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
MAY 23, 2023, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.
Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 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.
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. (CONTINUED ON NEXT PAGE)
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.
CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.
SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.
AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 05/23/2023 Santa Barbara City Council Final Agenda Page 1 MAY 23, 2023 AGENDA
ORDINANCE COMMITTEE MEETING - 12:00 P.M. IN THE COUNCIL CHAMBER (120.03)
1. Subject: Amendment to Single Family Design Board Appeal Process (640.03) Recommendation: That the Ordinance Committee review proposed amendments to Santa Barbara Municipal Code Sections §22.69.030, 22.69.080, and 22.69.090 to direct Single Family Design Board (SFDB) appeals to the Planning Commission instead of City Council, and forward a recommendation for adoption to City Council.
Webinar ID: 834 7980 9190
Passcode: 237742
05/23/2023 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: National Public Works Week, May 21-27 2023 (120.04)
2. Subject: Asian American & Pacific Islander (AAPI) Heritage Month, May 2023 (120.04)
CHANGES TO THE AGENDA
CONSENT CALENDAR
3. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meetings of March 14, 2023; April 25, 2023; May 2, 2023; and the special meetings of April 25, 2023; May 3, 2023 (8:30 a.m.); May 3, 2023 (1:00 p.m.); May 5, 2023.
4. Subject: Storage of Personal Property in Public Areas [Ordinance Adoption] (520.04)
Recommendation: That Council adopt, by reading of title only, 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.
5. Subject: Approving the Management Performance and Compensation Plan and Authorizing Portal to Portal Pay for Sworn Fire Employees [Ordinance Adoption] (170.01)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2022-2024 Management Performance and Compensation Plan.
6. Subject: Amendment to the Restriction of Oversized Vehicles [Ordinance Introduction] (530.04)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending 05/23/2023 Santa Barbara City Council Final Agenda Page 3 Section 10.44.220 of the Santa Barbara Municipal Code Pertaining to the Restriction of Oversized Vehicle Parking on City Streets.
7. Subject: Fiscal Year 2023 Third-Quarter Review (250.02) Recommendation: That Council:
A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the nine months ended March 31, 2023; B. Accept the Fiscal Year (FY) 2023 Interim Financial Statements for the nine months ended March 31, 2023; and
C. Approve proposed Third Quarter (Q3) adjustments to FY 2023 appropriations and estimated revenues as detailed in the attached schedule of Proposed Q3 adjustments.
8. Subject: April 2023 Investment Report (260.02)
Recommendation: That Council accept the April 2023 Investment Report.
9. Subject: Grant of Easement for Access and Other Purposes for the Benefit of 821 State Street [Agreement] (330.03)
Recommendation: That Council authorize the City Administrator to execute an easement deed or agreement, in a form approved by the City Attorney, conveying a non-exclusive easement for access for ingress, egress, solid waste disposal, utilities, and other purposes within specified existing public access corridors in Paseo Nuevo for the benefit of property at 821 State Street.
10. Subject: Agreement for Workers' Compensation Claims Administration [Agreement] (350.08)
Recommendation: That City Council approve and authorize the Finance Director to execute an agreement with AdminSure, Inc., to provide Third Party Administration (TPA) services for the workers' compensation program within the Self-Insurance Fund for a term of up to five (5) years, at a total cost of $1,872,672 over the five year term. The parties agree that payment in any fiscal year beyond the amount appropriated in Fiscal Year 2024 remains subject to Council budget approval and appropriation of funds in the annual fiscal year budget; and this contract may be terminated at no cost to the City, if Council does not appropriate funds toward this expense in any future fiscal year.
05/23/2023 Santa Barbara City Council Final Agenda Page 4
11. Subject: Haley Street Youth Center Lease Renewal with Channel Islands YMCA [Agreement] (330.04)
Recommendation: That Council authorize the Parks and Recreation Director to execute a three-year lease agreement with the Channel Islands YMCA for the Haley Street Youth Center commencing on July 1, 2023, and ending on June 30, 2026.
12. Subject: Non-Profit Organization Leases at the Westside and Franklin Community Centers [Agreement] (330.04)
Recommendation: That Council:
A. Authorize the Parks and Recreation Director to execute annual lease agreements for office space at the Westside Community Center for the Independent Living Resource Center and Momentum Work, Inc.; and B. Authorize the Parks and Recreation Director to execute annual lease agreements for office space at the Franklin Community Center for California Rural Legal Assistance, Inc., and the Santa Barbara County Immigrant Legal Defense Center.
