Agenda packet, first session — Santa Barbara City Council, April 25, 2023

CITY OF SANTA BARBARA

CITY COUNCIL
Randy Rowse
Mayor
Rebecca Bjork
City Administrator
Alejandra Gutierrez
Mayor Pro Tempore
Oscar Gutierrez
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Eric Friedman
Finance Committee Chair
Meagan Harmon
Mike Jordan
Kristen W. Sneddon
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
APRIL 25, 2023, 2:00 PM
AGENDA

COUNCIL CHAMBERS AND MAYOR/COUNCIL OFFICE, CITY HALL,
735 ANACAPA STREET
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_6qBzhd1OQ_iNFgvfSw-R0Q (Participation via Zoom)
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 859 7587 0615 (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 12:00 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. 04/25/2023 Santa Barbara City Council Final Agenda Page 1 APRIL 25, 2023 AGENDA
ORDINANCE COMMITTEE MEETING - 12:00 P.M. IN THE COUNCIL CHAMBER (120.03)

1. Subject: Storage of Personal Property in Public Areas (520.04) Recommendation: That the Ordinance Committee consider a proposed Ordinance of the Council of the City of Santa Barbara Adding Chapter 9.96 to the Municipal Code to Regulate the Storage of Personal Property in Public Places and forward the ordinance amendment to City Council for introduction and adoption.

Webinar ID: 841 9825 8178
04/25/2023 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: Arbor Day (120.04)

2. Subject: National Library Week (120.04)

CHANGES TO THE AGENDA

CONSENT CALENDAR

3. Subject: Authorize Execution of the Clean Water State Revolving Fund Installment Sale Agreement for the El Estero Electrical Distribution Renewal Project [Ordinance Adoption; Agreement] (540.01)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara authorizing the Execution of the Installment Sale Agreement with the State Water Resources Control Board for the El Estero Water Resource Center Electrical Distribution Renewal Project (Project No. 8508- 110).

4. Subject: Acceptance of Three Bottle Filling Stations and Costs of Installation from the El Gato Channel Foundation for the Central and Eastside Libraries [Resolution] (570.04)
Recommendation: That Council:

A. Accept the donation of three water bottle filling stations valued at $4,997 from the El Gato Channel Foundation to the City of Santa Barbara, Library Department; 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, for Acceptance of a Donation in the Amount of $21,580 from the El Gato Channel Foundation for the Installation of Three Water Bottle Filling Stations.
04/25/2023 Santa Barbara City Council Final Agenda Page 3

5. Subject: Acceptance of California State Library Grant [Resolution] (570.04) Recommendation: That Council:

A. Accept a grant in the amount of $21,935 from the California State Library for the support of Santa Barbara Public Library Lunch at the Library and Farm to Table children’s and teen programing; 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, for Accepting a Grant in the Amount of $21,935 Funded by the California State Library.

6. Subject: Acceptance of California Adult Education Program Grant [Resolution] (570.04)
Recommendation: That Council:

A. Accept a grant in the amount of $132,075.45 from the California Adult Education Program for the support of Santa Barbara Public Library Adult Education programing; 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, for Acceptance of a Grant in the Amount of $132,075.45 Funded by the California Adult Education Program.

7. Subject: Acceptance of Grant Funds for Santa Barbara Airport Sea-Level Rise Adaptation Plan Phases B & C Funding [Resolution] (560.01) 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, for Acceptance of Two Grants from the California Coastal Commission, and to Appropriate Funds in the Amount of $488,000 for Funding Phases B and C of Agreement No. 28,268 with Environmental Science Associates, for Preparation of the Santa Barbara Airport Sea-Level Rise Adaption Plan.

8. Subject: March 31, 2023, Investment Report and March 31, 2023, Fiscal Agent Report (260.02)
Recommendation: That Council:

A. Accept the March 31, 2023, Investment Report; and
B. Accept the March 31, 2023, Fiscal Agent Report.
04/25/2023 Santa Barbara City Council Final Agenda Page 4

9. Subject: Amendments to Increase On-Call Engineering Services Contracts for Five-Year Pre-Qualified Professional Engineering Firms for Water Resources Facilities Support [Agreement] (540.01)
Recommendation: That Council authorize the Public Works Director to execute First Amendments to seven City Professional Services Agreements for on-call engineering services for the Water Resources Division’s water and wastewater facilities in the amount of $350,000 each, for a total not-to-exceed expenditure authority of $700,000 each.

10. Subject: Geotechnical Engineering of the Taxiways M, J, and G Pavement Rehabilitation Project [Agreement] (560.04)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with Earth Systems Pacific in the amount of $80,764 for geotechnical engineering services of the Taxiways M, J, and G Pavement Rehabilitation Project, and authorize the Public Works Director to approve expenditures of up to $8,076 for extra services of Earth Systems Pacific that may result from necessary changes in the scope of work.

11. Subject: Professional Service Agreements for Landfill Gas Monitoring at the Closed Las Positas Landfill [Agreement] (630.01)
Recommendation: That Council:

A. Authorize the Sustainability and Resilience Director to execute a second amendment to the Professional Services Agreement No. 26376 for the period expiring February 26, 2023 with Rincon Consultants, Inc. for the Monitoring and Reporting Program at the Closed Las Positas Landfill at Elings Park; and
B. Authorize the Sustainability and Resilience Director to execute a new Professional Services Agreement for the term of May 1, 2023 through June 30, 2024 with Rincon Consultants, Inc for the Monitoring and Reporting Program at the Closed Las Positas Landfill at Elings Park. 04/25/2023 Santa Barbara City Council Final Agenda Page 5

12. Subject: Best Interest Waiver Purchases for Body Worn Cameras, Energy Weapons and Service Weapons (520.04)
Recommendation: That Council:

A. Approve a Best Interest Waiver under Santa Barbara Municipal Code

4.52.070(L), authorizing the General Service Manager to issue a Purchase Order in the amount of $736,031 for the lease of 135 body worn cameras from LensLock, Inc.;
B. Approve a Best Interest Waiver under Santa Barbara Municipal Code

4.52.070(L), authorizing the General Service Manager to issue a Purchase Order in the amount of $570,363 for the purchase of 110 Taser 10 lesslethal energy weapons from Axon, Enterprise Inc.; and C. Approve a Best Interest Waiver under Santa Barbara Municipal Code

4.52.070(L), authorizing the General Service Manager to issue a Purchase Order in the amount of $220,000 for the purchase of 150 Glock LE 45 9mm service pistols from ProForce Law Enforcement.

CONSENT PUBLIC HEARING

13. Subject: Appeal of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way (640.07)
Recommendation: That Council continue the Appeal of the Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way to May 23, 2023.

This concludes the Consent Calendar.

PUBLIC COMMENT

PULLED CONSENT ITEMS

REPORT FROM THE ORDINANCE COMMITTEE

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
04/25/2023 Santa Barbara City Council Final Agenda Page 6

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

14. Subject: Updated State Street Outdoor Business Facility Charge [Resolution] (530.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing Fees for Outdoor Business Facilities on the State Street Promenade and Adjoining Blocks.

CITY ATTORNEY

15. Subject: Short-Term Rental Enforcement Pilot Program [Resolution] (660.01) 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 Appropriate Funds for the Development of a Short-Term Rental Enforcement Pilot Program Directed by the City Attorney’s Office and the Finance Department.

CITY ADMINISTRATOR

16. Subject: Appeal of the Fire and Police Commission’s Denial of a Taxicab Driver’s Permit for Ryan Wabnitz (520.01)
Recommendation: That Council consider the appeal of Ryan Wabnitz of the Fire and Police Commission’s denial of a Taxicab Driver’s Permit.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE MEETING

MEETING AGENDA
DATE: April 25, 2023 Oscar Gutierrez, Chair
TIME: 12:00 p.m. Mike Jordan
PLACE: Council Chambers Kristen W. Sneddon
Office of the City Office of the City
Administrator Attorney
Nicole Grisanti Sarah J. Knecht
Supervisor, City Administrator’s Office City Attorney
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.

Please click the link below to join the webinar:
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Or One tap mobile : US: +16694449171,,84198258178# or +16699006833,,84198258178# Or Telephone: Dial (for higher quality, dial a number based on your current location):

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Webinar ID: 841 9825 8178
International numbers available: https://santabarbaraca-gov.zoom.us/u/kelZlL5Rao File Code No. 120.03
Ordinance Committee Agenda
April 25, 2023

Page 2 ends

ITEM FOR CONSIDERATION
SUBJECT: Storage of Personal Property in Public Areas
RECOMMENDATION: That the Ordinance Committee consider a proposed Ordinance of the Council of the City of Santa Barbara Adding Chapter 9.96 to the Municipal Code to Regulate the Storage of Personal Property in Public Places and forward the ordinance to the City Council for introduction and adoption.

CITY OF SANTA BARBARA

COMMITTEE AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Ordinance Committee
FROM: City Administrator’s Office
SUBJECT: Storage of Personal Property in Public Areas
RECOMMENDATION:

That the Ordinance Committee consider a proposed Ordinance of the Council of the City of Santa Barbara Adding Chapter 9.96 to the Municipal Code to Regulate the Storage of Personal Property in Public Places and forward the ordinance amendment to City Council for introduction and adoption.

DISCUSSION:

Legal Considerations
The public streets, rights-of-way, sidewalks, paseos, parks and other publicly-owned or controlled property within the City should be readily accessible and available to residents, businesses, and the public at large for their intended purposes. The use of public places for private storage of personal property is inconsistent with use for public purposes and denies public use and enjoyment of public areas by exclusively occupying public property for private storage.

Unattended or stored personal property in certain public spaces threatens the health and safety of residents and visitors because it interferes with the safe passage of pedestrians and people with disabilities in the public right-of-way and can foster unsanitary conditions.

The needs of the public to access clean, sanitary, and attractive public areas must be balanced with the needs of individuals who have no other alternatives for the storage of personal property, and who reasonably need to retain access to a limited amount of personal property in public areas.

The City of Santa Barbara benefits from tourism, and often travelers of all economic means may be seen carrying substantial quantities of personal possessions. Therefore, the intent of this proposed Ordinance is not to focus on people experiencing homelessness or to Agenda Item No. 1
File Code No. 520.04
Committee Agenda Report
Storage of Personal Property in Public Areas
April 25, 2023

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discourage tourism, but rather to maintain the City’s ability to preserve clean, accessible public areas and to address specific safety issues.

This proposed Ordinance is also mindful that while the City is not required to allow the storage of personal property within its public open spaces, it may not discriminately remove and destroy that property. That was the central issue in Lavan v. City of Los Angeles (9th Cir. 2012) 693 F.3d 1022, in which the Ninth Circuit Court of Appeals held that the removal and immediate destruction of a person’s unattended property violates the United States Constitution. The City of Los Angeles amended its ordinance in 2015 in response to the decision in Lavan (Chapter 56.11 of the Los Angeles Municipal Code) establishing a process to be used prior to removing or destroying personal property left on sidewalks. The process includes providing notice to the owner prior to removal and storing the property for a designated period of time prior to disposing of it.

A new case was filed against the City of Los Angeles in 2020, Garcia v. City of Los Angeles, regarding the storage of personal property in public places, and is still pending. The Garcia case focuses primarily on the immediate seizure and destruction of “bulky items” stored in public areas, with the Plaintiffs asserting that the ordinance is unconstitutionally vague and violated due process under the United States Fourteenth Amendment to the Constitution and the California Constitution. The district court issued a preliminary injunction against the City of Los Angeles enjoining them from enforcing several sections of Los Angeles’ ordinance. However, the parties agreed to a Court approved stipulation dissolving the injunction by way of making several changes to Los Angeles’ ordinance. The City Attorney’s Office has reviewed the issues in Garcia, including the most recent updates to the Los Angeles Municipal Code, and has incorporated them into Santa Barbara’s proposed ordinance.

The Proposed Ordinance
The proposed Ordinance was drafted considering the Court’s decision in Lavan and the developments in the Garcia case. As mentioned, the proposed Ordinance prohibits storage of unattended personal property in defined public areas. These include a public street, sidewalk, plaza, parking lot, park, beach or public building. The proposed Ordinance also prohibits the storage in a public area of excessive amounts of personal property that cannot be immediately moved.

The proposed Ordinance excludes operational personal transportation or mobility devices, such as bicycles, walkers, wheelchairs, strollers, and scooters from the definition of personal property. Furthermore, the proposed Ordinance does not impact personal property stored on public property pursuant to a permit, ordinance, statute or other authorization by City or State. The proposed Ordinance does not apply to private property. Finally, this Ordinance compliments other laws prohibiting illegal dumping or other public safety actions.

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Storage of Personal Property in Public Areas
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How the Proposed Ordinance Works – Impoundment, Repossession, and Afforded Due Process
Under the proposed Ordinance, storage is generally defined as being in the same location for more than four hours. If after four hours written notice the unattended personal property has not been removed, the City may impound it and thereafter must store it for potential recovery for 90 days. The proposed Ordinance provides that personal property may be disposed of immediately when the property is perishable or is contraband or constitutes an immediate threat to the public health or safety. Identification is not required to recover impounded personal property. The owner may claim the property if they describe the items or the location of where the property was impounded, or other identifying details. The proposed Ordinance provides that no storage fee shall be charged for any impounded personal property. The proposed Ordinance also specifies certain locations where property cannot be left regardless of duration, such as in travel ways. Property left in prohibited locations can be removed immediately.

The Ordinance sets forth the requirements for pre-removal and post-removal notice, which the City is required to use when impounding personal property that is unattended. The notice requirements are specifically detailed in the Ordinance. In addition to a pre-removal notice, the proposed Ordinance requires that the written notice be left behind by City employees after personal property is impounded. The proposed Ordinance refers to this as postremoval notice.

In certain circumstances, the Ordinance allows immediate impoundment without notice.

These situations include personal property: that does not allow for passage for people with disabilities; obstructs the City’s maintenance, cleaning or other operations in public areas; personal property left behind in a public area after a posted closure time; property within five feet of an operational, utilizable entrance, exit, driveway or loading dock; and contraband or property that constitutes evidence of a crime.

The proposed Ordinance also allows the City, without prior notice, to remove personal property that either poses an immediate threat to public safety, is left in certain specified areas like the travel way of streets and sidewalks or left in a public area with a posted sign that notifies the public of the area where unattended property is prohibited.

Signage
The City will provide signage specific to public locations where unattended property will be prohibited entirely without the need for additional notice prior to removal. These public locations may include public streets, sidewalks, plazas, parking lots, parks, beaches or public buildings. The proposed Ordinance establishes signage requirements, including a requirement for signs to be written in English and Spanish. Locations for placement of signs will be determined through consultation between the Public Works Director and the Chief of Police or their designee(s).

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Storage of Personal Property in Public Areas
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Public Storage Outreach & Education
There will be a three-month period between adoption of the proposed Ordinance and when enforcement will begin across City departments. The purpose of this period of time will be to facilitate:
 coordination and education across City departments on the specifics of the proposed Ordinance to ensure proactive and consistent enforcement; and  collaboration with the Downtown Ambassador Program, Volunteers in Policing, and homeless outreach providers to help inform residents and visitors in the City of Santa Barbara of the new Ordinance and how they can work to meet the necessary requirements.

Additionally, there will be two, standard 26-foot storage containers purchased and placed on City property that will be secure, but also accessible. One container will be utilized by City staff to store impounded personal belongings per the proposed Ordinance. The second container will be managed by City Net, the City’s primary homeless outreach and case management provider, to support people experiencing homelessness in storing their personal belongings that can be accessed by a Case Manager.

The City will continue to collaborate with City Net and other service providers to facilitate mechanisms in which the unsheltered population can access personal belongings that are important to them. The City also recognizes that a significant amount of personal belongings has often been the reason why an offer of emergency shelter or interim housing has been declined. We anticipate that helping to address this obstacle will create more opportunities for people experiencing homelessness to receive the critical healthcare and supportive services they need.

