 115.1.7 Procedural Rules. Appeal hearings shall be conducted substantially in accordance with the following format:
1. Any person may appeal a decision of the Building Official or fire code official by filing a written appeal with the Building Official or fire code official within 10-days of the issuance of the written decision. The notice of appeal shall state the grounds for the appeal.
6 ATTACHMENT 5
2. No notice of appeal shall be accepted unless the notice is accompanied by the fee specified by resolution of the City Council.
3. Unless agreed to otherwise by the appellant and the Building Official or fire code official, all appeals shall be heard not less than 10-days and not more than 60-days from the date on which the Building Official or fire code official receives the written appeal.
4. The filing of a timely appeal with the Building Official or fire code official shall place a stay on further enforcement of the specific matter appealed, except for instances of immediate danger to life or property.
5. The Chairperson shall call the meeting to order.
6. The Chairperson shall note the Board members present for the minutes.
7. The Chairperson shall recognize the Building Official or fire code official for presentation of the appeal. The Building Official or the fire code official shall read his/her recommendation to the Board.
8. The Chairperson shall recognize the Appellant for presentation of rebuttals.
9. All witnesses must be called by either the Appellant or the Building Official or the fire code official and may be questioned as permitted by the Chair of this Board.
10. The Board may entertain comments from the public.
11. The Board may affirm, deny, or amend the decision of the Building Official or the fire code official.
12. The Board shall issue its decisions in writing and shall include a statement of the decision appealed, the decision of the Board and the findings made by the Board in reaching their decision.
13. The Chairperson shall adjourn the meeting at the end of business.
14. The Secretary shall prepare minutes for the record and shall serve as custodian of case records and said minutes.
15. This Board shall serve as the appeals boards defined in Section 1.8.8 and 1.9.1.5.
F. Chapter 3 of the International Fire Code is amended as follows:
307.1.1 Prohibited open burning. Opening burning that is offensive or objectionable because of smoke emissions or when atmospheric or local circumstances make such fires hazardous shall be prohibited.
1. Section 308.1.4 is deleted without replacement.
2. Section 308.1.4.1 is amended to read as follows:
7 ATTACHMENT 5
Section 308.1.4.1 Liquefied-petroleum gas fueled cooking devices. LP gas burners having an LP gas container with a water capacity greater than 25 pounds (5 Gallon) shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction.
Exception: One and two-family dwellings.
317.1 Rooftop Gardens and Landscaped Roofs. Rooftop gardens and landscaped roofs, also known as vegetated roofs, are prohibited in the High Fire Hazard areas.
G. Chapter 4 of the International Fire Code is deleted in its entirety without replacement.
H. Section 503 "Fire Apparatus Access Roads" is deleted in its entirety and readopted to read as follows:
503.1 Where Required. Fire Department access roads shall be provided and maintained in accordance with Sections 503.1.1and 503.1.3 503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus toads shall comply with the requirements of this section and shall extend to within 150 feet of (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Exception: The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler system and installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
2. Fire apparatus Roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternate means of fire protection is provided. 503.1.2 Additional Access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of the terrain, climatic conditions or other factors that could limit access.
503.1.3 High Piled Storage. Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions of Chapter 32. 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8.
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. If a fire apparatus access road serves three or fewer single-family residential units, the required width may be reduced to not less than 16 feet (4879 mm) upon the approval of the fire code official.
503.2.2 Authority. The fire code official is authorized to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. Such fire apparatus access roads shall be capable of supporting 60,000 pounds and shall be constructed of approved materials.
ATTACHMENT 5
503.2.4 Turning radius. The turning radius of roadways shall be no less than 70 feet in diameter measured from outer edge to outer edge. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 300 feet in length shall be provided with approved provisions for the turning around of fire apparatus. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official.
503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed a 16 % grade.
503.2.7.1 Cross-slope. The cross-slope gradient shall not exceed 6%. 503.2.8 Angle of Approach and Departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus.
503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. The minimum required widths and clearances established in Section 503.2.1 shall be maintained at all times. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates and other approved barricades across fire apparatus access roads, trails or other access ways, not including public streets, alleys or highways.
Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. 503.5.1.1 Vehicle obstruction. Entrances to roads, trails, or other access ways that have been closed with gates and barriers in accordance with Section 503.5 shall not be obstructed by parked vehicles, except for public officers acting within their scope of duty. 503.5.1.2 Closure of access ways. Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner except when authorized by the fire code official or by public officers acting within their scope of duty.
503.5.2 Fences and Gates. School grounds may be fenced and gates therein may be equipped with locks, provided that safe dispersal areas based on 3 square feet 8 9
ATTACHMENT 5
(0.28m2) per occupant are located between the school and the fence. Such required safe dispersal areas shall not be located less than 50 feet (15240 mm) from school buildings.
Every public and private school shall conform to Section 32020 of the Education Code.
I. Section 505 "Premises Identification" is amended to add Sections 505.1.1 and 505.3 to read as follows:
505.1.1 Mixed Use Occupancy Identification. Mixed use occupancy notifications signs shall be provided according to Municipal Code 8.04.030 (B). 505.3 Directory. For complexes and large buildings, an approved directory or premise map may be required at a location determined by the fire code official.
J. Section 507 "Fire Protection Water Supplies" is deleted in its entirety and readopted to read as follows:
507.1 Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Prior to development of a project, the fire code official may require the flow testing of fire hydrants adjacent to the proposed development in order to determine adequacy of fire flow.
507.2 Type of Water Supply. A water supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required flow.
507.2.1 Private fire service mains. Private fire service mains and appurtenance shall be installed in accordance with NFPA 24.
507.2.2 Water tanks. Water tanks for private fire protection shall be installed in accordance with NFPA 22.
507.3 Fire Flow. Fire Flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method or Appendix B. For the purposes of this section, an "approved water supply" shall mean the following:
1. Residential Requirement. All residential buildings containing ten (10) or less dwelling units shall be served by a fire flow of 750 gpm at a residual pressure of 20 psi when flowing. Fire-flow requirements may be modified downward by the fire code official for isolated buildings or the installation of approved fire protection devices, but in no case shall the fire flow be less than 500 gpm at a residual pressure of 20 psi. Residential buildings containing eleven (11) or more dwelling units shall be served by fire flows in compliance with the commercial requirements below.
2. Commercial Requirement. A fire flow of 1,250 gpm at a residual pressure of 20 psi when flowing will be required.
507.4 Water Supply Test. The fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the fire code official or approved documentation of the test shall be provided to the prior to final approval of the water supply system.
507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.1 through 507.5.6 or Appendix C of the International Fire Code. 507.5.1 Where Required, Commercial. Acommercial hydrant toSantaBarbara City standards must be located within 300 feet of all portions of a facility or building as measure by an approved route around the exterior ofthe facility or building. Where a portion of the facility or building is hereafter constructed or moved into or within the jurisdictionis more than 300 feet from a hydrant on a fire apparatus road, as measured by an approved 10 ATTACHMENT 5
route around the exterior of the facility or building, the fire code official may require on-site hydrants or another approved mitigation method.
507.5.1.1 Where Required, Residential. For Group R-3, Group U and Group R-2 occupancies containing ten (10) or less dwelling units, a residential hydrant to Santa Barbara City standards must be located within 500 feet of all portions of a facility or building as measure by an approved route around the exterior of the facility or building. Where a portion of the facility or building is hereafter constructed or moved into or within the jurisdiction is more than 500 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, the fire code official may require on-site hydrants or another approved mitigation method.
507.5.2 Inspection, Testing and maintenance. Fire hydrant systems shallbe subject to such periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective.
Additions, repairs, alterations and servicing shall be in accordance with approved standards. 507.5.3 Private fire service mains and water tanks. Private fire service mains and water tanks shall be periodically inspected, tested and maintained in accordance with Title 19 California Code of Regulations Chapter 5.
507.5.4 Obstruction. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.
507.5.5 Clear space around hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved.
507.5.6 Physical protection. Where fire hydrants are subject to impact by a motor vehicle, guard posts or other approved means shall comply with Section 312.
K. Section 903.2 "Where required" is amended to add Section 903.2.22 to read as follows:
903.2.22 Local Requirements. Approved automatic sprinkler systems shall be installed throughout buildings and structures as specified elsewhere in this Section 903.2 or as specified in this Section 903.2.22, whichever is more protective. 903.2.22.1 New Buildings, Generally. The construction of a new building containing any of the following occupancies: A, B, E, F, H, I, L, M, R, Sor U.
Exceptions: A new building containing a Group U occupancy that is constructed in the City's designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area. A new building containing a U occupancy that is constructed outside the City's designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 5000 square feet of floor area.
903.2.22.2 NewBuildings intheHighFireHazardArea. The construction of any new building within the City's designated High Fire Hazard Area.
Exception: A new building containing a Group U occupancy that is constructed in the City's designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area. 11 ATTACHMENT 5
903.2.22.3 Additions to Buildings Other than Single Family Residences. The addition of floor area to an existing building that contains any occupancy other than Group R, Division 3.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition allowed under this exception will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.22.4.
903.2.22.4 Remodels of Buildings Other than Single Family Residences. The remodel or alteration of the interior of an existing building that contains any occupancy other than Group R, Division 3, where the floor area of the portion of the building that is modified or altered exceeds 50% of the existing floor area of the building. For purposes of this section, all modifications or alterations to an existing building that occur after September 11, 2009 shall be counted in the aggregate toward the 50% threshold measured against the floor area of the building. It shall be the responsibility of the building owner to install the sprinkler system throughout the building when the threshold has been exceeded.
Exception: Nothing in this section shall prevent the building owner from negotiating a written agreement with the tenant or tenants for allocating the cost of the sprinkler system in any proportion.
903.2.22.5 Change of Occupancy to a Higher Hazard Classification. Any change of occupancy in an existing building where the occupancy changes to a higher hazard classification.
Exception: For purposes of sprinklers only, the higher hazard classification will not be deemed to include low hazard assembly occupancies of 75 occupants or fewer. 903.2.22.6 Computation of Square Footage. For the purposes of this Section 903.2.19, the floor area of buildings shall be computed in accordance with the definition of "Floor area, Gross" provided in Section 1002.1 of the California Building Code. 903.2.22.7 Existing use. Any existing building not classified as Group R, Division 3, in existence at the time of the effective date of this code may have their use continued if such use was legal at the time. Additions to existing buildings shall require an automatic fire sprinkler system installed throughout, including areas not previously protected.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.20.4.
903.2.22.8 Exceptions and Modifications. Where hardship or substantial difficulty make strict compliance with a sprinkler section impractical, the fire code official is authorized to grant exceptions or modifications on an individual basis, pursuant to Section 104.8.
L. Section 907 "Fire Alarm and Detection Systems" is amended to add Section 907.2.30 to read as follows:
907.2.30 Mixed Use Occupancies. Where residential occupancies are combined with commercial occupancies, a fire alarm system shall be installed which notifies all occupants in the event of a fire. The system shall include automatic smoke detection 12 ATTACHMENT 5
throughout the commercial and common areas. In addition, a notification system shall be installed in a manner and location approved by the fire code official that indicates the presence of residential dwelling units in accordance with Municipal Code Section 8.04.030 B.
M. Section 4901 "General" is amended to read as follows:
Section 4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter.
In addition, this section is intended to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in Wildland Urban Interface Areas (WUI). The WUI is defined by the City of Santa Barbara Community Wildfire Protection Plan (CWPP), formerly the Wildland Fire Plan, and includes, but is not limited to, areas defined by the State of California as Very High Fire Hazard Severity Zones (VHFHSZ). Future revisions and updates to the City CWPP shall be incorporated into this Code by reference as best practices, whether or not adopted as mandatory code sections.
Section 4901.2 Purpose. The purpose of this code is to provide minimum standards to increase the ability of a building to resist the intrusion of flame or burning embers being projected by a vegetation fire and contributes to a systematic reduction in conflagration losses through the use of performance and prescriptive requirements. In addition, the purpose of this code is to prevent the occurrence of fires and to provide adequate fire- protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in the Wildland Urban Interface Area.
Section 4901.3 Policy. The policy direction for the City of Santa Barbara Wildland Urban Interface Area is established by the City of Santa Barbara Wildland Fire Plan, approved by City Council in January of 2004 and formally recognized as the CWPP in 2011.
N. Section 4902 "Definitions" is amended to add the definitions of "Spark Arrester'', "Tracer'', and "Tracer Charge" and to amend the definition of "Wildland-Urban Interface Fire Area" to read as follows:
Spark Arrester is defined as a device constructed of non-flammable materials specifically for removing and retaining carbon and other flammable particles over 0.0232 inches in size from the exhaust flow of an internal combustion engine operated by hydrocarbons.
Tracer is any bullet or projectile incorporating a feature which marks or traces the flight of said bullet or projectile by flame, smoke or other means which result in fire or heat.
Tracer Charge is any bullet or projectile incorporating a feature designed to create a visible or audible effect by means which result in fire or heat and shall include any incendiary bullets and projectiles.
Wildland-Urban Interface Area is a geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. The CWPP outlines the Wildland Urban Interface Area within the City of Santa Barbara's local jurisdiction.
For purposes of this code, Wildland Urban Interface Area and High Fire Hazard 13 ATTACHMENT 5
Area are interchangeable. Future updates and revisions to the City High Fire Hazard Area maps shall be incorporated by reference.
0. Section 4903 "Plans" is amended to read as follows:
4903.1 General. When required by the fire code official, a fire protection plan shall be prepared for parcels within the High Fire Hazard Area.
4903.2 Content. The plan shall be based on site specific wildfire hazard and risk assessment that includes considerations of location, topography, aspect, flammable vegetation, climatic conditions and fire history. The plan shall address water supply, access, building construction and fire-resistance factors, fire protection systems and equipment, evacuation, defensible space and vegetation management. The plan shall also address any off site factors listed above that affect the project area. 4903.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant.
4903.4 Plan retention. The fire protection plan shall be retained by the fire code official.
P. Section 4904 "Fire Hazard Severity Zones" is amended to add Section 4904.1.1 to read as follows:
4904.1.1 Local Land Classification. Lands in the local jurisdiction are classified by the Fire Code Official in accordance with the City of Santa Barbara.
Q. Section 4906 "Hazardous Vegetation and Fuel Management" is amended to add Section 4906.1.1 to read as follows:
4906.1.1 General. The City of Santa Barbara CWPP identifies vegetation management areas that pose an increased threat to the community during a wildland fire.
Within these areas the fire code official has the authority to work with property owners to reduce the amount of flammable vegetation outside the defensible space areas. These areas include both City and Private lands. Standards for vegetation management are specified in the City CWPP.
4906.1.2 Flammable Vegetation. Vegetation installed without an approved landscape plan shall be removed if in the opinion of the fire code official, it is capable of being ignited and endangering property
4906.3 New Development. New developments in the High Fire Hazard Area must submit Landscape Plans for review by the fire code official. Landscaping shall meet the High Fire Hazard Area Defensible Space Requirements outlined in the City of Santa Barbara CWPP. All landscape plant species must be fire resistant as described in the CWPP High Fire Hazard Area Landscape Requirements.
R. Section 4907 "Defensible Space" is amended by adding the following:
4907.1.1 General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall follow defensible space requirements outlined in 4907.1 through 4907.11. For purposes of this section, defensible space requirements shall apply to persons owning, leasing or controlling land with hazardous vegetation that is within the required defensible space of structures on adjacent properties. 4907.3 Distance Requirements: Maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 30 to 150 feet 14 ATTACHMENT 5
of such buildings or structures as outlined in the following zones;
1. Coastal Interior 30 to 50 feet brush clearance from structures
2. Coastal 50 to 70 feet brush clearance from structures
3. Foothill 100 feet brush clearance from structures
4. Extreme Foothill 150 feet brush clearance from structures Exceptions:
1. Single specimens of trees, ornamental shrubbery or similar plants used as ground covers do not have to be removed, provided they do not form a means of rapidly transmitting fire from the native growth to any structure.
2. Grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.
4907.4 Chimney Clearance. Remove portions of trees which extend within 10 feet (3048 mm) of the outlet of a chimney.
4907.5 Overhanging Trees. Maintain trees adjacent to or overhanging a building free of deadwood.
4907.6 Vines and Climbing Ornamental Plants: Existing vines and climbing plants attached to structures must be maintained in a well-watered condition, free of excessive dead material and trimmed to minimize fire propagation. 4907.7 Roof Debris. Maintain the roof and gutters of a structure free of leaves, needles or other dead vegetation.
4907.8 Additional Clearance Requirements. Within any High Fire Hazard Area additional brush clearance may be required on slopes greater than 30%. Slopes ranging between 30 and 40 % slope may require 200 feet clearance. Slopes ranging from 41 to 60% may require 250 to 300 foot clearance.
4907.9 High Fire Hazard Area Fire Safe Landscaping. All parcels in the High Fire Hazard Area must meet defensible space requirements as outline in 4907.1.
Defensible space requirements can be met though fire safe landscaping in accordance with The City of Santa Barbara CWPP High Fire Hazard Area Defensible Space and Landscape Requirements.
4907.10 Vegetation Road Clearance. The owner, occupant or other person in control of any real property (vacant or developed) in, upon, or adjoining hazardous fire areas, and the owner, occupant or other person in control of real property adjacent to such property shall:
1. Maintain an area cleared of flammable vegetation and other combustible growth for a distance of 10 feet on each side of portions of highways and private streets which are improved, designed or ordinarily used forvehicular traffic.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided they do not form a means of readily transmitting fire.
2. Maintain an area cleared of all overhanging vegetation for a vertical clearance of not less than 13 feet 6 inches within the full portion of highways andprivate streets which are improved, roadway and one foot (1 foot) on each side from the edge of the drivable roadway.
4907.11 Unusual Circumstances. If the fire code official determines that difficult terrain, danger or erosion or other unusual circumstances make strict compliance with the 15 ATTACHMENT 5
clearanceofvegetationprovisionsofSections4907undesirableorimpractical,enforcement thereof may be suspended and approved alternative measures shallbeprovided.
S. Section 4908 "Trespassing On Posted Property" is added to Chapter 49 to read as follows:
4911.1 General. When the fire code official determines that a specific area within the High Fire Hazard Area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure.
Such areas shall be posted as hereinafter provides.
4911.2. Signs. Approved signs prohibiting entry by unauthorized persons and referring to Section 4908.1 shall be placed on every closed area pursuant to this section. 4911.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.
Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.
4911.4 Tampering With Fire Department Locks, Barricades And Signs Locks, barricades, seals, cables, signs and markers installed within the High Fire Hazard Area, by or under the control of the fire code official, shall not be tampered with, mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or under the control of the fire code official shall not be unlocked.
T. Section 4912 "Ignition Sources" is added to Chapter 49 to read as follows:
4912.1 General. Control of ignition sources in the High Fire Hazard Area shall be in accordance with 4912.1 through 4912.13.
4912.2 Smoking. Lighting, igniting or otherwise setting fire to or smoking as defined in Title 9 of the Santa Barbara Municipal Code in public places in the High Fire Hazard Are is prohibited.
4912.3 Spark Arresters. Chimneys used in conjunction with fireplaces, barbeques or heating appliances in which solid or liquid fuels is used, upon buildings, structures or premises located within 200 feet of the High Fire Hazard Area, shall be provided with a spark arrestor constructed with heavy wire mesh or other non-combustible material with openings not to exceed 1/4 inch.
4912.4 Suppression Equipment for Gasoline-Fueled Internal Combustion Engines-Off Road Vehicles. No person shall use or operate any internal combustion engine which operates on hydrocarbon fuels on any forest, brush, or grass covered land without providing, and maintaining in good working order, a spark arrester attached to the exhaust system, except for motorcycles, vehicles equipped with a muffler as defined by the California Vehicle Code, such as motor trucks, truck tractors, buses, and passenger vehicles are not subject to the provisions of this section. Spark arresters affixed to the exhaust of engines shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
4912.5 Suppression Equipment For Gasoline-Fueled Internal Combustion Engines-Tools. No person shall use or operate any portable saw, auger, drill, tamper or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest, brush, grass covered land, within 25 feet from any flammable material without providing at the immediate location a round point shovel or a 2A 10 BC fire extinguisher. 16 ATTACHMENT 5
The above tools shall at no time be farther than 25 feet, with unrestricted access, from the operator to the point of operation.
4912.6 Tracer Bullets, Tracer Charges, Rockets And Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across wildland urban interface areas. Rockets, model airplanes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause fire shall not be fired or projected into or across the wildland urban interface area.
4912.7 Apiaries. Lighted and smoldering material shall not be used in connection with smoking bees in or upon the High Fire Hazard Area except by permit from the fire code official.
4912.8 Open Flame Devices. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon the High Fire Hazard Area except by permit from the fire code official.
Exception: Use within habited premises or designated campsites which are a minimum of 30 feet from grass, grain, brush or forested areas.
4912.9 Outdoor Fires. Outdoor fires shall not be built, ignited or maintained in or upon, the High Fire Hazard Area, except by permit from the fire code official. Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon the High Fire Hazard Area under the following conditions:
1. When high winds are blowing;
2. When a person age 17 or over is not present at all times to watch and tend fire;or
3. When the fire code official declares a Red Flag Warning. 4912.10 Outdoor Fireplaces and Barbeques. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material. Permanent barbeques outdoor fireplaces, portable barbeques and grills shall be a minimum of 30 feet from grass, grain, brush or forested areas, maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen, or door.
Exception: When approved, unprotected openings in barbeques and grills necessary for proper functioning.
4912.11 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, rubbish or combustible waste material shall not be placed, deposited or dumped in or upon the High Fire Hazard Area or in, upon or along trails, roadways or highways in the High Fire Hazard Area.
Exception: Approved public and private dumping areas.
4912.12 Disposal Of Ashes. Ashes and coals shall not be placed, deposited or dumped in or upon the High Fire Hazard Area.
Exception: (1) In the hearth of an established fire pit, camp stove or fireplace, (2) In a noncombustible container with a tight fitting lid, which is kept or maintained in a safe location not less than 10 feet from combustible vegetation or structures, (3) Where such ashes or coals are buried and covered with 1 foot of mineral earth not less than 25 feet from combustible vegetation or structures.
4912.13 Use Of Fire Roads And Firebreaks. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire 17 ATTACHMENT 5
roads or firebreaks beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owners. Vehicles shall not be parked in a manner which obstructs the entrance to a fire road or firebreak.
Exception: Public officers acting within their scope of duty.
U. Section 5601 "General" is amended to add Sections 5601.2, 5601.3, and 5601.4 to read as follows:
Section 5601.2 Explosives and Blasting Agents. Storage of explosives and blasting agents is restricted to the A-I (Airport Industrial) zone.
Section 5601.1.3 Fireworks. The manufacturing, possession, storage, sale, use and handling of fireworks are prohibited in the City of Santa Barbara.
Exceptions:
1. Storage and Handling of Fireworks as allowed in Section 5604.
2. Manufacture, testing and assembly of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.
3. The use of Fireworks for Fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.
Section 5601.7 Seizure: The fire code official is authorized to remove or caused to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this ordinance and Chapter 56.
SECTION 4. Section 8.04.030 of Chapter 8.04 of Title 8 the Santa Barbara Municipal Code is adopted to read as follows:
8.04.030 Fire Prevention Development Standards
A Fire Zone 2. Buildings or portions of buildings constructed within the boundaries of Fire Zone 2, as designated by the fire code official and shown on a map on file with the City Clerk and the Community Development Department, shall provide a ten thousand (10,000) gallon water tank to be used for fire protection purposes only, designed, installed and maintained in a manner approved by the fire code official, incorporating each of the following additional features in its construction:
1. All fire department access complies with the requirements of Section 503 of the International Fire Code (2021 Edition) as amended by this Chapter; and
2. All plantings used for landscaping within one hundred-fifty feet (150') of any structure must be fire resistant; and
3. All native brush, shrubs and grasses are kept cleared to within one hundred-fifty feet (150') of any structure; and
4. Residential fire sprinklers are installed in any building used for sleeping or cooking according to National Fire Protection Association Residential Standards.
B. Mixed Use Occupancy Notification System. Signs shall be installed in a manner and in locations approved by the fire code official indicating the presence of residential dwelling units in buildings of mixed-use occupancy. Required signs shall be clearly visible from the front of the building and conform to the following criteria:
ATTACHMENT 5
1. All signs shall begin with the letter R followed by a hyphen.
2. R - shall be followed by cardinal numbers denoting the floors containing dwelling units. Example: R-2 denotes dwelling units on the 2nd floor; R-2-3 denotes dwelling units on the 2nd and 3rd floors.
3. Letters shall have a minimum of 4" high with a 1/2" wide stroke.
4. Letters shall contrast to their background.
5. Letters on glass shall be in reflective tape.
6. In the event that dwelling units are added or removed from floors, the required sign shall be updated prior to the occupancy of the altered floor space.
Example:
R-2
SECTION 5. Ordinance Number 5920 is repealed upon the effective date of this ordinance.
SECTION 6. The provisions of this ordinance shall go into effect on January 1, 2023 at 12:01 a.m.
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: October 11, 2022
TO:
FROM:
SUBJECT:
Ordinance Committee
Planning Division, Community Development Department
Single Family Design Board Membership Criteria and Quorum Requirements (Continuation of October 4, 2022 Ordinance Committee Meeting)
RECOMMENDATION:
That the Ordinance Committee consider and recommend that Council amend Santa Barbara Municipal Code Section 22.69.010 to revise the membership of the Single Family Design Board.
EXECUTIVE SUMMARY:
Given ongoing challenges to recruit new Single Family Design Board (SFDB) members and maintain a quorum for their biweekly full board meetings, staff proposes that the SFDB be reduced from seven to five members; that at least three members possess professional qualifications in fields related to architecture, building design, structural engineering, industrial design, or landscape design; and that the requirement for licensed professionals be removed. Up to two of the five SFDB members would be appointed from the public at large. A quorum would constitute three members. The proposed amendments would expand opportunities to recruit qualified individuals to serve on the SFDB and achieve a quorum on a regular basis.
This item was heard by the Ordinance Committee on Tuesday, October 4th. The Committee received a staff presentation, engaged in a question and answer session with staff, and received public comment. Due to time constraints, the Committee was not able to deliberate on the proposed ordinance, and the item is now returning to the Committee for further consideration. On October 11th the Committee will take public comment from members the public who did not speak at the October 4th meeting and will then continue into deliberations.
DISCUSSION:
Agenda Item No. 2 File
File Code No. Code No. 640.03
Ordinance Committee Agenda Report
Single Family Design Board Membership Criteria and Quorum Requirements (Continuation of October 4, 2022 Ordinance Committee Meeting) October 11, 2022
The Single Family Design Board (SFDB) was established by City Council in 2007 as the result of a multi-year effort to update the City’s Neighborhood Preservation Ordinance, which expanded the type and number of single-unit residence projects subject to discretionary design review. Prior to 2007, single-unit residential development projects requiring design review were under the purview of the Architectural Board of Review (ABR). The expanded discretionary review of single unit residential projects necessitated a separate advisory body to handle the workload and focus on issues and design features of residential development.
The City of Santa Barbara often has challenges recruiting and retaining members of the City’s four design review bodies (SFDB, ABR, Historic Landmarks Commission, and Sign Committee). Whereas the membership criteria and quorum requirements of the ABR and Historic Landmarks Commission are established by City Charter, the SFDB membership is established by Municipal Code and can be amended by a majority vote of the City Council. Staff recommends revising the membership criteria of the SFDB to address persistent recruitment and retention issues and challenges achieving a quorum in order to minimize unnecessary delay of single-unit residential development projects.
Santa Barbara Municipal Code (SBMC) Section 22.69.010.B. states that the SFDB “shall be composed of seven members appointed by the City Council. Two members shall be licensed architects, one member shall be a licensed landscape architect, three members shall possess professional qualifications in fields related to architecture, including, but not limited to, building design, structural engineering, industrial design, or landscape contracting, and one member shall be appointed from the public at large.” SBMC Section
22.69.010.C. establishes a quorum of the SFDB as four members, one of whom shall be a licensed architect.
The SFDB is currently down to five appointed members due to consistently low turnout in applications and resignation of members outside of the regular advisory group recruitment cycle. To remedy past recruitment challenges, staff have occasionally requested existing SFDB members to voluntarily serve beyond their appointed term until the next advisory group recruitment process concludes and new members are appointed by Council. In recent recruitment cycles, existing and potential members expressed to staff that the county-wide demand for professionals to serve on numerous design review boards leaves few licensed architects, landscape architects, and other design professionals available to serve on the City’s boards.
In accordance with the current membership configuration, if SFDB begins a meeting with the minimum to achieve quorum and a member needs to recuse herself or himself from an agenda item, quorum is lost and the project must be continued two weeks. This occurred as recently as August 15, 2022. Subsequently, the August 29 SFDB meeting was cancelled in its entirety due to an unexpected illness of one member and the planned absence of another. The requirement that one licensed architect must be present to constitute a quorum exacerbates the challenge to achieving quorum and holding scheduled meetings. Staff schedule special and additional SFDB meetings when needed Ordinance Committee Agenda Report
Single Family Design Board Membership Criteria and Quorum Requirements (Continuation of October 4, 2022 Ordinance Committee Meeting) October 11, 2022
to address the backlog of SFDB projects and cancelled meetings, but this response is not sustainable long term.
On August 18, 2022 the Land Development Team Oversight Subcommittee expressed support for amending the composition of the SFDB and reducing the number of members in order to address the recruitment challenges. To that end, the proposed ordinance would reduce the membership from seven members to five, remove the requirement that two members be licensed architects and one member be a licensed landscape architect, and remove the requirement that in order to achieve a quorum at least one of the members be a licensed architect. In order to ensure that at least three members are qualified design professionals, the following language has been added: “At least three members shall possess professional qualifications in fields related to architecture, including, but not limited to, building design, structural engineering, industrial design, or landscape design.”
Future and Related SFDB Work Effort
Planning Division staff are currently engaged in a larger work effort to review the types of single-unit residential projects that currently require SFDB review, with an objective to streamline the permitting process where possible and ensure that discretionary review is adding value to the project and the community. That effort is just beginning and is expected to take about eight to ten months to complete. The need to adjust the SFDB membership criteria and quorum requirements is more immediate and, therefore, being addressed ahead of other future SFDB-related code amendments.
BUDGET/FINANCIAL INFORMATION:
Reducing the SFDB from seven members to five will result in a slight reduction in direct expenses by decreasing the stipends paid to each member ($50) for a full board meeting. The change will also likely result in fewer cancellations of SFDB meetings due to a lack of quorum, saving staff time required to contact applicants about rescheduling projects and inform interested parties about the cancelled meeting.
ENVIRONMENTAL REVIEW:
The proposed ordinance amendments revising the composition of the Single Family Design Board do not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and, therefore, do not constitute a “Project” under Public Resources Code Section 15378 (the California Environmental Quality Act); therefore, the Ordinance Committee’s action on this matter is not subject to environmental review.
ATTACHMENT: Proposed Amendments to SBMC Section 22.69.010 PREPARED BY: Renee Brooke, AICP, City Planner
Ordinance Committee Agenda Report
Single Family Design Board Membership Criteria and Quorum Requirements (Continuation of October 4, 2022 Ordinance Committee Meeting) October 11, 2022
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator's Office
STAFF DRAFT SHOWING CHANGES
FROM CURRENT CODE 10/04/22
1 ORDINANCE NO. _____
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING SANTA BARBARA
MUNICIPAL CODE SECTION 22.69.010 TO REVISE THE
MEMBERSHIP OF THE SINGLE FAMILY DESIGN BOARD
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 22.69.010 of Chapter 22.69 of Title 22 of the Santa Barbara Municipal Code is amended to read as follows:
22.69.010 Single Family Design Board.
A. PURPOSE. A Single Family Design Board is hereby created and established by the City to promote the general public welfare, protect and preserve the City’s natural and historical charm, and enhance the City’s aesthetic appeal and beauty. The goal of the Single Family Design Board shall be to ensure that single-unit residential projects are compatible with the surrounding neighborhood in size and design. The Single Family Design Board is also charged with the task of protecting public visual resources and promoting the ecological sustainability of the City’s built environment through the design review process.
B. MEMBERSHIP. The Single Family Design Board shall be composed of five seven members appointed by the City Council. Two members shall be licensed architects, one member shall be a licensed landscape architect, At least three members shall possess professional qualifications in fields related to architecture, including, but not limited to, building design, structural engineering, industrial design, or landscape design.
STAFF DRAFT SHOWING CHANGES
FROM CURRENT CODE 10/04/22
2 contracting and one member shall be appointed from the public at large. All members of the Board shall reside within Santa Barbara County and shall hold office at the pleasure of the City Council. A person may serve on the Architectural Board of Review or the Historic Landmarks Commission and the Single Family Design Board at the same time.
C. CONDUCT OF MEETINGS. The members of the Single Family Design Board shall elect from their own members a chair and vice-chair. The Community Development Director shall act as secretary and record Board actions and render written reports thereof for the Board as required by this cChapter. The rules of procedure for the Board shall be established and approved by resolution of the City Council. A majority of the appointed members shall constitute a quorum. Four members shall constitute a quorum, one of whom shall be a licensed architect.
SECTION 2. CEQA
The proposed ordinance amendments revising the composition of the Single Family Design Board do not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and, therefore, do not constitute a “Project” under Public Resources Code Section 15378 (the California Environmental Quality Act).
Agenda Item No. 1
File Code No. 120.04
12/07/2021 Santa Barbara City Council Minutes Page 1 of 18
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 7, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 2:12 PM and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations. (The Finance Committee met at 12:00 p.m. and the Ordinance Committee met at 12:30 p.m.).
PLEDGE OF ALLEGIANCE
Mayor Murillo.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.
Councilmembers absent: None.
Staff present: Interim City Administrator Rebecca Bjork, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.
PUBLIC COMMENT
Members of the Public: Jose Gallegos; Patricia Fancher; Daniel Lindsay; Denice Spangler.
ITEMS REMOVED FROM CONSENT CALENDAR
16. Subject: Cancellation Of Certain Council Meetings In 2022 Recommendation: That Council adopt a motion to cancel the regular Council Meetings on the following dates: January 4, January 18, February 15, March 22, April 5, May 31, July 5, July 12, August 23, August 30, September 6, November 22, November 29, December 20, and December 27, 2022.
Agenda Item No. 2
12/07/2021 Santa Barbara City Council Minutes Page 2 of 18 Action: Staff direction provided to return with revised item with an adjusted schedule to coincide with school district schedule.
CONSENT CALENDAR (Item Nos. 2 – 15)
The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers O. Gutierrez / Friedman to approve the Consent Calendar as recommended with the exception for item 16.
Vote:
Unanimous roll call vote.
2. Subject: Adoption Of Ordinance For Contracts For Installation And Operation Of Solar Panels, Related Roof Replacement, And Installation Of Battery Energy System At Fire Station One
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Acting Sustainability and Resilience Director to Execute a Second Amendment to the Power Purchase Agreement with Action Energy, Inc. To Add Fire Station One To The Properties Subject To the Agreement.
Action: Approved the recommendation; Ordinance No. 6039; Contract No. 26,827.2 (December 7, 2021 Council Agenda Report)
3. Subject: Introduction Of An Ordinance Approving The 2021-2022 Supervisory Employees’ Bargaining Unit Memorandum Of Understanding And The 2021-2022 Management Salary Plans
Recommendation: That Council:
A. Ratify the Memorandum of Understanding with the Santa Barbara City Supervisory Employees' Bargaining Unit through introduction and subsequent adoption of, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Adopting the 2021-2022 Supervisor’s Memorandum of Understanding and Providing for Compensation Changes for Confidential Supervisor Employees; and B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2021-2022 Salary Plan Applicable to Unrepresented Managers and Professional Attorneys (except the 12/07/2021 Santa Barbara City Council Minutes Page 3 of 18 City Administrator and City Attorney), and the 2021-2022 Salary Plan Applicable to Certain Unrepresented Safety Managers.
Action: Approved the recommendations (December 7, 2021 Council Agenda Report; proposed Ordinance).
4. Subject: Fire Management Association Memorandum Of Understanding Recommendation: That Council ratify the Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara Fire Management Association for the period of July 1, 2021, through June 30, 2022, by introduction and subsequent adoption of, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Adopting the 2021-2022 Memorandum of Understanding Between the City of Santa Barbara and the Santa Barbara Fire Management Association.
Action: Approved the recommendation (December 7, 2021 Council Agenda Report; proposed Ordinance).
5. Subject: Proposed Lease Assignment And Introduction Of An Ordinance For Lease Agreement No. 20,493 With Santa Barbara Harbor Restaurant, A California Corporation, For The Harbor Restaurant Located At 210 Stearns Wharf
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute the Consent to Assignment of Lease Agreement No. 20,493 from Longharbor LLC, to Santa Barbara Harbor Restaurant, a California Corporation, for the Harbor Restaurant Located at 210 Stearns Wharf, Commencing Upon the Effective Date of the Enabling Ordinance.
Action: Approved the recommendation (December 7, 2021 Council Agenda Report; proposed Ordinance).
6. Subject: Introduction Of An Ordinance For A Lease Agreement With Santa Barbara Landing, LLC
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Waterfront Director to Execute a Lease Agreement with Santa Barbara Landing LLC, Located at 301 West Cabrillo Boulevard, Commencing Upon the Effective Date of the Enabling Ordinance.
12/07/2021 Santa Barbara City Council Minutes Page 4 of 18 Action: Approved the recommendation (December 7, 2021 Council Agenda Report; proposed Ordinance).
7. Subject: Approval Of $75,000 Grant To Housing Authority Of The City Of Santa Barbara To Provide Partial Loan Pay-Down Of Existing Housing And Community Development Loan; Authorize Restatement Of Existing City Loan; And Approve New Ninety-Year Covenant
Recommendation: That Council:
A. Approve $75,000 in grant funding to the Housing Authority of the City of Santa Barbara (HACSB) to provide for partial pay-down and restructure of the State of California Housing and Community Development (HCD) loan in foreclosure secured by property located at 1200 Punta Gorda Street, Santa Barbara, California, known as Green Mobile Home Park (Green MHP); B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Restated Thirty-Year Loan Agreement Secured by a Restated Deed of Trust in the Amount of $25,000 and a New Ninety-Year Affordability Covenant with 2nd Story Associates for Property Commonly Known As Green Mobile Home Park Located at 1200 Punta Gorda Street;
C. Approve an increase in Fiscal Year 2022 expenditure appropriations in the General Fund in the amount of $75,000 funded by General Fund Inclusionary Housing Reserve funds to fund the requested grant; and
D. Authorize the Community Development Director to execute, subject to approval as to form by the City Attorney, such agreements and related documents as necessary.
Action: Approved the recommendations (December 7, 2021 Council Agenda Report; proposed Ordinance).
8. Subject: Resolution To Designate The City Administrator An Authorized Representative For Permanent Local Housing Allocation Funds Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Designating an Authorized Representative for Permanent Local Housing Allocation Funds.
Action: Approved the recommendation; Resolution No. 21-075 (December 7, 2021 Council Agenda Report).
12/07/2021 Santa Barbara City Council Minutes Page 5 of 18
9. Subject: October 2021 Investment Report (260.02)
Recommendation: That Council accept the October 2021 Investment Report.
Action: Approved the recommendation (December 7, 2021 Council Agenda Report).
10. Subject: Request To Increase Expenditure Appropriations In The Successor Agency Operating Fund
Recommendation: That Council Increase Expenditure Appropriations In The Successor Agency Operating Fund by $278,589 To Facilitate Disbursement Of The Remaining Funds Held By The Successor Agency to the County of Santa Barbara Auditor-Controller.
Action: Approved the recommendation (December 7, 2021 Council Agenda Report).
11. Subject: Funding Recommendations For Community Arts, Organizational Development, And Events And Festivals Cultural Arts Grants Recommendation: That Council review and approve the City of Santa Barbara Arts Advisory Committee and Community Events and Festivals Committee grant funding recommendations for Fiscal Year 2022.
Action: Approved the recommendation; Contract No. 27,096 (December 7, 2021 Council Agenda Report).
12. Subject: Contract For Design Of The Facilities Master Plan For The Community Development, Parks And Recreation, Public Works, And Sustainability And Resilience Departments At 630 Garden Street, 620 Laguna Street, And 401 East Yanonali Street
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with Stantec Architecture, Inc., in the amount of $199,403 for design services for the Facilities Master Plan Project and authorize the Public Works Director to approve expenditures of up to $19,940 for extra services that may result from necessary changes in the scope of work.
Action: Approved the recommendation; Contract No. 27,097 (December 7, 2021 Council Agenda Report).
12/07/2021 Santa Barbara City Council Minutes Page 6 of 18
13. Subject: Professional Service Agreement For Public Outreach Services For The Public Works And Sustainability & Resilience Departments Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with Ayars & Associates to provide public outreach and communications support to the Public Works and Sustainability & Resilience Departments for infrastructure and other significant projects, in an amount not to exceed $250,000.
Action: Approved the recommendation; Agreement No. 27,098 (December 7, 2021 Council Agenda Report).
14. Subject: Amendment To Agreement No. 26,863 With City Net To Provide Continued Street Outreach Services
Recommendation: That Council:
A. Approve an increase in revenue and expenditure appropriations in the Permanent Local Housing Allocation (PLHA) Fund in the amount of $330,000, with funding coming from PLHA funds awarded by the State of California Housing and Community Development Department, to fund a continued one-year contract with City Net in the amount of $330,000; and
B. Authorize the Community Development Director to execute, subject to approval as to form by the City Attorney, an Amendment to Agreement No. 26,863 with Kingdom Causes, DBA City Net, for continued street outreach services.
Action: Approved the recommendations; Agreement No. 26,863.1 (December 7, 2021 Council Agenda Report).
15. Subject: Agreements For Franceschi Park, Skofield Park, And Hilda McIntyre Ray Park Resident Caretakers
Recommendation: That Council:
A. Authorize the Parks and Recreation Director to execute a Caretaker Rental Agreement for Franceschi Park with Sarah Knowles, commencing March 1, 2022 through February 28, 2023;
B. Authorize the Parks and Recreation Director to execute a Caretaker Rental Agreement for Skofield Park with Kristin Bain, commencing March 1, 2022, through February 28, 2023; and
12/07/2021 Santa Barbara City Council Minutes Page 7 of 18 C. Authorize the Parks and Recreation Director to execute a Caretaker Rental Agreement for Hilda McIntyre Ray Park with Vincent Savelich, commencing March 1, 2022, through February 28, 2023.
Action: Approved the recommendations; Agreement Nos. 27,099; 28,000; and 28,001 (December 7, 2021 Council Agenda Report).
This concluded the Consent Calendar.
REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that Finance Committee reviewed and approved the recommended action for the Housing Authority grant, restatement of the existing City Loan, and approved the new covenant. The Finance Committee also received the staff report regarding the pension management strategy and provided staff direction on the topic.
REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Jordan reported that reviewed the sidewalk vending ordinance and moved to the item to Council for further discussion and eventual adoption.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
COMMUNITY DEVELOPMENT DEPARTMENT
17. Subject: Municipal Code Amendments To Allow Urban Lot Splits And TwoUnit Residential Developments To Implement Senate Bill 9 Recommendation: That Council:
A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Title 30 of the Santa Barbara Municipal Code by Amendment of Sections 30.20.010, 30.20.020, 30.20.030,
30.140.120, 30.300.050“E”, 30.300.080“H”, and 30.300.230“W”, and by Addition of Section 30.185.440; and Amending Title 27 by Adding Chapter 27.60, All Pertaining to Regulations for Two-Unit Residential Development and Urban Lot Splits in Single-Unit Zones to Implement California Statutes Chapter 162 (Senate Bill 9);
B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Amending Chapters 28.15 and 28.44; and Adding Chapter 28.80, Pertaining to Regulations for Two-Residential Unit Development in Single-Unit Zones to Adopt 12/07/2021 Santa Barbara City Council Minutes Page 8 of 18 Senate Bill 9 (SB-9) California Government Code Sections 65852.21 and 66411.7 in the Coastal Zone of the City; and
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving a Local Coastal Program (LCP) Amendment (PLN2021-00536) to Title 28 of the Santa Barbara Municipal Code to Add Chapter 28.80 Pertaining to Regulations for Two-Residential Unit Development in Single-Unit Zones to Adopt Senate Bill 9 (SB-9) California Government Code Sections 65852.21 and 66411.7 in the Coastal Zone of the City and Amending Various Sections within Title 28 to Be Consistent with This Intent.
Documents:
- December 17, 2021 Council Agenda Report and any attachment(s). - PowerPoint presentation prepared and made by staff.
- Proposed Resolution.
Speakers:
- Staff: Senior Planner Allison DeBusk; Assistant City Attorney Tava Ostrenger; Fire Marshal Ryan DiGuilio; Assistant City Attorney Dan Hentschke; City Attorney Ariel Calonne
- Members of the Public: Jose Gallegos; Linda Honikman; Nadia Abushnab; Lucille Boss; Shelia Lodge; Jeff Byrne; Anna Marie Gott; James Anderson; Loy Beardsmore; Mark Lloyd; Denise SpanglerAdams.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Sneddon / Jordan to approve the recommended actions with the modifications to Title 30 amending section 30.185.440(A)(1) to read “at least one of the units in each two unit residential development or at least one unit on any lot created pursuant to an urban lot split must be constructed and offered for sale or for rent as a moderate, low, or very low income unit, restricted for occupancy by a moderate, low, or very low income household, as defined in and pursuant to procedures in the city’s affordable housing policies and procedures,” as well as providing that units must be rented at or below moderate income; Resolution No. 21-076.
Vote:
Unanimous roll call vote.
RECESS
4:09 p.m – 4:21 p.m.
CITY ADMINISTRATOR
18. Subject: Certification Of Election Results For The General Municipal Election Of November 2, 2021
12/07/2021 Santa Barbara City Council Minutes Page 9 of 18 Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Reciting the Fact of the Vote-by-Mail General Municipal Election Held on November 2, 2021, and Declaring the Results and Setting Forth Such Other Matters as Required by the State Elections Code; and
B. Receive a final presentation from staff on the November 2, 2021, Election.
Documents:
- December 17, 2021 Council Agenda Report and any attachment(s). - PowerPoint presentation prepared and made by staff
- Proposed Resolution.
Speakers:
- Staff: City Clerk Services Manager Sarah Gorman.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers O. Gutierrez / A. Gutierrez to approve the recommendation; Resolution No. 21-077.
Vote:
Unanimous roll call vote.
PUBLIC WORKS DEPARTMENT
19. Subject: Active Transportation Program Cycle 6 And Leveraging Grant Match Funds
Recommendation: That Council direct staff to initiate work on applications for the Active Transportation Program Cycle 6 for Cliff Drive, the Westside and Lower West, and Milpas Street, including community engagement.
Documents:
- December 17, 2021 Council Agenda Report and any attachment(s). - PowerPoint presentation prepared and made by staff
Speakers:
- Staff: Supervising Transportation Planner Jessica Grant; Interim Downtown Cross Functional Team Manager Matt Fore. Principal Traffic Engineer Derrick Bailey.
- Members of the public: Barry Remis; Jose Gallegos.
Discussion:
- Councilmembers’ questions were answered.
Motion:
12/07/2021 Santa Barbara City Council Minutes Page 10 of 18 Councilmembers O. Gutierrez / Mayor Murillo to approve the staff recommendation.
Vote:
Unanimous roll call vote.
CITY ATTORNEY
20. Subject: Small Wireless Facilities Ordinance
Recommendation: That Council, introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Title 9 of the Santa Barbara Municipal Code by the Addition of Chapter 9.170 Establishing Regulations for Small Wireless Facilities in the Public Right-Of-Way.
Documents:
- December 17, 2021 Council Agenda Report and any attachment(s). - PowerPoint presentation prepared and made by staff.
- Proposed Ordinance.
Speakers:
- Staff: Assistant City Attorney John Doimas; City Attorney Ariel Calonne; Principal Engineer Adam Hendel.
- Members of the Public: Lesley Weinstock; Miriam Lindbeck; Alan Gallegos; Katie Mickey; Kimmy Van Dyke, Safe Technology Santa Barbara; Kent Empherson, Ronald Buckley, Anne Odele Thomas, Shawn Morton speaking for Susan Foster
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Jordan/Friedman to approve the staff recommendation and direct staff to return to Ordinance Committee or City Council with an update on the implementation and results of the ordinance in one year.
Vote:
Majority roll call vote. (Noes: Councilmembers O. Gutierrez; A. Gutierrez.) RECESS
6:37 p.m. – 6:52 p.m.
MAYOR AND COUNCIL REPORTS
21. Subject: Appointments To City Advisory Groups
Recommendation: That Council make appointments to the City’s Advisory Groups. 12/07/2021 Santa Barbara City Council Minutes Page 11 of 18 Documents:
- December 17, 2021 Council Agenda Report and any attachment(s).
Speakers:
- Staff: Sarah Gorman
- Members of the Public: Anna Marie Gott
Discussion:
Access Advisory Committee:
Nominees for Access Advisory Committee:
Skylar Covich, Karen Luckett, Elizabeth Sorgman
Vote:
- For Covich: Councilmembers Harmon, Sneddon, Friedman, Jordan, Mayor Murillo. - For Luckett: Councilmembers O. Gutierrez, A. Gutierrez, Harmon, Sneddon, Friedman, Jordan.
- For Sorgman: Councilmembers O. Gutierrez, A. Gutierrez, Mayor Murillo.
Appointments:
Skylar Covich and Karen Luckett were appointed to the Access Advisory Committee. All for terms expiring December 31, 2022.
Airport Commission
Nominees for Airport Commission:
Dan Glaeser, Levi Maaia, Bruce Miller, Gregory Payne
Vote:
- For Glaeser: Councilmembers Harmon, Friedman, Jordan, O. Gutierrez, Mayor Murillo
- For Maaia: Councilmembers A. Gutierrez, Sneddon, Friedman, Jordan. - For Miller: Councilmembers A. Gutierrez, Sneddon, Mayor Murillo. - For Payne: Councilmembers Harmon, O. Gutierrez.
Appointments:
Dan Glaeser and Levi Maaia were appointed to the Airport Commission. All for terms expiring December 31, 2025.
Arts and Advisory Committee
Nominees for Arts and Advisory Committee:
Adriana Arriaga, Joseph Janka, Darrell McNeil, Kai Tepper, Marylove Thralls.
Vote:
12/07/2021 Santa Barbara City Council Minutes Page 12 of 18 - For Arriaga: Councilmembers Harmon, Sneddon, Friedman, Jordan, O. Gutierrez, A. Gutierrez.
- For Janka: Councilmembers Harmon, Sneddon, Friedman, Jordan, O. Gutierrez, A.
Gutierrez, Mayor Murillo.
- For McNeil: Councilmembers O. Gutierrez, Mayor Murillo. - For Tepper: Councilmembers Harmon, Sneddon, Friedman, Jordan, O. Gutierrez, A. Gutierrez, Mayor Murillo.