Enforcement
The Ordinance provides authorization to abate the nuisance created by storage of personal property through civil abatement (i.e. removal of the item). Enforcement of the Ordinance through criminal prosecution is limited only to situations where a person either obstructs a City employee from removing stored personal property or continues to violate this Ordinance after being given notice by a peace officer or other City employee charged with code enforcement and given a reasonable opportunity to abate.

ATTACHMENT(S): Draft Ordinance for Storage of Personal Property in Public Areas PREPARED BY: Barbara Andersen, Sr. Assistant to the City Administrator SUBMITTED BY: City Administrator’s Office
APPROVED BY: Rebecca Bjork, City Administrator
STAFF DRAFT 4/25/23
1 ORDINANCE NO. ______

AN ORDINANCE OF THE COUNCIL OF THE CITY
OF SANTA BARBARA ADDING CHAPTER 9.96

TO THE MUNICIPAL CODE TO REGULATE THE

STORAGE OF PERSONAL PROPERTY IN

PUBLIC PLACES

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

SECTION 1. Title 9 of the Santa Barbara Municipal Code is amended by adding Chapter 9.96, which reads as follows:

9.96.010 Definitions.

The following definitions apply to the interpretation of this Chapter.

A. CITY EMPLOYEE. Any full or part-time employee of the City or an independent contractor retained by the City for the purpose of implementing this Chapter.

B. ESSENTIAL PERSONAL PROPERTY. Any and all personal property that cumulatively is not more than four cubic feet in volume or an amount of property capable of being carried within a large capacity backpack, whichever is greater.

C. EXCESS PERSONAL PROPERTY. Any and all personal property that cumulatively exceeds the amount of property defined as essential personal property.

D. PERSONAL PROPERTY has the meaning as defined in Section 1.04.110 of this Code. However, for purposes of this Chapter, personal property does not include:

STAFF DRAFT 4/25/23
2 1. Operational personal transportation or mobility devices, such as bicycles, walkers, wheelchairs, strollers, scooters, and trailers attached to an operation bicycle.

2. Motor vehicles.

E. PUBLIC AREA. Property that is owned, managed, or maintained by the City, including, but not be limited to, any public street, sidewalk, plaza, parking lot, park, beach, building, or structure.

F. STORE; STORED; STORING; OR STORAGE. To put aside or
accumulate for use or to put for safekeeping, or to place or leave for more than four hours.

Placement of personal property for collection and disposal by a franchise waste hauler in accordance with Chapter 7.16 of this Code is not considered storing or storage as used in this Chapter. Authorized placement of personal property in accordance with posted rules and regulations for use of public areas is not considered storing or storage as used in this chapter. Moving personal property to another location in the same or adjacent public area within any 24-hour period, or returning personal property to the same block on a daily or regular basis, shall be considered storing and shall not be considered to be removing the personal property from a public area.

G. STORAGE FACILITY. Means any facility, whether operated by a public, non-profit, or private provider, that allows and has capacity for voluntary storage, free of charge, of Essential Personal Property.

STAFF DRAFT 4/25/23
3 H. UNATTENDED. Personal property is unattended when there is no person present who asserts or claims ownership over the personal property. Indicia of unattended personal property includes, but is not limited to, the act of leaving the personal property in a public area so that it may be appropriated by the next comer. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.

9.96.030 Storage of Personal Property Prohibited.

A. It is unlawful to do any of the following:

1. To store any unattended personal property in a public area.

2. To store any attended excess personal property in a public area that cannot be immediately moved.

3. To leave attended or unattended for any period of time any personal property in a: crosswalk; curb ramp; pedestrian pathway; on- or off-street area designed or designated for parking of vehicles of any type; business entryway; bicycle lane; travel lane of any street; landscaped or planted area of a street or sidewalk; area within ten feet of a fire hydrant; railroad crossing, bus stop; or public area so as to obstruct City operations, including street or sidewalk maintenance, repair or cleaning.

4. To leave attended or unattended for any period of time any personal property in a public area in such a manner that interferes with an accessible pathway for persons with disabilities established under federal or state law, including the Americans STAFF DRAFT 4/25/23
4 with Disabilities Act of 1990 (Pub. L. No. 101-336), and California Civil Code Sections 54 and 54.1.

5. To store any personal property within five feet of any operational and utilizable entrance, exit, driveway or loading dock.

6. To leave attended or unattended for any period of time any personal property in a public area in such a manner that obstructs or interferes with any activity in the area for which the City has issued a permit.

7. To attach, chain, or tie any personal property to any public property, including, but not limited, to a pole, bench, news rack, bicycle rack, trash can, sign, tree, mailbox, or fence.

8. To leave any personal property in a public park, building, parking lot, or other facility during any time that the facility is closed to the public.

B. Nothing in this Section precludes storage of personal property on private property or on public areas when the storage authorized by a permit or license issued by the City.

9.96.040 Abatement of Stored Personal Property.

A. Personal property stored in violation of Section 9.96.030 is a public nuisance and may be abated as provided in this Section.

1. With pre-removal notice as specified in Subsection 9.96.050(A), the City may impound any unattended personal property stored in a public area in violation of Section 9.96.030. subdivision A.1
STAFF DRAFT 4/25/23
5 2. With pre-removal notice as specified in Subsection 9.96.050(A), the City may impound any attended excess personal property stored in a public area, stored in violation of Section 9.96.030, subdivision A.2.

3. Without pre-removal notice, the City may move and/or impound any personal property that is left attended or unattended in violation of Section 9.96.030, subdivisions A. 3, 4, 5, 6, 7, or 8.

B. Nothing in this Chapter is intended to preclude any peace officer or City employee from immediately removing or otherwise disposing of any personal property in a public area when the officer has reasonable cause to believe from the totality of the circumstances that the property presents an immediate threat to public safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.

9.96.050 Pre- and Post-Removal Notice.

A. Pre-removal Notice. Except when immediate removal is authorized by Section 9.96.040, unattended personal property stored in violation of this Chapter shall be impounded only after a pre-removal notice is left at or near the location of the personal property. Pre-removal notice shall be deemed provided if a written notice is directly delivered to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property and the actual removal commences no less than four hours after the pre-removal notice is posted. The written notice shall contain the following:

1. A general description of the personal property to be removed.

STAFF DRAFT 4/25/23
6 2. The location from which the personal property will be removed.

3. The date and time the notice was posted.

4. A statement that the personal property has been stored in violation of the specific code section.

5. A statement that the personal property may be impounded if not removed from public areas within four hours.

6. A statement that moving personal property to another location in a public area shall not be considered removal of personal property from a public area.

7. The address where the removed public property will be located and may be recovered, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property as well as information as to voluntary storage location(s).

8. A statement that impounded personal property may be discarded if not claimed within ninety days after impoundment.

B. Post-removal Notice. Upon the removal of stored personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following:

1. A general description of the personal property removed.

2. The date and approximate time the personal property was removed.

STAFF DRAFT 4/25/23
7 3. A statement that the personal property was stored in a public area in violation of the specific code section.

4. The address where the removed personal property will be located and may be recovered, including a telephone number and internet website of the City through which a person may receive information regarding recovery of impounded personal property.

5. A statement that impounded personal property may be discarded if not claimed within ninety days after impoundment.

C. A notice required by this Section shall be printed or written on durable paper or card stock not less than 5 inches by 7 inches. The pre-removal notice required by subdivision A of this Section shall be in English and Spanish. The post-removal notice of the address where the removed property will be located and may be recovered, including a telephone number and internet website of the City through which a person may receive information regarding recovery of the impounded personal property, and the warning that property not recovered may be destroyed or discarded shall be in English and Spanish.

9.96.060 Storage and Disposal.

A. Except as specified herein, the City shall move personal property to a storage facility.

B. Except as specified herein, the City shall store impounded personal property for ninety days, after which time, if not claimed, it may be discarded. The City STAFF DRAFT 4/25/23
8 shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety days.

C. Any personal property may be disposed of immediately and without notice, when such property is perishable or is contraband, or constitutes an immediate threat to the public health or safety.

9.96.070 Repossession.

The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property.

Valid, government-issued identification is not required to claim impounded personal property.

9.96.080 Unlawful Conduct
A. This Chapter establishes a summary abatement remedy for the unlawful storage of personal property in public areas. The civil and criminal penalties of Chapters

1.25 and 1.28 of this Code shall not apply to violations of Section 9.96.030.

B. Notwithstanding subdivision B of this Section, no person shall resist, delay or obstruct a City employee from moving, removing, impounding or discarding personal property stored in a public area in violation of Section 9.96.030. This subdivision may be enforced as provided in Chapter 1.28 of this Code.

STAFF DRAFT 4/25/23
9 C. Nothing in this Chapter shall be construed to authorize any activity prohibited by Section 7.16.060 of this Code. Nothing in this Chapter shall be construed to regulate storage of personal property on private property.

PROCLAMATION
Arbor Day
April 28, 2023
WHEREAS, Arbor Day Observances are held in California and in the City of Santa Barbara throughout the months of March and April; and WHEREAS, National Arbor Day is observed the last Friday of April; and WHEREAS, the City of Santa Barbara has been designated a “Tree City USA” for 43 years by the National Arbor Day Foundation, and
WHEREAS, the City of Santa Barbara is proud of its more than 100 years of horticultural heritage and the health and diversity of its urban forest; and WHEREAS, the City of Santa Barbara maintains over 60,000 open space, park, and street trees, and recognizes the importance of professional tree care and annual tree planting programs to sustain a livable community; and WHEREAS, Santa Barbara Beautiful contributes to the health of the City’s Urban Forest through support for the street tree planting program; and WHEREAS, the City of Santa Barbara and Santa Barbara Beautiful collaborate with local schools to plant trees in observance of Arbor Day; NOW, THEREFORE, I, RANDY ROWSE, by virtue of the authority vested in me as Mayor of the City of Santa Barbara, California, do hereby acknowledge and proclaim April 28, 2023, as ARBOR DAY in the City of Santa Barbara and recognize the value that trees provide in enhancing the quality of our lives.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Santa Barbara, California to be affixed this 25th day of April, 2023. _________________________________________________

MAYOR RANDY ROWSE
Agenda Item No. 1
File Code No. 120.04

PROCLAMATION

NATIONAL LIBRARY WEEK
April 23-29, 2023
WHEREAS, libraries have long served as trusted and treasured institutions, and library workers and librarians fuel efforts to better their communities; and WHEREAS, libraries and their services extend far beyond the walls of a building, actively working to bring collections and resources to those who need them most; in Santa Barbara, this is seen with initiatives such as the Library on the Go outreach vehicle and our Spanish outreach team projects; and
WHEREAS, libraries offer opportunities for people of all ages to achieve their educational goals by offering early literacy classes, science, technology, and maker classes, adult literacy and workforce development programs, and volunteer opportunities; and WHEREAS, libraries offer access to arts, culture, and the opportunity to connect community members through literature, visual arts, and performing arts exhibitions; and WHEREAS, libraries provide free access to computers and wi-fi, and also offer internet hotspots and laptops for check out in order to mitigate the digital divide; and WHEREAS, Santa Barbara library staff work to serve community members of all backgrounds, as well as actively reduce structural barriers to access information for marginalized groups including Black, Indigenous, and people of color, immigrants, people with disabilities, and the most vulnerable in our communities by offering services and resources to help transform communities, open minds, and promote inclusion, diversity, equity, and justice; and
WHEREAS, libraries, librarians, library workers, and supporters across America are celebrating National Library Week;
NOW, THEREFORE, I, RANDY ROWSE, by virtue of the authority vested in me as Mayor of the City of Santa Barbara, California, do hereby proclaim National Library Week, April 23-29, 2023, encourage all residents to visit the library this week and explore what’s new at your library, and engage with library staff.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Santa Barbara, California, to be affixed this 25th day of April, 2023. ____________________________________________________

MAYOR RANDY ROWSE
Agenda Item No. 2
File Code No. 120.04
1 ORDINANCE NO. ____

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA

BARBARA AUTHORIZING THE EXECUTION OF THE

INSTALLMENT SALE AGREEMENT WITH THE STATE WATER

RESOURCES CONTROL BOARD FOR THE EL ESTERO

WATER RESOURCE CENTER ELECTRICAL DISTRIBUTION
RENEWAL PROJECT (PROJECT NO. 8508-110)
WHEREAS, the City of Santa Barbara (City) intends to construct certain capital improvement projects for the operation of the City’s wastewater treatment system and to finance the construction costs through an installment sale agreement with the California State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board is authorized, and implements its authority to provide financial assistance to the City through installment sales agreements pursuant to California Water Code Section 13475 et seq. and implementing resolutions; and WHEREAS, the Public Works Director has presented, filed with the City Clerk, and recommend approval of an installment sale agreement that will provide the funds necessary to construct the El Estero Water Resource Center Electrical Distribution Renewal Project (Project No. 8508-110), with 2.60 percent interest accruing thereon, will be repaid by the City in equal annual installments from the Wastewater Fund Net System Revenues for 30 years, beginning one year after completion of construction; and WHEREAS, the Project is categorically exempt from CEQA under Santa Barbara Municipal Code Section 22.100.070 C and State CEQA Guidelines Section 15301 (operation, maintenance, repair of existing facilities).

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

SECTION 1. The recitals are true and correct.

SECTION 2. The form of the Installment Sale Agreement, on file with the City Clerk, is approved. The Public Works Director and any such other officer or employee of the City as the Public Works Director may designate (the “Authorized Officers”), are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Installment Sale Agreement in substantially the form with such changes therein as the Authorized Officer executing the same may require or approve, and as approved as to form by the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the principle amount of the El Estero Water Resource Center Electrical Distribution Renewal Project Installment Payment shall not exceed $30,188,647, the final Installment Payment shall be payable Agenda Item No. 3
File Code No. 540.01
2 no later than 30 years following the notice of completion of construction of the Project and the true interest cost on the Installment Payments shall not exceed 2.60 percent per annum.

SECTION 3. The Authorized Officers are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out the Project, and give effect to and comply with the terms and intent of this Ordinance. All actions heretofore taken by the officers, employees, and agents of the City with respect to the transactions set forth above are hereby approved, confirmed, and ratified.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Administration, Library Department
SUBJECT: Acceptance of Three Bottle Filling Stations and Costs of Installation from the El Gato Channel Foundation for the Central and Eastside Libraries [Resolution]
RECOMMENDATION: That Council:

A. Accept the donation of three water bottle filling stations valued at $4,997 from the El Gato Channel Foundation to the City of Santa Barbara, Library Department; 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, for Acceptance of a Donation in the Amount of $21,580 from the El Gato Channel Foundation for the Installation of Three Water Bottle Filling Stations.

DISCUSSION:

In June of 2022, the Library Department contacted Community Environmental Council (CEC) to inquire about fiscal support for water filling stations at City Libraries. City Libraries see over 500,000 vistors annually and the installation of water filling stations could have a significant sustainability impact. CEC then coordinated the donation and installation of three water bottle filling stations from the El Gato Channel Foundation: two at the Central Library and one at the Eastside Library. The bottle filling stations are equipped with a water bottle filler and a traditional drinking fountain.

BUDGET/FINANCIAL INFORMATION:

The CEC donation will be appropriated to the Library Department Fiscal Year 2023 Miscellaneous Grants Fund. The $21,580 donation will cover the cost of installation of the three bottle filling stations.

SUSTAINABILITY IMPACT:

Agenda Item No. 4
File Code No. 570.04
Council Agenda Report
Acceptance of Three Bottle Filling Stations and Costs of Installation from The El Gato Channel Foundation for the Central and Eastside Libraries [Resolution] April 25, 2023

Page 2 ends

Bottle filling stations in the Library support the City’s sustainability goals and provide a convenient way for library users to refill personal hydration containers, providing an alternative to single-use plastic water bottles. The environmental benefit of reducing plastic water bottle use helps with overall efforts to minimize waste.

PREPARED BY: Kathrin Rosenberger, Administrative Analyst SUBMITTED BY: Jessica Cadiente, Library Director
APPROVED BY: City Administrator's Office
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, FOR

ACCEPTANCE OF A DONATION IN THE AMOUNT OF
$21,580 FROM THE EL GATO CHANNEL FOUNDATION

FOR THE INSTALLATION OF THREE WATER BOTTLE
FILLING STATIONS.

WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2023; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2023;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as amended by Resolution No. 22-0, is hereby amended as follows:

1. That Council accept a donation in the amount of $21,580 to cover the cost of installation for the three water refill stations.

2. That Council approve of the increase in revenue and expenditure appropriations of $21,580 in the Fiscal Year 2023 Library Miscellaneous Grants Fund budget.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Administration, Library
SUBJECT: Acceptance of California State Library Grant [Resolution] RECOMMENDATION: That Council:

Over 1 in 10 youth under 18 in Santa Barbara County face food insecurity. With this California State Library funding, Santa Barbara Public Library (SBPL) staff will employ teen interns, purchase program supplies, compensate performers and partners, and fund promotional materials for the Lunch at the Library program and Summer Lunch Outreach.

These funds will enrich learning and library access at free lunch programs in the City of Santa Barbara and ensure that messaging about free lunch and library programs reaches vulnerable families in our community.

BUDGET/FINANCIAL INFORMATION:

By accepting this grant, the Library Department will increase revenue and expenditure appropriations of $21,935 in the Fiscal Year 2023 Library Miscellaneous Grants budget.

PREPARED BY: Lisa Gonzalez, Senior Librarian
SUBMITTED BY: Jessica Cadiente, Library Director
Agenda Item No. 5
File Code No. 570.04
Council Agenda Report
Acceptance of California State Library Grant [Resolution] April 25, 2023

Page 2 ends

APPROVED BY: City Administrator's Office
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, FOR
ACCEPTING A GRANT IN THE AMOUNT OF $21,935

FUNDED BY THE CALIFORNIA STATE LIBRARY
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.

1. The Council accept the California State Library Lunch at the Library (LATL) 2023 grant.

2. The Council approves of the increase in revenue appropriation and expenditure appropriations of $21,935 in the Fiscal Year 2023 Library Miscellaneous Grants Fund.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Administration, Library
SUBJECT: Acceptance of California Adult Education Program Grant [Resolution]
RECOMMENDATION: That Council:

DISCUSSION:

With the California Adult Education Program grant funding, the Adult Education Program at Santa Barbara Public Library (SBPL) will continue to improve upon its successful oneto-one service model for integrated language and vocational literacy for learners and job seekers by expanding its hybrid model to provide both in-person and remote access to programs. This expansion will better serve the entire Santa Barbara south county community, including Carpinteria and Goleta, during the COVID-19 economic recovery period.

BUDGET/FINANCIAL INFORMATION:

By accepting this grant, the Library Department will increase revenue and expenditure appropriations of $132,075.45 in the Fiscal Year 2023 Library Miscellaneous Grants budget.

PREPARED BY: Arturo Rodriguez, Senior Librarian
Agenda Item No. 6
File Code No. 570.04
Council Agenda Report
Acceptance of California Adult Education Program Grant [Resolution] April 25, 2023

Page 2 ends

SUBMITTED BY: Jessica Cadiente, Library Director
APPROVED BY: City Administrator's Office
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, FOR

ACCEPTANCE OF A GRANT IN THE AMOUNT OF
$132,075.45 FUNDED BY THE CALIFORNIA ADULT

EDUCATION PROGRAM
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.

1. The Council accept the California Adult Education Program (CAEP) 2023 grant in the amount of $132,075..

2. The Council approves of the increase in revenue appropriation and expenditure appropriations of $132,075 in the Fiscal Year 2023 Library Miscellaneous Grants Fund.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Administration Division, Airport Department
SUBJECT: Acceptance of Grant Funds for Santa Barbara Airport Sea-Level Rise Adaptation Plan Phases B and C Funding [Resolution]
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, for Acceptance of Two Grants from the California Coastal Commission, and to Appropriate Funds in the Amount of $488,000 for Funding Phases B and C of Agreement No. 28,268 with Environmental Science Associates, for Preparation of the Santa Barbara Airport SeaLevel Rise Adaption Plan.

DISCUSSION:

The City is undergoing several major sea-level rise planning efforts in order to modernize the City’s Local Coastal Programs (LCPs) in compliance with the California Coastal Act, and prepare the City for increased flooding and erosion. In support of this effort, on March 21, 2023, Council approved a contract with Environmental Science Associates (ESA) to assist the Airport in preparing its Sea Level Rise Adaptation Plan. Specifically, this work will include an infrastructure vulnerability assessment and risk analysis, sea-level rise adaptation plan, and LCP update for the Airport segment of the City of Santa Barbara’s Coastal Zone. Due to the timing of grant funding from the California Coastal Commission (CCC) for the project, the contract with ESA was spilt into three funding phases. Phase A was funded through the reserve funds in the Airport Operating Fund in the amount of $255,000 and was appropriated in March 2023. The CCC grant funds of $488,000 for Phases B and C of the contract are now available and once approved and appropriated they will be used for the future completion of Phases B and C.

Agenda Item No. 7
File Code No. 560.01
Council Agenda Report
Acceptance of Grant Funds for Santa Barbara Airport Sea-Level Rise Adaptation Plan Phases B & C Funding [Resolution]
April 25, 2023

Page 2 ends

The funding of Phases A, B, and C has been allocated as follows:

Phase A Phase B Phase C
Airport Funds First CCC Grant Second CCC Grant
$255,000 $245,000 $243,000

ESA has been authorized to proceed with Phase A. Once the CCC grant funding is appropriated, the Airport will be able to authorize ESA to proceed to future phases as appropriate. The Sea-level Rise Adaptation Plan is anticipated to take approximately 3.5 years to complete. The work included in the full scope will be:

Phase A (funding approved March 21, 2023)
 Project Kickoff
 Sea-Level Rise Vulnerability Assessment and Risk Evaluation Phase B (CCC Round 7 Local Coastal Program Grant Program)  Project Management
 Community Engagement
 Sea-Level Rise Vulnerability Assessment and Risk Evaluation Report Review  Sea-Level Rise Adaptation Plan Development
Phase C (CCC Non-Competitive Grant Program)
 Adaptation Planning
 Local Coastal Plan Update
BUDGET/FINANCIAL INFORMATION:

In total, the two grant awards by the CCC are $488,000 that will fund consultants and City staff time managing the projects as described above.

Staff recommends that Council accept the grant funds and increase revenue and expenditure appropriations for the two grants in the fiscal year of 2023 in the amount of $488,000.

Council Agenda Report
Acceptance of Grant Funds for Santa Barbara Airport Sea-Level Rise Adaptation Plan Phases B & C Funding [Resolution]
April 25, 2023

Page 3 ends

SUSTAINABILITY IMPACT:

The Sea Level Rise Adaptation Plan advances goals contained in the General Plan, LCP, Climate Action Plan, and Adaptation Plan to address the impacts of climate change. The Adaptation Plan will correlate with updated forthcoming Drainage Master Plan Update data and will assist in addressing known and foreseeable environmental challenges that may complicate projects, which will facilitate sustainable project implementation.

PREPARED BY: Jessica Metzger, AICP, Project Planner
Sara Iza, AICP, Principal Project Manager
SUBMITTED BY: Chris Hastert, CM, Airport Director
APPROVED BY: City Administrator’s Office
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA
BARBARA AMENDING RESOLUTION NO. 22-059, ADOPTING
THE BUDGET FOR FISCAL YEAR 2023, FOR ACCEPTANCE OF

TWO GRANTS FROM THE CALIFORNIA COASTAL

COMMISSION, AND TO APPROPRIATE FUNDS IN THE
AMOUNT OF $488,000 FOR FUNDING PHASES B AND C OF
AGREEMENT NO. 28,268 WITH ENVIRONMENTAL SCIENCE

ASSOCIATES, FOR PREPERATION OF THE SANTA BARBARA

AIRPORT SEA-LEVEL RISE ADAPTION PLAN
WHEREAS, the California Coastal Commission (CCC) awarded the City two grants in the amount of $245,000 (CCC Round 7 Local Coastal Program Grant Program) and $243,000 (CCC NonCompetitive Grant Program) to fund preparation of the Airport’s Sea Level Rise Adaptation Plan; WHEREAS, the Council desires to accept those grants;
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; WHEREAS, the City Council desires to amend the adopted budget to account for the acceptance of the two CCC grants totaling $488,000; and
WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2023, as adopted by Resolution No. 22-059, is hereby amended as follows:

1. The Council approves an increase in revenue appropriations and expenditure appropriations by $488,000 in the Fiscal Year 2023 Airport Department Grants Fund budget from the California Coastal Commission Round 7 Local Coastal Program Grant Program and the Non-Competitive Grant Program to partially fund preparation of the Santa Barbara Airport Sea-level Rise Adaptation Plan.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Treasury Division, Finance Department
SUBJECT: March 31, 2023, Investment Report and March 31, 2023, Fiscal Agent Report
RECOMMENDATION: That Council:

A. Accept the March 31, 2023, Investment Report; and
B. Accept the March 31, 2023, Fiscal Agent Report.

DISCUSSION:

On a quarterly basis, staff
submits a comprehensive report
on the City’s portfolio and
related activity pursuant to the
City’s Annual Statement of
Investment Policy. The current
report covers investment activity
for the three-month period of
January 2023 through March
2023.

By the end of the quarter,
Treasury yields had mixed
moves across the yield curve, as
shown in the table above, with dynamic changes ranging between -41 and +43 basis points (“bps”).

The City generally invests in securities of one to five years in duration. Within this duration, interest rates ranged from 3.60 percent to 4.94 percent for Treasury securities at the end of the quarter. On February 1 and March 2, the Federal Reserve (“Fed”) raised the federal funds rate, which in turn influences Treasury yields, bringing it to a range of 4.75 percent to 5.00 Agenda Item No. 8
File Code No. 260.02
Council Agenda Report
March 31, 2023, Investment Report and March 31, 2023, Fiscal Agent Report April 25, 2023

Page 2 ends

percent. Additionally, the Fed continued the Quantitative Tightening, a process whereby it reduces the liquidity in the bond markets, thus withdrawing the ample monetary accommodation introduced during the pandemic. As a reaction to the Fed signaling its resolve to counter the current high inflation, interest rates across the yield curve have moved higher.

In the current interest rate environment, the City interest earnings are forecast to gradually inch higher.

Investment Activity
As shown in the Investment Activity table above, during the quarter the City invested $4 million in AAA-rated federal agency securities. The overall redemptions amounted to $7 million.

Summary of Cash and Investments
The book rate of return, or portfolio yield, measures the rate of return of actual earnings generated from the portfolio. As shown in the table to the right, during the quarter the City’s book rate of return increased by 21 basis points, from 1.796 percent at December 31, 2022 to 2.007 percent at March 31, 2023.

In the second quarter of the current fiscal year, the City’s realized interest earnings amounted to $1.63 million. The portfolio’s average days to maturity decreased by 59 days from 618 to 559 days, reflecting reinvestment of maturities and calls during the quarter in the one-to-five year range in accordance with the City’s Annual Statement of Investment Policy. The Annual Statement of Investment Policy requires that the average days to maturity on the portfolio not exceed 2.5 years, excluding any investments with a final maturity longer than five years that were separately authorized by Council. The average LAIF rate at which the City earned interest for funds invested was at 2.74 percent for the quarter ended March 31, 2023, an increase of 67 basis point from the previous quarter. The City’s LAIF holdings at the end of the quarter were $75 million.

Council Agenda Report
March 31, 2023, Investment Report and March 31, 2023, Fiscal Agent Report April 25, 2023

Page 3 ends

Credit Quality on Corporate Notes
There were no changes to the credit profiles of the corporate issuers of the medium-term notes held in the portfolio (i.e., Apple Inc., Microsoft Inc., Toyota Motor Co.). For the quarter ending March 31, the ratings of all corporate notes remained within the City’s Investment Policy guidelines of “A” or better.

Portfolio Market Gains/Losses
As shown in the Investment Yields chart below, at the end of the quarter, the City’s portfolio yield settled below the LAIF rate, the 90-day Treasury Bill, and the 2-year Treasury Note.

These benchmarks serve as indicators of the City’s performance, although, at times, they can show more pronounced swings, either higher or lower, than the City’s portfolio, especially in volatile markets such as the current one. Trends over time that substantially deviate from these benchmarks would warrant further analysis and review.

Council Agenda Report
March 31, 2023, Investment Report and March 31, 2023, Fiscal Agent Report April 25, 2023

Page 4 ends

On a quarterly basis, staff reports the five securities with the largest percentage of unrealized losses.

On a quarterly basis, staff also reports the five securities with the largest market declines of greater than one percent compared to the prior month’s market value. At the end of the quarter, there were no securities in the portfolio with a market decline of greater than one percent compared to the prior month.

The Fed’s removal of monetary accommodation to tame the current high inflation has prompted a sharp downside repricing across bond markets. However, because securities in the City’s portfolio are held to maturity, no market losses are expected to be realized.

Additional Reporting Requirements
The following confirmations are made pursuant to California Code Sections 53600, et seq.:
(1) the City’s portfolio as of March 31, 2023, is in compliance with the City’s Statement of Investment Policy; and (2) there are sufficient funds available to meet the City’s expenditure requirements for the next six months.

Fiscal Agent Investments
In addition to reporting requirements for public agency portfolios, a description of any of the agency’s investments under the management of contracted parties is also required on a quarterly basis. Attachment #2 includes bond funds as of March 31, 2023.

ATTACHMENTS: 1. March 31, 2023, Investment Report

2. March 31, 2023, Fiscal Agent Report
PREPARED BY: Salvatore Parrilla, Treasury Analyst
SUBMITTED BY: Lyndsay Maas, Assistant Finance Director
APPROVED BY: City Administrator's Office

INVESTMENT ACTIVITY INVESTMENT INCOME

PURCHASES OR DEPOSITS POOLED INVESTMENTS
3/23 FHLB 2,000,000 $ Interest Earned on Investments 516,399 $ 3/29 FFCB 2,000,000 Amortization 39,298
Total 4,000,000 $ Total 555,697 $

SALES, MATURITIES, CALLS OR WITHDRAWALS
3/15 BRK (2,000,000) $
3/20 IFC (3,000,000)
Total (5,000,000) $
ACTIVITY TOTAL (1,000,000) $ INCOME TOTAL 555,697 $

CITY OF SANTA BARBARA
Activity and Interest Report
March 31, 2023
ATTACHMENT 1
1 ENDING BALANCE AS OF February 28, 2023
Yield to Percent Average
Book Maturity of Days to
Description Value (365 days) Portfolio MaturityMUFG Union Bank NA Checking Account 21,041,800 $ 0.750% 6.18% 1 (1) State of California LAIF 75,000,000 2.624% 22.02% 1 (2)Treasury Securities - Coupon 48,722,645 1.167% 14.31% 786Treasury Discount 5,833,722 4.552% 1.71% 232Federal Agency Issues - Coupon 158,957,006 1.942% 46.68% 831Corporate/Medium Term Notes 14,992,244 2.186% 4.40% 435Supranationals Obligations 15,983,642 1.321% 4.69% 845

1. 340,531,059 934% 100.00% 563
Totals and Averages $ 1. 340,531,059 934% 100.00% 563
Total Cash and Investments 340,531,059 $
NET CASH AND INVESTMENT ACTIVITY FOR March 2023 (1,753,835) $ ENDING BALANCE AS OF March 31, 2023 Yield to Percent Average
Book Maturity of Days to
Description Value (365 days) Portfolio MaturityMUFG Union Bank NA Checking Account 20,249,527 $ 0.750% 5.98% 1 (1) State of California LAIF 75,000,000 2.831% 22.14% 1 (2)Treasury Securities - Coupon 48,732,553 1.167% 14.38% 755Treasury Discount 5,855,866 4.552% 1.73% 201Federal Agency Issues - Coupon 162,959,961 1.994% 48.10% 811Corporate/Medium Term Notes 12,993,863 2.058% 3.84% 469Supranationals Obligations 12,985,455 1.317% 3.83% 1,005

2. 338,777,225 007% 100.00% 559
Totals and Averages $ 2. 338,777,225 007% 100.00% 559
Total Cash and Investments 338,777,225 $
Note: (1) Earnings Credit Rate (ECR) is provided at the rate of 0.750% by MUFG Union Bank, N.A. to help offset banking fees. (2) The average life of the LAIF portfolio as of March 31, 2023 is 275 days.