- For Thralls: Councilmembers Harmon, Sneddon, Friedman, Jordan, A. Gutierrez, Mayor Murillo.
Appointments:
Joseph Janka, Kai Tepper, Marylove Thralls, Adriana Arriaga were appointed to the Arts Advisory Committee. All for terms expiring December 31, 2025.
Community Development and Human Services Committee
Motion:
Councilmembers Jordan / Harmon to re-appoint Jan Campbell and Charlotte GullapMoore Vote:
Unanimous roll call vote.
Appointments:
Jan Campbell was re-appointed as a representative to the Homeless-related Services Organization. Charlotte Gullap-Moore was re-appointed to the African American Community. All for terms expiring December 31, 2025.
County of Santa Barbara Library Advisory Committee
Motion:
Councilmembers Friedman / A. Gutierrez to appoint Barbara Hershberg.
Vote:
Unanimous roll call vote.
Appointment:
Barbara Hershberg was appointed to the County of Santa Barbara Library Advisory Committee for a term expiring June 30, 2022
Creeks Advisory Committee
Nominees for Creeks Advisory Committee:
Chris Cline, Lee Heller, Erika Wilson.
Vote:
12/07/2021 Santa Barbara City Council Minutes Page 13 of 18 - For Cline: Councilmembers Jordan, O. Gutierrez, A. Gutierrez, Harmon, Sneddon, Friedman, Mayor Murillo.
- For Heller: Councilmembers Jordan, O. Gutierrez, Harmon, Mayor Murillo. - For Wilson: Councilmembers A. Gutierrez, Sneddon, Friedman.
Appointments:
Chris Cline was appointed as a representative to the hotel/lodging industry. Lee Heller was appointed as a representative to the environmental land use. All for terms expiring December 21, 2023.
Downtown Parking Committee
Motion:
Councilmembers Sneddon / Jordan to appoint William Pinner III and Sean Pratt.
Vote:
Unanimous roll call vote.
Appointment:
William Pinner and Sean Pratt was appointed to the Downtown Parking Committee for a term expiring December 31, 2025.
Fire and Police Commission
Motion:
Councilmembers O. Gutierrez / A. Gutierrez to appoint Barbara Andersen and Dr.
Louisa Wood.
Vote:
Unanimous roll call vote.
Appointment:
Barbara Andersen and Dr. Louisa Wood was appointed to the Fire and Police Commission for a term expiring December 31, 2025.
Harbor Commission
Nominees for Harbor Commission:
William “Seth” Anderson, Michael Hanrahan, John Stedman Vote:
- For Anderson: Councilmembers Friedman, Jordan, O. Gutierrez, A. Gutierrez, Harmon, Sneddon.
- For Hanrahan: Councilmembers Friedman, Jordan, O. Gutierrez, A. Gutierrez, Harmon, Mayor Murillo.
12/07/2021 Santa Barbara City Council Minutes Page 14 of 18 - For Stedman: Councilmembers Friedman, Jordan, O. Gutierrez, A. Gutierrez, Harmon, Sneddon, Mayor Murillo.
Appointments:
William “Seth” Anderson, Michael Hanrahan, John Stedman were appointed to the Harbor Commission. All for terms expiring December 31, 2025.
Historic Landmarks Commission
Motion:
Councilmembers Friedman / Jordan to appoint Keith Butler.
Vote:
Unanimous roll call vote.
Appointment:
Keith Butler was appointed to the Historic Landmarks Commission for a term expiring December 31, 2025.
Housing Authority Commission
Nominees for Housing Authority Commission:
Esvin Almengore, Bonnie Elliot
Vote:
- For Almengore: Councilmembers Friedman, O. Gutierrez, A. Gutierrez, Harmon, Sneddon, Mayor Murillo.
- For Elliot: Councilmembers Jordan.
Appointments:
Esvin Almengore was appointed to the Housing Authority Commission for a term expiring June 30, 2022.
Library Board
Nominees for Library Board:
Dena Davis, William Goldsmith, Barbara Hershberg, Barbara Silver, Jeanette Webber First Vote:
- For Davis: Councilmembers A. Gutierrez, Harmon, Sneddon, Friedman, Jordan, O.
Gutierrez, Mayor Murillo.
- For Goldsmith: Councilmembers Harmon.
- For Hershberg: Councilmembers Jordan, O. Gutierrez, Mayor Murillo. - For Silver: Friedman.
- For Webber: A. Gutierrez, Sneddon.
12/07/2021 Santa Barbara City Council Minutes Page 15 of 18 Second Vote:
- For Goldsmith: Councilmembers Harmon.
- For Hershberg: Councilmembers Friedman, Jordan, O. Gutierrez, Mayor Murillo. - For Silver: None.
- For Webber: Councilmember Sneddon, A. Gutierrez.
Appointments:
Dena Davis was appointed to the Library Board for a term expiring December 31, 2025.
Barbara Hershberg was appointed to the Library Board for a term expiring December 31, 2023.
Living Wage Advisory Committee
Motion:
Councilmembers O. Gutierrez / Sneddon to appoint Allen Williams.
Vote:
Unanimous roll call vote.
Appointment:
Allen Williams was appointed as a representative of Owner/Manager of a business to the Living Wage Advisory Committee for a term expiring June 30, 2022.
Measure P Committee
No one was appointed.
Neighborhood Advisory Council
Motion:
Councilmembers Jordan / Sneddon to appoint Sebastian Aldana, Carol Bemis, David Brentlinger, Beverly Perkins.
Vote:
Unanimous roll call vote.
Appointment:
Sebastian Aldana and Carol Bemis were appointed as a representative to the Neighborhood Representative for terms expiring December 31, 2023. David Brentlinger and Beverly Perkins were appointed as a representative to the Public at Large for a term expiring December 31, 2025.
Parks And Recreation Commission
Motion:
12/07/2021 Santa Barbara City Council Minutes Page 16 of 18 Councilmembers Jordan / Sneddon to appoint Sebastian Aldana, Kathryn McGill, Robin Unander-LaBerge.
Vote:
Unanimous roll call vote.
Appointments:
Sebastian Aldana, Kathryn McGill, Robin Unander-LaBerge were appointed to the Parks and Recreation Commission. All for terms expiring December 31, 2025.
Planning Commission:
Nominees for Planning Commission:
John Baucke, Lucrezia DeLeon, Madeline Oliver, Devon Wardlow Vote:
- For Baucke: Councilmembers Friedman, Jordan, O. Gutierrez, Harmon, Sneddon, Mayor Murillo.
- For DeLeon: Councilmember A. Gutierrez.
- For Oliver: Councilmember O. Gutierrez.
- For Wardlow: Friedman, Jordan, A. Gutierrez, Harmon, Sneddon, Mayor Murillo.
Appointments:
John Baucke and Devon Wardlow were appointed to the Planning Commission. All for terms expiring December 31, 2025.
Rental Housing Mediation Board
Motion:
Mayor Murillo / Councilmembers O. Gutierrez to appoint Daniel Herlinger.
Vote:
Unanimous roll call vote.
Appointment:
Daniel Herlinger was appointed as a representative of Homeowner to the Rental Housing Mediation Board for a term expiring December 31, 2025.
Santa Barbara Youth Council
Motion:
Councilmembers O. Gutierrez / Harmon to appoint David Flanagan, Kavya Suresh, Alok Thakrar.
Vote:
Unanimous roll call vote.
12/07/2021 Santa Barbara City Council Minutes Page 17 of 18 Appointment:
David Flanagan, Kavya Suresh, and Alok Thakrar were appointed as a representative of the Santa Barbara Unified School District for a term expiring June 30, 2023.
Sign Committee
Motion:
Councilmembers Jordan / Sneddon to appoint Jaime Limon.
Vote:
Unanimous roll call vote.
Appointment:
Jaime Limon was appointed to the Sign Committee for a term expiring December 31, 2022.
Single Family Design Board
Motion:
Councilmembers O. Gutierrez / Mayor Murillo to appoint David Brentlinger.
Vote:
Unanimous roll call vote.
Appointment:
David Brentlinger was appointed to the Single Family Design Board for a term expiring June 30, 2025.
22. Subject: Request From Mayor Murillo And Mayor Pro Tempore Oscar Gutierrez To Discuss Advancing Tenants Protections
Recommendation: That Council consider the request from Mayor Murillo and Mayor Pro Tempore Oscar Gutierrez to Discuss Advancing Tenants Protections.
Documents:
- December 17, 2021 Council Agenda Report and any attachment(s). - PowerPoint presentation prepared and made by staff
Speakers:
- Staff:
- Members of the Public: Alan Gallegos; Juanita Colmenares; Claire Mitchell; Geneva Lovett; Linda Honikman; Peter Trent; Robert Prince; Christian Alonso; James Carbone; Tia Blacklock Heather Rose; Paul Trent; Michael Bruce; Lucia Trujillo; Nadia Abushanab; Hillary Blackerby; Dora Perez; Amelia Masterson; Nancy Gottlieb; Cary Solis; Amber Rouleau; Max Golding; Katie Hay; Frank Rodriguez; Brian Johnson; Rachel Sim; Ian Baucke; Lucille Boss; Jesse Felix; 12/07/2021 Santa Barbara City Council Minutes Page 18 of 18 Jose Gallegos; JB Alegiani; Steve Johnson; Michelle Roberson; Loy Beardsmore; Sharon Byrne; Marcus Lopez; Michal Lynch; Michele Carbone; Landon Ranck, SB Act; Wendy Santamaria; James Fenkner; Karen Rice; Paul Knightstep; Catherine Almo; Chelsea Lancaster; Aaron Kopperman; Matt Lowe; Alex LaPolice; Guy Robinson; Stanley Tzankov; Steven Johnson; Matthew Taylor; Bill Urbany; Dalina Klan; John Thyne; Erik Caruso.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmember O. Gutierrez / Mayor Murillo to provide staff direction to include preparation of a 2% plus CPI ordinance as a temporary measure, creation of a rental registry, and preparation of financial information with the added term that the information would be applicable to a long-term analysis.
Vote:
Majority roll call vote (Noes: Councilmembers Friedman, Jordan, A. Gutierrez)
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Mayor Murillo reported on their attendance at the following events or made the following comments: 1. Attended SBCAG meeting; 2. Tree lighting ceremony; 3. Partners in education.
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Murillo adjourned the meeting at 11:36 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on October 11, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
09/20/2022 Santa Barbara City Council Minutes Page 1 of 8
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 20, 2022
COUNCIL CHAMBERS; MAYOR/COUNCIL OFFICE, CITY HALL,
735 ANACAPA STREET; AND
1030 CACIQUE STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:01 p.m. (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 (2:04 p.m), Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, Acting City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
REPORT FROM CLOSED SESSION
Acting City Attorney Sarah Knecht reported that the Council by unanimous vote (of all Councilmembers) authorized the City Attorney to initiate a litigation and retain outside counsel once the action’s been commenced. The details of the action will be disclosed to any party upon inquiry.
CHANGES TO THE AGENDA
There were no changes to the agenda.
PUBLIC COMMENT
Members of the Public: Gabriel Sarmiento;
09/20/2022 Santa Barbara City Council Minutes Page 2 of 8 RECESS
2:06 PM – 2:09 PM
Mark Marshall Wofford; Scott Wenz;
RECESS
2:11 PM – 2:21 PM
Rick Closson; Michael Holliday; Arie Dejong; Nick Koonce.
CONSENT CALENDAR (Item Nos. 1 – 10)
The titles of the Resolutions and Ordinances were read.
Motion:
Councilmembers Friedman/Jordan to approve the Consent Calendar as recommended.
Vote:
Unanimous roll call vote.
1. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meetings of August 16, 2022; August 23, 2022; August 30, 2022; and the special meeting of August 16, 2022.
Action: Approved the recommendation.
2. Subject: Waterfront Department Lease Agreement with the Regents of the University of California for Dock Space in the Harbor [Ordinance Adoption] (330.04)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute a Five Year Lease Agreement with One, Five-Year Option with the Regents of the University of California, for 5,563 Square Feet of Water Area Located at 139 Cabrillo Boulevard, Commencing Upon the Effective Date of the Enabling Ordinance.
Action: Approved the recommendation; Ordinance No. 6082; Agreement No. 28,192.
09/20/2022 Santa Barbara City Council Minutes Page 3 of 8
3. Subject: Twelve Year Extension of Cogeneration Agreement [Ordinance Introduction; Agreement] (630.02)
Recommendation: That Council introduce and subsequently 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 Resource Center Between the City and California Power Partners.
Action: Approved the recommendation; Proposed Ordinance; (September 20, 2022 Council Agenda Report and any attachments).
4. 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 Introduction; Resolution] (660.04)
Recommendation: That Council:
A. Introduce and subsequently 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; 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 Approve an Increase in Fiscal Year 2023 Expenditure Appropriations in the City Affordable Housing Fund in the Amount of $940,000 from Available Reserve Funds to Fund the Requested Property Acquisition Loan.
Action: Approved the recommendation; Proposed Ordinance; Resolution No. 22-095 (September 20, 2022 Council Agenda Report and any attachments).
5. Subject: A Resolution Approving a Citywide Publicly Available Pay Schedule in Accordance with California Code of Regulations, Title 2, Section 570.5 [Resolution]
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving a Citywide Publicly Available Pay 09/20/2022 Santa Barbara City Council Minutes Page 4 of 8 Schedule in Accordance with California Code of Regulations, Title 2, Section 570.5.
Action: Approved the recommendation; Resolution No. 22-096; (September 20, 2022 Council Agenda Report and any attachments).
6. Subject: Authorization to Use Donations from the Santa Barbara Police Foundation for Police Department E-Bikes and SWAT Team Equipment and Training [Resolution]
Recommendation: That Council:
A. Accept two donations from the Santa Barbara Police Foundation with a value of $43,877 to purchase equipment for the Special Weapons and Tactics (SWAT) team and purchase electric bicycles for the Street Crimes Unit (SCU); 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 accept a gift of $43,877 from the Santa Barbara Police Foundation for exclusive use and benefit of the Santa Barbara Police Department.
Action: Approved the recommendation; Resolution No. 22-097; (September 20, 2022 Council Agenda Report and any attachments).
7. Subject: Approval of Agreement with Southern California Edison for Resource Adequacy Allocation on Behalf of Santa Barbara Clean Energy [Resolution] (630.02)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the City Administrator to Execute a Master Agreement and Transaction Confirmation with Southern California Edison for an Allocation of Resource Adequacy Attributes for Santa Barbara Clean Energy.
Action: Approved the recommendation; Resolution No. 22-098; (September 20, 2022 Council Agenda Report and any attachments).
8. Subject: Santa Barbara Clean Energy 2021 Power Content Label Attestation (630.02)
Recommendation: That Council approve the attached attestations specified under California's Power Source Disclosure (PSD) Program, which requires the 09/20/2022 Santa Barbara City Council Minutes Page 5 of 8 governing Council of a public agency providing retail electric service to endorse the accuracy of each annual report and power content label for the previous year, as submitted to the California Energy Commission (CEC).
Action: Approved the recommendation; (September 20, 2022 Council Agenda Report and any attachments).
9. Subject: Agreement for Armored Courier Services for Fiscal Year 2023 [Agreement] (210.01)
Recommendation: That Council authorize the Finance Director to renew the agreement for Fiscal Year 2023 with Garda World in an amount not to exceed $50,000 for armored courier services.
Action: Approved the recommendation; Agreement No. 28,193 (September 20, 2022 Council Agenda Report and any attachments).
10. Subject: Fiscal Year 2023 Interim Financial Statements for the One Month Ended July 31, 2022 (250.02)
Recommendation: That Council accept the Fiscal Year 2023 Interim Financial Statements for the one month ended July 31, 2022.
Action: Approved the recommendation; (September 20, 2022 Council Agenda Report and any attachments).
This concluded the Consent Calendar.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC WORKS DEPARTMENT
11. Subject: State Street Interim Operations Update
Recommendation: That Council:
A. Receive a report on State Street Interim Operations since June 28, 2022; B. Approve revisions to specific design guidelines for in-street outdoor business facilities on the State Street Promenade and the 400 and 1300 blocks of State Street changing certain design guidelines to design requirements, becoming effective December 1, 2022;
C. Direct City staff to pursue a fee structure for use of public right-of-way space for in-street outdoor business facilities on the State Street Promenade and the 400 and 1300 blocks of State Street;
09/20/2022 Santa Barbara City Council Minutes Page 6 of 8 D. Direct staff regarding if and when parades should be allowed on State Street; and
E. Direct staff regarding if and when State Street Promenade businesses and businesses on the 400 and 1300 blocks of State Street with in-street outdoor business facilities shall be required to be portable.
RECESS
4:17 PM – 4:30 PM
Speakers:
- Staff: Public Works Downtown Manager Brian Bosse; Downtown Plaza Parking Sarah Clark; State Street Master Planner Tess Harris; Public Works Director Cliff Maurer; Assistant City Attorney Dan Hentschke; Police Department Commander Marylinda Arroyo; Fire Chief Chris Mailes. - Members of the Public: Scott Wenz; Kristen Miller; Kathy Janega-Dykes; Bob Stout; Richard Yates; David Bolton; W. Scott Burns; Rick Closson; Robin Elander; Jim Knell; Anna Marie Gott; Patrick Casey; Dan Baham; James Marston; Will Marston; Karen Luckett.
Discussion:
- Discussion topics included design requirements, fee structures, parades on State Street, portability of parklets, and deadlines for changes.
Councilmembers’ questions were answered.
Motion:
Councilmembers Friedman/Harmon to send the fee structure to the Finance Committee with the fee structure to be implemented no later than February
1. Vote:
Unanimous roll call vote.
Motion:
Councilmembers Sneddon/Jordan to adopt the State Street proposed design requirements as presented by staff; to recommend that parades be off State Street in the interim period until at least the State Street master plan is conceived; and have the Ad Hoc committee available as needed; to have the deadline for stormflow compliance of December 1, and a deadline of February 1 for other issues.
Vote:
Majority roll call vote (Noes: Mayor Rowse, Councilmember Friedman).
COUNCIL AND STAFF COMMUNICATIONS
09/20/2022 Santa Barbara City Council Minutes Page 7 of 8
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
PUBLIC COMMENT (IF NECESSARY)
CLOSED SESSIONS
12. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is Jay Benson v. City of Santa Barbara, WCAB Case #:
ADJ10142180, ADJ12260136.
Scheduling: Duration 10 mins; anytime
Report: None anticipated
Document:
- September 20, 2022 report from the Assistant City Attorney Time:
- 6:37 p.m. – 6:40 p.m.
No report made.
13. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is Aaron Tudor v. City of Santa Barbara WCAB Case #: ADJ11616713, ADJ13226809, ADJ13664788, ADJ10165202.
Scheduling: Duration 10 mins; anytime
Report: None anticipated
Document:
- September 20, 2022 report from the Assistant City Attorney 09/20/2022 Santa Barbara City Council Minutes Page 8 of 8 Time:
- 6:40 p.m. – 6:42 p.m.
No report made.
14. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is Jeffrey Deforest v. City of Santa Barbara WCAB Case #:
ADJ9873609, ADJ9255696, ADJ10816773, ADJ12598871, ADJ11164935.
Scheduling: Duration 10 mins; anytime
Report: None anticipated
Document:
- September 20, 2022 report from the Assistant City Attorney Time:
- 6:42 p.m. – 6: 45 p.m.
No report made.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 6:45 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on October 11, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
09/20/2022 Santa Barbara City Council Minutes Page 1 of 3
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
SEPTEMBER 20, 2022
COUNCIL CHAMBERS; MAYOR/COUNCIL OFFICE, CITY HALL,
735 ANACAPA STREET; AND
1030 CACIQUE STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:04 p.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, Acting City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CLOSED SESSIONS
1. Subject: Conference with City Attorney – Existing Litigation – Gov. Code § 54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is Santa Barbara Apartment Association (SBAA), Inc., et al. v. COSB, et al. USDC Case No. 2:22-cv-01315-SK.
Scheduling: Duration 30 mins; anytime
Report: None anticipated
09/20/2022 Santa Barbara City Council Minutes Page 2 of 3 Document:
- September 20, 2022, report from Acting City Attorney
Time:
- 11:04 a.m. – 11:33 a.m.
No report made.
2. Subject: Conference with City Attorney -- Anticipated Litigation -- Gov. Code §54956.9(d)(4): Initiation of Litigation on One Matter (160.03) Recommendation: That Council hold a closed session to consider initiating litigation pursuant to subsection (d)(4) of Section 54956.9 of the Government Code and take appropriate action as needed. (One potential case) Scheduling: Duration, 30 minutes; anytime
Report: None anticipated
Document:
- September 20, 2022, report from Acting City Attorney
Time:
- 11:36 a.m. – 11:50 a.m.
No report made.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:50 a.m..
Approved and adopted by the City Council of the City of Santa Barbara on October 11, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
09/20/2022 Santa Barbara City Council Minutes Page 3 of 3 09/27/2022 Santa Barbara City Council Minutes Page 1 of 7
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
SEPTEMBER 27, 2022
COUNCIL CHAMBERS; MAYOR/COUNCIL OFFICE, CITY HALL,
735 ANACAPA STREET; AND
1030 CACIQUE STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:01 P.M. (A Special Ordinance Committee meeting was held at 11:30 a.m. A Special Finance Committee meeting was held at 12:00 p.m.)
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (2:07 p.m.), Oscar Gutierrez, Meagan Harmon (2:16 p.m.), Mike Jordan, Kristen W. Sneddon, Mayor Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, Acting City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: Hispanic Heritage Month - September 15-October 15 2022 (120.04) Action: Mayor Rowse delivered a Proclamation to Mark Alvarado, Erica Olea Velazquez, Rose Munoz, Hilda Maldonado, and Jacqueline Inda, who accepted the Proclamation.
09/27/2022 Santa Barbara City Council Minutes Page 2 of 7
CHANGES TO THE AGENDA
City Administrator Bjork announced that staff was recommending a change to Item 5, “Update of the City’s Conflict of Interest Code [Resolution].” Staff would include an additional Analyst III position for the Finance Department, reporting categories 1 and 2.
PUBLIC COMMENT
Members of the Public: Shawn Sullivan; Aron Ashland; Anna Marie Gott
ITEMS REMOVED FROM THE CONSENT CALENDAR
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.
Documents:
- September 27, 2022 Council Agenda Report and any attachments.
Motion:
Councilmember Friedman/Jordan to approve the staff recommendation with an addition of an Administrative Analyst III in the Finance Department with reporting requirements 1 and 2; Resolution No. 22-099.
Vote:
Unanimous roll call vote.
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.
Documents:
- September 27, 2022 Council Agenda Report and any attachments. 09/27/2022 Santa Barbara City Council Minutes Page 3 of 7 Motion:
Councilmember Jordan/Friedman to approve the staff recommendation and to give direction to refer discussion and recommendations to allocate FY 2022 surplus to the Finance Committee, who would then provide recommendations to the City Council for approval.
Vote:
Unanimous roll call vote
CONSENT CALENDAR (Items Nos. 2 – 4, 6, 8 – 10)
The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers Jordan/O. Gutierrez to approve the balance of the Consent Calendar as recommended.
Vote:
Unanimous roll call.
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.
Action: Approved the recommendation.
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.
Action: Approved the recommendation; Ordinance 6083; (September 27, 2022, Council Agenda Report and any attachments).
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 09/27/2022 Santa Barbara City Council Minutes Page 4 of 7 Purchase and License Agreement for the Cogeneration Plant at the El Estero Water Resources Center Between the City and California Power Partners.
Action: Approved the recommendation; Ordinance 6084; Agreement No. 28,194; (September 27, 2022, Council Agenda Report and any attachments).
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.
Action: Approved the recommendation; Resolution No. 22-100; (September 27, 2022, Council Agenda Report and any attachments).
8. Subject: August 2022 Investment Report (260.02)
Recommendation: That Council Accept the August 2022 Investment Report.
Action: Approved the recommendation; (September 27, 2022, Council Agenda Report and any attachments).
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.
Action: Approved the recommendation; Agreement No. 28,195; (September 27, 2022, Council Agenda Report and any attachments).
09/27/2022 Santa Barbara City Council Minutes Page 5 of 7
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.
Action: Approved the recommendation.
This concludes the Consent Calendar.
REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that the Committee heard the Fiscal Year 2022 Fourth Quarter Review and Proposed Changes to the City’s Reserve Policy, and heard the Library Department Financial Review.
REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Sneddon reported that the Committee heard the proposal to amend the Municipal Code relating to selected Harbor issue and voted unanimously to send the proposal to Council. The Committee also heard revisions to the Fire and Police Commission and voted to forward those recommendations to Council with some revisions.
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.
Documents:
- September 27, 2022 Council Agenda Report and any attachments - PowerPoint presentation prepared and made by staff.
09/27/2022 Santa Barbara City Council Minutes Page 6 of 7 Speakers:
- Staff: Project Planner Timmy Bolton, Community Development Director Eli Issacson; Assistant City Attorney Tava Ostrenger; Assistant City Attorney Denny Wei.
- Members of the Public: Renee Vento; Rob Fredericks; Mimi Greenberg; Lynn Robinson; Steve Biringer; Loy Beardsmore. Ray Markow; Terence Alenann; James Fenkner; Sandy Campbell; Samantha Ireland; Andrew Lechter; Zachary Patterson; Steve Fort. Nadia Abushanab; Anna Marie Gott, Tiffany Haller, Stephanie Poole, Kristen Hendrick.