CITY OF SANTA BARBARA
Summary of Cash and Investments
March 31, 2023
2 PURCHASE MATURITY STATED YIELD AT FACE BOOK MARKET BOOK DESCRIPTION DATE DATE MOODY'S S & P RATE 365 VALUE VALUE VALUE GAIN/(LOSS) COMMENTS LOCAL AGENCY INVESTMENT FUNDSLOCAL AGENCY INVESTMENT FUND - - - - 2.831 2.831 75,000,000.00 75,000,000.00 75,000,000.00 0.00 Subtotal, LAIF 75,000,000.00 75,000,000.00 75,000,000.00 0.00TREASURY SECURITIES - DISCOUNTU S TREASURY BILL 10/13/22 10/05/23 Aaa AA+ 4.047 4.289 3,000,000.00 2,936,938.57 2,929,140.00 (7,798.57)U S TREASURY BILL 11/04/22 11/02/23 Aaa AA+ 4.525 4.817 3,000,000.00 2,918,927.08 2,920,260.00 1,332.92 Subtotal, Treasury Securities 6,000,000.00 5,855,865.65 5,849,400.00 (6,465.65)TREASURY SECURITIES - COUPONU S TREASURY NOTE 05/03/19 04/30/24 Aaa AA+ 2.250 2.342 2,000,000.00 1,998,132.62 1,950,620.00 (47,512.62)U S TREASURY NOTE 01/22/20 06/30/23 Aaa AA+ 1.375 1.534 2,000,000.00 1,999,238.05 1,984,120.00 (15,118.05)U S TREASURY NOTE 01/12/21 09/15/23 Aaa AA+ 0.125 0.185 3,000,000.00 2,999,177.89 2,939,070.00 (60,107.89)U S TREASURY NOTE 02/12/21 07/31/25 Aaa AA+ 0.250 0.380 3,000,000.00 2,990,995.69 2,754,960.00 (236,035.69)U S TREASURY NOTE 06/02/21 05/31/25 Aaa AA+ 0.250 0.553 2,000,000.00 1,987,037.77 1,845,460.00 (141,577.77)U S TREASURY NOTE 06/02/21 12/31/25 Aaa AA+ 0.375 0.700 2,000,000.00 1,982,440.01 1,822,960.00 (159,480.01)U S TREASURY NOTE 09/03/21 06/30/25 Aaa AA+ 0.250 0.575 2,000,000.00 1,985,572.95 1,843,360.00 (142,212.95)U S TREASURY NOTE 09/24/21 04/30/25 Aaa AA+ 0.375 0.663 2,000,000.00 1,988,161.15 1,855,000.00 (133,161.15)U S TREASURY NOTE 09/24/21 05/31/26 Aaa AA+ 0.750 0.878 2,000,000.00 1,992,077.85 1,819,220.00 (172,857.85)U S TREASURY NOTE 09/24/21 07/31/26 Aaa AA+ 0.625 0.900 2,000,000.00 1,982,099.11 1,804,060.00 (178,039.11)U S TREASURY NOTE 10/08/21 08/31/26 Aaa AA+ 0.750 1.004 2,000,000.00 1,983,095.64 1,807,500.00 (175,595.64)U S TREASURY NOTE 10/08/21 09/30/26 Aaa AA+ 0.875 1.015 2,000,000.00 1,990,444.00 1,811,260.00 (179,184.00)U S TREASURY NOTE 01/18/22 04/15/24 Aaa AA+ 0.375 1.040 3,000,000.00 2,979,539.37 2,871,450.00 (108,089.37)U S TREASURY NOTE 01/12/22 04/30/26 Aaa AA+ 0.750 1.450 3,000,000.00 2,937,485.06 2,734,920.00 (202,565.06)U S TREASURY NOTE 01/18/22 01/15/25 Aaa AA+ 1.125 1.210 3,000,000.00 2,995,522.28 2,843,100.00 (152,422.28)U S TREASURY NOTE 01/31/22 01/31/24 Aaa AA+ 0.875 1.145 3,000,000.00 2,993,327.34 2,905,200.00 (88,127.34)U S TREASURY NOTE 02/28/22 02/29/24 Aaa AA+ 1.500 1.548 2,000,000.00 1,999,143.30 1,943,980.00 (55,163.30)U S TREASURY NOTE 02/28/22 11/30/26 Aaa AA+ 1.625 1.863 2,000,000.00 1,983,368.56 1,855,860.00 (127,508.56)U S TREASURY NOTE 03/15/22 03/15/25 Aaa AA+ 1.750 1.827 3,000,000.00 2,995,626.27 2,869,440.00 (126,186.27)U S TREASURY NOTE 03/17/22 05/31/24 Aaa AA+ 2.000 2.006 2,000,000.00 1,999,850.95 1,943,900.00 (55,950.95)U S TREASURY NOTE 03/17/22 12/31/26 Aaa AA+ 1.750 2.170 2,000,000.00 1,970,216.98 1,862,180.00 (108,036.98) Subtotal, Treasury Securities 49,000,000.00 48,732,552.84 46,067,620.00 (2,664,932.84)FEDERAL AGENCY ISSUES - COUPONFED AGRICULTURAL MTG CORP 05/09/19 04/03/23 - - 2.360 2.371 2,000,000.00 1,999,998.86 2,000,000.00 1.14FED AGRICULTURAL MTG CORP 02/12/20 02/12/24 - - 1.390 1.480 2,000,000.00 1,998,492.51 1,942,960.00 (55,532.51)FED AGRICULTURAL MTG CORP 03/02/21 09/22/25 - - 0.480 0.480 3,000,000.00 3,000,000.00 2,748,480.00 (251,520.00) Callable 09/22/23, Q FED AGRICULTURAL MTG CORP 06/09/22 08/20/24 - - 2.910 2.911 3,000,000.00 3,000,000.00 2,931,060.00 (68,940.00) Callable 06/09/23, QFEDERAL FARM CREDIT BANK 01/31/19 10/23/23 Aaa AA+ 2.650 2.670 2,000,000.00 1,999,795.86 1,977,180.00 (22,615.86) FEDERAL FARM CREDIT BANK 06/15/21 06/15/26 Aaa AA+ 0.900 0.900 2,000,000.00 2,000,000.00 1,808,400.00 (191,600.00) Callable, P FEDERAL FARM CREDIT BANK 05/06/21 05/06/25 Aaa AA+ 0.710 0.710 2,000,000.00 2,000,000.00 1,860,760.00 (139,240.00) Callable, PFEDERAL FARM CREDIT BANK 09/08/21 09/08/26 Aaa AA+ 0.870 0.870 2,000,000.00 2,000,000.00 1,797,260.00 (202,740.00) Callable, PFEDERAL FARM CREDIT BANK 12/16/21 07/02/24 Aaa AA+ 0.570 0.873 3,000,000.00 2,988,774.24 2,851,890.00 (136,884.24) Callable, PFEDERAL FARM CREDIT BANK 12/23/21 06/23/25 Aaa AA+ 1.170 1.170 3,000,000.00 3,000,000.00 2,812,050.00 (187,950.00) Callable, PFEDERAL FARM CREDIT BANK 12/22/21 06/22/26 Aaa AA+ 1.390 1.390 3,000,000.00 3,000,000.00 2,753,850.00 (246,150.00) Callable, PFEDERAL FARM CREDIT BANK 01/27/22 01/26/27 Aaa AA+ 1.780 1.780 3,000,000.00 3,000,000.00 2,763,480.00 (236,520.00) Callable, PFEDERAL FARM CREDIT BANK 02/16/22 02/16/27 Aaa AA+ 2.180 2.180 3,000,000.00 3,000,000.00 2,797,200.00 (202,800.00) Callable 02/16/24, P

QUALITY RATING

CITY OF SANTA BARBARA
Investment Portfolio
March 31, 2023
3 PURCHASE MATURITY STATED YIELD AT FACE BOOK MARKET BOOK DESCRIPTION DATE DATE MOODY'S S & P RATE 365 VALUE VALUE VALUE GAIN/(LOSS) COMMENTS

QUALITY RATING

CITY OF SANTA BARBARA
Investment Portfolio
March 31, 2023
FEDERAL FARM CREDIT BANK 08/30/22 02/25/26 Aaa AA+ 3.320 3.470 3,000,000.00 2,987,798.05 2,942,460.00 (45,338.05)FEDERAL FARM CREDIT BANK 05/26/22 05/26/26 Aaa AA+ 3.375 3.375 3,000,000.00 3,000,000.00 2,909,220.00 (90,780.00) Callable 05/26/23, P FEDERAL FARM CREDIT BANK 09/20/22 10/17/23 Aaa AA+ 4.125 4.089 3,000,000.00 3,000,000.00 2,988,420.00 (11,580.00) FEDERAL FARM CREDIT BANK 10/19/22 10/19/26 Aaa AA+ 4.250 4.264 3,000,000.00 2,998,668.75 3,009,330.00 10,661.25FEDERAL FARM CREDIT BANK 11/29/22 11/18/24 Aaa AA+ 4.500 4.650 3,000,000.00 2,993,045.42 3,005,880.00 12,834.58FEDERAL FARM CREDIT BANK 03/29/23 03/29/27 Aaa AA+ 4.000 4.000 2,000,000.00 2,000,000.00 2,008,300.00 8,300.00FEDERAL HOME LOAN BANK 01/28/21 01/28/26 Aaa AA+ 0.580 0.580 3,000,000.00 3,000,000.00 2,721,450.00 (278,550.00) Callable 04/28/23, Q FEDERAL HOME LOAN BANK 01/28/21 01/28/26 Aaa AA+ 0.700 0.610 3,000,000.00 3,000,000.00 2,742,900.00 (257,100.00) FEDERAL HOME LOAN BANK 01/28/21 01/28/26 Aaa AA+ 0.750 0.650 3,000,000.00 3,000,000.00 2,746,860.00 (253,140.00)FEDERAL HOME LOAN BANK 02/25/21 11/25/25 Aaa AA+ 0.500 0.500 3,000,000.00 3,000,000.00 2,738,610.00 (261,390.00) Callable 02/25/24, A FEDERAL HOME LOAN BANK 03/16/21 03/16/26 Aaa AA+ 1.000 0.800 2,000,000.00 2,000,000.00 1,823,020.00 (176,980.00)FEDERAL HOME LOAN BANK 05/20/21 05/20/26 Aaa AA+ 1.000 1.000 2,000,000.00 2,000,000.00 1,821,460.00 (178,540.00) Callable 05/20/23, QFEDERAL HOME LOAN BANK 05/26/21 12/26/25 Aaa AA+ 0.900 0.900 3,000,000.00 3,000,000.00 2,754,240.00 (245,760.00) Callable 05/26/23, QFEDERAL HOME LOAN BANK 05/26/21 11/26/24 Aaa AA+ 0.550 0.550 2,000,000.00 2,000,000.00 1,878,800.00 (121,200.00) Callable 05/26/23, QFEDERAL HOME LOAN BANK 06/10/21 06/10/25 Aaa AA+ 0.690 0.690 2,000,000.00 2,000,000.00 1,856,640.00 (143,360.00) Callable 06/10/23, QFEDERAL HOME LOAN BANK 06/10/21 06/10/26 Aaa AA+ 1.000 1.000 2,000,000.00 2,000,000.00 1,814,940.00 (185,060.00) Callable 06/10/23, QFEDERAL HOME LOAN BANK 06/28/21 03/28/25 Aaa AA+ 0.600 0.600 2,000,000.00 2,000,000.00 1,861,760.00 (138,240.00) Callable 06/28/23, QFEDERAL HOME LOAN BANK 09/23/21 10/23/24 Aaa AA+ 0.470 0.470 2,000,000.00 2,000,000.00 1,881,040.00 (118,960.00) Callable 06/23/23, QFEDERAL HOME LOAN BANK 09/28/21 03/28/25 Aaa AA+ 0.600 0.600 2,000,000.00 2,000,000.00 1,861,760.00 (138,240.00) Callable 06/28/23, QFEDERAL HOME LOAN BANK 09/28/21 09/28/26 Aaa AA+ 0.900 0.900 2,000,000.00 2,000,000.00 1,796,480.00 (203,520.00) Callable 06/28/23, QFEDERAL HOME LOAN BANK 10/28/21 10/28/26 Aaa AA+ 1.250 1.125 2,000,000.00 2,000,000.00 1,809,660.00 (190,340.00) FEDERAL HOME LOAN BANK 12/28/21 06/28/24 Aaa AA+ 0.920 0.920 3,000,000.00 3,000,000.00 2,864,310.00 (135,690.00) Callable 06/28/23, Q FEDERAL HOME LOAN BANK 12/28/21 02/28/25 Aaa AA+ 1.125 1.125 3,000,000.00 3,000,000.00 2,824,080.00 (175,920.00) Callable 06/28/23, QFEDERAL HOME LOAN BANK 12/29/21 12/29/23 Aaa AA+ 0.700 0.700 3,000,000.00 3,000,000.00 2,908,860.00 (91,140.00) Callable, PFEDERAL HOME LOAN BANK 12/30/21 12/30/24 Aaa AA+ 1.000 1.000 3,000,000.00 3,000,000.00 2,834,670.00 (165,330.00) Callable, PFEDERAL HOME LOAN BANK 01/26/22 01/26/27 Aaa AA+ 1.125 1.788 3,000,000.00 3,000,000.00 2,789,340.00 (210,660.00) Callable 01/26/24, 1x - S/UFEDERAL HOME LOAN BANK 02/28/22 05/28/24 Aaa AA+ 1.450 1.450 3,000,000.00 3,000,000.00 2,890,320.00 (109,680.00) FEDERAL HOME LOAN BANK 03/29/22 03/29/27 Aaa AA+ 2.375 2.375 3,000,000.00 3,000,000.00 2,813,370.00 (186,630.00) Callable 06/29/23, Q FEDERAL HOME LOAN BANK 04/21/22 04/21/26 Aaa AAA 3.000 3.000 2,000,000.00 2,000,000.00 1,923,500.00 (76,500.00) Callable 04/21/23, AFEDERAL HOME LOAN BANK 04/25/22 04/25/25 Aaa AA+ 2.750 2.750 2,000,000.00 2,000,000.00 1,941,800.00 (58,200.00) Callable 04/25/23, 1xFEDERAL HOME LOAN BANK 09/20/22 07/20/23 Aaa AA+ 3.500 3.590 3,000,000.00 2,999,237.00 2,989,110.00 (10,127.00) FEDERAL HOME LOAN BANK 11/29/22 11/28/23 Aaa AA+ 4.875 4.875 3,000,000.00 3,000,000.00 3,000,750.00 750.00FEDERAL HOME LOAN BANK 03/23/23 03/13/26 Aaa AA+ 4.125 4.137 2,000,000.00 1,999,146.43 2,004,660.00 5,513.57FEDERAL HOME LOAN MTG CORP 11/25/20 11/25/25 Aaa AA+ 0.625 0.625 3,000,000.00 3,000,000.00 2,747,550.00 (252,450.00) Callable on 11/25/23, A FEDERAL HOME LOAN MTG CORP 11/24/20 11/24/23 Aaa AA+ 0.320 0.320 3,000,000.00 3,000,000.00 2,910,570.00 (89,430.00) Callable 05/24/23, QFEDERAL HOME LOAN MTG CORP 09/09/20 12/09/24 Aaa AA+ 0.500 0.500 3,000,000.00 3,000,000.00 2,814,210.00 (185,790.00) Callable 06/09/23, QFEDERAL HOME LOAN MTG CORP 06/22/22 03/22/24 Aaa AA+ 2.750 2.738 4,000,000.00 4,000,000.00 3,921,080.00 (78,920.00) Callable 06/22/23, 1xFEDERAL HOME LOAN MTG CORP 06/23/22 06/23/27 Aaa AA+ 3.500 3.500 3,000,000.00 3,000,000.00 2,896,650.00 (103,350.00) Callable 06/23/23, QFEDERAL HOME LOAN MTG CORP 06/28/22 06/28/24 Aaa AA+ 3.050 3.050 4,000,000.00 4,000,000.00 3,918,680.00 (81,320.00) Callable 03/28/23, QFEDERAL HOME LOAN MTG CORP 09/29/22 09/29/27 Aaa AA+ 4.750 4.750 3,000,000.00 3,000,000.00 2,964,210.00 (35,790.00) Callable 09/29/23, QFEDERAL HOME LOAN MTG CORP 09/19/22 09/19/24 Aaa AA+ 3.700 3.700 3,000,000.00 3,000,000.00 2,960,340.00 (39,660.00) Callable 09/19/23, 1xFEDERAL HOME LOAN MTG CORP 09/08/22 06/19/23 Aaa AA+ 2.750 3.532 3,000,000.00 2,995,004.06 2,986,680.00 (8,324.06) FEDERAL HOME LOAN MTG CORP 11/22/22 11/22/27 Aaa AA+ 5.125 5.125 3,000,000.00 3,000,000.00 3,017,070.00 17,070.00 Callable 11/22/24, 1x FEDERAL HOME LOAN MTG CORP 11/30/22 08/28/24 Aaa AA+ 5.000 5.005 3,000,000.00 3,000,000.00 2,993,070.00 (6,930.00) Callable 08/28/23, 1xFEDERAL NATL MORTGAGE ASSN 08/17/20 08/17/23 Aaa AA+ 0.310 0.310 3,000,000.00 3,000,000.00 2,946,270.00 (53,730.00) Callable 05/17/2023, QFEDERAL NATL MORTGAGE ASSN 08/26/20 08/26/25 Aaa AA+ 0.600 0.600 4,000,000.00 4,000,000.00 3,684,000.00 (316,000.00) Callable 05/26/23, QFEDERAL NATL MORTGAGE ASSN 11/17/20 05/17/24 Aaa AA+ 0.375 0.375 3,000,000.00 3,000,000.00 2,857,650.00 (142,350.00) Callable 05/17/2023, Q Subtotal, Federal Agencies 163,000,000.00 162,959,961.18 155,420,600.00 (7,539,361.18) 4 PURCHASE MATURITY STATED YIELD AT FACE BOOK MARKET BOOK DESCRIPTION DATE DATE MOODY'S S & P RATE 365 VALUE VALUE VALUE GAIN/(LOSS) COMMENTS

QUALITY RATING

CITY OF SANTA BARBARA
Investment Portfolio
March 31, 2023
SUPRANATIONAL OBLIGATIONSINTERNATIONAL BANK FOR RECONST 01/22/21 10/28/25 Aaa AAA 0.500 0.500 3,000,000.00 3,000,000.00 2,749,080.00 (250,920.00)INTERNATIONAL BANK FOR RECONST 09/09/22 09/09/27 Aaa AAA 4.000 4.000 3,000,000.00 3,000,000.00 2,955,450.00 (44,550.00) Callable 09/09/2024, A INTERNATIONAL FINANCE CORP 02/22/21 08/22/24 Aaa AAA 0.250 0.255 3,000,000.00 2,999,797.21 2,825,010.00 (174,787.21) INTERNATIONAL FINANCE CORP 03/23/21 03/23/26 Aaa AAA 0.750 0.805 2,000,000.00 1,996,784.00 1,817,460.00 (179,324.00)INTERNATIONAL FINANCE CORP 06/03/21 07/16/25 Aaa AAA 0.375 0.621 2,000,000.00 1,988,873.90 1,843,720.00 (145,153.90) Subtotal, Supranationals 13,000,000.00 12,985,455.11 12,190,720.00 (794,735.11)CORPORATE/MEDIUM TERM NOTESAPPLE INC 04/23/19 05/03/23 Aaa AA+ 2.400 2.718 2,000,000.00 1,999,467.70 1,996,320.00 (3,147.70)APPLE INC 09/11/19 09/11/24 Aaa AA+ 1.800 1.903 2,000,000.00 1,997,174.67 1,927,980.00 (69,194.67)APPLE INC 02/17/21 02/08/26 Aaa AA+ 0.700 0.705 3,000,000.00 2,999,569.93 2,729,550.00 (270,019.93)MICROSOFT CORP 05/23/19 08/08/23 Aaa AAA 2.000 2.535 2,000,000.00 1,996,437.29 1,979,780.00 (16,657.29)TOYOTA MOTOR CREDIT 07/27/18 07/20/23 A1 A 3.419 3.392 2,000,000.00 2,000,148.33 1,989,200.00 (10,948.33)TOYOTA MOTOR CREDIT 03/16/20 02/13/25 A1 A 1.800 1.770 2,000,000.00 2,001,064.86 1,902,300.00 (98,764.86) Subtotal, Corporate Securities 13,000,000.00 12,993,862.78 12,525,130.00 (468,732.78)CHECKING ACCOUNTMUFG UNION BANK NA CHKNG ACCNT - - - - 0.750 0.750 20,249,526.99 20,249,526.99 20,249,526.99 0.00 Subtotal, Checking Account 20,249,526.99 20,249,526.99 20,249,526.99 0.00TOTALS 339,249,526.99 338,777,224.55 327,302,996.99 (11,474,227.56) Market values have been obtained from the City's safekeeping agent, MUFG Union Bank, N.A. - The Private Bank (UBTPB). 5 2.007

4.0604.850

2.831

0.00.51.01.52.02.53.03.54.04.55.05.5 Mar'22
($3.641)
Apr'22
($1.858)
May'22
$0.955
Jun'22
($1.429)
Jul'22
$1.042
Aug'22
($3.198)
Sep'22
($3.194)
Oct'22
($0.634)
Nov'22
$1.781
Dec'22
($0.054)
Jan'23
$1.818
Feb'23
($2.431)
Mar'23
$3.537
Yield ‐ %
Monthly Change
in Market Gain/Loss
(in Millions)
INVESTMENT YIELDS
City Portfolio 2‐Yr Treasury 90‐Day Treasury LAIF
6 CASH & CASH

EQUIVALENTS
Guaranteed
Investment Contracts
(GIC) US GOVT & AGENCIES TOTALS
Book & Market Book & Market Book Market Book Market

BOND FUNDS

RESERVE FUNDS
2011 Water - 1,699,709.73 - - - 1,699,709.73 1,699,709.73 Safe Drinking Water State Loan
2013 Water - 816,348.54 428,069.44 - - 1,244,417.98 1,244,417.98 Refunding COPS
2016 Sewer - 0.10 - - - 0.10 0.10
Refunding Bonds
2019 Airport - 1,793,375.00 - - - 1,793,375.00 1,793,375.00 Refunding Bonds
2014 Waterfront - 18,167.63 581,455.74 - - 599,623.37 599,623.37 Refunding BondsSubtotal, Reserve Funds 1,009,525.18 4,327,601.00 - - 5,337,126.18 5,337,126.18

TOTAL FISCAL AGENT
INVESTMENTS 4,327,601.00 1,009,525.18 - - 5,337,126.18 5,337,126.18 Notes:
(1) Cash & cash equivalents include money market funds. (2) Market values have been obtained from the following trustees: US Bank ATTACHMENT 2

CITY OF SANTA BARBARA
Fiscal Agent Investments
March 31, 2023

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Amendments to Increase On-Call Engineering Services Contracts for Five-Year Pre-Qualified Professional Engineering Firms for Water Resources Facilities Support [Agreement]
RECOMMENDATION:

That Council authorize the Public Works Director to execute First Amendments to seven City Professional Services Agreements for on-call engineering services for the Water Resources Division’s water and wastewater facilities in the amount of $350,000 each, for a total not-to-exceed expenditure authority of $700,000 each.

DISCUSSION:

Background
On September 22, 2020, Council approved master agreements with Carollo Engineers, Inc., Davis CME, Inc., Flowers & Associates, Inc., Mimiaga Engineering Group, Rincon Consultants, Inc., Stantec Consulting Services, and Trussell Technologies, Inc., to provide ongoing engineering services for the City of Santa Barbara’s (City) Water Resources Division. These firms were selected through a publicly advertised Request for Qualifications process and are currently in a five-year term contract ending in 2025.

Current Status
These firms have successfully provided engineering and general technical services work for a wide array of tasks by supporting Water Resources Division capital improvement projects and operations and maintenance programs since authorization of the master agreements in 2020. These contracts have reached at least 50% of the authorized notto-exceed limits. Because the contracts are intended to provide ongoing engineering services through 2025, an increase in the not-to-exceed authority for each contract is needed to continue providing the on-call support services for the remainder of the contract period. With approval of these contract amendments, the City will direct these firms to continue their work within the scope of services established in the contracts.

Agenda Item No. 9
File Code No. 540.01
Council Agenda Report
Amendments to Increase On-Call Engineering Services Contracts for Five-Year PreQualified Professional Engineering Firms for Water Resources Facilities Support [Agreement]
April 25, 2023

Page 2 ends

BUDGET/FINANCIAL INFORMATION:

With the approval of the recommended amendments, the total on-call engineering services contract expenditure authority for each of these firms will be increased to $700,000. No funds will be encumbered until a task order for an agreed scope of work for an individual project is created. These on-call engineering services will be funded through Council-approved appropriations in the Water and Wastewater Funds.

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

ENVIRONMENTAL REVIEW:

California Environmental Quality Act compliance will be determined as part of each individual task during the design process.

PREPARED BY: Brian D’Amour, P.E., City Engineer/AS/PM/rl SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Geotechnical Engineering of the Taxiways M, J, and G Pavement Rehabilitation Project [Agreement]
RECOMMENDATION:

That Council authorize the Public Works Director to execute a City Professional Services contract with Earth Systems Pacific in the amount of $80,764 for geotechnical engineering services of the Taxiways M, J, and G Pavement Rehabilitation Project, and authorize the Public Works Director to approve expenditures of up to $8,076 for extra services of Earth Systems Pacific that may result from necessary changes in the scope of work.

DISCUSSION:

Background
The Santa Barbara Municipal Airport (SBA) is comprised of a system of three runways and multiple taxiways with pavements that require sustained preventative maintenance and rehabilitation to extend the performance of the pavement structure to its design service life and minimize the safety risk of aircrafts operating on the pavement surfaces.

Taxiways Mike “M” and Juliet “J” primarily serve general aviation aircraft and connect to fixed based operator’s aprons. Taxiway Golf “G” primarily serves commercial aircraft due to its closer proximity to the passenger terminal. These taxiways have received preventative maintenance applications such as crack sealant; however, the individual taxiways have not had major rehabilitation in the past 10 to 20 years. Based on monthly visual inspections and the recorded work history, staff have concluded that the taxiways are due for major rehabilitation. In addition, the taxiways should also be evaluated during design for potential geometric changes to coincide with the pending update to the Airport Master Plan as well as changes in aircraft usage since the last major rehabilitation.

On February 28, 2023, Council authorized $262,780 for design services with Mead & Hunt, Inc., and $26,278 for potential extra services. The requested geotechnical engineering services are technical services that are typical for evaluating pavement strength and will support Mead & Hunt, Inc.’s design.

Agenda Item No. 10
File Code No. 560.04
Council Agenda Report
Geotechnical Engineering of the Taxiways M, J, and G Pavement Rehabilitation Project [Agreement]
April 25, 2023

Page 2 ends

Project Description
The purpose of the Taxiways M, J, and G Pavement Rehabilitation Project (Project) is to improve the pavement by means of pavement pulverization (milling) of the existing asphalt concrete (AC) surface layer followed by repaving AC pavement. The milling and repaving will typically be between four and six inches in depth. In areas of special concern, the recommended pavement improvement may include a full replacement of the AC surface and aggregate base layer totaling a one-foot excavation and replacement.

Determining segments of the taxiway pavement that would require more in-depth reconstruction is crucial for the design of the Project. The geotechnical engineering services will investigate the condition of all pavement layers and assess the pavement profile. Core pavement samples taken from the geotechnical engineering investigation will go through laboratory testing to evaluate the strength of the pavement material and provide scientific recommendations for the pavement design.

The data and recommendations collected from the geotechnical engineering investigation will support the overall design of the Project and determine the appropriate pavement design parameters to withstand the load of the current and prospective aircraft loading.

SBA anticipates starting geotechnical engineering services in the spring of 2023.

Construction of the Project will start by early 2024 and should take approximately three months to complete.

Design Phase Consultant Engineering Services
Staff recommends that Council authorize the Public Works Director to execute a contract with Earth Systems Pacific in the amount of $80,764 for geotechnical engineering, and approve $8,076 for potential extra services, for a total authorized amount of $88,840.

Earth Systems Pacific specializes in geotechnical engineering work related to the aviation industry and was selected through a department Request for Proposal. Earth Systems Pacific was the only engineering firm that provided a proposal for the requested geotechnical engineering services out of four solicited engineering firms. The consulting hourly rates and total proposal amount is a fair fee when compared to previous projects at SBA for similar geotechnical engineering investigative scopes.

Council Agenda Report
Geotechnical Engineering of the Taxiways M, J, and G Pavement Rehabilitation Project [Agreement]
April 25, 2023

Page 3 ends

BUDGET/FINANCIAL INFORMATION:

The following summarizes all estimated total Project costs:

ESTIMATED TOTAL PROJECT COST
*Cents have been rounded to the nearest dollar in this table.

FAA
GRANT
CITY
SHARE
TOTAL
Design with Extra Services (by Mead & Hunt,
Inc.)
$262,060 $26,998 $289,058
Survey with Extra Services (by Tartaglia
Engineering)
$29,160 $3,004 $32,164
Geotechnical with Extra Services (by Earth
Systems Pacific)
$80,542 $8,298 $88,840
Design Subtotal $371,762 $38,300 $410,062
Estimated Construction Contract $2,387,078 $245,992 $2,633,070 Construction Mgmt./Inspection (by Contract) $286,486 $29,514 $316,000 Construction Subtotal $2,673,564 $275,506 $2,949,070
TOTAL PROJECT COST $3,045,326 $313,806 $3,359,132
The Federal Aviation Administration (FAA), under authorization from the United Sates Congress, distributes FAA Airport Improvement Program funds to all eligible commercial service airports through an entitlement program, which guarantees a minimum level of federal assistance each year based on prior year passenger enplanement levels, or through a discretionary basis. This Project is part of the entitlement program for its direct relation to commercial airline usage and therefore will receive federal assistance where SBA’s share is 9.34% of the total Project cost.

There are sufficient expenditure appropriations in the Airport Capital Fund in Fiscal Year 2023 to fund the proposed geotechnical engineering contract, including extra services, with Earth Systems Pacific, until the FAA grant becomes available. When the FAA grant is available, staff will seek Council approval to appropriate the grant funds and the related grant share in the Airport Capital Grants Fund.

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

ENVIRONMENTAL REVIEW:

This Project will require environmental review as determined by California Environmental Quality Act regulations as well as coastal zone review.

Council Agenda Report
Geotechnical Engineering of the Taxiways M, J, and G Pavement Rehabilitation Project [Agreement]
April 25, 2023

Page 4 ends

PREPARED BY: Brian D’Amour, P.E., City Engineer/BK/PD/sk SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Environmental Services Division, Sustainability & Resilience Department
SUBJECT: Professional Service Agreements for Landfill Gas Monitoring at the Closed Las Positas Landfill [Agreement]
RECOMMENDATION: That Council:

A. Authorize the Sustainability and Resilience Director to execute a second amendment to the Professional Services Agreement No. 26376 for the period expiring February 26, 2023 with Rincon Consultants, Inc. for the Monitoring and Reporting Program at the Closed Las Positas Landfill at Elings Park; and B. Authorize the Sustainability and Resilience Director to execute a new Professional Services Agreement for the term of May 1, 2023 through June 30, 2024 with Rincon Consultants, Inc for the Monitoring and Reporting Program at the Closed Las Positas Landfill at Elings Park.