RECESS
3:50 – 4:05 p.m.
Discussion:
- Discussion ensued on topics including drafting of a short-term rental permitting ordinance, whether program goals are appropriate, and whether the program components are appropriate. Councilmembers’ questions were answered.
Motion:
Councilmember Sneddon/Harmon to direct staff to forward the framework to the Planning Commission with Council comments and answers to Council questions, and for the process to move forward from there.
Vote:
Unanimous roll call vote
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance or made the following comment(s): 1. BEACON; 2. Sustainability Committee; 3. Planned Parenthood annual event 4. Central Coast Water authority; 5. League of cities coastal commission sea level rise meeting; 6. Summer nights debrief; 7. SB Beautiful annual awards, congrats to Sue Adams, John Woodward, Cabrillo Ballpark and the Cabrillo Pavilion; 8. Happy 19th anniversary to Julie.
Councilmember O. Gutierrez reported on their attendance or made the following comment(s): 1. Hispanic Chambers of Commerce Mexican Independence and Hispanic Heritage Month celebration; 2. Airforce full scale emergency exercise; 3. State Street food and beverage committee; 4. Read proclamation celebrating 30th anniversary of Momentum Work Inc; 5. SB County food bank public tour; 6. Swearing in of new police chief Gordon; 7. Regarding the housing crisis task force, met with community commissioners and developers at the Radius Group office; 7. Santa Barbara Foundation luncheon with Councilmember Jordan; 8. Fire and Police Commission 09/27/2022 Santa Barbara City Council Minutes Page 7 of 7 meeting; 9. State St workshop with city staff and MIG consultant; 10. Debrief of summer nights program with Councilmember Friedman; 11. Downtown business ribbon cutting of Sunkissed pantry; 12. Goleta lemon festival; 13. Spoke at SB County recovery day at the courthouse; 14. Library foundation fundraiser at biergarten.
Mayor Rowse reported on their attendance or made the following comment(s): 1. Land trust executive auction; 2. Heroes of Hospice; 3. Material’s yard; 4. Labor line cleanup.
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Rowse adjourned the meeting at 5:53 P.M.
Approved and adopted by the City Council of the City of Santa Barbara on October 11, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
SA390\042\10130308.v1-7/1/22
ORDINANCE NO. _______
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA ADOPTING THE 2022-2025
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SANTA BARBARA AND THE SANTA BARBARA
CITY FIREFIGHTERS' ASSOCIATION
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara City Firefighters' Association entered into as of July 1, 2022 and attached hereto and incorporated herein by reference as Exhibit "A" is hereby adopted.
SECTION 2. During the term of the agreement, the City Administrator is hereby authorized to implement the terms of the Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara City Firefighters' Association without further action by the City Council, unless such further action is explicitly required by state or federal law.
Agenda Item No. 3
File Code No. 440.03
SA390\042\10130308.v1-7/1/22
2022-2025 MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA BARBARA
AND
SANTA BARBARA
CITY FIREFIGHTERS ASSOCIATION, INC.
THIS AGREEMENT, SIGNED ON __________, IS ENTERED INTO AS OF JULY 1, 2022 BETWEEN THE CITY OF SANTA BARBARA (HEREINAFTER REFERRED TO AS "CITY") AND THE SANTA BARBARA CITY FIREFIGHTERS ASSOCIATION, INC. (HEREINAFTER REFERRED TO AS "SBCFA" OR “ASSOCIATION”). IT
SUPERSEDES AND REPLACES THE TERMS SET FORTH IN ANY PRIOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SBCFA.
Pursuant to Section 3500 et seq. of the Government Code of the State of California, the duly authorized representatives of the City and SBCFA, having met and conferred in good faith over the issues of wages, hours, and terms and conditions of employment as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.
FOR THE CITY: FOR SBCFA:
Wendy Levy, Human Resources Director Robert Kendall, Fire Captain Sam Ramirez, Labor Relations Manager Renzo Durbiano, Fire Engineer Keith DeMartini, Finance Director Jon Turner, Fire Captain John Doimas, Assistant City Attorney
_________________________________
Brian Federmann, Fire Ops Division Chief
Alex Kargbo, Firefighter
_________________________________
Mark Kramer, Fire Engineer
_________________________________
Garrett Cuffel, Firefighter
_________________________________
Paul Spinale, Fire Engineer
Stuart Adams, Counsel
EXHIBIT A
SA390\042\10130308.v1-7/1/22
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TABLE OF CONTENTS
Alphabetical by Article Title
ARTICLE- TITLE PAGE
1- BENEFITS DURING SICK LEAVE OR AUTHORIZED LEAVE WITHOUT PAY 1 2- BENEFITS - PART-TIME EMPLOYEES 1
3- BENEFITS - DOMESTIC PARTNERS 1
4- BEREAVEMENT LEAVE 1
5- BIWEEKLY PAY PERIOD 2
6- CAFETERIA PLAN 2
7- CALL BACK 2
8- CATASTROPHIC LEAVE 3
9- CONDUCT UNBECOMING OF A FIREFIGHTER (CUB-F) 3
10- CONFERENCE ATTENDANCE 3
11- DEPENDENT CARE 3
12- DISABILITY RETIREMENT 3
13- DIRECT DEPOSIT 4
14- DISCIPLINARY ACTION 4
15- DRIVER'S LICENSE 4
16- DRUG AND ALCOHOL TESTING POLICY 5
17- EDUCATIONAL REIMBURSEMENT 5
18- GRIEVANCE PROCEDURE 5
19- HAZARDOUS MATERIALS TEAM ASSIGNMENT 7
20- HEALTH INSURANCE FOR UNIT MEMBERS’ SURVIVORS 7
21- HOLIDAY COMPENSATION 7
22- HOLIDAY- ILLNESS OR INJURY 8
23- IMPLEMENTATION OF MOU 8
24- INDUSTRIAL LEAVE 8
25- LAYOFF PROCEDURE 9
26- LEAD CAPTAIN AND TRAINING CAPTAIN ASSIGNMENT 9
27- LIFE INSURANCE 9
28- LONGEVITY PAY 9
29- LOSS CONTROL SUPPORT (SAFETY) 10
30- MAINTENANCE OF BENEFITS 10
ii
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31- MANAGEMENT RIGHTS 11
32- MATERNITY/PARENTAL LEAVE 12
33- MEAL CONTRIBUTION 12
34- MEDICAL AND DENTAL INSURANCE 12
35- MEDICAL AND FITNESS EXAMINATIONS 13
36- MEETING AND CONFERRING 13
37- MINIMUM STAFFING 13
38- MODIFIED DUTY 15
39- MUNICIPAL CODE CHANGES 16
40- NO STRIKE OR LOCKOUT 16
41- NON-DISCRIMINATION 16
42- OUT-OF-CLASSIFICATION WORK 17
43- OVERTIME/FAIR LABOR STANDARDS ACT (FLSA) 19
44- PAYROLL DEDUCTIONS 20
45- PREMIUM PAY FOR USE OF SPANISH LANGUAGE SKILLS 20
46- PROBATIONARY PERIOD 21
47- PROFESSIONAL CERTIFICATION PAY 22
48- RETIREE MEDICAL INSURANCE CONTRIBUTION 23
49- RETIREMENT 25
50- SALARIES 26
51- SBCFA ACCESS TO WORK LOCATIONS 27
52- SBCFA BULLETIN BOARDS 28
53- SCOPE OF THE BARGAINING UNIT 28
54- SERVICE BETTERMENT PAY (EDUCATION) 28
55- SHIFT TRADES 28
56- SICK LEAVE 28
57- STANDBY PAY 29
58- STATION MAINTENANCE 30
59- STEP INCREASE PLAN 30
60- TERM OF AGREEMENT 30
61- UNAUTHORIZED LEAVE/SUSPENSION 30
62- UNIFORM ALLOWANCE 31
63- VACATION 31
iii
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64- WAIVER 32
65- WORK SCHEDULES 33
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1- BENEFITS DURING SICK LEAVE OR AUTHORIZED LEAVE WITHOUT PAY No sick leave, vacation, or holidays shall accrue to any employee during any full biweekly pay period in which the employee is on authorized leave without pay.
Employee on leave without pay shall also be responsible for full payment of insurance premiums.
2- BENEFITS - PART-TIME EMPLOYEES
Employees filling positions authorized by City Council in the official Position and Salary Control Resolution at more than 20 hours per week on a less-than-full time basis shall receive benefits as follows:
i. Cafeteria plan contribution, medical contribution, dental contribution, vision contribution, holiday and other benefits under this Agreement equal to the percent of time regularly scheduled versus a regular full-time (40 hour or 56 hour) schedule rounded up to the nearest ten percent (10%). ii. Vacation and sick leave equal to the percent of time actually worked versus a regular full-time (40 hour or 56 hour) schedule rounded up to the nearest ten percent (10%).
3- BENEFITS - DOMESTIC PARTNERS
The City shall allow same sex and opposite sex domestic partners dependent coverage under the medical, dental, and vision plans. In order to receive this benefit, domestic partners must be registered with the City Clerk’s office or the Secretary of State. The affected employee(s) shall be responsible for all tax consequences of this benefit.
4- BEREAVEMENT LEAVE
In case of death of a member of an employee's immediate family, a 40-hour employee shall be granted three (3) working days with pay, up to a maximum of five (5) days subject to the approval of the Department Head.
Employees of the Fire Department assigned to shift work shall be granted leave not to exceed two (2) shifts (48 hours) off with pay.
Immediate family is defined as mother, father, brother, sister, spouse, registered domestic partner, child, grandparents by blood or marriage, mother-in-law, fatherin-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchildren by blood or marriage, step family members, or person standing in loco parentis. “In- SA390\042\10130308.v1-7/1/22 2
law” and “step” relationships shall include the immediate family of a registered domestic partner on the same basis as that of a spouse.
The intent of bereavement leave is to provide employees with adequate time to be with their immediate family during a period of anguish, whether it be at the time of death, preparation of funeral arrangements, and/or to attend a funeral.
Responsibility for proper administration of this section shall rest with the Fire Chief. 5- BIWEEKLY PAY PERIOD
All references to "hours, shifts, or days" may be considered on the basis of "hours per biweekly pay period" through conversion factors providing substantially equal employee benefits.
6- CAFETERIA PLAN
a. A flexible benefits plan known as a "125 Cafeteria Plan" and the "pre-tax advantage" provisions related to an employee’s eligible insurance premium contributions within the meaning of Section 125(d) of the Internal Revenue Code, shall be provided to employees.
b. Each employee shall be eligible to allocate a discretionary amount of $232.84 per month.
c. If medical and dental insurance selections exceed the cafeteria plan allocation in “b” above, the City will pay the difference of these respective insurance premiums up to the amounts in the Medical and Dental Insurance article of this MOU; said excess premium payments cannot be applied to any other element of the cafeteria plan.
7- CALL BACK
a. 40 hour per week employees called back to work from an off-duty status shall be compensated in accordance with the overtime provision of this Agreement.
b. If an employee is called back to duty on an overtime basis, such employee shall be compensated for no less than two hours overtime. c. Call back time commences upon the employee's receipt of the City's request for the employee to return to duty provided the employee promptly departs for his/her designated duty location.
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d. The Fire Chief retains the right to set administrative criteria governing when a fire investigator call-out, or other call back, is warranted and authorized.
e. Call back is defined as an employee remaining available to return physically to the workplace, at any time outside of normal working hours, and not limited to fielding a call or logging into a computer workstation. 8- CATASTROPHIC LEAVE
Employees will be covered by the Citywide Catastrophic Leave Policy, dated September 22, 2016, and incorporated herein by reference. This policy allows employee donation of eligible accrued time off to a coworker dealing with a catastrophic illness or injury to the coworker and/or the coworker’s spouse, registered domestic partner, or child.
9- CONDUCT UNBECOMING OF A FIREFIGHTER (CUB-F)
Firefighters are emergency responders held to a higher standard of behavior than ordinary employees because they respond to serious health and safety matters and at times may enter private property or residences. While off duty, firefighters shall not behave in a manner, or undertake actions that, reasonably considered, undermine the efficiency, cohesiveness, morale, or mission of the Department. 10- CONFERENCE ATTENDANCE
SBCFA representatives shall be permitted not more than an aggregate total of eight (8) shifts (192 hours) of time off with pay to attend conferences or seminars related to SBCFA activities for each fiscal year (July 1 - June 30). Such attendance is subject to approval of the Fire Chief.
11- DEPENDENT CARE
The City will provide a pre-tax salary reduction plan for employee dependent care needs in accordance with Section 129 of the Internal Revenue Code. 12- DISABILITY RETIREMENT
An employee found physically or mentally incompetent to perform his/her regular duties, even with a reasonable accommodation of a disability, shall be terminated pursuant to City Charter Section 1007 or retired, if eligible, pursuant to State law and City regulations. An employee eligible to retire for non-industrial disability shall be entitled to use a maximum of 180 days (2,160 hours for shift personnel and 1,440 hours for 40-hour per week employees) sick leave benefits prior to the date SA390\042\10130308.v1-7/1/22 4
the employee is eligible for retirement benefits. In no case shall an industrially injured employee be entitled to use sick leave benefits. 13- DIRECT DEPOSIT
All employees shall participate in the City’s payroll direct deposit program.
1. Each employee shall execute a payroll authorization form and submit a voided check or savings deposit slip to the Payroll Office. It shall be the employee’s choice as to which bank he or she designates as the institution receiving payroll funds.
2. When the authorization form is properly executed and filed with the Payroll Office, the City will begin automatically depositing the net amount of pay on or before each designated biweekly payday in the employee's designated bank account.
3. Exceptions: An exception to this policy may be granted by the Finance Director to an employee upon a showing of good cause for such exception (e.g., that he/she is unable to establish and/or maintain a personal banking/financial account for direct deposit, or that other personal circumstances necessitate a temporary or permanent exception). The Finance Director may require the employee to renew this exception periodically. Exceptions will not be unreasonably denied.
4. Employees participating in direct deposit will be provided with a payroll detail report each pay period. Employees will receive and be able to access this information electronically via the City’s computer system. 14- DISCIPLINARY ACTION
The City may provide the option of forfeiture of vacation time in lieu of taking other disciplinary action pursuant to Charter Section 1007 and enabling ordinances. 15- DRIVER'S LICENSE
Employees shall perform all activities necessary to maintain a Class 'C' or equivalent driver's license on their own time and at their own expense. The cost of any additional required driver's licenses, or the certificates or examinations necessary to obtain such licenses, shall be paid by the City. On-duty time, at the Fire Department's convenience, shall be provided for required testing and/or examinations.
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16- DRUG AND ALCOHOL TESTING POLICY
Employees in the job classifications of Administrative Fire Captain, Fire Captain, Fire Engineer, Firefighter, and Fire Inspector I, II and II are covered by the "City of Santa Barbara Drug and Alcohol Testing Policy for Fire Unit Employees" dated September 2000.
17- EDUCATIONAL REIMBURSEMENT
a. Educational Reimbursement Program: Employees shall be eligible for tuition reimbursement through the City of Santa Barbara’s Educational Reimbursement Program.
b. Fire Service Education Travel Expenses and Promotional Study List Materials: The Fire Department will provide up to a $400 reimbursement per fiscal year for the costs of lodging, meals, and mileage for fire service related courses, as outlined in the Standard Operating Procedures Manual, that are satisfactorily completed and receive the prior written reimbursement approval of the Fire Chief.
Reimbursement for the costs of books on the current Fire Engineer and Fire Captain promotional study list, but not eligible for reimbursement under the Educational Reimbursement Program, will also be permitted. The policies regarding reimbursement under this section shall be established by the Fire Chief and become part of the Santa Barbara City Fire Department's Standard Operating Procedures Manual. Reimbursement for lodging, meals and mileage shall be based upon the City of Santa Barbara Travel and Expense Reimbursement Policy for City Employees. The $400 per year available under this section will be accrued on July 1st of each fiscal year, up to a maximum ongoing accrual of $800.”
18- GRIEVANCE PROCEDURE
a. Grievances shall be defined as an alleged violation of this Agreement or dispute regarding interpretations, application or enforcement of this Agreement or the City Charter, City ordinances, resolutions, and written policies related to personnel practices and working conditions. Grievances shall not include disagreements regarding employment (including promotional) exams, disciplinary action, performance evaluations, probationary terminations, and items subject to meet and confer. b. Employees shall be assured freedom from reprisal for using the grievance procedure.
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c. Grievances shall be invalid unless filed within thirty (30) calendar days of the date the alleged grievable activity occurred or the employee could reasonably have known of its occurrence.
d. Step One - Immediate Supervisor. Any employee who has a grievance shall first try to get it settled through discussion with his immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. e. Step Two - Fire Chief. If after such discussion the employee does not believe the grievance has been satisfactorily resolved, he may file a formal appeal in writing to the Fire Chief within ten (10) calendar days after receiving the informal decision of his immediate supervisor. Fire Chief shall render his written decision and comment to the employee within ten (10) calendar days after receiving the appeal.
f. Step Three - Mediator. If, within fifteen (15) calendar days after receipt of the written decision of the Fire Chief the employee is still dissatisfied, he or she may request the services of a mediator from the State Mediation and Conciliation Service.
g. Step Four - City Administrator. If within fifteen (15) calendar days after the mediation process has been completed, or if mediation was not requested within fifteen (15) calendar days after receipt of the written decision of the Fire Chief, and the employee is still dissatisfied, he may appeal the decision to the City Administrator. Such appeal shall be made by filing a written appeal with the City Administrator. The City Administrator shall review the decision of the Fire Chief, and his/her decision, which shall be rendered within twenty-five (25) working days after the appeal is made, shall be final.
The City Administrator may request the advice of the Board of Civil Service Commissioners in any grievance proceeding, but he/she shall not be bound to follow any recommendation of the Board.
h. The time limitations for filing and responding to grievances may be waived or extended by mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at the Fire Chief or City Administrator appeal levels. Employees may be represented by counsel or other person at any stage in the grievance process. For purposes of this Article "working days" refers to days in which the City Hall is open for business.
i. Grievances which are general in character and which involve interpretation or application of this MOU or City policies or which involve matters requiring resolution outside the authority of the Fire Chief shall be filed directly with SA390\042\10130308.v1-7/1/22 7
the Human Resources Director who shall provide a written response within ten (10) working days.
An employee may appeal the response of the Human Resources Director.
The employee's appeal shall be handled in accordance with the procedures in steps three and four above.
j. Complaints regarding performance evaluation (non-grievable) may be discussed with next highest level of supervision above the individual initiating the evaluation and taken to Fire Chief for final review. k. Examinations for employment and promotions shall not be grievable but shall be protested in accordance with approved administrative policy. City will consult with SBCFA prior to adopting and amending said policy. 19- HAZARDOUS MATERIALS TEAM ASSIGNMENT
Any employee holding the rank of Firefighter, Fire Engineer, or Fire Captain who holds either a Hazardous Materials Technician Certificate or a Hazardous Materials Specialist Certificate from the State of California shall be paid in addition to his/her salary range an increase of either five percent (5%) for a Hazardous Materials Technician Certificate or seven percent (7%) for a Hazardous Materials Specialist Certificate while assigned to the Hazardous Materials Team. 20- HEALTH INSURANCE FOR UNIT MEMBERS’ SURVIVORS
The City shall maintain and pay for the existing level of insurance benefits for up to twelve (12) months for the surviving family of a unit member who dies in the line of duty, or for such greater period of time required by state or federal law. 21- HOLIDAY COMPENSATION
Employees shall be eligible to receive holiday time at the general employee holiday and personal leave schedule for 40-hour employees, and seven and onehalf1 (7-1/2) twenty-four hour shifts (180 hours) per year for shift personnel.
Each employee will have the option to receive holiday compensation earned during the payroll year in time off or cash, or any combination thereof. Cash-out will be at the straight time rate of pay at the same time and in the same manner as the vacation cash-out process. Cash-out must be taken at the end of the same payroll year in which the holiday time was accrued. An employee who does not cash-out holiday pay accrued during the year must bid to take the time 1 Effective in pay period commencing July 30, 2022.
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off in the next year, and will not later be eligible to cash-out this time in lieu of taking time off.
Holiday time for suppression personnel shall be taken annually only in conjunction with vacation unless otherwise authorized by the Fire Chief. 22- HOLIDAY- ILLNESS OR INJURY
When an employee is assigned to work on a day which is a holiday for said employee and by reason of illness or job-related illness or injury is unable to work as assigned, such employee shall not be charged with a loss of holiday time in addition to sick leave or injury leave.
An employee unable to work due to extended illness or injury may cash-out holiday time through the holiday/vacation cash-out process at the end of the payroll year by notifying the department of the employee's desire to do so in writing prior to December 15 of the payroll year. Cash-out must be taken at the end of the same payroll year in which the holiday time was accrued. An employee who does not cash-out holiday pay accrued during the year must bid to take the time off in the next year, and will not later be eligible to cash-out this time in lieu of taking time off.
23- IMPLEMENTATION OF MOU
City shall implement the provisions of this Memorandum of Understanding by adopting appropriate resolutions, ordinances, and administrative policies.
An employee will be eligible for any increases to salaries and benefits that were effective prior to adoption of this Agreement, retroactive to the effective dates specified, if the employee was an active City employee and bargaining unit member on the date that the City Council ratified the Agreement. 24- INDUSTRIAL LEAVE
The City shall not deduct either State or Federal withholding taxes from Labor Code Section 4850 payments as long as that practice remains in accordance with the law and the employee is receiving 4850 payments for the entire biweekly pay period. Employees will hold harmless the City of Santa Barbara for any tax or other consequences that may arise from not deducting taxes in accordance with this provision.
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25- LAYOFF PROCEDURE
In cases of abolition of positions which result in layoff of personnel or reduction in force, the following seniority policy shall apply to sworn members of the bargaining unit:
a. The individual with the least time in rank shall be first reduced. Where equal time in rank is the case, total time with the Fire Department shall be used to determine seniority.
b. The individual affected shall have the right to "bump" downward to the next lower sworn rank formerly held by the affected employee such that the last hired employee in the lowest sworn rank shall be the first employee laid off.
Rehiring shall be accomplished pursuant to Section 3.16.350 of the Municipal Code.
26- LEAD CAPTAIN AND TRAINING CAPTAIN ASSIGNMENT
Any employee holding the rank of Fire Captain and assigned responsibility as Lead Captain or Training Captain2 shall be paid in addition to his/her salary range an increase in pay equal to ten percent (10%).
27- LIFE INSURANCE
The City will provide a term life insurance policy in the amount of $75,000 covering the employees only, with equal accidental death and dismemberment coverage. 28- LONGEVITY PAY
Effective July 6, 2024, in recognition of continuous full-time employment as a sworn Fire employee with the City of Santa Barbara, excluding unpaid breaks in service, the eligible employee shall be paid in addition to his/her salary range an increase in pay equal to the following as Longevity Pay. Such increase is in total and not stacked. For example, an employee at the 25 years and more level would receive only 8.0% and not a 21% increase.
5–9 years – 1.0%
10–14 years – 2.0%
15–19 years – 4.0%
20–24 years – 6.0%
25 and more years – 8.0%
2 Effective in pay period commencing July 30, 2022.
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29- LOSS CONTROL SUPPORT (SAFETY)
a. The City and SBCFA will abide by all provisions of the California Plan approved in accordance with the provisions of the Federal Occupational Safety & Health Act of 1970, and any applicable legislation as may be passed by the State of California to implement that plan. b. Any safety courses the employees are required to take will be provided on City time with pay.
c. The City will conduct a Safety Program on City time for the purpose of educating the employees concerning the provisions of the Occupational Safety & Health Act as well as the City safety policies. d. SBCFA will support without qualification the City's Safety Program and will encourage its members to attend safety courses if required by the City and made available on City time.
e. Both the City and SBCFA recognize the need and will strive to reduce the number of industrial injuries among the employees.
f. The City will either provide all safety equipment or will reimburse the employee for purchasing the equipment, whenever such equipment has been required by the City as necessary for the job. Such equipment may include, but not be limited to, safety shoes, safety glasses, helmets, gloves, safety boots, life jackets, and all related safety items. The City will purchase wildland boots for new employees only The City shall retain the right to determine the minimum specifications of the safety equipment, procurement, procedures, and limitations and exclusions. 30- MAINTENANCE OF BENEFITS
a. All benefits (other than direct wages) as provided by ordinances, resolutions, and City Charter, in existence at the commencement of this Agreement, shall not be diminished, lessened, altered or reduced except as may be herein provided for the duration of the Agreement. b. Wage adjustments as provided for from time to time by ordinance, resolution, or City Charter, as such may be amended in accordance with this Agreement, shall also continue for the duration of this Agreement. c. The City has the right and prerogative to assign duties to and direct employees in accordance with applicable job specifications and Section
3.12 of the Santa Barbara Municipal Code.
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31- MANAGEMENT RIGHTS
This section is to be interpreted in a manner consistent with applicable laws and with due regard for the provisions of this Agreement.
The City has an exclusive right to manage and direct the performance of services and the work force performing such services unless the City has specifically delegated, abridged, or modified any such rights in this Agreement. Such rights shall include but not be limited to the sole right to determine the organizational structure of the City, establish levels and types of services to be provided, determine the methods, means, and number of personnel by which operations are to be conducted including sole authority to contract or subcontract for municipal services, and to exercise complete control and discretion over the technology of performing the City's work.
The City retains complete authority over the policies and direction and administration of the Fire Department, including but not limited to standards and methods of selection for employment, promotion and performance evaluation, disciplinary action; relief of employees from duty because of lack of work or other legitimate reasons; maintenance of the efficiency of government operations; establishment of the work week and work schedules; and determination of the content of job classifications.