DISCUSSION:

Amendment to Prior Agreement
The Environmental Services Division manages the closed Las Positas Landfill at Elings Park, including operation of a landfill gas mitigation system (LGMS) that captures and flares off methane and volatile organic compounds produced by the closed landfill. The City is required to meet regulatory requirements by the Regional Water Quality Control Board (RWQCB), Air Pollution Control District (APCD), and Santa Barbara County Public Health at the landfill. These include collection and analysis of groundwater, surface water, and landfill gas and reporting on operational activities of the LGMS, environmental conditions of the landfill property, and other data findings. Since 2013, the City has utilized the services of Rincon Consultants to provide contracted management of the closed landfill and ensure compliance with all regulatory and reporting requirements In February 2019, the City executed Agreement No. 26376 with Rincon Consultants to manage the closed landfill. Over the course of the contract, it was necessary to conduct extra work which included emergency maintenance and repairs to the LGMS, increased propane fuel costs for the operation of the LGMS, a contaminated soil investigation, and Agenda Item No. 11
File Code No. 630.01
Council Agenda Report
Professional Service Agreements for Landfill Gas Monitoring at the Closed Las Positas Landfill
April 25, 2023

Page 2 ends

decommissioning of a gas monitoring well. While the contract authorized $32,220 in unanticipated extra work necessary for the continued operation of the site, the total cost of extra work during the term of the agreement was $45,443 ($13,223 over the original amount authorized).

Additionally, invoices totaling $128,240, for work performed by Rincon Consultants during the previous contract term (Agreement No. 24601) were paid against Agreement No. 26376, rather than against the prior agreement. Staff has consulted with both Purchasing and the City Attorney’s Office on this matter and they have advised increasing the do-notexceed amount of Agreement No. 26376.

For these reasons, staff is requesting to increase the not-to-exceed limit of Agreement No. 26376 from $517,000 to $658,463 in order to include the combined amount of $141,463 in unanticipated work and additional invoiced work that is outlined above.

New Proposed Agreement
The most recent contract with Rincon Consultants expired on February 26th and the Environmental Services Division finds it in the best interest of the City to continue closed landfill management services with Rincon Consultants. Over the last ten years, Rincon Consultants has developed a comprehensive understanding of the closed landfill site that will be important for future planning of the facility. After 10 years in operation, the LGMS is reaching the end of its expected lifespan and the closed landfill is reaching the end of the typical post closure regulatory period.

The proposed contract includes a scope of work to provide continued monitoring, reporting, and maintenance of the landfill and LGMS between May 1, 2023 through June 30, 2024. The proposed contract also includes development of a Post Landfill Closure Compliance Plan that will recommend options to reduce or complete post landfill closure compliance activities, including possible future decommissioning of the LGMS. The total not-to-exceed amount of the contract is $265,132.

BUDGET/FINANCIAL INFORMATION:

The second amendment to Agreement No. 26376 increases the contract authority by $141,463, with a new not-to-exceed amount of $658,463. There are sufficient expenditure appropriations in the Fiscal Year 2023 Adopted Solid Waste Fund Budget to fund contract costs.

The proposed new agreement sets a not-to-exceed amount of $265,132. For costs in Fiscal Year 2023, there are sufficient expenditure appropriations in the Adopted Solid Waste Fund budget. In Fiscal Year 2024, contract costs will be included in staff’s Proposed Solid Waste Fund Budget, which Council will review and consider in the next few months.

Council Agenda Report
Professional Service Agreements for Landfill Gas Monitoring at the Closed Las Positas Landfill
April 25, 2023

Page 3 ends

SUSTAINABILITY IMPACT:

The services to be performed under the professional services agreement with Rincon will study air and water quality parameters associated with the Las Positas Closed Landfill and will provide information necessary to mitigate environmental impacts associated with the former disposal facility.

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

PREPARED BY: Christopher Clark, Environmental Specialist I SUBMITTED BY: Alelia Parenteau, Sustainability & Resilience Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Chief’s Staff, Police Department
SUBJECT: Best Interest Waiver Purchases for Body Worn Cameras, Energy Weapons and Service Weapons
RECOMMENDATION: That Council:

A. Approve a Best Interest Waiver under Santa Barbara Municipal Code 4.52.070(L), authorizing the General Service Manager to issue a Purchase Order in the amount of $736,031 for the lease of 135 body worn cameras from LensLock, Inc.; B. Approve a Best Interest Waiver under Santa Barbara Municipal Code 4.52.070(L), authorizing the General Service Manager to issue a Purchase Order in the amount of $570,363 for the purchase of 110 Taser 10 less-lethal energy weapons from Axon, Enterprise Inc.; and
C. Approve a Best Interest Waiver under Santa Barbara Municipal Code 4.52.070(L), authorizing the General Service Manager to issue a Purchase Order in the amount of $220,000 for the purchase of 150 Glock LE 45 9mm service pistols from ProForce Law Enforcement.

DISCUSSION:

The Department needs to replace three essential equipment items and has identified vendors to provide the identified equipment. This equipment includes body worn cameras, tasers and service pistols. Staff met with vendors, reviewed available products and received quotes for the selected equipment. Each item and vendor are discussed below.

Agenda Item No. 12
File Code No. 520.04
Council Agenda Report
Best Interest Waiver Purchases for Body Worn Cameras, Energy Weapons and Service Weapons
April 25, 2023

Page 2 ends

Body Worn Cameras
The Department currently uses Watchguard body worn cameras. In 2019, Watchguard was purchased by Motorola Solutions and occurred as the Department was implementing body worn cameras for the first time. The acquisition of Watchguard by Motorola had significant impact on the implementation of this equipment, and support of the product continues to be a challenge. The body worn cameras continually have issues synchronizing with the in-car video system which is cumbersome for officers to tag the videos at the end of their shift. Additionally, the video library system continues to experience uploading and database issues.

As a result of the above issues, staff began the process of researching and reviewing other body worn camera systems. Two other vendors, LensLock, Inc. and Axon Enterprises, have been identified as having current systems that could meet the needs of the department as well as providing additional features not available in the Motorola system. The service model these vendors have implemented is a leasing model and a cloud-based solution.

LensLock, Inc. includes in their pricing: redaction services, CAD integration and installation. Axon Enterprises also offers these features, but they are at an additional cost.

One feature that LensLock, Inc. also provides that Axon Enterprises Inc. doesn’t is legacy data ingestion. This feature will allow the department to have all the legacy recorded videos integrated within the new video library system.

Based on the current features and overall price, LensLock, Inc. will meet the Department’s needs for the next 5 years. Axon Enterprises, Inc., offer is $400,000 more by the end of the lease period and does not include data ingestion or a custom MDT application.

Tasers
The Police Department presently issues Taser X26P as a less than lethal use of force tool provided to all sworn officers. The Police Department has purchased Tasers since 2007 and the current version was purchased in 2017. Additionally, we have several employees who are certified Taser instructors. Our Taser instructors are not only certified to train our officers on the Taser device but can also testify in court as use of force experts regarding Taser use.

The new Taser 10 model offered by Axon is an essential tool for de-escalating incidents with an increased 45-foot range over the current 15-to-20-foot effective range of the X26P model. This additional space enables officers to stay at a safer distance for longer periods of time, which enhances their ability to de-escalate and resolve incidents. The Taser 10 has increased accuracy and effectiveness due to the new and improved technology which amplifies safety for the Officer and for the suspect in general. Axon Enterprises Inc. is the manufacturer of the Taser 10 products, and they have offered a 3% discount on their price and will provide 5 years of support, replacing tasers as needed.

Council Agenda Report
Best Interest Waiver Purchases for Body Worn Cameras, Energy Weapons and Service Weapons
April 25, 2023

Page 3 ends

Service Pistols
The current Department issued service pistol is the Smith and Wesson M&P 40. The Department purchased these in 2010 and due to increased repair costs, difficulty in locating replacement parts, and newer safety technologies available the Department recommends replacing the existing platform. The selected replacement pistol is the Glock 45, 9 mm pistol with raised dot Trijicon optic. The replacement of all issued service pistols is necessary to provide all sworn staff with new and updated equipment to enhance performance for improved accuracy, visional acuity, and overall usability. Staff reviewed several service pistols during the process and based on the features of the new Glock 45, it was concluded it would be the best option not only for cost, but for serviceability, replacement parts, new cutting-edge technology, and overall availability. This platform will also come with a Trijicon dot optic, a detachable tactical flashlight system, and level three retention holster. After reviewing all available information on the service pistol and the package offered by the vendor, staff recommends going with ProForce Law Enforcement. The vendor can provide 150 Glock service pistols, optics, holsters, raised sites, and mounted flashlights for $220,000. Staff reviewed a quote from the manufacturer, Glock, and determined the expanded package from ProForce is better pricing than the manufacturer can and will provide.

COST BREAKDOWN:

ITEM DETAIL PRICE
Body Worn Camera Lease years 1 – 3 $736,031
Taser 10 Energy Weapon 110 Tasers $570,363
Service Pistol and accessories 150 packages $220,000
Total $1,526,394
BEST INTEREST WAIVER:

Under Municipal Code § 4.52.070(L), the City Council may authorize the purchase of equipment, supplies, and general services without competitive bidding when the Council determines it to be to be in the best interest of the City. The Police Department recommends that the Council authorize a Best Interest Waiver of formal bidding for the purchase of these items.

BUDGET/FINANCIAL INFORMATION:

There are adequate, available expenditure appropriations in Police Department’s operating budget to cover these costs in Fiscal Year 2023 due to salary savings from vacant positions.

PREPARED BY: Kenneth Kushner, Assistant Police Chief
SUBMITTED BY: Kelly Gordon, Chief of Police
Council Agenda Report
Best Interest Waiver Purchases for Body Worn Cameras, Energy Weapons and Service Weapons
April 25, 2023

Page 4 ends

APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Appeal of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way
RECOMMENDATION:

That Council continue the Appeal of the Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way to May 23, 2023.

DISCUSSION:

This appeal was originally scheduled for Council consideration on February 7, 2023; however, on February 7, 2023, the owner requested a continuance based on new information, including peer reviews of the applicant’s geotechnical report, that was submitted by one of the appellants, Mahesh Balakrishnan. This new information was made available to the applicant, planning staff, and City Council on February 2, 2023.

Council continued the item to April 25, 2023 to allow sufficient time for the applicant to respond to the new information. The peer reviews (Geotechnical Third-Party Peer Review prepared by GeoDynamics, Inc., dated December 19, 2022 and Geotechnical Peer Review of Proposed Development prepared by Cotton, Shitres and Associates, Inc., dated January 10, 2023) call into question the basis of the Planning Commission’s approval of the project and compliance with coastal policies.

The applicant has not yet provided any information in response to the geological peer review studies submitted by the appellant, and has indicated that no information will be available until at least April 17. Staff will not be able to provide council with an opinion as to whether or not the peer review studies have an impact on the findings necessary to grant a coastal development permit at the April 25 hearing; therefore, staff is requesting a continuance until May 23, 2023.

Public Comment from the February 7, 2023 continued hearing, as well as the Council Agenda Report, is available at the following link (Item 10 on agenda):

Agenda Item No. 13
File Code No. 640.07
Council Agenda Report
Appeal of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way
April 25, 2023

Page 2 ends

https://records.santabarbaraca.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=8 54&doctype=1
PREPARED BY: Allison De Busk, Project Planner
SUBMITTED BY: Elias Isaacson, Community Development Department, Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: Downtown Team Division, Public Works Department
SUBJECT: Updated State Street Outdoor Business Facility Charge [Resolution] RECOMMENDATION:

That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing Fees for Outdoor Business Facilities on the State Street Promenade and Adjoining Blocks.

BACKGROUND:

Over the past year, the State Street Interim Operations Ad Hoc Subcommittee (Subcommittee) engaged with community stakeholders on a variety of State Street Promenade interim operations topics, including charging a fee for commercial activities operating in the public right-of-way. The Subcommittee advised City of Santa Barbara (City) staff that any fee structure should be at a level sufficient to generate enough revenue to pay for costs associated with ongoing maintenance and operations.

Promenade-related expenditures in Fiscal Year 2023 are estimated to be approximately $515,000. This includes the cost of daily, weekly, and monthly cleaning, and the cost of deep cleaning, staffing, contracting, and equipment. These costs are solely due to State Street’s closure and the introduction of outdoor business facilities in the right-of-way. City staff anticipate Fiscal Year 2024 costs to be approximately $675,000, which includes the costs associated with adding a 0.5 Full Time Equivalent (FTE) code compliance officer for ADA, design, and other regulatory requirements in the State Street Promenade and citywide parklets. Currently, all Promenade-related maintenance costs are paid from the Downtown Parking Fund, which is funded through revenues collected from hourly and permit parking in the downtown parking lots. For Fiscal Year 2023, these costs were partially offset by $300,000 in one-time American Rescue Plan Act funds.

DISCUSSION:

On January 12, 2023, City Council approved a fee structure for businesses using the public right-of-way on the State Street Promenade, including the 400 and 1300 blocks of State Street. Below are the approved fees based on the facility design used by the business. The variable fees are graduated and provide lower price points for portable or Agenda Item No. 14
File Code No. 530.04
Council Agenda Report
Updated State Street Outdoor Business Facility Charge [Resolution] April 25, 2023

Page 2 ends

at-grade facilities. Portable facilities can be removed from the street with 24 hours’ notice without the use of mechanized equipment, and at-grade facilities do not have a platform.

Portability allows for more regular cleaning by the business and access for the City’s quarterly deep cleaning program. The more complex or permanent the structure, the higher the associated per-square-foot rate.

The fee options based on facility design are as follows:

Standard Rate
(not portable, with platform and roof)*
Rate Width of Facility
$5.00 per square foot up to 100% of business frontage
$7.50 per square foot 100-200% beyond frontage
$10.00 per square foot 200%+ beyond frontage
*Note: This rate would only impact existing facilities with a roof. On September 20, 2022, Council decided new facilities are not allowed to include a roof.

Rate for No Roof
(not portable, with platform)**
Rate Width of Facility
$4.50 per square foot up to 100% of business frontage
$6.75 per square foot 100-200% beyond frontage
$9.00 per square foot 200%+ beyond frontage
**Note: This rate would only impact existing facilities with a platform that is not portable.

On September 20, 2022, Council decided all new facilities must be portable.

Rate for Portable
(with platform, no roof)***
Rate Width of Facility
$4.00 per square foot up to 100% of business frontage
$6.00 per square foot 100-200% beyond frontage
$8.00 per square foot 200%+ beyond frontage
***Note: This rate would impact new facilities that include a portable platform, or existing facilities modified to align with this rate. On September 20, 2022, Council decided all new facilities must be portable.

Council Agenda Report
Updated State Street Outdoor Business Facility Charge [Resolution] April 25, 2023

Page 3 ends

Rate for At-Grade
(portable, no platform, no roof)****
Rate Width of Facility
$3.00 per square foot up to 100% of business frontage
$4.50 per square foot 100-200% beyond frontage
$6.00 per square foot 200%+ beyond frontage
****Note: This rate would impact new, at-grade facilities or existing facilities modified to align with this rate. On September 20, 2022, Council decided all new facilities must be portable.

Based on the Council-approved variable fee structure above, an assumed 25% rate of attrition, and a review of the outdoor business facility structures currently on the State Street Promenade, the estimated annual revenue is approximately $610,000. In addition to the estimated additional revenue generated from outdoor business facilities located on the 400 and 1300 blocks of State Street, City staff estimates revenues to be approximately $650,000. This estimated revenue is nearly enough to cover the estimated cost of $675,000 associated with maintenance and operations of the State Street Promenade and the 400 and 1300 blocks of State Street in Fiscal Year 2024.

BUDGET/FINANCIAL INFORMATION:

The costs associated with operations and maintenance of the State Street Promenade, including the 400 and 1300 blocks of State Street, are largely borne by the Downtown Parking Fund. Expenditures are estimated to be approximately $515,000 (does not include the cost of adding a 0.5 FTE code compliance officer for ADA, design, and other regulatory requirements) in Fiscal Year 2023, and approximately $675,000 in Fiscal Year 2024 (includes the cost of a 0.5 FTE code compliance officer), with additional increases in future years. All revenue generated from the new fees would be used to defray the annual cost associated with State Street Promenade interim operations.