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32- MATERNITY/PARENTAL LEAVE
An employee may request to take pregnancy and/or parental leave as provided under the City’s “FMLA/CFRA Family Care and Medical Leave Policy”, “Maternity Leave Policy”, and/or “Parental Leave Policy, or as provided under state or federal law.
33- MEAL CONTRIBUTION
Employees are required by the City as a condition of employment to contribute financially to meals in the Fire Station at a charge equal to the value of the meal, irrespective of whether the employee chooses to eat the meal. Employees shall be solely responsible for any financial or tax liability regarding this provision.
Accordingly, the City shall be held harmless from any such liability. The City also shall not be responsible for maintaining any records or providing administration regarding this provision.
34- MEDICAL AND DENTAL INSURANCE
For the length of this Agreement the City will pay 100% of the premium for medical insurance for the employee only up to a maximum monthly amount of $1412.70.
Should the amount of "employee only" premium be less than the dollar limits herein described, the difference between the "employee only" premium and said dollar amount limits shall be applied to employee dependent medical coverage, if any.
For the length of this Agreement the City shall pay 100% of the premium for dental insurance coverage for the employee only up to a maximum monthly amount of $52.00.
The dental insurance shall provide for payments based upon 100% of reasonable and customary charges. The City will update dental schedule to reflect current, usual, customary, and reasonable charges in the Santa Barbara area.
The City retains full and complete control over the selection, approval, and administration of insurance programs to include selection of the carrier, insurance contract renewal, and changes in program specifications.
The City will administer the medical plans option and the City will provide a vision care option for unit employees.
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35- MEDICAL AND FITNESS EXAMINATIONS3
The City shall continue to provide a program of annual medical exams for unit employees regularly assigned to the Hazardous Materials Response Team (HAZMAT); as well as, continuing a program of periodic fitness exams for all unit employees.
The City will provide voluntary medical examinations with a provider agreed to between the Association and the Fire Chief for all employees on an annual basis.
The parties will reopen negotiations, upon either party’s 30 day prior written notice to the other, with regard to implementing a health and/or fitness maintenance program, which may establish requirements to demonstrate minimum job-related levels of health and/or fitness, and/or establish a program to reward employees for achieving and maintaining such level of fitness.
36- MEETING AND CONFERRING
Meeting and conferring over the renewal or continuation of this Agreement shall be initiated at the request of either party after September 1 of the last year of this Agreement, but not later than October 1 of the last year of this Agreement. Every effort will be made to reach an agreement prior to the expiration of this Agreement. 37- MINIMUM STAFFING
For the duration of the Agreement, subject to the requirements of Article X, Section 1008 of the City Charter, the City agrees to initially maintain the following minimum staffing levels:
a. The minimum staffing requirements of the Department shall be as follows:
(1) For Non-ARFF suppression, 25 sworn fire suppression personnel per shift within the City, not including sworn management, consisting of 7 engine companies and 1 truck company. Each engine company shall be comprised of one Fire Captain, one Fire Engineer and one Firefighter. The truck company shall be staffed with one Fire Captain, one Fire Engineer, and two Firefighters. (2) For the Aircraft Rescue and Fire Fighting (ARFF) Suppression Company, there will be 3 sworn fire suppression personnel per shift, comprised of one Fire Captain and two Fire Engineers. (3) Staff on mutual aid of a duration of 12 hours or less will be included in the above numbers, in which case back filling shall be at the discretion of the Fire Chief.
(4) Employee assigned and paid in an “acting” capacity on a shift will 3 Changes to become effective in pay period commencing July 30, 2022.
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be included in the above numbers at the acting rank. As provided under the department’s Standard Operating Procedure
“Overtime/Mandate”, acting employees will only be assigned where not enough personnel of the needed rank have made themselves available to work. City acknowledges that it is not its intent to permanently staff vacancies at the Engineer or Captain rank with acting employees. Out of classification work shall not exceed ten (10) consecutive shifts unless operational needs require a longer duration. The ten (10) consecutive shifts may be extended if operational needs require an extension and after the City has met and consulted with the Association.
(5) For the Prevention Bureau there shall be a minimum of 6 authorized positions on the official list of authorized positions. The City Council may direct that these positions, if vacated by the incumbent employee for reasons other than an involuntary termination, remain unfunded and unfilled without violating this section.
(6) There shall also remain a Training Captain position on the official list of authorized positions. The City Council may direct that this position, if vacated by the incumbent employee for reasons other than an involuntary termination, remain unfunded and unfilled without violating this section, however it is the intent of this section for the Training Captain position remain funded and filled if fiscal conditions permit.
b. If the City Council exercises its rights under Article X, Section 1008 of the City Charter, or otherwise discontinues the minimum staffing levels in Section 3(a), as outlined above, without the express written consent of the Association:
(1) The City will give the Association a minimum of 60 days written notice prior to the effective date of the change to minimum staffing (the “change date”), and
(2) In the event the Association believes that such intended action will affect the safety or workload of affected employees, it shall so advise the City, whereupon the City and the Association shall meet and confer in good faith over the impacts of the change, Such meeting and conferring, however, shall not prevent the City from implementing the staffing change on an interim basis not less than 60 days after notice to the Association, but prior to the conclusion of negotiations over the impacts of the change.
c. Prior to making a decision to “contract out” work currently being performed by ARFF Suppression staff, the City will provide notice to the Association and the opportunity to meet and confer over both the decision and the effects of such decision.
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d. If the City Council exercises its rights under Article X, Section 1008 of the City Charter, or otherwise discontinues the minimum staffing levels in Section 34(a)(ii) Non-ARFF Suppression, Section 34(a)(v) Prevention, or Section 34(a)(vi) Training Captain, without the express written consent of the Association the City will prospectively increase salaries across-the-board by 3%. This subsection “d” shall not apply to a reduction in ARFF Suppression staffing. 38- MODIFIED DUTY
a. The City’s Modified Work Program, which can be found in Chapter 4 and in Appendix 20 of the Injury and Illness Prevention Program (IIPP), shall apply to members of the Association.
b. The following provisions will apply to temporary modified duty assignments at the Fire department.
(1) Industrial Injury/Illness
i. The Fire Chief or his/her designee will coordinate all modified duty assignments for industrial injury or illness. ii. An employee unable to work due to an industrial injury or illness shall immediately notify the on-duty Battalion Chief whenever there is a change to the employee’s work restrictions.
iii. An employee shall immediately make himself or herself available to return to available modified duty upon authorization by the treating physician.
iv. Refusal by an employee with a job related injury or illness to accept a modified duty assignment under the work restrictions approved by the treating physician may result in loss of compensation and benefits under California Worker’s Compensation law and/or Labor Code §4850, consistent with applicable law.
v. An employee on modified duty will not be denied normal promotional or training opportunities based on his or her modified duty status.
vi. Modified duty assignments will be scheduled as follows, unless otherwise scheduled by the Fire Chief:
A. Short term: For modified duty of less than three
weeks (21 consecutive calendar days) the employee will work 8:00 a.m. to 5:00 p.m. on the regularly assigned shift.
B. Long term: For modified duty of more than three
weeks, the employee will be converted to a 40-hour work week (typically four 10-hour days).
(2) Non-Industrial Injury/Illness
i. The Fire Chief may consider requests for a voluntary modified duty assignment from an employee who sustains a non-industrial SA390\042\10130308.v1-7/1/22 16
injury/illness.
ii. If approved, a fire department employee will work a modified duty assignment in lieu of using sick leave or other disability benefits. iii. For all non-industrial injury or illness the employee will be converted to a 40-hour work week (typically four 10-hour days). iv. The Fire Chief may end any such modified duty assignment at his or her sole discretion.
39- MUNICIPAL CODE CHANGES
During the term of this Agreement the City and the SBCFA shall meet and confer with regard to any City proposed updates to Municipal Code Title 3 to reflect current practices.
40- NO STRIKE OR LOCKOUT
a. During the term of this Agreement, the City will not lockout employees and SBCFA will not engage in labor practices detrimental to providing services to the citizens of Santa Barbara or detrimental to the interests of the City; nor will SBCFA sanction, support, condone, approve, or engage in any strike, sick-in, slow-down, work stoppage, or speed-up. All matters of controversy coming within the scope of this Agreement will be settled by established grievance procedures.
b. Violation of the above shall be just cause for disciplinary action including termination.
c. City and SBCFA will not breach the terms of this Memorandum of Understanding or commit any unfair labor practices during the term of this Agreement.
41- NON-DISCRIMINATION
a. The provisions of this Agreement shall be applied equally to all employees covered herein without favor or discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, pregnancy, age, sexual orientation, political or religious affiliations, union membership, or military and veteran status. b. The City and SBCFA will commit themselves to the goal of equal employment opportunity in all City services. Further, the Union agrees to encourage their members to assist in the implementation of the equal employment opportunity program.
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c. The taking of FMLA leave, or other leaves of absence protected under state and federal law, will not be used as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, nor will such leave be counted as a negative factor under attendance policies, provided that the employee has complied with any and all notice and proof requirements applicable to such leave.
f. Repeated discourteous treatment by any City employee of fellow coworkers may be reported to the supervisor or Human Resources. Such behavior, or retaliation against a coworker for reporting such behavior in good faith, may subject the employee to corrective action up to and including discipline. g. Complaints may also be made under the terms of the Citywide Violence in the Workplace Policy (contained in the Injury and Illness Prevention Program) or Non-discrimination and Harassment Policy, as appropriate. 42- OUT-OF-CLASSIFICATION WORK
a. Suppression Employees. When a certified employee has worked out-ofclassification, the certified employee shall be compensated at the rate of the higher classification while the out-of-classification work continues.
Compensation for working out-of-class shall be as follows:
(1) Firefighters working as Acting Engineer, and Engineers working as Acting Captain:
The lowest salary step of the higher classification that is at least 5% above the employee's current base pay.
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(2) Firefighters working as Acting Captain:
The lowest salary step of the higher classification that is at least 10% above the employee's current base salary.
For the purposes of this subsection, an out-of-classification assignment is defined as the full-time performance of all the duties of an authorized, funded, permanent, full-time position in one classification by an employee in a position in another classification. Credit or pay for out-of-classification work shall accrue in half or full shift increments only. b. An employee assigned to work as a Battalion Chief shall be compensated at the greater of either minimum base salary assigned to that class or at least receive a 15% (fifteen percent) increase in base salary (up to maximum of range) for each full shift or day the employee is assigned such work.
c. Prevention Employees. Working a Fire Prevention employee out-ofclassification that is not certified as an Inspector II or III will occur only to meet the work requirements within the City and that such out-ofclassification work will terminate fifteen (15) consecutive work days or thirty (30) work days in any one calendar year, or if extended beyond fifteen (15) consecutive or thirty (30) work days, the employee shall be compensated at the rate of the higher classification while the out-of-classification work continues. When an employee with certification has worked out-ofclassification, the certified employee shall be compensated at the rate of the higher classification while the out-of-classification work continues.
For purposes of this subsection, an out-of-classification assignment is defined as assignment by the Fire Chief or designee of the full-time performance of the significant duties of an authorized, funded, permanent, full-time position in one or more higher classification(s) by an employee in a position in another classification. "Significant duties" shall be as defined on the appropriate class specification.
When an employee works out-of-classification continuously for fifteen (15) working days or more, the City shall place a letter in the employee's personnel file acknowledging the out-of-classification work.
It is the intent of this subsection to compensate employees for assigned outof-class work which extends beyond fifteen (15) consecutive or thirty (30) work days in any one calendar year.
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43- OVERTIME/FAIR LABOR STANDARDS ACT (FLSA)
a. All unit members are exempt under the provisions of the 7K exemption of the Fair Labor Standards Act (FLSA).
b. Suppression employees shall be on a 24-day work period. c. Overtime compensation for employees shall be as follows:
(1) Suppression Employees. Suppression employees shall be compensated at time and one-half their regular rate of pay for all hours worked in excess of 182 hours in a 24-day work period. Paid leave time shall count as time worked for purposes of this section.
All emergency call back and hold over time shall be compensated at time and one-half.
(2) Prevention Employees. Prevention employees shall be compensated at one and one-half times their regular rate of pay for all hours worked in excess of their regularly scheduled shift and/or in excess of 40 hours per week. Paid leave time shall count as time worked for purposes of this section.
d. Hourly rates for suppression employees shall be based on the established biweekly salary divided by 112 hours.
e. Employees assigned to fire watch overtime hours (e.g. movie sets, concerts) will be paid at time plus one-half.
f. Emergency callback overtime is paid from time of notification to time of departure from the station or other assigned reporting site. Other overtime, including but not limited to scheduled and mandated overtime, is paid from arrival to until departure from the station or other assigned reporting site. g. Comp Time may be earned and used as follows:
1. Employees shall have the option to be compensated by CTO for any portion of overtime worked at a time and one-half CTO rate, subject to a CTO accrual limit of 1204 hours for suppression employees and 60 hours for prevention employees. Unless employees specifically designate CTO compensation for overtime worked, employees will receive monetary compensation for such overtime.
4 Effective in pay period commencing July 30, 2022.
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2. Effective July 1, 2022, employees will be limited to no more than 120 hours of compensatory time used as paid time off in any calendar year.
3. CTO shall be taken off under the same policies and procedures that govern vacation.
4. An employee may also request, in the same manner as vacation time, to utilize CTO beyond the maximum five employees per shift if sufficient staffing will be available. The availability of sufficient staffing will be determined by the department after the pre-schedule has occurred for the shift in question and the roster has been completed.
h. Members that respond to emergencies outside of the City’s jurisdiction will be paid “portal to portal” while in the course of their employment and assigned to an emergency incident, or pre-positioned for emergency response outside of the City’s jurisdiction.
44- PAYROLL DEDUCTIONS
The City will continue deducting monies from payroll and remit same to SBCFA as authorized by employee payroll deduction authorizations in accordance with present policy. Any changes in dues deductions shall be subject to indemnification of the City by SBCFA.
SBCFA will meet and confer at the City's request regarding the addition or deletion of other payroll deductions.
45- PREMIUM PAY FOR USE OF SPANISH LANGUAGE SKILLS
For all employees designated by the Fire Chief, who establish to the satisfaction of the Chief and the Human Resources Manager proficiency in conversing and reading skills in Spanish as demonstrated by appropriate testing, the City will pay premium pay of $51.20 each biweekly pay period.
Employees receiving such premium pay may be required to show continued proficiency as demonstrated by an annual recertification exam that is the same as the initial qualifying exam.
Employees who are off-duty for an extended period of time due to illness or injury (including industrial-related illness or injury) and are designated by the Fire Chief to take the exam, may take the test to establish proficiency in Spanish language skills; however, he or she will not begin receiving the premium pay until they return to active duty.
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46- PROBATIONARY PERIOD
The City may extend the probationary period upon written agreement of the employee. A consecutive period of time served by an employee in an acting capacity immediately prior to his/her regular appointment to the position shall be applied to the one year probationary period.
In addition, any period of ten (10) or more shifts served by an employee in an acting capacity within the six (6) months immediately prior to promotion shall be credited to the employee's probationary period.
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47- PROFESSIONAL CERTIFICATION PAY
a. Employees who meet the certification and eligibility requirements set forth herein shall receive the following pays effective the first full pay period following ratification of the MOU amendment. The percentage listed multiplied by the employee’s base salary rate constitutes the amount of the pay. The certificates listed below enhance the employees’ ability to do their job and a program or system is in place to evaluate and approve acceptable courses.
EMT-D* 2%
California State FF1 Certification
OR
California State Fire Inspector I
2%
California State FF II Certificate
OR Completion of FFI Certified Fire Academy
plus 1 year as a professional Firefighter
OR California State Fire Investigator I
Certificate
2%
Completion of Company Officer Courses
(2A, 2B, 2C, 2D, 2E, Instructor 1)
OR
Completion of State Fire Inspector II Courses
(2A,2B, 2C, 2D)
1%
California State Company Officer Certificate
OR
California State Fire Inspector II Certificate
2%
Water Rescue Team Member 2%5
Urban Search and Rescue (USAR) 3%6
b. Certification Requirements
5 Effective in pay period commencing July 30, 2022.
6 Effective in pay period commencing July 30, 2022.
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*EMT-D certification requirement as determined by the Santa Barbara County Emergency Medical Services Agency. Employee shall lose the certification pay and eligibility if recertification requirements are not met as determined and required by the Santa Barbara County Emergency Medical Services Agency. c. Eligibility Requirements
All eligible members will begin receiving pay effective the first full pay period following ratification of the MOU amendment. Subsequently, upon providing proof of eligibility, all newly eligible members will receive pay effective no later than two pay periods following submission.
d. Change in Criteria Meet and Confer
In the event that the requirements/criteria for either the courses and/or certificates changes from current July 1, 2022 standards in such a manner so as to adversely impact the members’ ability to obtain the percentages specified herein, the parties agree to meet and confer to ensure that the ability to maintain/obtain the percentages in this section are preserved. 48- RETIREE MEDICAL INSURANCE CONTRIBUTION
a. This provision is applicable to employees who retire from City service on or after July 1, 1994, and
1. Have 15 or more years of classified or unclassified service; or
2. Retire from City with an industrial disability.
b. For employees who retire on or after the date this Agreement is ratified by the City Council, the City shall contribute $12.00 per month, per year of service up to a maximum of 35 years (i.e., $420.00/month) towards the purchase of medical insurance for the retiree and his/her spouse or registered domestic partner, if applicable.
Employees who retire from the City with an industrial disability shall receive a minimum contribution based upon 15 years of service, or actual years of service, whichever is greater.
c. The retiree is not limited to purchase of a City sponsored plan, provided however, that if the retiree purchases another insurance plan, the retiree must supply the City with adequate proof of insurance coverage prior to any contribution from the City. Proof of such coverage shall be provided to the City on a periodic basis, as reasonably determined by the City.
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d. The City shall continue to make its contribution until the retiree reaches age 65 or dies, whichever occurs first, provided however, that if the retiree dies before reaching the age of 65 and there is a surviving spouse or registered domestic partner, the City's contribution shall cease when the retiree would have reached age 65. Thereafter, the spouse or registered domestic partner may remain on the insurance plan, at his/her own cost, subject to the conditions set forth by the insurance company.
e. In the event Health Care legislation is passed which affects the nature of the benefit described above, the parties will reopen negotiations and modify this benefit, if necessary, so as to maintain their original intent (e.g., eligibility, scope, cost).
2. RETIREE MEDICAL TRUST
a. Effective April 1, 2022, per the Association’s internal rules the employees voted to enter into an agreement with the California Firefighter Benefit Trust.
b. DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS.
Employees receiving contributions to the Trust, as set forth below, consists of all employees represented by the Association. c. The City and the Association agree that the City shall withhold a mandatory contribution of $200.00 per month on a pre-tax basis from the pay of every employee who is a member of the bargaining unit represented by the Association and shall transmit such contributions to the Trust pursuant to the requirements in Section d below. No employee shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash.
d. REMITTANCE OF CONTRIBUTIONS. The City shall remit the above contributions directly to the Trust for the duration of the Memorandum of Understanding. Those contributions shall be remitted per pay period, in one aggregate [ACH transfer or wire] directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee.
e. RECEIPT OF TRUST AGREEMENT. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth herein.
f. REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust Office a report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the SA390\042\10130308.v1-7/1/22 25
Trust Office within five (5) days of receipt of the contribution funds. (1) The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.
g. MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE
AMOUNTS. The City and the Association agree that the Association has the right, subject to approval of its members according to the Association’s internal rules, to prospectively modify the amount of the mandatory employee contribution (Section c) in any increment of $25, or to include the mandatory transfer of employee leave where an employee is eligible to receive a monetary payout of accrued leave during the course of this Agreement, so long as the modification is mandatory for all employees covered by this Agreement.
h. LIMITATION OF LIABILITY. The Association shall indemnify, defend and hold harmless the City from any claim, complaint, assessment, penalty or damages asserted by any person or entity, including any state or federal authority, arising out of Association participation in the Trust, including but not limited to fines, fees, or penalties issued by state or federal taxing authority against the City due to employee payroll deductions or compensation payouts that are directed to the Trust.
49- RETIREMENT
a. Classic Employee For employees who are “Classic” employees under the Public Employees Retirement System (PERS):
(1) The City shall provide the 3% at age 50 PERS retirement formula for Fire safety employees.
(2) The employee will pay the full member contribution. (3) Classic employees will pay an additional cost share amount as follows:
i. Effective June 23, 2018, “Classic” employees under CalPERS will pay an additional 1.5% to CalPERS as cost-sharing under section 20516 (f), the “MOU Method,” of cost-sharing. This amount will be in addition to the 9% member contribution, for a total employee contribution of
10.5%.
ii. To the extent allowable by CalPERS, and consistent with the results of any required member election, these contributions will be tax-deferred and credited to the member account through the “Amendment Method” of cost-sharing. The City agrees to use reasonable haste to determine the eligibility of the cost-share under the amendment method, and to SA390\042\10130308.v1-7/1/22 26
conduct any administrative processes necessary to achieve such amendment.
(4) The City shall provide One-Year Highest Compensation pursuant to Section 20042 of the California Government Code.
b. PEPRA Employee Effective January 1, 2013, “New” Fire Safety members as defined by California Public Employees’ Pension Reform Act of 2013 (hereinafter “PEPRA Employees) will be covered under the 2.7% at 57 Safety retirement formula, with a final compensation measurement period of the average of the highest three (3) consecutive years, as well as all other statutory requirements..
Effective January 1, 2013, new employees and/or members as defined by statute shall contribute half the normal cost for benefits, as defined by statute; the City will not pay any portion of these employees’ required contributions. c. For both “Classic” and “PEPRA” PERS members:
(1) The City shall provide Post-Retirement Survivor Allowance to Continue After Remarriage pursuant to Section 21635 of the California Government Code. This provides that if the surviving spouse remarries on or after January 1, 1985, the Post-Retirement Survivor Continuance will not cease.
This section will apply on account of remarriages that occur on and after the contract inclusion date for survivors or contracting agency members. (2) The City shall provide Increased Level of 1959 Survivor Benefits pursuant to Section 21572 of the California Government Code. This benefit allows the City to provide 25% higher levels of 1959 Survivor Benefits than the level one benefits provided under section 21571 of the California Government Code.
(3) Suppression employees will have fifty-six (56) hours of regular salary reported to PERS.
(4) The City shall provide for employees to convert unused accumulated sick leave to additional PERS service credit at the time of retirement. (Government Code Section 20965).
(5) The City’s contract with PERS shall provide that Fire Inspectors I, II and III shall be designated as safety employees for purposes of retirement. (Government Code Section 20433).
d. Notwithstanding the above, the unclassified classification of Firefighter-Entry shall be enrolled in the CalPERS Miscellaneous retirement plan and subject to the contribution requirements applicable to the Miscellaneous plan. 50- SALARIES
a. The compensation which shall be paid to fire personnel shall be in accordance with Section 1211 (b) of the City Charter as amended.
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b. Further, the City agrees to provide employees with a minimum 5% increase in base salary upon promotion up to the maximum of the salary provided in the salary range for the position.
c. The following across-the-board increases will go into effect as indicated:
Effective Date Base Salary Increase
July 30, 2022 1.5%
July 1, 2023 3.0%
July 1, 2024 No salary increase
Should a formal salary/compensation survey occur, the following survey agencies will be used:
Santa Cruz
Santa Monica
Huntington Beach
Oxnard
Ventura
Newport Beach
Pasadena
Burbank
Montecito
Carpinteria
Glendale
Beverly Hills
51- SBCFA ACCESS TO WORK LOCATIONS
a. SBCFA officers or employees shall be permitted reasonable access to work locations for the purpose of processing grievances or contacting members concerning issues of wages, hours, or terms and conditions of employment.
Work locations will not be entered without the knowledge and consent of the Chief Officer on duty. Access shall not interfere with normal department operations or established safety or security requirements. b. Solicitation of membership and activities concerning SBCFA internal management shall not be conducted during working hours without the consent of the Fire Chief. The right to solicit members and conduct SBCFA activities shall not be unreasonably withheld if said activities are conducted during non-scheduled activity hours.
SA390\042\10130308.v1-7/1/22 28
c. SBCFA shall submit requests to the Chief or his designee at least twentyfour (24) hours in advance of its desire to conduct a SBCFA meeting on City property. The Fire Chief or his designee has the discretion to approve any request but may not withhold approval unreasonably. The Fire Chief's response to SBCFA will be made within a reasonable time so that SBCFA can make other arrangements if necessary.
52- SBCFA BULLETIN BOARDS
The Association may furnish a bulletin board at each main work location for the conduct of Association business. The size and location of the boards must be approved by the City. All materials to be posted on such bulletin board shall be non-defamatory, must be approved and signed by an Association official and shall be used only for information related to the following subjects: Association recreational, social and related news bulletins, meeting notices, election notices and results, and other official Association business such as Committee reports. 53- SCOPE OF THE BARGAINING UNIT
The bargaining unit will represent all employees in the classifications of Firefighter – Entry, Firefighter, Fire Engineer, Fire Captain, Fire Inspector I, Fire Inspector II and Fire Inspector III.
54- SERVICE BETTERMENT PAY (EDUCATION)
The former City Service Betterment Pay Plan was eliminated January 1, 1977. 55- SHIFT TRADES
Employees may voluntarily exchange work shifts or any portion of a shift with 24 hours advance notice and approval from the Fire Chief or designated representative. Employees exchanging shift time shall be of equal rank.