PREPARED BY: Sarah Clark, Acting Downtown Team Manager/nv SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA ESTABLISHING FEES FOR OUTDOOR

BUSINESS FACILITIES ON THE STATE STREET

PROMENADE AND ADJOINING BLOCKS

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

SECTION 1. Fees for temporary outdoor business facilities within the State Street Promenade and the 400 and 1300 blocks of State Street as authorized under Ordinance No. 6055 and implementing guidelines, including any extension or replacement thereof, will be determined according to the following schedule:

Standard Rate
(not portable, with platform and roof)*
Rate Width of Facility
$5.00 per square foot up to 100% of business frontage
$7.50 per square foot 100-200% beyond frontage
$10.00 per square foot 200%+ beyond frontage
*Note: This rate applies to existing facilities with a roof established before September 20, 2022.

Rate for No Roof
(not portable, with platform)**
Rate Width of Facility
$4.50 per square foot up to 100% of business frontage
$6.75 per square foot 100-200% beyond frontage
$9.00 per square foot 200%+ beyond frontage
**Note: This rate applies to existing facilities with a platform that is not portable established before September 20, 2022.

SECTION 2. This resolution is effective upon adoption and will be operative for all facilities commencing May 1, 2023.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
Finance Department
SUBJECT: Short-Term Rental Enforcement Pilot Program [Resolution] 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 Appropriate Funds for the Development of a Short-Term Rental Enforcement Pilot Program Directed by the City Attorney’s Office and the Finance Department.

EXECUTIVE SUMMARY:

This report provides an overview of a proposed 12-month Short-Term Rental Enforcement Pilot Program that would be overseen by the City Attorney’s Office and supported by the Finance Department. The Pilot Program’s goals are to achieve the City Council’s policy objectives of preserving the City’s housing stock and protecting neighborhood character by proactively enforcing on illegal short-term rentals in the inland zones and enforcing on a nuisance complaint basis in the Costal Zones, pursuant to the Second District Court of Appeal’s decision Kracke v. City of Santa Barbara. The projected cost for the one-year Pilot Program is between $947,000 to $1,402,000 due to the large number of projected illegal short term rentals on the market. At this time staff is requesting Council adopt the attached resolution to appropriate $1,175,000 to the City Attorney’s budget to fund the Short-Term Rental Enforcement Pilot Program in Fisal Year 2023. The report contains a breakdown of those costs as well as a description of the enforcement process.

DISCUSSION:

The overall objective of the 12-month Short-Term Rental Enforcement Pilot Program is to gather accurate data on the number, location and seasonality of short-term vacation rentals operating in the City. Once accurate data is obtained, the effort shifts to gaining compliance with the City’s zoning laws through investigation and, if necessary, prosecution of operating illegal short-term rentals in the inland areas of the City and in Agenda Item No. 15
File Code No. 660.01
Council Agenda Report
Short-Term Rental Enforcement Pilot Program [Resolution] April 25, 2023

Page 2 ends

response to nuisance-based complaints in the Coastal Zone. The true magnitude and accompanying costs of that enforcement effort cannot be determined until accurate information is ascertained. The focus of this program is the enforcement of existing City of Santa Barbara zoning laws. It does not contemplate the enactment or enforcement of new laws or regulations related to short-term rentals in the City.

History of Short-Term Rentals and Enforcement in Santa Barbara While short-term rentals (STRs) are not permitted in most areas of Santa Barbara, they have nonetheless become a new form of visitor lodging in the City within the past decade.

STRs constitute the rental of any dwelling unit to any person for exclusive transient use for periods of 30 consecutive days or less. While an informal market may have existed in years past, hosts can now make a spare room or an entire apartment or house available to potential visitors through websites such as Airbnb, VRBO, and others. Guests can select from a variety of housing options and have the experience of staying in a home in a neighborhood not traditionally geared to tourism.

In many areas of the City, unregulated short-term rentals are inherently incompatible with the surrounding land uses and neighborhoods due to the intensity of use and potential nuisance impacts related to noise, parking, littering, traffic congestion, public safety, “party houses,” loss of community, and the displacement of long-term residents.

Operating a residential unit as a short-term rental is typically far more lucrative than renting the unit on a long-term basis, which can take away already scarce housing for long-term rentals in Santa Barbara, may encourage tenant evictions if a landlord concludes that they can earn more from short-term rentals than from a long-term tenant, and as mentioned above, in most areas of the City, violate the City’s zoning laws.

In 2015, due to the start of a significant increase of STRs in Santa Barbara, the City Council directed staff to begin proactive enforcement of existing zoning regulations on unlawful vacation rentals. Gathering the necessary evidence to support proactive enforcement was time-consuming and costly because of the number of unlawful vacation rentals then existing in the City. The City Council allocated $170,000 in fiscal year 2016 from the General Fund to cover the costs of increased enforcement by the City Attorney’s Office and the Community Development Department which provided for contracted staff to assist in the enforcement of illegal STRs.

Current Enforcement Process/Criminal Prosecution
Currently, the Code Compliance Unit of the Community Development Department is responsible for the investigation of illegal short-term rentals. Code Compliance investigations are complaint driven. When a Code Compliance Officer receives a complaint, he/she will conduct an investigation to determine if there is evidence to support a finding of violation. After that, Code Compliance will determine if efforts have been made to abate the violation. If there has not been any outreach, Code Compliance will Council Agenda Report
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try to contact the violator and seek voluntary compliance of the violation. If Code Compliance is not able to gain voluntary compliance, then the matter will be referred to the City Attorney’s Office for criminal prosecution. The City Attorney’s Office does not criminally prosecute a case unless there has been an attempt by Code Compliance to give the parties responsible the opportunity to voluntarily comply.

Criminal prosecution starts with the filing of a criminal complaint in Superior Court. The violator is sent a letter alerting him/her of the arraignment date. Failure to appear in court can result in the issuance of an arrest warrant. Once a case is started, the City Attorney’s Office will subpoena records from the online vacation rental platform. If the records show that the violator failed to remit Transient Occupancy Tax (TOTs), then additional charges will be added to the complaint. The goal of the criminal prosecution is to gain compliance and ensure payment of restitution to the City for back TOTs. There is a criminal discovery process in the California Penal Code. However, unlike civil cases, parties may not depose witnesses or proffer interrogatories in criminal cases. A person charged is entitled to a jury trial if the case is not resolved.

The Santa Barbara Municipal Code gives Code Compliance the ability to issue administrative citations for a violation in addition to, or in lieu of, criminal prosecution. The violator must be given a Notice of Violation before an administrative fine can be issued.

Currently, the fine amount is $100 for the first violation, $200 for the second violation, and $250 for any subsequent violation. Unlike criminal prosecution, there is no power to subpoena records when an administrative citation is issued. The person fined is entitled to an administrative hearing. In addition, after the administrative hearing, the person can litigate the fine in civil court.

The Santa Barbara Municipal Code gives the City Attorney’s Office the ability to file a civil case as well.

Comparing the Administrative Process
Unfortunately, what was learned from the 2015 enforcement experience is the funding amount and the resources allocated was nowhere near enough to curb the explosion of the STR market in Santa Barbara. This was due to the numbers of STRs on the market and the multiple steps required of the administrative code enforcement process.

In 2015, with the initiation of a proactive enforcement program against STRs, the City Attorney’s Office’s approach was exclusively through the administrative citation/civil lawsuit route. Therefore, operators have been on notice since 2015 that such activity is illegal in the City. This approach proved to be too time consuming and inefficient, especially for a high volume of cases. It is important to note, that if the same approach were used again, the cost of the enforcement program being proposed would be considerably higher than what is presented in this Report.

Litigation on STRs
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Starting in 2018, the focus and resources dedicated to enforcement shifted to defend the City’s ability to prohibit STRs in multiple legal battles. One case in particular, Kracke v.

City of Santa Barbara, changed how STRs are enforced in the Coastal Zone. The Second District Court of Appeal determined that enforcement actions against Coastal Zone STRs are limited to situations where complaints are received due to tenant behavior, or other nuisance-like conditions. Therefore, the City is unable to “proactively” initiate STR enforcement actions against unlawful rentals in the Coastal Zone as compared to the inland areas where the City is free to enforce zoning laws whether or not a complaint is received.

In September of 2022, a presentation by the Community Development Department to the City Council explained that there continues to be a high number of STRs operating in the City (though that exact number is not known). At that meeting, noting concerns regarding neighborhood compatibility and the loss of urgently needed housing to a commercial enterprise, City Council expressed the need for increased enforcement on STRs.

New Investigation Process and Resources Needed To Implement One-Year Pilot Program
The investigation of unlawful STRs in Santa Barbara will have one primary goal: achieving permanent compliance with the Zoning Ordinance in the inland areas of Santa Barbara and compliance in the Coastal Zone in adherence to the parameters put in place by the court in the Kracke decision. To be clear, the recovery of unpaid Business License Tax and Transient Occupancy Tax (TOT) cannot be the primary goal of the program. The results of any investigation can form the basis of a criminal filing by the City Attorney’s Office. Therefore, any action taken will be focused on deterring the activity. Revenue generation cannot be considered as an objective in the prosecution portion of this program.

Data information/analysis allows for the development of a more efficient code enforcement program and provides reporting metrics and accomplishments that are more easily verified and accurately presented to the City Council. To that point, the City Attorney’s Office has designed an aggressive one-year pilot program of STR investigations in order to determine the true number of operating STRs in the City and to discourage illegal operations. The next step would be phased-in enforcement, based on the data results using either criminal filings or administrative remedies, determined at the discretion of the City Attorney. The basis for this approach is that the City Attorney’s Office would be in a better position to estimate the costs for the enforcement program (primarily staffing). The City will be able to study the ebbs and flows of STRs to determine whether staffing needs should be permanent in nature or temporary/seasonal. This approach will result in achieving slower over-all compliance but is necessary due to the cost and staff resources necessary to implement the program.

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A significant first step and expense of the program, would be directed to contracting with a private vendor to provide monitoring services of existing operating STRs to assist in identifying and locating STRs. Determining the true number of operating STRs both in the Coastal Zone and in the inland areas of the City is difficult and fluctuates over time. The cost estimate for this service ranges between $100,000 to $450,000 depending on the level of service the City selects.

Once accurate data is created and maintained, qualified investigators are needed to gather hard evidence. This is the costliest, yet most essential portion of the program.

When inquiries are conducted, investigators must develop and maintain accurate records that can stand up in court. Staff is recommending (for the Pilot Program) to contract with private investigator services, as well as hourly employees, for example, retired CalPERS annuitants, such as former police officer investigators who currently perform background checks for the Santa Barbara Police Department. While this is more costly than hiring an investigator as a full or part-time employee, the basis for this recommendation for the Pilot Program is the initial ability to cast a wider net on enforcement by utilizing multiple investigators simultaneously and to identify the true number of STRs more accurately before retaining City employees for this work. The estimated costs to contract with a private investigator is $175 - $225 per hour. Hourly employees assigned to investigate would be $55 to $70 per hour. The cost for investigators needed for the one-year Pilot Program is estimated to be between $600,000 to $700,000. Additionally, the current City Attorney Investigator will be undertaking a supervisorial role during the Pilot Program for issuing assignments and overseeing the work of the hourly employees, therefore, working outside of his current classification. The cost to increase his salary to the needed supervisory role is $12,000.

The numbers from the enforcement program from 2015 to 2017 help highlight the importance of retaining investigators. During that time period, there were 759 enforcement cases opened. One Hundred Twelve of those cases were eventually settled.

The other 637 remained in limbo either because the evidence was stale or insufficient since there were no investigators able to work on those cases.

Once the investigation is complete, the supervisor can either decide to go the administrative citation route or refer the case to the Assistant City Prosecutor to consider criminal prosecution. If the investigator decides to go the administrative citation route, the first step is to send the violator a Notice of Violation. Next, the investigator must wait to see if the violator voluntarily complies. If the violation is not abated, the investigator can issue an administrative citation. If the violator continues to violate, the investigator can continue to issue administrative citations. Any citation issued by the investigator can be challenged by the violator. The City must provide the violator with an administrative hearing with a neutral party to decide whether the citation is lawfully issued. In addition to the administrative hearing, the violator can further challenge the citation in Superior Court.

At that point, it becomes a civil case, with the possibility of civil discovery and a hearing before a judge. The Assistant City Prosecutor would be responsible for the civil litigation Council Agenda Report
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of this matter. Because this would be a civil case, the process can be time consuming and expensive.

Furthermore, since the matter is strictly administrative, there is no ability to subpoena the platform companies (because there is no initial court filing) making it difficult to ascertain the amount of back taxes owed.

Due to the multiple steps required in the administrative process described above, a violator could operate for a long time before even paying their first fine, which does little in dissuading the illegal activity.

Alternatively, the City Attorney’s Office can criminally prosecute the violation if the necessary evidence is obtained by the investigator. No criminal charges will be filed unless there is an attempt at outreach with the violator to get the violator to voluntarily comply. The process for criminal prosecution will not change from what is currently occurring as described previously in this report.

The City Attorney’s Office will need additional administrative and attorney assistance. The City Attorney’s Office will utilize .50 of an existing full time (FTE) Assistant City Prosecutor to handle criminal prosecutions during the initial phase of the program. This will require the prioritization of other prosecutor duties. The City Attorney is requesting that in order to accommodate additional workload demands in the City Attorney’s Office or to assist with litigation filed challenging the enforcement program, $125,000 be budgeted during the Pilot Program for outside legal counsel services as needed. If the program continues beyond the Pilot Program, Council will be asked to consider funding an additional City Attorney position to address workload demands of the City Attorney Prosecution team.

The City will contract with a temporary agency for the Pilot Program for administrative services at an anticipated cost of $100,000.

Finally, there are significant resources/costs needed for miscellaneous items for investigations, record keeping and prosecution such as computers, office supplies, video equipment, etc. An amount recommended to reserve for these types of costs is $10,000 to $15,000 for the 12-month Pilot Program.

The total cost of estimated funding needed for the Pilot Program ranges from $947,000 to $1,402,000 for the full enforcement program. While this is a significant range, it is to be expected as there could be a huge variance of the number of illegal STRs. For purposes of budget appropriation purposes, staff is requesting funding in the amount of $1,175,000.

Potential Municipal Code Amendments
One proposal is to consider increasing administrative fines for STR violations as a viable enforcement tool. In 2021, Senate Bill 60 was passed, which increased the maximum fines a city may impose for violating an ordinance related to short-term rentals. The Council Agenda Report
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previous maximum fine amounts for violations of city ordinances (which were not violations of local building and safety codes) were set at $100 for the first violation, $200 for a second violation of the same ordinance within one year, and $250 for each additional violation of the same ordinance within one year. For short-term rental violations that pose a threat to public health or safety, SB 60 increases the maximum fine limits established in Government Code Section 36900 to $1,500 for the first violation, $3,000 for a second violation of the same ordinance within the same year, and $5,000 for each additional violation of the same ordinance within the same year. The City cannot go beyond that fine amount due to preemption issues, as the State has set the maximum fine limit.

However, a city levying such fines must establish a process for granting a hardship waiver to reduce the amount of the fine, upon a showing by the responsible party that (1) a bona fide effort was made to comply after the first violation and (2) payment of the fine would impose an undue financial burden.

Another minor amendment to consider is ensuring platform companies that list STRs in Santa Barbara keep records available for inspection for three years as required of other businesses under Santa Barbara Municipal Code Section 5.04.795. Such information would include: the address of the unit, dates for which the tourist procured use of the unit, and the nightly cost. Moreover, since each STR is its own individual business, the Business License Tax Certificate should be posted online.

Transient Occupancy Tax (TOT), Business License Tax, and Tourism Business Improvement District (TBID) Assessment
As mentioned above, the goal of the program is enforcement of the City’s zoning laws. In the inland areas, the enforcement program will involve gaining compliance and, if necessary, the filing of criminal charges. Enforcement will also deal with any failure to pay back taxes as required by the Municipal Code. The case disposition may result in voluntary settlement that could include payment of past due TOT, Business License Tax, and TBID Assessments.