The City and Fire Department are not responsible for shift exchange arrangements made between employees. Outstanding shift exchange paybacks are the responsibility of the individual employee.
56- SICK LEAVE
a. Employees shall be eligible to accrue sick leave at the rate of 12 days (144 hours for shift personnel and 96 hours for 40-hour per week employees) per year. Sick leave may be accumulated up to a maximum of 180 days (2,160 hours for shift personnel and 1,440 hours for 40-hour per week employees).
Sick leave may be used for the diagnosis, care or treatment of the SA390\042\10130308.v1-7/1/22 29
employee’s existing health condition or preventative care (e.g. medical appointments). Employees may also use sick leave if they are a victim or domestic violence, sexual assault, or stalking, as provided under state law.
In no case shall sick leave be used in lieu of or in addition to vacation or industrial injury/illness leave. An employee’s use of the first one-half of paid sick leave in a calendar year (72 hours for Shift personnel and 48 hours for 40-hour per week employees) for any qualifying reason, is considered “Protected Sick Leave.” As such, no physician’s statement is required for sick leave utilized during this period. Thereafter, Section 3.08.170 of the Municipal Code regarding presentation of a physician's statement as proof of illness or sick leave absences, of for more than three consecutive working days, shall be interpreted to mean that such a physician's statement shall be required for absences of more than two consecutive shifts for shift personnel. Employees may use up to 6 days (72 hours for Shift personnel and 48 hours for 40-hour per week employees) of accrued sick leave per calendar year for the diagnosis, care or treatment of an existing health condition or preventative care (e.g. medical appointments) of a child, parent, spouse, domestic partner, child of a domestic partner of the employee, grandparents, grandchildren, siblings and parents-in-law, as provided under state law.
b. Sick Leave Annuity Upon Retirement - At the time of retirement, the City shall calculate the amount of an annuity for sick leave for the retiring employee using the formula for sick leave conversion that is set forth in Government Code section 20965. The following conditions apply to this benefit:
(1) In order to qualify for payout of sick leave upon retirement, the retiring employee must have at least thirty (30) years of service and at least 500 accrued sick leave hours;
(2) The conversion rate of 0.004 year of service credit for each 8-hour day of sick leave is utilized.
(3) The retiring employee will be paid out in a lump sum amount based upon the value of the sick leave annuity.
57- STANDBY PAY
When department management assigns 40 hour per week prevention employees to be on standby duty, the employees shall be compensated and governed by the following:
a. Employees shall be ready to respond to calls for their services. b. Employees shall be readily reachable by telephone or paging device.
SA390\042\10130308.v1-7/1/22 30
c. Employees shall remain within sixty minutes travel time from Santa Barbara City.
d. Employees shall refrain from activities which might impair their ability to perform their assigned duties.
The hourly standby pay amount will be $5.41 per hour.
Effective July 1, 2023, the hourly standby pay amount will be $10.00 per hour.
Employees shall not accrue standby pay simultaneously with overtime pay. 58- STATION MAINTENANCE
Employees shall be responsible for interior and exterior day-to-day routine maintenance necessary to maintain cleanliness of fire stations, related buildings and appurtenant grounds. Any additional work other than that which is necessary to maintain cleanliness shall not be required unless mutually agreed by the Association and the City.
59- STEP INCREASE PLAN
a. Entry Level Firefighters shall be appointed at the A step. Entry level personnel shall be eligible for a salary step increase to the B step upon satisfactory completion of a probationary period of one year and a "probationary firefighters examination."
b. Further step increases through the salary range shall require, in addition to satisfactory performance, a period of one year of actual service in each step.
60- TERM OF AGREEMENT
The term of this Memorandum of Understanding is for three years commencing on July 1, 2022 and expiring on June 30, 2025.
61- UNAUTHORIZED LEAVE/SUSPENSION
No sick leave, vacation, or holiday time shall accrue or be paid during any period of unauthorized leave or suspension. Should the suspension later be overturned, employee shall receive "back" pay and benefits that would have accrued to the employee as if the suspension had not taken place.
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62- UNIFORM ALLOWANCE
a. The City shall provide employees in the bargaining unit an annual uniform allowance of $595 per full year that provides the entire City contribution for maintenance, cleaning and replacement of any authorized uniforms.
Payment of the uniform allowance will be paid to employees on a bi-weekly basis.
b. Newly hired employees will receive the full annual uniform allowance upon their commencement of employment with the City. Following twelve (12) months of employment, employees will receive their uniform allowance pursuant to the provisions of paragraph 'a' above.
c. The Fire Department's dress, fatigue and physical fitness exercise uniforms are for official on-duty use only and are not to be mixed with personal clothing or worn off-duty. Any use of fire equipment or the wearing of the Fire Department uniform by fire personnel not on duty will only occur with the express permission of the Fire Chief or designee.
d. The Fire Department will exchange uniforms destroyed in the line of duty. e. The City will clean employee turnouts as needed.
Limited reopener – The SBCFA and City agree to commence limited reopener negotiations during the term of the MOU as to the uniform allowance only.7 63- VACATION
a. The following vacation schedule shall apply to shift personnel:
0 - 9 years continuous service accrues at 11 days (132 hours) per year. 10 – 14 years continuous service accrues at 17 days (204 hours) per year.
Effective July 1, 2023, the following vacation schedule shall also apply to shift personnel:
15 – 19 years continuous service accrues at 276 hours per year. 20+ years continuous service accrues at 348 hours per year. b. Employees assigned to 40-hour work week prevention function shall receive the General Unit employee’s vacation schedule.
c. Vacation hours bid in any vacation year must be taken by the end of that vacation year or the employee will cease accruing vacation, unless the 7 Effective in pay period commencing July 30, 2022.
SA390\042\10130308.v1-7/1/22 32
employee elects to cash-out “unscheduled” vacation time pursuant to paragraph “e” below. It shall be the employees’ responsibility to monitor their vacation accrual and schedule their unbid vacation days. Said limitation on accumulation of vacation hours shall not apply if scheduled vacations are canceled by the City for emergencies or canceled due to illness, injury or personal emergencies of employees. All vacation hours carried over due to the cancellation of a scheduled vacation shall either be taken or cashed in by the end of the following vacation year. d. Employees may maintain a bank of unbid vacation hours not to exceed their previous year's accrual. These unbid vacation hours may be taken with prior scheduling and approval by the City consistent with the staffing needs of the department.
Each year an employee must bid sufficient vacation hours so that his/her unbid hours do not exceed an amount equal to his/her previous year's vacation accrual.
e. If a 40-hour employee takes a minimum of 80 hours of vacation during a payroll year, that employee is eligible to cash out any remaining vacation time. If a 56-hour employee takes a minimum of 96 hours of vacation during a payroll year, the employee is eligible to cash out any remaining "unscheduled" vacation time. Cash-outs of vacation time shall occur annually in conjunction with the vacation scheduling process. f. Vacations shall be scheduled in accordance with Municipal Code Chapter
3.08. A maximum of five (5) employees per shift may schedule vacation, holiday, or compensatory time off during any vacation year. g. The City retains the right to cancel scheduled time off during emergencies. 64- WAIVER
Except as otherwise provided in this Agreement, each party voluntarily and unqualifiably waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement. Nothing in the foregoing however, shall preclude the parties from meeting and consult during the term of this Agreement on matters of mutual concern. Such meeting and consulting shall be by mutual consent only.
Nothing in this Agreement shall in any way diminish the rights of the employees, the City, or the SBCFA as established by the Meyers-Milias-Brown Act of the State of California and all amendments thereto, or Santa Barbara Municipal Code, Chapter 3.12, except as herein provided.
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65- WORK SCHEDULES
a. Suppression Employees
(1) Suppression employees shall be regularly scheduled to work a 48/96 schedule. The following will apply to employees on a 48/96 work schedule:
i. A duty shift will be a period of 24 consecutive hours, starting at 0800 hours one day and continuing to 0800 hours the next day. A scheduled rotation will occur after 2 shifts (48 hours), followed by 96 hours off. This will result in 10 hours of scheduled overtime per 24- day FLSA work period.
ii. Except for off-district assignments through mutual aid or unusual circumstances, such as a local disaster, after 96 continuous duty hours an employee may request a minimum 12-hour period off duty for safety reasons before the employee returns to any duty. The Fire Chief or his/her designee also has the discretion to limit continuous duty to 96 hours for safety reasons.
(2) City shall designate the employee's work week and may change an employee to a 40-hour week by providing 30 calendar days advance notice unless mutually agreed by employee and City or unless unanticipatable circumstances, other than discipline or retraining, necessitate lesser notice in order to maintain service levels and normal activities. The 30 calendar day notice will not apply to an employee whose schedule changes when starting or ending a temporary modified duty assignment. (3) Any firefighter, fire engineer, or fire captain that is either:
i. Assigned by the Fire Chief or his/her designee to a 40-hour work schedule while on mandatory temporary modified duty due to an industrial illness or injury; or
ii. Designated by the Fire Chief to work in an administrative capacity on a schedule of 40 hours a week to meet the needs of the City, will receive a biweekly “administrative assignment pay”. The biweekly amount will be approximately equal to 3 hours at the straight time hourly rate of pay for an employee in the same job classification, but assigned to a 56-hours per week schedule.
The purpose of this pay will be to maintain a salary for the employee on a 40-hour per week administrative assignment that is approximately equal to that of an employee assigned to a 56-hour per week schedule. Any previous practice designed to achieve this salary equivalency will be discontinued. An employee assigned to a 40-hour schedule at his or her own request (e.g., due to a non-industrial illness or injury) will not be eligible for administrative assignment pay.
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(4) If the City desires to change the regular work schedule, it shall notify the Association and provide it the opportunity to meet and confer. b. Prevention/Investigation Employees
Employees shall be regularly scheduled to work an average 40-hour work week and shall receive a minimum of two (2) consecutive days off subject to emergency call back, overtime or standby. The City shall designate the employees' work week.
c. Moving from 40-hour to 56-hour shift
When an employee moves from a 40 hour shift to a 56 hour shift, and vice versa, no conversion shall be made to the hours in the employee’s accrued leave banks.
An employee may use previously accrued vacation on an hour-for-hour basis.
However, the employee will begin accruing leave at the new rate applicable to that new schedule
i
9121612.1 SA390-037
ORDINANCE NO. ______
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA BARBARA
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SANTA BARBARA AND THE SANTA BARBARA POLICE
OFFICERS ASSOCIATION FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara Police Officers Association entered into as of July 1, 2022 and attached hereto and incorporated herein by reference as Exhibit "A" is hereby adopted. The FY23 Salary Schedule, effective Oct 8, 2022 attached hereto and incorporated herein by reference as Exhibit “B” is hereby adopted.
SECTION 2. During the term of the agreement, the City Administrator is hereby authorized to implement the terms of the Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara Police Officers Association without further action by the City Council, unless such further action is explicitly required by state or federal law.
Agenda Item No. 4 File
File Code No. Code No. 440.03
ii
9121612.1 SA390-037
EXHIBIT A
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SANTA BARBARA AND THE
SANTA BARBARA POLICE OFFICERS ASSOCIATION
THIS AGREEMENT, SIGNED ON , IS ENTERED INTO AS OF
JULY 1, 2022, BETWEEN THE CITY OF SANTA BARBARA, HEREINAFTER REFERRED TO AS THE "CITY," AND THE SANTA BARBARA POLICE OFFICERS ASSOCIATION, HEREINAFTER REFERRED TO AS THE "ASSOCIATION."
Pursuant to Section 3.12 of the Municipal Code of the City of Santa Barbara and Section 3500 et. seq. of the Government Code, the duly authorized representatives of the City and the Association, having met and conferred in good faith concerning wages, hours, and terms and conditions of employment of Unit employees, declare their agreement to the provisions of this Memorandum of Understanding.
FOR THE CITY: FOR THE ASSOCIATION:
Wendy Levy
Human Resources Director
Eric Beecher
Executive Director
Sam Ramirez, Heather Clark
Labor Relations Manager Association President
________________________________ _________________________________ Keith DeMartini Sadie Carr
Finance Director Police Services Coordinator
________________________________ _________________________________ John Doimas Ben Ahrens
Assistant City Attorney Sergeant
________________________________ _________________________________ Kenneth Kushner Mark Corbett
Commander Officer
_________________________________
Adam Mik
Officer
_________________________________
Rashun Drayton
Sergeant
Jessica Ulleymer, Property Evidence Tech
iii
9121612.1 SA390-037
TABLE OF CONTENTS
(Online version- “Click” on any article to skip to that Article) ARTICLE # PAGE #
1. Benefits- Domestic Partners ...............................................................................................................1
2. Benefits- During Authorized Leave Without Pay..................................................................................1
3. Benefits- Part-time Employees...........................................................................................................1
4. Bereavement Leave............................................................................................................................1
5. Biweekly Pay Period...........................................................................................................................2
6. Cafeteria Plan.....................................................................................................................................2
7. Call Back ............................................................................................................................................2
8. Canine Pay.........................................................................................................................................3
9. Child Care ..........................................................................................................................................3
10. Educational Incentive Pay Plan...........................................................................................................3
11. Emergency Medical Dispatch Personnel.............................................................................................3
12. Equal Employment Opportunity ..........................................................................................................3
13. Grievance Procedure..........................................................................................................................4
14. Health Insurance for Unit Members' Survivors ....................................................................................4
15. Holidays .............................................................................................................................................4
16. Implementation of MOU......................................................................................................................5
17. Jury Duty and Court Appearances ......................................................................................................5
18. Layoff Procedure ................................................................................................................................5
19. Life Insurance.....................................................................................................................................6
20. Loss Control Support..........................................................................................................................6
21. Maintenance of Benefits .....................................................................................................................6
22. Management Rights ...........................................................................................................................6
23. Medical, Dental, and Vision Insurance ................................................................................................7
24. Meeting and Conferring ......................................................................................................................7
25. Municipal Code Changes....................................................................................................................7
26. No Unfair Labor Practices...................................................................................................................8
27. "Non-Sworn Personnel" Shift Assignments .........................................................................................8
28. Overtime ............................................................................................................................................8
29. Payroll Deductions..............................................................................................................................9
30. Premium Pay for Use of Bilingual Skills ..............................................................................................9
31. Recruitment Incentives .....................................................................................................................10
32. Retiree Medical Insurance Contribution ............................................................................................10
33. Retirement .......................................................................................................................................11
34. Retroactivity .....................................................................................................................................13 iv
9121612.1 SA390-037
35. Salary Adjustments...........................................................................................................................13
36. Salary Increases Upon Promotion ....................................................................................................14
37. Salary Ranges For Police Officer......................................................................................................14
38. Salary Step Movement .....................................................................................................................15
39. Scope of Representation ..................................................................................................................15
40. Service Credit for Sick Leave Upon Retirement ................................................................................16
41. Shift Differential for Non-Sworn Personnel........................................................................................17
42. Sick Leave........................................................................................................................................17
43. Specialty Assignment Program.........................................................................................................17
44. Standby Pay.....................................................................................................................................18
45. Term of Agreement...........................................................................................................................18
46. Time Off for Association Officers.......................................................................................................18
47. Training............................................................................................................................................18
48. Transportation Demand Management ..............................................................................................19
49. Tuition Reimbursement.....................................................................................................................19
50. Unauthorized Leave/Suspension ......................................................................................................19
51. Uniform Allowance............................................................................................................................19
52. Use of Computer Resources.............................................................................................................19
53. Vacation...........................................................................................................................................20
54. Work Schedule .................................................................................................................................20
55. Workers' Compensation: Non-Sworn Personnel ..............................................................................21 APPENDIX A- TRAINING AND RELATED TRAVEL TIME FOR REQUIRED CLASSES...............................22 APPENDIX B- MEMORANDUM OF UNDERSTANDING REGARDING 3/12.5 SCHEDULE .........................24 MEMORANDUM OF UNDERSTANDING REGARDING 3/12.5 SCHEDULE- CONTINUED .......................25 iii
1 9121612.1 SA390-037
1. Benefits- Domestic Partners
Employees may be entitled to add their registered domestic partners to City health and welfare benefits, to take family medical leave to attend to a domestic partner, and to other domestic partner benefits, as provided under City policy or under state law.
2. Benefits- During Authorized Leave Without Pay
No sick leave, vacation, or holidays shall accrue to any employee during authorized leave without pay for any full biweekly pay period. Employee shall be responsible for full payment of insurance premiums during authorized leave without pay, except as otherwise provided by law.
3. Benefits- Part-time Employees
A. Employees filling positions authorized by City Council in the official Position and Salary Control Resolution at more than 20 hours per week on a less-than-full time basis shall receive benefits as follows:
i. Cafeteria plan contribution, medical contribution, dental contribution, vision contribution, holiday time, and other benefits under this agreement equal to the percent of time regularly scheduled versus a regular work week rounded up to the nearest ten percent (10%).
ii. Vacation and sick leave equal to the percent of time actually worked versus a regular work week rounded up to the nearest ten percent (10%).
B. Grandfathering: Employees filling positions authorized by City Council in the official Position and Salary Control Resolution at more than 20 hours per week on a less-than-full-time basis before March 1, 2005 will continue to receive full-time health benefits (cafeteria plan contribution, medical contribution, dental contribution, vision contribution).
4. Bereavement Leave
In case of the death of an immediate family member, full-time employees shall be eligible for up to forty (40) hours leave with pay.
Immediate family member is defined as: mother, father, brother, sister, spouse, registered domestic partner, child, grandparents by blood or marriage, grandchildren by blood or marriage, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, person standing in loco parentis, and step family members. “In-law” and “step” relationships shall include the immediate family of a registered domestic partner on the same basis as that of a spouse.
Co-worker funeral attendance is acceptable upon the approval of the Chief of Police, consistent with the operational needs of the Department.
2 9121612.1 SA390-037
5. Biweekly Pay Period
It is understood that all references to "hours or days per month" may be considered on the basis of "hours per biweekly pay period" through conversion factors providing substantially equal employee benefits.
6. Cafeteria Plan
A. Each full-time employee shall be eligible to allocate a discretionary amount equal to $6,000 per plan year under the "125 Cafeteria Plan."
B. If medical, dental, and vision insurance plan selections exceed the cafeteria plan allocation, the City will pay the difference of these insurance premiums up to the amounts in the Medical, Dental and Vision Insurance Article of this MOU; said excess premiums are not discretionary.
7. Call Back
A. An employee officially called back to duty after being off from scheduled duty for ten (10) hours or more shall be compensated for actual hours worked with a minimum of three (3) hours of pay or compensatory time off at the overtime rate.
B. An employee officially called back to duty after being off from scheduled duty for less than ten (10) hours shall be compensated at the overtime rate for actual hours worked with a minimum credit of four (4) hours at the overtime rate set forth in the Overtime Article of this agreement. An employee called back to work in this capacity shall continue to be compensated at the overtime rate for as many continuous hours worked from the reporting time of the call back including regularly scheduled work hours.
C. Multiple call backs within the minimum paid time periods outlined in Sections A and B of this Article will not receive additional compensation.
D. A "call back" occurs when an employee has left work and is on a regular day off or otherwise off duty and is requested to return to work. Call back does not begin until the employee arrives at duty station and begins work. At no time does a “call back” entitle an employee to “portal” pay or travel time.
An employee shall not be compelled to take vacation or CTO to avoid payment of overtime for a call back.
E. Management shall make every effort to avoid scheduling consecutive work days (excluding overtime) without a minimum of ten (10) hours of time off with the following exceptions:
1. Shift change;
2. By mutual consent of both management and the employee; or
3. During an emergency or natural disaster.
F. Telephone Consultations: An employee who receives a phone call authorized in advance by the shift commander on off-duty hours for which he or she is not otherwise receiving compensation (i.e. standby or callback pay) shall be paid for the time actually spent on the phone call, or ½ hour, whichever is greater. This will apply to phone calls for professional consultation purposes, not routine phone calls such as calling an employee back to work. This section will apply independently to multiple phone calls, even regarding the same event, except if those multiple phone calls occur within the same half hour. 3 9121612.1 SA390-037
8. Canine Pay
It is agreed that employees assigned to serve as canine handlers shall receive the following overtime pay in addition to their regular base salary:
The time spent by a canine handler in the care, grooming and feeding of his/her assigned police dog shall be hours worked payable at a time and one half overtime rate of $37.4568 per hour (hourly rate of $ 24.9712 at a time and one-half overtime premium) effective July 1, 2016. In order to maintain equivalency, this hourly rate for dog care shall be increased by the same percentage as the general salary increases for Police Officers.
It is agreed that canine handlers normally spend 6 hours per biweekly pay period performing such work and written authorization from the Police Chief must be obtained to perform such work for more than 6 hours.
9. Child Care
The City will maintain a pre-tax salary reduction plan for employee dependent care needs in accordance with Section 129 of the Internal Revenue Code.
10. Educational Incentive Pay Plan
A. Effective the beginning of the first full pay period after the City is notified officially by POST of an officer's qualification for an Intermediate or Advance POST certificate, said officer shall receive the supplement to his or her base pay as described in Section B of this Article.
B. The monthly amount of Intermediate or Advance POST pay a full-time employee shall receive is as follows:
Police Officer Sergeant
Effective Date Intermediate Advance Intermediate Advance July 1, 2016 $396 $603 $420 $656
Said supplemental pay shall be included in the employee's regular biweekly paycheck.
11. Emergency Medical Dispatch Personnel
Public Safety Dispatch personnel (Dispatchers I, II and III, and Supervisors) who are certified as Emergency Medical Dispatchers and provide pre-arrival medical instructions to callers to the Police/Fire Communications Center shall be eligible to receive a biweekly premium equal to 5% of the employee’s biweekly base salary.
12. Equal Employment Opportunity
A. The City and the Association agree that the provisions of this agreement shall be applied equally to all employees covered herein without discrimination because of a person’s age (over 40), ancestry, color, mental or physical disability including HIV and AIDS, gender identity and expression, marital status, medical condition (cancer or genetic characteristics), national origin, race, religious belief, sex (including pregnancy/childbirth), sexual orientation, political affiliation, or union membership.
B. The City and the Association agree to commit themselves to the goal of equal employment opportunity in all City services. Further, the Association agrees to encourage their members to assist in the implementation of City equal employment opportunity programs. 4 9121612.1 SA390-037
C. Employees shall adhere to, and have the ability to file a complaint under, the Citywide “Nondiscrimination and Harassment Policy and Employee Complaint Procedure” as that policy may be amended from time to time.
13. Grievance Procedure
A. Any employee who has a grievance shall first try to get it settled through discussion with that employee’s immediate supervisor without undue delay. An employee must discuss the grievance with his/her supervisor within 30 calendar days from the date of occurrence or when the employee knew or should have known of the occurrence of the behavior that is the subject of the grievance. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision.
B. If after such discussion the employee does not believe the grievance has been satisfactorily resolved, that employee may file a formal appeal in writing to the Police Chief within ten (10) calendar days after receiving the informal decision of the immediate supervisor. The Police Chief shall render a written decision and comment to the employee within ten (10) calendar days after receiving the appeal.
C. If after receipt of the written decision of the department head the employee is still dissatisfied, that employee may appeal the decision of the Police Chief to the City Administrator. Such appeal shall be made by filing a written appeal to the City Administrator within five (5) days after receipt of the written decision of the Police Chief. The City Administrator shall review the decision of the Police Chief, and the City Administrator’s decision, which shall be rendered within twenty-five (25) days after the appeal is made, shall be final. The City Administrator may request the advice of the Board of Civil Service Commissioners (Board) in any grievance proceeding, but the City Administrator shall not be bound to follow any recommendation of the Board.
D. Grievances general in nature regarding interpretation of City-wide policy or which involve matters beyond the authority of the Chief of Police, shall be filed with the Assistant City Administrator who shall respond in accordance with the rules applicable to the Police Chief outlined herein.
14. Health Insurance for Unit Members' Survivors
The City shall maintain and pay for the existing level of insurance benefits for up to six (6) months for the surviving family of a unit member who dies in the line of duty, or for such greater period of time required by state or federal law.
15. Holidays
A. Except as indicated below, full-time employees shall accrue four (5.0) hours of holiday leave each biweekly pay period (26 pay periods). Said hours shall be credited to the employee's Holiday bank.
B. The following days shall be designated as holidays by the City:
January 1st (New Year's Day)
3 rd Monday in January (Martin Luther King Jr.’s Birthday) 3rd Monday in February (President's Day)
Last Monday in May (Memorial Day)
June 19th (Juneteenth)
July 4th (Independence Day)
1st Monday in September (Labor Day)
November 11th (Veteran’s Day)
4th Thursday in November (Thanksgiving)
The Friday immediately following Thanksgiving Day
December 25th (Christmas Day)
Four additional days (32 hours) each fiscal year may be designated by the employee as holidays. 5 9121612.1 SA390-037
C. When a holiday falls on a Saturday or Sunday the preceding Friday or following Monday respectively, shall be observed as a legal holiday.
D. If a holiday is requested by the employee and approved by the City or is a day listed in Section B of this Article, and designated by the City and if the employee is called back to work on that holiday, the employee shall receive compensation for the hours worked in accordance with the overtime Article of this Agreement and also shall be entitled to reschedule the holiday for the hours lost. Requests for holiday time off shall not unreasonably be denied.
E. If an employee's holiday bank exceeds 120 hours, the City shall have the option to either require the employee to take holiday time off or to pay the employee for the hours. The option of time off or pay in-lieu of holiday hours shall be at the sole discretion of the City.
F. Employees may schedule up to 80 hours of their accrued holiday time during the regular annual the vacation sign up period established by the Department, pursuant to the same rules and procedures.
16. Implementation of MOU
City shall implement provisions of this Memorandum of Understanding by adopting appropriate resolutions, ordinances, and administrative policies.
17. Jury Duty and Court Appearances
The parties agree that members of the bargaining unit performing jury duty or responding to a subpoena arising from line of duty civil court appearances shall be compensated as though they were on duty. Any and all other remuneration received by the employee for such jury duty or court appearances shall be paid to the City.
A sworn employee who is required by subpoena to be at court outside of his/her regularly scheduled work week regarding a matter arising from line of duty, and whose presence in the courtroom is necessary both before and after a scheduled court lunch period, shall be deemed to be on duty during the scheduled lunch period.
Notwithstanding the above, the Chief of Police has the right to adjust an employee's work schedule in keeping with court appearances, jury duty schedules, and/or needs of the City.
18. Layoff Procedure
In cases of abolition of positions, which result in layoff of personnel, or reduction-in-force, the following seniority policy shall apply to sworn members of the bargaining unit:
A. The individual with the least time in rank shall be first reduced. Where equal time in the rank is the case, total time with the Police Department shall be used to determine seniority.
B. The individual affected shall have the right to "bump" downward to the next lower sworn classification such that the last hired employee in the lowest sworn rank shall be the first employee laid off. Rehiring shall be accomplished pursuant to Section 3.16.350 of the Municipal Code.
In cases of abolition of positions, which result in layoff of personnel, or reduction-in-force, the seniority and layoff policy found in Municipal Code Section 3.16.350 shall apply to non-sworn members of the bargaining unit.
6 9121612.1 SA390-037
19. Life Insurance
The City and the Association agree that employees shall be entitled to a term life insurance policy covering the employee only, the premium for which shall be paid by the City. The limits of life insurance coverage shall be seventy-five thousand ($75,000) of term insurance with one hundred fifty thousand ($150,000) double indemnity in case of accidental death for sworn employees; and fifty thousand ($50,000) of term insurance with one hundred thousand ($100,000) double indemnity in case of accidental death for non-sworn employees. Said life insurance policy will be subject to such reasonable restrictions and requirements as may be imposed by the insurance carrier.
20. Loss Control Support
A. The Association agrees to support, without qualification, the City's Safety Program and will encourage its members to attend safety courses if required by the City and made available on City time.
B. Both the City and the Association recognize the need and will strive to reduce the number of industrial injuries among employees.
C. It is the duty of management to make every reasonable effort to provide and maintain a safe place of employment. The Association will cooperate by encouraging all employees to perform their work in a safe manner. It is the duty of all employees in the course of performing their duties to be alert to unsafe practices, equipment and conditions, and report them to their immediate supervisor. If such conditions cannot be satisfactorily remedied by the immediate supervisor, an employee has the right to submit the matter either personally or through the Association to the Chief of Police or designated representative. On any matter of safety that is not resolved, consultation will take place between management and Association representatives.
D. It is agreed that the City shall continue maintaining vehicles and equipment in a safe operating condition and that no employee will be penalized for refusing to use vehicles or equipment proven to be unsafe pursuant to State law.
21. Maintenance of Benefits
A. The City and the Association agree that all benefits other than direct wages as provided by ordinances, resolutions and City Charter in existence at the commencement of this agreement shall not be diminished, lessened, altered or reduced except as may be herein provided for the duration of the agreement.
B. Wage adjustments as provided for from time to time by ordinance, resolution, or City Charter, as such may be amended in accordance with this agreement, shall also continue for the duration of this agreement.
C. City and Association shall meet and confer concerning any work schedule changes from current 4/10 work schedule for sworn personnel.
22. Management Rights
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of economic reasons or for cause as provided in Section 1007 of the City Charter; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
7 9121612.1 SA390-037
23. Medical, Dental, and Vision Insurance
A. The parties agree that the City will pay 100% of the premium for medical insurance for the employee only up to a monthly maximum as follows.
PPO that is coordinated with a Health Reimbursement Account (HRA): $1,414.64 All other Health Plans: $1,374.64
It is agreed that should the amount of subject premium be less than the limits herein described, the difference between the employee only premiums and said dollar amount limits shall be applied to employee dependent medical coverage, if any.
B. For an employee enrolled in a PPO plan that is coordinated with a Health Savings Account (HSA), the City will match the employee’s contribution to the HSA on a dollar-for-dollar basis, not to exceed a maximum City contribution of $75.00 per month, provided however that the total combined employer and employee amount will not exceed the annual indexed allowable HSA contribution limits.
C. The City will pay for the premium for dental insurance up to a monthly maximum of $105.00.
D. For the length of this agreement the City will pay for the premium for vision insurance up to a monthly maximum of $7.50.
E. The City retains full and complete control over the selection, approval and administration of insurance programs to include selection of carrier, insurance contract renewal and changes in program specifications.
F. Should the City discontinue offering an HMO plan, or discontinue offering an HRA coordinated PPO plan, or discontinue offering an HSA-coordinated PPO plan, the parties will reopen negotiations for the sole purpose of developing an alternative City contribution structure that will maintain the same total City contribution toward bargaining unit medical benefits as was in place immediately before the change.
G. The parties will reopen negotiations to address cost-neutral changes to the structure of contributions under this Article, Article 6 (Cafeteria Plan), Article 3 (Benefits- Part-time employees) and related articles that may be necessary to avoid impacts of the Affordable Care Act (e.g. Cadillac Tax, affordability provisions, etc.) H. Effective January 1, 2023, at the request of the Union, the parties agree to meet regarding on duty work out time.
24. Meeting and Conferring
Except as provided in the “Municipal Code Changes” Article of this Agreement, or as otherwise provided in this Agreement, the parties agree that there shall be no meeting or conferring over any issues of wages, hours, or other terms and conditions of employment covered by this agreement during the term of this agreement unless both parties consent.
25. Municipal Code Changes
During the term of the Agreement the City and the Association shall meet and confer with regard to any City proposed updates to Santa Barbara Municipal Code Title 3 affecting the terms and conditions of employment of Association Members as required by law. 8 9121612.1 SA390-037
26. No Unfair Labor Practices
The parties agree that during the term of this agreement the City will not lock out employees and the Association will not engage in labor practices detrimental to providing services to the Citizens of Santa Barbara, or detrimental to the interests of the City; nor will the Association sanction, support, condone, approve, or engage in a strike, sit-in, slow down, work stoppage, or speed-up.
The City and the Association further agree that all matters of controversy concerning issues covered by this agreement, will be settled by established grievance procedures.
The Association acknowledges that violations of the above shall be just cause for disciplinary action including termination.
27. "Non-Sworn Personnel" Shift Assignments
Non-sworn personnel in the bargaining unit shall normally be allowed a minimum of ten (10) hours off between shifts unless the employee consents otherwise. The above ten hour provision shall not apply during the regular periods of shift rotation, in cases where the employee has worked overtime prior to reporting for his/her next regular shift assignment, or in cases of emergency.
28. Overtime
A. Except as provided in the Call Back Article overtime shall be defined as any hours worked beyond eighty (80) hours in a fourteen-day work period. For the purpose of computing overtime, all regular, scheduled work hours, including paid leave time, shall be considered time worked.
B. Overtime shall continue to be compensated at a time and one-half overtime cash or time and one-half CTO rate.
C. Effective September 21, 2013, if an employee’s scheduled overtime is cancelled within 8 hours of the scheduled overtime start time, the employee will receive 3 hours of pay at straight time. , D. If an employee is called back to work or held over from his/her previous regularly scheduled shift and works five (5) or more hours outside his/her normal shift, and any portion of the hours worked on a call-back or hold-over basis falls within five (5) hours of the beginning of his/her next scheduled shift, that employee will be receive at least five (5) hours of continuous rest before resuming work without a loss in pay. If any portion of the rest period falls during the next regularly scheduled shift, then that portion of the rest period will be paid by the City at the employee’s normal straight time pay rate. The employee shall have no restrictions on the location of the rest area.
If such call-back or hold over is concluded less than 3 hours before the start of the employee’s next scheduled shift, then the employee may request to take the equivalent paid rest period at the back-end of the shift instead. If the request is approved, the employee will be paid at the employee’s normal straight time rate during the regularly scheduled shift and the rest period.
E. An employee who has accrued CTO shall be permitted to use such time within a reasonable period after making the request to do so if the use of compensatory time does not unduly disrupt the operations of the City. For purposes of this provision, “unduly disrupt the operation of the City” shall include, but not be limited to, requested use of compensatory time during Fiesta (Old Spanish Days), July 4th, and Christmas.
F. The City shall have the option to pay off all overtime subject to an employee retaining a CTO bank that shall not exceed a maximum of 50 hours.
9 9121612.1 SA390-037
G. Overtime for declared disasters shall be paid at time and one-half only if federal or State disaster or emergency relief funds are made available to defray costs. Section F of this Article shall apply to the duration of emergency incidents, not the duration of the formal declared emergency.
H. Employees may use up to 40 emergency leave hours per calendar year from their overtime bank for time off due to illness or injury of their spouse, registered domestic partner, or children. Such emergency leave shall not be withheld by the City, and shall be in addition to paid sick leave use for this purpose under State law. Emergency leave shall be deducted from the employee's accumulated overtime. No emergency leave payment shall be made except after satisfactory evidence of dependent illness or injury has been accepted and approved by the Chief of Police.
I. Employees are limited on hours worked based on the following: 16 hours for every 24 hours; 30 for any 48 hours, and 84 in any 168 hour period. With the approval of the Chief of Police, employees can work beyond these hour limits in certain circumstances.
29. Payroll Deductions/Direct Deposit
A. Any changes in Association dues deduction only shall be subject to indemnification of City by the Association.
B. City shall maintain a payroll program with equal bi-weekly deductions (24 checks plus 2 checks without voluntary deductions).
C. All employees shall participate in the City’s payroll direct deposit program.
1. Each employee shall execute a payroll authorization form and submit avoided check or savings deposit slip to the Payroll Office. It shall be the employee’s choice as to which bank he or she designates as the institution receiving payroll funds.
2. When the authorization form is properly executed and filed with the Payroll Office, the City will begin automatically depositing the net amount of pay on or before each designated biweekly payday in the employee's designated bank account.
3. Exceptions: An exception to this policy may be granted by the Finance Director to an employee upon a showing of good cause for such exception (e.g., that he/she is unable to establish and/or maintain a personal banking/financial account for direct deposit, or that other personal circumstances necessitate a temporary or permanent exception). The Finance Director may require the employee to renew this exception periodically. Exceptions will not be unreasonably denied.
4. Employees participating in direct deposit will be provided with a payroll detail report each pay period. Employees will receive and be able to access this information electronically via the City’s computer system.
30. Premium Pay for Use of Bilingual Skills
For all full-time Patrol Officers and employees in other positions designated by the Chief of Police, who establish to the satisfaction of the Chief and the Human Resources Manager proficiency in conversing and reading skills in Spanish, as demonstrated by appropriate testing every other year, the City will pay premium pay of $51.20 each biweekly pay period.
For all full-time employees in positions designated by the Chief of Police who meet the following qualifications, the City paid premium will be $102.50 each biweekly pay period:
A. Establish to the satisfaction of the Chief and the Human Resources Manager a complex level of verbal and/or written proficiency in Spanish as demonstrated by appropriate testing every other year.
B. Provide written translation from Spanish-to-English and English-to-Spanish and/or act as a translator for complicated interviews with Spanish speaking witnesses or suspects. 10 9121612.1 SA390-037
31. Recruitment Incentives
The City may, at its option, implement any of the following recruitment incentive programs at any time during the term of this Agreement:
A. Vacation Credit for Prior City Service: An employee who (1) received a performance evaluation of “meets standards” or better on his or her last two performance evaluations, and (2) separates from City service and then is rehired within 3 years of his or her termination date, may recoup his or her past service credit toward the vacation accrual rate. Such employee may also be eligible for credit for other government service under section B of this article.
B. Vacation and Sick Leave Credit for Prior Government Service: An employee appointed from outside City of Santa Barbara government service within 6 months of leaving employment with either a city, county, state agency, federal agency or special district and who, in the opinion of the Police Chief, possesses government experience directly related to the position to which he or she has been appointed, may receive credit for years of prior service with his or her immediate previous government employer in the following ways:
Vacation Accrual: Upon appointment, employee will receive credit for the full prior years of service at his or her immediate previous government employer toward the initial vacation accrual rate. Employee will not be eligible to progress to a higher accrual rate until employee has the normal required minimum amount of City of Santa Barbara service (including prior service under Section A of this Article) for that accrual rate.
Sick Leave: Employee will be credited with 96 hours of sick leave. Thereafter, employee will accrue sick leave at the normal rate.
C. Uniform: New employees may be provided an initial uniform set at City cost.
D. Signing Bonus: New employees who have already completed a full basic academy at the time of hire (e.g., a lateral hire or a post-academy hire) may be provided a signing bonus in an amount determined by the City.
E. Employee Referral Bonus: Existing employees who refer an applicant from outside City employment who is hired and successfully completes the probationary period may be provided a referral Bonus. The City may establish the amount of such bonus and procedures for documenting the referral at the time of application.
F. Employee Retention Pay: Effective July 15, 2024, in recognition of continuous full-time employment with the City of Santa Barbara, excluding unpaid breaks in service, the eligible employee (sworn and non-sworn) shall be paid in addition to his/her salary range an increase in pay equal to the below schedule. Such increases are in total and not stackable. For example, an employee at the 15 and more year’s level would receive only 6.0% and not a 12% salary increase.
5 Years; 2%
10 Years; 2% (Max 4%)
15 and More Years 2% (Max 6%
32. Retiree Medical Insurance Contribution
A. This provision is applicable to employees who retire from City service, and
1. Have 15 or more years of regular City service; or
2. Retire from the City with an industrial disability.
11 9121612.1 SA390-037
B. The City shall contribute $12.00 per month, per year of service up to a maximum of 35 years (i.e., $420.00/month) towards the purchase of medical insurance for the retiree and his/her spouse or domestic partner registered with the City Clerk or the Secretary of State, if applicable. Employees will receive a prorated contribution for portions of a year of service. Service will be calculated based on the nearest full one hundredth (.01) of a year. (For example, an employee retiring on November 30th with 15.233 years of service will receive 15.23 x $8.70= $132.50 per month).
Accrued liability for past retiree medical increases was factored into past labor agreements and will not be charged again toward costing in future negotiations.
C. The retiree is not limited to the purchase of a City sponsored plan, provided however, that if the retiree purchases another insurance plan, the retiree must supply the City with adequate proof of insurance coverage prior to any contribution from the City. Proof of such coverage shall be provided to the City on a periodic basis, as determined by the City.
The City will contribute only up to the maximum monthly premium of the City's sponsored plan.
D. Except as specifically provided in Section F of this article, below, the City shall continue to make its contribution until the retiree reaches age 65 or dies, whichever occurs first. If there is a surviving spouse or registered domestic partner, he/she will be permitted to remain on the medical insurance plan at his/her own cost, subject to the conditions set forth by the insurance company.
E. The City will continue the normal retiree medical allowance past the age of 65 for the six (6) employees named below who retire after December 23, 2006 and thereafter certify, on an annual basis, that they are not eligible to apply for Medicare Part A (hospitalization) coverage on the basis of their City service, other covered employment, through a spouse’s covered employment, or through any other means.
Name Title Hire Date
1. Robert E. Casey Police Officer 1/6/75
2. Leonard J. Gomez Police Officer 9/25/78
3. David M. Gonzales Police Sergeant 3/7/77
4. George B. Hansen Police Officer 7/13/79
5. Jessie M. Ramey Parking Enforcement Officer 2/11/75
6. Kathryn H. Denlinger Parking Enforcement Officer 10/19/77 The City shall continue to make its contribution until the retiree dies. However, if at the time the retiree dies there is a surviving spouse or registered domestic partner over 65 years of age who is not eligible for Medicare Part A, one half of the allowance will continue until the death of the spouse or registered domestic partner.
F. In the event Health Care legislation is passed which affects the nature of the benefit described above, the parties will reopen negotiations and modify this benefit, if necessary, so as to maintain their original intent (e.g., eligibility, scope, cost).
33. Retirement
A. The City contract with the Public Employees' Retirement System (PERS) shall provide the 3% at age 50 benefit formula for all Classic Police Safety members.
B. Safety Employees will pay the full 9% member contribution.
C. The City contract with the Public Employees' Retirement System (PERS) shall provide the 2.7% at age 55 benefit formula for all Classic Miscellaneous members.
D. Under the negotiated 2.7% at 55 cost/benefit sharing formula for Classic Miscellaneous 12 9121612.1 SA390-037
employees:
1. If the PERS miscellaneous plan employer rate is exactly equal to 20.164%, the employee shall pay 7.162% of the 8% required employee contribution. The City will pay 0.838% of the 8% required employee contribution.
2. If the employer rate is less than 20.164%, the employee shall receive credit for 30.559% of the amount by which the employer rate is less than 20.164%.
The credit shall be applied until the City again pays a full 7% of the 8% required employee contribution.
[For example: If the employer rate is only 18.164% of PERS-able compensation, the City will pay an additional 0.61% (2% times 30.559%) of the 8% employee contribution, for a total of 1.448%];
3. If the employer rate exceeds 20.164%, the employee shall pay 30.559% of the amount by which the employer rate exceeds 20.164%. The employee shall pay for this cost in the following manner:
i. First, through an increase in the employee-paid portion of the 8% required employee contribution up to a maximum increase of 0.838% [For example: If the employer rate is 22.164% of PERS-able compensation, the employee will pay an additional 0.61% (2% times
30.559%) of the 8% employee contribution, for a total of 7.772%]; ii. Second, through payroll deduction.
[For example: If the employer rate is 25.164% of PERS-able compensation, the employee will pay an additional 1.528% (5% times
30.559%) of PERS-able compensation as follows: an additional 0.838% (8%-7.162%) to cover the full 8% employee contribution, and a payroll deduction equal to 0.69% (1.528%-0.838%) of PERS-able compensation.] E. Should the City and the General Employees, SEIU Local 620 agree to change the classic member cost/benefit sharing formula described above for FY 2020-2021 (i.e. July 1, 2020) through its 2020 negotiations on a successor MOU in a manner that is more favorable to employees, then the nonsworn classic member miscellaneous employees shall also receive the same more favorable change to their cost/benefit sharing formula.
F. The City shall report the value of Employer Paid Member Contributions (EPMC) to PERS as compensation earnable for Classic Miscellaneous employees pursuant to Government Code Section 20636(c)(4).
G. The City will provide the PERS One-Year Highest Compensation benefit to Classic Safety and Miscellaneous employees.
H. The City will provide an amendment to the Public Employees' Retirement System (PERS) contract to allow widows/widowers to continue receiving benefits upon remarriage.
I. The City will provide the PERS Increased Level of 1959 Survivor Benefits (Level Two) for Safety employees, and the PERS Increased Level of 1959 Survivor Benefits (Level Four) for Miscellaneous employees.
J. The PERS contract shall provide for Public Service Credit for Peace Corps or Americorps:
Volunteers in Service to America (VISTA) for Miscellaneous employees only.
K. Notwithstanding the provisions above, effective January 1, 2013, new members as defined by California Public Employees’ Pension Reform Act of 2013 (hereinafter “AB 340”) will be covered under the 2.7% at 57 Safety retirement formula or the 2% at 62 Miscellaneous retirement formula, with a final compensation measurement period of the average of the highest three (3) 13 9121612.1 SA390-037
consecutive years, as well as all other statutory requirements of AB 340. Effective July 1, 2013, new employees and/or members as defined by AB 340 shall contribute half the normal cost for benefits, as defined by AB 340; the City will not pay any portion of these employees’ required contributions.
34. Retroactivity
An employee will be eligible for retroactive increases to salaries and benefits provided under this Agreement on the dates specified for each increase if the employee is an active City employee and bargaining unit member on the date that the City Council ratifies this Agreement.
35. Salary Adjustments
A. All sworn positions represented by the Association (police officers and police sergeants) shall receive the following regular increases to base salary:
Date Increase
October 8, 2022 3.75%
July 1, 2023 3.0%
B. All non-sworn positions represented by the Association shall receive the following regular base salary increases:
Date Increase
October 8, 2022 3.75%
July 1, 2023 3.0%
C. The survey agencies to be used for future salary/compensation survey purposes shall be:
a. Beverly Hills;
b. Irvine;
c. Santa Cruz
d. Santa Monica;
e. Huntington Beach;
f. Oxnard;
g. Newport Beach;
h. Pasadena;
i. Torrance;
j. Burbank
D. On or after January 1, 2024, but no later than January 31, 2024 the City agrees, at the Union’s request, to review the salary placement of up to three (3) classifications that meet one or more of the following criteria:
1. Significant turnover;
2. Difficulty recruiting;
3. Internal misalignment with classifications(s) with similar responsibilities or duties; B. Requests for review will include the following information:
1. Class(es) to be studied:
2. Which criteria set forth above are applicable;
3. Supporting data that justifies the request;
E. The City agrees to present to the City Council any inequities that are not 5% above the market median by surveying the agreed-upon comparable agencies. The City also agrees that when 14 9121612.1 SA390-037
presenting any such inequities to the City Council, the City Staff presenting the inequities shall make a recommendation to Council that the inequities be rectified by an appropriate salary adjustment to raise the salary/salaries to an amount that is at least 5% above the market median.
36. Salary Increases Upon Promotion
Employees shall receive at least a five percent (5%) salary increase upon promotion provided however that the City shall not be required to pay a salary in excess of the authorized salary range in the City Position and Salary Control Resolution.
For purposes of this article, the base for the (5%) salary increase shall be the employee's current step on the appropriate salary range plus Specialty Assignment pay if appropriate. All officers promoted to the classification of Sergeant shall be appointed to "C" Step.
37. Salary Ranges For Police Officer
A. Effective July 9, 2016, there shall be four base salary ranges for the classification of Police Officer (Ranges A, B, C, and D) at 2% apart. Each salary range shall include five (5) salary steps (Steps 1 through 5) and be reflected on the City’s publicly available pay schedule.
B. Salary Range Assignment
1. Range A will be set at the prior single base salary range for Police Officer, inclusive of any salary increase provided in this Agreement. All new assignments to the Police Officer classification shall be in range A, and any officer not meeting the requirements for placement in ranges B, C, or D shall be assigned to range A.
2. An officer will be assigned on the Range “B”:
o During the active performance of a Senior Officer assignment, OR o If he/she has successfully completed one Senior Officer assignment for the minimum period of time determined for the assignment by the Chief of Police AND o He/she meets or exceeds performance standards, remains available to work any assignment, and continues to apply for and compete in good faith for upcoming Senior Officer Assignments.
3. An officer will be assigned on the Range “C”:
o During the active performance of a Senior Officer assignment if he/she has successfully completed one previous and different Senior Officer assignment for the minimum period of time determined for the assignment by the Chief of Police OR
o If he/she has completed two full Senior Officer assignments for the minimum period of time determined for the assignments by the Chief of Police, AND o He/she meets or exceeds performance standards, remains available to work any assignment, and continues to apply for and compete in good faith for upcoming Senior Officer Assignments.
4. An officer will be assigned on the Range “D”:
o During the active performance of a Senior Officer assignment if he/she has successfully completed two previous and different Senior Officer assignments for the minimum period of time determined for the assignments by the Chief of Police OR
o If he/she has completed three or more full Senior Officer assignments for the minimum period of time determined for the assignment by the Chief of Police, AND o He/she meets or exceeds performance standards, remains available to work any 15 9121612.1 SA390-037
assignment, and continues to apply for and compete in good faith for other upcoming Senior Officer Assignments.
5. At the discretion of the Police Chief, based on the needs of the department, credit for a reassignment to a Senior Officer assignment previously completed may be granted as if it were a different assignment.
C. Movement between salary ranges shall be from the employee’s current salary step in one range to the same salary step in the other range. Movement from one salary step to another salary step within the Police Officer classification, regardless of the assigned salary range, will be governed by Article 38 (Salary Step Movement) of this Agreement.
D. Effective the first day of the first full pay period following ratification of this Agreement, the former specialty assignment pay program will be discontinued. All employees that were receiving 2% specialty assignment pay will be placed at their current salary step in salary range B. All employees that were receiving 4% specialty assignment pay will be placed at their current salary step in salary range C. All employees that were receiving 6% specialty assignment pay will be placed at their current salary step in salary range D. Time spent in the prior specialty assignments will be credited toward the corresponding Senior Officer assignments.
E. Credit for successful completion of a Senior Officer assignment, shall require that the position be held for a minimum of 75% of the maximum duration of that assignment unless approved by the Police Chief. If the employee is on a leave of absence of more than 30 consecutive calendar days during the assignment, the maximum duration of the assignment will be extended by the period of the leave. Duration of Senior Officer assignments will be determined and publicized in advance by the Police Chief.
F. The Police Chief shall have sole discretion over the number and nature of Senior Officer assignments based on the needs of the Department. The Police Chief may create, abolish, or change the duration of a Senior Officer assignment at any time. Officers currently performing the assignment will receive full credit for any abolished assignment. For a lengthened assignment, officers currently performing the assignment shall receive credit based on assignment duration publicized at the time they applied.
G. At the sole discretion of the Police Chief, certain Senior Officer assignments may be designated as “long-term assignments" not having a maximum duration, and allowing credit for more than one Senior Officer assignment, for purposes of salary range placement. For these assignments, the first 4 years in the assignment will be counted as the first Senior Officer assignment, years 4 to 6 will be counted as a second Senior Officer assignment, and years 6 to 8 as the third Senior Officer assignment.