For informational purposes only, it can be roughly estimated that some limited one-time revenue may be generated through these settlement agreements ranging from $300,000 to $700,000.

In the Coastal Zone, prosecution will be driven by nuisance-based complaints, in some instances, the property owner may elect to enter into a voluntary settlement agreement under which past due TOT, Business License Tax, and TBID Assessments could be paid.

Some limited one-time revenue, estimated from $15,000 to $30,000, may be generated through these settlement agreements.

Again, enforcement actions cannot be used as a vehicle to generate revenue. An enforcement action will focus on deterring unlawful activity which may involve dealing with Council Agenda Report
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an offender’s failure to pay taxes. An enforcement action can only seek restitution from the offender.

Collection of OnGoing Taxes by the Finance Department
Under the supervision of the Finance Department, the collection of ongoing annual TOT, Business License Tax, and TBID Assessment revenue for Coastal Zone STRs that previously were not registered with the City, could range from $150,000 to $320,000.

The Finance Department would engage with a private vendor who would provide STR compliance and monitoring, STR tax administration, and TOT compliance auditing. The cost estimate for the one-time portion of the Pilot Program ranges from $100,000 to $450,000, depending on the level of service selected. The more costly version of the service would include a collection program allowing hotels and STRs to remit TOT payments online via ACH or credit card. Lower cost options require Finance Department staff to process all STR TOT remittances. Ongoing costs for the services could range from $50,000 to $230,000, depending on the level of service and the number of STRs being administered upon completion of the Pilot Program. While the monies collected will go to the General Fund, City Council could devote some of this return back into the enforcement program.

Budget/Financial Information
Finance Department staff obtained limited data from two STR audit and monitoring vendors with estimates of how many Coastal and inland STRs are in operation in Santa Barbara. The estimates were compiled by the vendors for presentation purposes and are not sufficient to generate sound estimates for past due and ongoing tax revenues; therefore, the revenue estimates included in the tables below are unreliable and are shown as a range of “low” and “high.” Upon completion of the STR identification and investigations, past due/one-time and ongoing tax revenue estimates will be updated.

The tables below include General Fund revenues only. Because the 12-month phase is limited in scope, it is anticipated that only a small amount of the projected revenue will be collected during that time. The revenue in the Coastal Zone represents back TOT, Business License Tax (BLT) and Tourism Business Improvement District (TBID) Assessment revenues that the City is likely to collect from nuisance-based complaints only. The revenue in the inland areas are projected conservatively with the an assumption of voluntary settlements that may include payment of past due TOT, BLT and TBID Assessments. Revenue assumptions include a 35% collection fee from the third-party vendor for the compliance audit program.

It is important to point out that operators of STR’s in the Coastal Zone are required to obtain Business License Tax Certificates and remit TOTs in order to continue to operate so long as there are no nuisance-based complaints filed.

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To be clear, the issuance of a Business License Tax Certificate and remittance of TOTs does not legalize operating STRs in any way. Santa Barbara Municipal Code (SBMC) Section 5.04.040 provides obtaining a tax certificate and the remittance of tax owed are solely intended to raise revenue for municipal purposes, and is not intended for regulation.

Moreover, SBMC Section 5.04.030 provides that “[N]o payment of tax under the provisions of this chapter shall be construed as permission to conduct or carry on a business in such a manner so as to create or maintain a nuisance.” That particular language correlates with the Kracke decision. Finally, SBMC Section 5.04.020 is related to the discussion of illegal STRs in that it provides “[N]o payment of tax under the provisions of this chapter shall be construed as permission to conduct or carry on a business at any place within the City where the conducting or carrying on of such business is prohibited by the Zoning Ordinance of the City.”
The anticipated expenses associated with the entire 12-month Pilot Program are projected as follows: $947,000 is on the low end of the range and $1,402,000 is on the high end of the range.
12-Month Short-Term Rental Enforcement Pilot Program
Low High
Revenues
Coastal STR Past Due Taxes $ 15,000 $ 30,000
Inland STR Past Due Taxes $ 300,000 $ 700,000
Total Revenues $ 315,000 $ 730,000
Expenses
STR Identification, Audit, and Payment Processing Services $ (100,000) $ (450,000) Contract w/Private Investigators & Hourlies to Gather Evidence $ (612,000) $ (712,000) Prosecute STR violations $ (225,000) $ (225,000)
Miscellaneous equipment, supplies, etc. $ (10,000) $ (15,000) Total Expenses $ (947,000) $ (1,402,000)
One-Time
Revenues/Expenses
Implementing the proposed Pilot Program will require appropriating General Fund reserves as the additional past due tax revenue will most likely not be adequate to pay for the expenditures related to the program.

The ongoing (annual) revenues and expenses that will continue after the sunset of the Pilot Program are projected as follows:

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On-Going Short-Term Rental Payment Processing Program (Annual) Low High
Revenues
Coastal STR On-going Taxes $ 150,000 $ 320,000
Inland STR On-going Taxes* n/a n/a
Total Revenues $ 150,000 $ 320,000
Expenses
STR Audit and Payment Processing Services $ (50,000) $ (230,000) Contract w/Private Investigators & Hourlies to Gather Evidence** n/a n/a Prosecute STR violations** n/a n/a
Total Expenses $ (50,000) $ (230,000)
*On-going taxes are not applicable to Inland STRs after Pilot Program enforces closures **Gathering of evidence and prosecution ceases after Pilot Program On-Going
Revenues/Expenses
The ongoing Coastal Zone revenue projection assumes that approximately 180 STR operators will begin remitting TOT, BLT and TBID Assessments annually to the City.

Implementing the ongoing program is projected to be funded by ongoing revenues but may require appropriating General Fund reserves to achieve full funding.

Sustainability Impact
The Creeks Division is projected to receive some additional TOT revenue from implementing this program.

PREPARED BY: Sarah Knecht, City Attorney
Lyndsay Maas, Assistant Finance Director
SUBMITTED BY: Sarah Knecht, City Attorney
Keith DeMartini, Finance Director
APPROVED BY: City Administrator’s Office
1 RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO

APPROPRIATE FUNDS FOR THE DEVELOPMENT OF A

SHORT-TERM RENTAL ENFORCEMENT PILOT
PROGRAM DIRECTED BY THE CITY ATTORNEY’S

OFFICE AND THE FINANCE DEPARTMENT
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; and WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022; and
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 22-059, this Resolution approves the amendment to the budget as provided herein.

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

In accordance with the provisions of Section 1205 of the City Charter, the budget for the Fiscal Year 2023, as adopted by Resolution No. 22-059, is hereby amended as follows:

1. The Council approves of appropriating available reserve funds that exist in the General Fund into the City Attorney budget in Fiscal Year 2023 in the amount of $1,175,000 in order to fund the Short-Term Rental Enforcement Pilot Program.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 25, 2023
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Appeal of the Fire and Police Commission’s Denial of a Taxicab Driver’s Permit for Ryan Wabnitz
RECOMMENDATION:

That Council consider the appeal of Ryan Wabnitz of the Fire and Police Commission’s denial of a Taxicab Driver’s Permit.

EXECUTIVE SUMMARY:

On January 26, 2023, the Fire and Police Commission unanimously voted to deny the appeal of Ryan Wabnitz for a taxicab driver’s permit. The Commission’s denial supported the recommendation from the Santa Barbara Police Department (SBPD) that also denied the permit due to compliance with the Santa Barbara Municipal Code Section (SBMC)

5.29.190 E.

DISCUSSION:

Background
Ryan Wabnitz (Wabnitz) applied for a taxicab driver permit for the City of Santa Barbara.

Per SBMC Section 5.29.005, applicants must submit a taxi driver permit application with the required supporting documentation.

On October 6, 2022, Wabnitz completed his live scan. On October 18, 2022, the SBPD received the results from the live scan which included a misdemeanor conviction for 240 (Penal Code) PC – Assault that occurred on September 14, 2020.

The application was denied per SBMC Section 5.29.190 E. that states that a public vehicle driver’s permit shall not be issued to any person convicted of a crime involving moral turpitude, narcotics or dangerous drugs, unless a period of not less than three years shall Agenda Item No. 16
File Code No. 520.01
Ordinance Committee Agenda Report
Appeal of the Fire and Police Commission’s Denial of a Taxicab Driver’s Permit for Ryan Wabnitz
April 25, 2023

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have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later.

Wabnitz stated to the Police Technician he did not believe this charge should disqualify him from the application process. Wabnitz stated he wanted to contest the decision as the crime for Assault does not qualify as a crime of moral turpitude.

The Fire and Police Commission heard the appeal of Wabnitz during their regularly scheduled meeting on January 26, 2023. The Commission unanimously voted to deny the appeal of Wabnitz’s application for a taxicab driver’s permit per the recommendation from the Santa Barbara Police Department specific to compliance with SBMC Section

5.29.190 E. It should be noted for the record that Wabnitz displayed his displeasure at the Fire & Police Commission meeting by interrupting staff and yelling at the Commissioners as he left.

SBMC Section 5.29.190 E provides that a public vehicle driver’s permit shall not be issued to any person convicted of a crime involving “moral turpitude,” narcotics or dangerous drugs, unless a period of not less than three years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later.

SBMC Section 5.29.190 E. does not specify between felony or misdemeanor offenses.

There is no Penal Code Statute that defines crimes of “moral turpitude.” Therefore, the Commission considered the seriousness of the crime of assault and how recent the conviction was as a basis to deny the permit application. In doing so, the Commission considered SBMC section 5.29.220, which allows the SBPD to suspend or revoke a permit for a crime of violence. A crime of violence includes “assault” under SBMC Section

5.29.220 (A)(9). Consequently, the Commission reasoned that if the specific crime of assault allows for a suspension or revocation, then it could also be the basis for denial under SBMC Section 5.29.190 E.

Wabnitz was informed on February 1, 2023 that the denial for the taxicab driver’s permit was upheld by the Fire and Police Commission and notified that he can appeal the decision to the City Council.

Appeal Issue
Whether to uphold the denial of the Petitioner’s taxicab drivers permit under SBMC Section 5.29.190 E.

ATTACHMENT(S): 1. Appellant Letter, Received February 10, 2023.

2. Staff Memorandum Presented to Fire and Police Commission with Recommendation to Deny Taxicab Driver Permit
Application of Ryan Wabnitz from the Santa Barbara Police Department, Dated January 18, 2022.

Ordinance Committee Agenda Report
Appeal of the Fire and Police Commission’s Denial of a Taxicab Driver’s Permit for Ryan Wabnitz
April 25, 2023

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PREPARED BY: Barbara Andersen, Sr. Assistant to the City Administrator SUBMITTED BY: City Administrator’s Office
APPROVED BY: Rebecca Bjork, City Administrator
Chiefs Office
General Information
Administrative Services
. Animal Control
Business Office
Dispatch
lnvest�ative Division
Parking
Patrol
Records
City of Santa Barbara
Police Department
February 1, 2023
Ryan Mark Wabnitz
RE: Denial for Taxicab Driver's Pennit - Upheld
Ryan Mark Wabnitz,
www.sbpd.c:om

RECEIVED
FEB 1 0 2023

CITY CLERK'S OFFICE

SANTA BARBARA, CA
The denial of your taxicab permit application was upheld by the Fire & Police Commission at its January 26, 2023 meeting. The Commission's findings supported the Police Department's determination .

You may appeal the Commission's decision to the City Council. Appeals to the City Council from the decision of the Board of Fire and Police Commissioners shall be made pursuant to the provisions of Section 1.30.050 of the Santa Barbara Municipal Code. That section states in part:

A written notice of appeal, stating the grounds claimed for the appeal and identifying in particular all significant issues, facts and affected parties shall be filed with the City Clerk within 10 days after the day such decision is voiced, or, if a written decision is issued, within 10 days after the day such decision is issued in writing. The City Clerk shall require the payment of a fee for such appeal as i� provided by resolution of the City Council or as may be ordered by the City Council for the matter.

You have 1 O days from the date of this letter to file your appeal.

Sincerely,
Kelly Gordon
Chief of Police
Kenneth Kushner
Assistant Chief, Strategic Operations and Investigations Attachment #1
Ryan Wabnitz
Ca.

DOB
CellS
Taxi Driver Permit - 2nd Appeal - Feb. 2023
The Fire and Police Commission did nothing more than thoughtlessly, and without further investigation, back those that made the original decision, though that decision was entirely unfounded and unexpected.

The courts in Orange County, one of the most respected counties in the country, including the plaintiff, ALREADY decided that no moral turpitude was involved, based on the conviction. The Commission's denial goes against the very foundations of our courts.

In the absurd and discriminatory event that the permit be denied me yet again, I do believe and have shown that after the brief and easy research that I did before applying that there would be no reason for me to believe or suspect that such would be the case. So much so that it warrants a total refund of all the fees I've had to pay, which adds up to $500, now. Joscelyn, at the police station,, even, mentioned something about holding it off until the three years after period is over, which is not far from now.

The original appeal was as follows..

I find it absurd, oppressive, and disrespectful, unworldly, unchristian, and lacking reality, to call any non-aggravated, non-violent, and non-sexual misdemeanor, with nothing against any protected class of citizen, a crime involving moral turpitude.

NONE of these are felonies. I've done a lot of living, and I know there's a big deference between a felon and a non-felon, no matter how many misdemeanors. It's a ridiculous and a totally oppressive weight on the people.

I have zero felonies, have never been on any call in or show up probation, and do not have anything outstanding.

I have zero "history of or multiple offenses in any category, as well as zero history of any arrests from my youth through my 20's, and was only first arrested at the age of29.

Simple assault, as my brief research shows, is NOT a crime that is ruled on as involving moral turpitude. [See attached)
Misdemeanor arson, which was clearly accidental, if anything -resulting in $0 in damages and obviously unintentionally caused by a cigarette not fully extinguished, and I have zero history of anything similar of the sort, even vandalism-1 do find totally devoid of truth, absurd, preposterous, and oppressive if it be deemed to involve moral turpitude.

This is holding me back from quite a bit, plus, it's the holidays. I and the owner need more for ours and our own as well as the clientele's.

I am natural born citizen.

I am, physically, not %100 and am limited in the jobs that I can work, though I AM a driver by trade.

I, even, offered to call in once a week, or whenever they saw fit, for a brief check in to ease everyone's mind, if they required it need be.

Protect and serve.

Thank you.

City of Santa Barbara
Police Department
Memorandum
DATE: 1/18/2023
TO: Fire and Police Commission
FROM: Joscelyn Martinez, Police Technician
SUBJECT: Taxicab Driver Permit – Ryan Wabnitz
Ryan Wabnitz applied for a taxicab driver permit for the City of Santa Barbara.

Per Santa Barbara Municipal Code §5.29, applicants must submit a taxi driver permit application with the required supporting documentation.

On 9/13/22, Wabnitz delivered his application with none of the required documents. On 10/06/22, Wabnitz completed his live scan. On approximately 10/18/22 the Santa Barbara Police Department received the results, from the live scan, which included a Misdemeanor conviction for 240 PC – Assault, that occurred 09/14/20.

The application was denied per:

Santa Barbara Municipal Code §5.29.190 E. Has been convicted of a crime involving moral turpitude, narcotics or dangerous drugs, unless a period of not less than three years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later.

Ryan Wabnitz’s application was denied on 10/20/22.

Ryan Wabnitz stated to the Police Technician he did not believe this charge should disqualify him from the application process. Wabnitz stated he wanted to contest the decision. He was advised to complete the application process by submitting the required documents and fees at the City Clerks Office to continue with the denial procedure. On 11/4/22, Wabnitz submitted the missing documents, paid the required fees and submitted a response to the denial letter.

RECOMMENDATION:

The Santa Barbara Police Department recommends denying Ryan Wabnitz application for taxicab driver in compliance with Santa Barbara Municipal Code §5.29.190 E., due to the type of charge Wabnitz was convicted of.

Attachment #2

Santa Barbara City CouncilApril 25, 2023

Santa Barbara City Council
April 25, 2023