H. If an employee has been moved back to Salary Range A as a result of failing to meet the requirements to maintain a salary range for which he or she previously qualified, the employee may be moved back to the higher salary range by again complying with the above requirements for retention of that salary range.
38. Salary Step Movement
The parties agree that achieving the second salary step, or "Step 2," and subsequent salary steps thereafter, shall require, in addition to satisfactory performance, a period of one year of actual service.
It is further agreed that any salary adjustments in cases of employee reclassification shall not necessarily move "step to step."
39. Scope of Representation
16 9121612.1 SA390-037
A. The Association represents all employees (except hourly and confidential employees) in a police bargaining unit composed of the following job classifications:
Police Sergeant
Police Officer
Police Officer - Entry Level
Identification Technician
Assistant Identification Technician
Public Safety Dispatcher (I,II,III)
Public Safety Dispatcher Supervisor
Police Property/Evidence Specialist
Police Property/Evidence Assistant
Police Range/Equipment Specialist
Police Crime Analyst
Parking Enforcement Officer
Police Records Specialist
Police Records Supervisor
Police Technician
Reclassification of these positions that does not entail changes in job duties or responsibilities will not affect their inclusion in the bargaining unit except as is provided by applicable State law.
B. If the City creates a Community Services Officer classification to perform some or all functions currently being performed by sworn officers, but not requiring the service of a sworn employee, the classification will be included as a non-sworn classification in the bargaining unit. City agrees that the creation of new Community Services Officer positions will not result in layoff of any sworn officer.
C. Police Officer Bill of Rights (POBR) and the remedies contained therein, shall only apply to sworn personnel pursuant to Government Code section 3301 except that the rights during interrogation set forth under section 3303 shall be afforded to non-sworn personnel. This shall not bestow upon non-sworn personnel any other rights or remedies afforded by POBR.
40. Service Credit for Sick Leave Upon Retirement
At the time of retirement, the City shall purchase an annuity for a retiring employee that pays a monthly benefit similar to the PERS amendment that provides service credit for sick leave under Government Code Section 20965.
The following conditions apply to this benefit:
A. In order to qualify for service credit for sick leave upon retirement, the retiring employee must have been hired by the City on or before September 17, 2013 and have at least 500 sick leave hours;
B. The conversion rate of 0.004 years of service credit for each day of sick leave is utilized. (For purposes of this section, a "day" is the equivalent of eight (8) hours.); C. The retiring employee may take the cash purchase value of the annuity in lieu of the monthly annuity;
D. Prior to September 17, 2013, safety group members who obtain 90% of final compensation upon retirement are not eligible for this benefit; however, employees who retire on or after September 17, 2013 and who obtain 90% of final compensation upon retirement will be eligible for this benefit; and
E. If the City amends its PERS Miscellaneous or Police contract to include service credit for sick leave upon retirement, non-safety or Police members, respectively will be included in that 17 9121612.1 SA390-037
PERS contract amendment and the annuity program will be discontinued for that group.
41. Shift Differential for Non-Sworn Personnel
A. Full-time, non-sworn personnel regularly assigned to a shift of eight (8) or more hours shall receive:
1. Swing shift differential pay when 50% or more of the hours of their regularly assigned shift , excluding overtime, falls between 5:00 p.m. and midnight; or
2. Graveyard shift differential pay when 50% or more of the hours of their regularly assigned shift, excluding overtime, falls between midnight and 7:00 a.m.
B. Employees who are regularly assigned to a shift that does not meet the definition of a swing shift or graveyard shift shall not receive shift differential. This includes, but is not limited to, circumstances wherein an employee may be called back to work or scheduled to work an overtime shift that qualifies for shift differential pay when regularly assigned to the shift.
C. The biweekly amount of shift differential for a full-time employee shall be as follows:
Effective Date Swing Shift Biweekly Graveyard Shift Biweekly July 1, 2016 $64 $128
42. Sick Leave
A. Employees shall accrue sick leave at the rate of eight (8) hours per month of service rendered up to a maximum of 2,080 hours of accumulated sick leave.
B. The City's "non-replenishable" sick leave program (M.C. 3.08.150b) shall be retained for the term of this agreement.
C. A full-time employee may use up to 48 hours of available accrued sick leave (the equivalent of 6 months of accrual) per calendar year for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, a family member of the employee. “Family member” means any of the following: a spouse or registered domestic partner; a child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status); a parent (biological, adoptive, or foster parent, stepparent, or legal guardian) of an employee or the employee’s spouse or registered domestic partner; a person who stood in loco parentis when the employee was a minor child; a grandparent; a grandchild; or a sibling. Part-time employees may use the equivalent of six (6) months of sick leave accrual at their prorated accrual rate for such purposes. All rules for use of sick leave will apply, including those regarding physician statement requirements and use of sick leave for medical appointments
43. Specialty Assignment Program
The Specialty Assignment Program included in the labor agreement immediately preceding this Agreement will be eliminated effective July 9, 2016 and the related 2%-6% special assignment pay discontinued.
Effective November 15, 2021, it is hereby agreed that:
1. Effective upon the first day of the first pay period following adoption of this side letter, Dispatchers serving as Communications Training Officers (CTO) shall receive two percent (2%) specialty pay increase as part of their bi-weekly salary; and
2. After one year from the date of adoption of this side letter, dispatchers will need to provide written notice to Dispatch Management if they want to continue on as CTOs and receive specialty pay; 18 9121612.1 SA390-037
3. Sworn Personnel are not eligible for this specialty pay;
4. If an employee has lost specialty pay as a result of failing to meet the requirements of CTO Duties, the employee may have the specialty pay reinstated by applying or competing for the selection to the CTO assignment.
The Association agrees that management retains right to determine how many staff meet the eligibility for CTO, and evaluate performance as needed to determine CTO duties are being met.
5. After adoption of the successor MOU, at the request of the Union, the parties agree to meeting regarding Dispatchers serving as Communications Training Officers (CTO) and that assignment and/or pay.
Additionally, at the request of the Association, the parties agree to meet and confer on the issue of EMD pay as it relates to Police Techs assigned to Dispatch.
44. Standby Pay
The City and the Association agree that when an employee is officially designated by management to remain available to return to work, at any time during specific hours outside of normal working hours, the employee shall receive three (3) hours of straight time pay or compensatory time off for each eight (8) hours on standby or fraction thereof. To the extent feasible, the parties agree that standby shall be assigned on an equitable basis to all eligible employees.
The City and Association agree that all employees will be on automatic standby duty during a state of emergency or civil defense disaster as declared by the President of the United States, the Governor of the State, the Mayor of the City, the City Council, or the City Administrator. Such automatic emergency standby shall be without compensation unless the City is reimbursed by the State or federal government for such an expenditure.
45. Term of Agreement
A. This Memorandum of Understanding shall become effective July 1, 2022 and shall remain effective through June 30, 2025.
B. The agreement may be extended beyond its expiration date, if both parties concur.
C. The parties agree to commence the meet-and-confer process for a successor Memorandum of Understanding no later than February 1, 2025.
46. Time Off for Association Officers
A. Reasonable time off with pay at straight time will be granted to Association officers and negotiators for the purpose of meeting and conferring or consulting with the City subject to approval by the Chief of Police as to specific times.
B. The Association will maintain a complete and current list of its officers and negotiators on file with the Assistant City Administrator.
C. Upon reasonable advance notice, Association officers will be granted up to an aggregate of one hundred sixty (160) hours pay annually for attendance at Association meetings and conventions and for conducting normal and regular Association business during the term of this agreement.
47. Training
The City and the Association agree that all direct costs for all training or instruction required by the City shall be paid for by the City. However, the City shall retain the right to determine what training is required for the employee to improve his performance on the job and to make such training a condition of employment.
19 9121612.1 SA390-037
For the purposes of this agreement, this section shall include requests by Department Heads for additional training of current employees, subject to the approval of the City Administrator.
Both parties recognize that training programs and the advancement of employees to positions of higher skill are matters of great importance and interest to the City, the Association, and the employees covered by this agreement.
48. Transportation Demand Management
A. Effective December 23, 2006, will provide up to 8 additional carpool parking spaces, based on need, with reasonable distance from the Police Department.
B. Bargaining unit members shall be eligible to participate in any established Citywide Alternative Transportation Program.
C. Effective July 1, 2020 through June 30, 2021, employees of the Police Department are eligible to participate in a pilot parking program at no cost to the employee. Employees are eligible to park on the rooftop level of the following parking lots: Lot 2, Lot 6, and Lot 10. This will be on a first come first serve basis.
49. Tuition Reimbursement
Employees shall be eligible for tuition reimbursement through the City of Santa Barbara’s Educational Reimbursement Program.
50. Unauthorized Leave/Suspension
No sick leave, vacation, or holiday time shall accrue or be paid during any period of unauthorized leave or suspension. Suspension is defined as provided in Municipal Code Section 3.16.310 and City Charter Section 1007. Retroactive accrual of sick leave, vacation, or holiday time shall be provided for suspensions later found to be in error. This section shall not apply to any non-disciplinary suspension.
51. Uniform Allowance
A. Except as indicated below, the City shall provide an annualized uniform allowance to full-time employees in the bargaining unit who are required to maintain a uniform as follows:
Sworn police personnel not assigned motorcycle, SWAT or canine duty $1,038 Sworn police personnel assigned canine duty 1,088
Sworn police personnel assigned motorcycle or SWAT duty 1,238 Non-sworn personnel 863
B. Payment of the uniform allowance will be paid to employees who are on the payroll during the pay period ending two (2) weeks prior to the payday on which the uniform allowance is paid in June or December of each year. Payment will be made in a separate check, in an amount equal to half of the annualized allowance, per the following schedule:
December 9, 2016 and June 9, 2017
December 8, 2017 and June 8, 2018
December 7, 2018 and June 7, 2019
52. Use of Computer Resources
Employees’ rights and obligations regarding use of the City’s computers and computing resources are governed generally by the City’s computer use policies. The Association and the City agree 20 9121612.1 SA390-037
that occasional and incidental employee use of City computing resources for Association business is allowable within the same parameters applied to other acceptable non-commercial personal use under those policies.
The parties agree that such use shall not interfere with the performance of work duties or the effective delivery of services, and shall not result in any significant cost to the City or compromise the security of City systems. The parties further agree that City computer resources, including the e-mail system, will not be used by the Association or City employees to support or oppose a political campaign or ballot measure.
The Association acknowledges that employees have no expectation of privacy in the use of City computer resources, including but not limited to e-mail and text messaging, even if they are locked or password-protected.
53. Vacation
A. It is agreed that vacation time may be taken as accrued subject to City approval.
B. Effective July 4, 2020, It is agreed that vacation accrual for sworn and non-sworn police personnel shall be in accordance with the following schedule:
Length of Continuous Service Vacation Entitlement
0 through 2 years 96 hours per year
3 through 5 years 120 hours per year
6 through 10 years 176 hours per year
11 through 15 years 200 hours per year
16 and over years 224 hours per year
C. Maximum vacation accrual will be 600 hours. Said maximum vacation accrual shall not apply if scheduled vacations are canceled by the City for emergencies or personal emergencies of employees. Where requested in advance by the employee, management will make reasonable efforts to work with the employee to try to avoid the loss of vacation time accruals under the accrual maximum.
54. Work Schedule
A. When regular days off (RDO) are changed, reasonable notice shall be given to the affected employee(s). “Reasonable notice” is at least 48 hours unless by mutual consent.
B. Except as provided in Appendix B (Memorandum of Understanding Regarding 3/12.5 Schedule), all sworn employees shall be placed on a 4/10 work schedule. Management retains the right to change an employee’s day off at any time with less than 48 hours’ notice without incurring overtime liability in order to meet departmental needs related to court subpoenas and other planned events. Other planned events shall include incidents such as drug sweeps in Investigations and employee training. Overtime liability for an employee on a 4/10 schedule will continue to occur when an employee works in excess of eighty (80) hours in a 14-day work period as required by the Fair Labor Standards Act (FLSA).
21 9121612.1 SA390-037
Uniformed sworn officers on a 4/10 schedule who are subject to call for service during the lunch period will work ten (10) hours and take a one half (1/2) hour paid lunch break. Other sworn and non-sworn employees on a 4/10 schedule will work ten (10) hours and take a one-half (1/2) hour or one-hour unpaid lunch break. A change made by management to this practice will be a normal meet and confer issue.
C. Upon mutual agreement between management and an employee represented by the Association, s/he may work a schedule different than that delineated in Section B of this Article.
55. Workers' Compensation: Non-Sworn Personnel
A. Non-sworn employees who sustain illness or injury arising out of and in the course of their City employment shall receive benefits equal to those mandated by the State of California plus the difference between State mandated benefits and the equivalent of eighty-five percent (85%) of the individual's gross (excluding O.T.) salary, if any, paid by the City for a maximum of ninety (90) working days.
B. This Article shall not be construed to grant employees the use of sick leave benefits in lieu of or to supplement workers' compensation benefits herein or by State law, except as follows:
An employee who returns from an accepted work-related injury or illness to regular duty or modified duty may attend follow-up medical appointments during work hours when it is not possible to arrange such appointments on non-work time. Reasonable advance notice must be given to the supervisor, which in no event shall be less than 24 hours. Release time is subject to supervisory approval based on operational needs. Under these conditions, to account for the lost work time to attend physician, physical therapy, chiropractic, counseling and other physical and mental care appointments, the employee may:
1. Use accrued paid leave time (sick leave, vacation time, compensatory time, or personal leave); or
2, Use ‘industrial leave without pay” if employee has no accrued paid leave time, or
3. If the employee has not reached a permanent and stationary status, the employee may elect to use "industrial leave without pay" if employee does not choose to use accrued paid leave (sick leave, vacation time, compensatory time, or personal leave). However, employees who have reached permanent and stationary status must exhaust available leave balances before being placed on leave without pay.
An employee who has not reached a permanent and stationary status and uses industrial leave without pay may be entitled to “wage loss” under workers’ compensation system depending on eligibility.
The City may make changes to its Personnel Policies including, but not limited to, the Santa Barbara Municipal Code to reflect the substance of this Agreement. 22 9121612.1 SA390-037
APPENDIX A- TRAINING AND RELATED TRAVEL TIME FOR REQUIRED CLASSES The purpose of this Appendix is to provide a guide to utilize when determining when an employee is entitled to payment for attending training.
Non-Exempt Employees
The Fair Labor Standards Act (FLSA) indicates that time spent by non-exempt employees in training is compensable unless all of the following conditions are met:
1. Attendance is outside of the employee's regular working hours.
2. Attendance is in fact voluntary. FLSA indicates that attendance is not considered voluntary if the employee believes that present working conditions or the continuance of employment will be adversely affected by non-attendance.
3. The course, lecture, or meeting is not directly related to the employee's job. The regulations state that training is directly related to the employee's job if it is designed to make the employee handle his or her job more effectively, as distinguished from training for another job.
4. The employee does not perform any productive work during such attendance.
If all four of the above conditions are not met, then all hours spent in training (including those outside of normal working hours) are considered to be compensable under FLSA.
If the training is considered compensable and travel time is associated with the employee's attendance, then the next question is whether the time spent traveling should be paid for. , The following must be considered.
1. Travel During Regular Working Hours. If the travel time related to attending required training occurs during normal working hours, then the time is considered to be compensable.
2. Special One-Day, Out-of-Town Travel. Travel time associated with special one-day, out-of-town training is required to be paid for irrespective of the mode of transportation utilized or whether the employee drives or is a passenger. Time that can be excluded from payment is normal home-towork travel time and time spent eating while traveling.
3. Overnight Travel. If an employee travels overnight on business (for more than one day), the employee must be paid for time spent in traveling (except for meal periods) during their normal working hours on their non-working days, such as Saturday, as well as, on their regular working days.
Travel time as a passenger on an airplane, train, boat, bus, or automobile outside of regular working hours is not considered worktime unless the employee performs any actual work or the employee drives a car without being offered public conveyance. Therefore, nighttime travel policies when associated with training for more than one day may prove to be more advantageous. The cost for hotel accommodations and meals for the employee versus the overtime payment should be considered when trying to determine which is more advantageous.
Special Requirements for 207K Exempt Employees
The only special requirement related to 207(k) exempt employees under FLSA relates to time spent in required training when an employee is confined to a campus or to barracks 24 hours a day. Only the time spent in actual training is considered compensable hours of work as long as the other hours are spent in studying or other personal pursuits. Other than this, the same requirements that apply to non-exempt employees apply to 207(k) exempt employees.
23 9121612.1 SA390-037
TRAINING AND RELATED TRAVEL TIME FOR REQUIRED CLASSES- CONTINUED Exempt Employees
In the case of an exempt employee, the MOU is the guiding document in whether training or related travel time is compensable. Generally, exempt employees will only be paid for time spent in required training and travel during normal work hours. Travel outside of regular work hours is excluded.
Employees who have questions regarding the compensability of training and related travel time, may contact either the Chief of Police or one of the Personnel Analysts at Ext. 5316. 24 9121612.1 SA390-037
APPENDIX B- MEMORANDUM OF UNDERSTANDING REGARDING 3/12.5 SCHEDULE This memorandum of understanding was entered into as of September 25, 1999, and amended on July 3, 2001 and December 10, 2015, between the City of Santa Barbara, hereinafter referred to as "City," and the Santa Barbara Police Officers Association, hereinafter referred to as "Association." This agreement is intended to allow the City to implement a "3/12.5" work schedule for some of those Officers and Sergeants assigned to patrol functions.
The work period shall be defined as a 28-day work period as permitted by the Fair Labor Standards Act (FLSA) for law enforcement personnel for all sworn personnel irrespective of their shift assignment in order to accommodate the new "3/12.5" schedule. FLSA mandated overtime for all sworn personnel shall be defined as any hours worked beyond one hundred seventy one (171) hours in a designated twenty-eight (28) day cycle. Overtime under a "4/10" or "3/12.5" work schedule is defined as hours worked beyond the regularly scheduled shift, whether it be a 12.5-, 10-, 9- or 8-hour day. Overtime liability shall also occur if a member works in excess of his/her regularly scheduled 75, 80 or 85 hours in a pay period. The City shall continue for purposes of computing overtime to count all regular, scheduled work hours, including paid leave time, as time worked. Overtime shall continue to be compensated at a time and one-half overtime cash or time and one-half CTO rate but not to exceed the 50 hours CTO maximum bank. Once overtime is earned in connection with any approved method of accrual (daily, biweekly, FLSA) said amounts shall be deducted from overtime owed under any other approved method of accrual. There shall be no double or triple payment of overtime for the same hours involved.
The basic work schedule for those assigned to a "3/12.5" shall be to work 12 shifts of 12.5 hours and one shift of 10 hours during each 28-day work period. This is the equivalent of working 160 hours in a fourweek period; the same as employees assigned to a "4/10", work schedule. The current meal break policy shall apply to all sworn patrol personnel assigned to a "3/12.5" work schedule.
For those assigned to a "3/12.5" schedule, the 10-hour shift must be worked within the designated 28-day work period and is considered an integral part of the City's staffing needs. Therefore, the 10-hour shift is not intended to be "routinely" utilized for leave time. In situations where an employee who, for whatever reason, does not either actually work or report leave time approved by the Department for the required 10- hour shift within the 28-day work period shall have paid leave utilized for any hours necessary to account for the required 160 hours in the following order: CTO, Holiday, Vacation unless an agreement between management and the employee to utilize in a different order. If no leave balances are available, then the hours shall be reported as leave without pay.
The one 10-hour shift shall not be limited to any particular purpose; however, it is generally intended to be utilized to facilitate training, patrol responsibilities or special assignments. Complete flexibility for scheduling this day shall be maintained by management to allow for changing priorities, training availability, and the special needs of the organization.
25 9121612.1 SA390-037
MEMORANDUM OF UNDERSTANDING REGARDING 3/12.5 SCHEDULE- CONTINUED Under the "3/12.5" work schedule employees shall regularly work 75 hours during one biweekly pay period and 85 hours during the other biweekly pay period within the 28-day work cycle. As a matter of convenience for employees assigned to the "3/12.5" work schedule, the City shall ensure that the payments received by the employees at the end of each biweekly pay period are equal, or 80 hours per biweekly pay period, exclusive of any overtime. An exception will be in the case of an employee who does not work the required hours and does not have sufficient leave balances to cover the hours.
Management shall make every reasonable effort to have changes in patrol shift assignments coincide with the end of a 28-day work period. However, if the needs of the department (as determined in the sole discretion of the Police Chief) warrant a change from the "3/12.5" within the 28-day work period, the Association acknowledges that an adjustment will be required to balance the actual hours worked with the actual hours paid . This adjustment may necessitate a deduction from an employee's CTO, holiday, vacation time and/or gross pay. A similar adjustment may be necessary in situations such as, but not limited to, the resignation of an Officer.
The Association agrees that management retains the absolute right to discontinue the use of the "3/12.5" work schedule at any time without having to engage in the meet and confer process. Management also retains the right to assign an officer to either the "3/12.5" or the "4/10" work schedule without having to engage in the meet and confer process. If the "3/12.5 work schedule is discontinued by management, employees assigned to a "3/12.5" work schedule shall return to a "4/10" work schedule.
Hourly Rate Classes
Effective 7/02/2022
Revised 10/4/2022
Effective 9/24/22 - 3.5% COLA - Unrepresented Managers
Effective 9/24/22 - 3% COLA - TAP
Effective 10/8/22: 3.5% Increase - Certain Hourly Limited Term Classifications Effective 10/8/22: 3% COLA - POA
MUNIS 17 MUNIS 18 Hourly Rate
7332 N/A Assistant City Attorney IV $83.2600 - $101.2031 7334 N/A Assistant City Attorney III $75.6909 - $92.0028 7335 N/A Deputy City Attorney $48.8012 - $59.3181
MUNIS 17 MUNIS 18 Hourly Rate
7446 N/A Airport Operations Manager $59.2798 - $72.0550 7449 N/A Airport Properties Manager $59.2798 - $72.0550 7336 N/A Creeks Restoration/Clean Water Manager $58.1254 - $70.6516 7333 N/A Facilities & Energy Manager $60.4913 - $73.5276 7337 N/A Library Services Manager $52.5922 - $63.9263
7340 N/A Parks and Recreation Business Manager $55.8360 - $67.8690 7447 N/A Principal Project Manager $63.5263 - $77.2169
7341 N/A Streets Manager $55.2817 - $67.1952
7338 N/A Transportation Manager $64.8479 - $78.8231
MUNIS 17 MUNIS 18 Range
7448 N/A Airport Patrol Supervisor $55.2971 - $67.2138
7342 N/A Custodial Supervisor $30.6664 - $37.2753
7343 N/A Facilities Maintenance Supervisor $40.1342 - $48.7836 7344 N/A Parking/TMP Superintendent $50.7499 - $61.6869 7345 N/A Parks Supervisor $35.7843 - $43.4960
7346 N/A Senior Librarian $38.9476 - $47.3410
7347 N/A Water Treatment Superintendent $60.9477 - $74.0826 MUNIS 17 MUNIS 18 Range
7013 8008 Accountant II $35.1023
7074 8062 Accounting Assistant $27.4914
7103 8090 Accounting Coordinator $31.7695
7003 8001 Accounting Technician $28.8973
7000 N/A Administrative Analyst I $39.3690
7001 N/A Administrative Analyst II $45.0438
7002 8000 Administrative Assistant $32.2485
7065 8053 Administrative Specialist $24.1477
7011 8006 Airport Security Aide $19.4866
7004 8002 Assistant Parking Coordinator $25.1308
7007 8004 Assistant Planner $36.8973
7010 N/A Assistant Transportation Planner $36.8973
7008 8005 Associate Planner $39.9623
7009 8301 Associate Transportation Planner $39.9623
7062 8050 Automotive/Equipment Tech $30.2240
7012 8007 Automotive Service Writer $35.1023
7014 8009 Budget Technician $30.3752
7015 8010 Building Inspector $37.3013
7387 8307 Building Permit Tech $30.5547
7016 8011 Buyer II $33.7016
7017 8012 Carpenter $31.0335
7039 8031 City TV Production Assistant $26.1537
7040 8032 City TV Production Specialist $37.4774
7018 8013 Code Enforcement Officer $33.0628
7079 8067 Commission Secretary $26.7463
7020 N/A Communications Specialist $30.6796
7019 8014 Community Development Programs Specialist $36.1685 7026 8020 Computer Training Coordinator $40.7271
7027 8021 Creeks Outreach Coordinator $34.9277
7025 8019 Custodian $21.5306
7389 8308 Deputy City Clerk $29.5519
7028 8022 Electrician $32.9478
7029 8023 Electronics/Communications Technician I $31.4648 7031 8025 Engineering Technician I $28.2702
7032 8026 Engineering Technician II $31.0800
7386 N/A Environmental Services Specialist II $43.4985
7030 8024 Equipment Operator $25.3192
7034 N/A Executive Assistant $28.1141
7038 N/A Executive Assistant to Mayor/Council $29.5519
7036 8029 Fire Public Education Coordinator $34.9277
7414 8323 Fleet Services Technician I $30.2240
7415 8324 Fleet Services Technician II $33.3944
7037 8030 Geographic Information Systems Technician $35.2777 7021 8015 Graphic Designer $37.6408
7043 8035 Grounds Maintenance Crew Leader $28.5387
7044 8036 Grounds Maintenance Worker I $22.5750
Hourly Assignment to "Regular" Classes
01 Management
02 Management
04 Supervisors
14 General
Effective 7/30/2022: 1.5% COLA - Fire
Effective 8/27/22: Rate Change - Downtown Ambassador I; Police Officer; Police Officer Entry; APO