13. Subject: Professional Services Agreement with FM3 Research for Creek and Ocean Water Quality Public Awareness Research [Agreement] (540.11) Recommendation: That Council authorize the Sustainability & Resilience Director to execute a professional services agreement with FM3 Research in the amount of $56,750 to conduct public awareness research related to creek and ocean water quality and ongoing education and outreach efforts.
05/23/2023 Santa Barbara City Council Final Agenda Page 5
14. Subject: Agreements for Commissioning Services and Fire Protection Design for the Santa Barbara Police Station Project [Agreement] (700.08) Recommendation: That Council:
A. Authorize the Public Works Director to execute a City Professional Services contract with 3C Engineering in the amount of $72,750 for Commissioning Agent services for the Santa Barbara Police Station Project and authorize the Public Works Director to approve expenditures of up to $7,275 for extra services of 3C Engineering that may result from necessary changes in the scope of work; and
B. Authorize the Public Works Director to execute a City Professional Services contract with Great Plains Fire Specialists in the amount of $72,000 for fire protection design services for the Santa Barbara Police Station Project and authorize the Public Works Director to approve expenditures of up to $7,200 for extra services of Great Plains Fire Specialists that may result from necessary changes in the scope of work.
15. Subject: Appeals of Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way (640.07)
Recommendation: That Council continue the Appeals of the Planning Commission’s Approval of a Coastal Development Permit at 2315 Edgewater Way indefinitely.
05/23/2023 Santa Barbara City Council Final Agenda Page 6
CONSENT PUBLIC HEARING
16. Subject: Tax Equity And Fiscal Responsibility Act (TEFRA) Hearing for Sanctuary Centers Debt Issuance [Resolution; Agreement] (240.03) Recommendation: That Council:
A. Conduct a TEFRA public hearing regarding the issuance by the California Enterprise Development Authority (“Authority”) of certain revenue obligations in an aggregate principal amount not to exceed $15,000,000 for the purpose of financing the acquisition, construction, installation, furnishing, and equipping of 34 supportive low-income housing units and an integrated care clinic and certain other matters related thereto; B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving Associate Membership by the City of Santa Barbara in the California Enterprise Development Authority and the Execution of an Associate Membership Agreement Relating to Associate Membership of the City in the Authority; and
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving the Issuance by the California Enterprise Development Authority of Its Revenue Obligations for the Benefit of Sanctuary Centers of Santa Barbara, Inc., in an Aggregate Principal Amount Not to Exceed $15,000,000 for the Purpose of Financing the Acquisition, Construction, Installation, Furnishing, and Equipping of ThirtyFour Supportive Low-Income Housing Units and an Integrated Care Clinic and Certain Other Matters Relating Thereto.
REPORT FROM THE ORDINANCE COMMITTEE
PUBLIC COMMENT
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC WORKS DEPARTMENT
17. Subject: Appeal of the Suspension of Authorization to Operate and Maintain an Outdoor Business Facility at Taza Restaurant at 413 State Street (530.04) Recommendation: That Council consider Hitesh Ambalal and RDynamics Consulting, LLC’s appeal of the City Administrator’s suspension of the authorization to operate and maintain an Outdoor Business Facility at Taza Restaurant, located at 413 State Street.
05/23/2023 Santa Barbara City Council Final Agenda Page 7
18. Subject: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Ca’Dario Restaurant at 37 East Victoria Street (530.04) Recommendation: That Council consider Dario Furlati and Quattro Fortune, Inc.’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Ca’Dario Restaurant, located at 37 East Victoria Street.
19. Subject: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Folded Hills Winery at 1294 Coast Village Road (530.04) Recommendation: That Council consider Andrew Busch and Folded Hills Winery’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Folded Hills Winery, located at 1294 Coast Village Road.
20. Subject: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Courthouse Tavern at 129 East Anapamu Street (530.04) Recommendation: That Council consider Billy Valdez’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Courthouse Tavern, located at 129 East Anapamu Street.
21. Subject: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Trattoria Vittoria at 30 East Victoria Street (530.04) Recommendation: That Council consider Vittoria Comin and Ristorante Vittoria, Inc.’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Trattoria Vittoria, located at 30 East Victoria Street.
22. Subject: Appeal of the Suspension of Authorization to Operate and Maintain a Parklet at Foxtail Kitchen and Bar at 14 East Cota Street (530.04) Recommendation: That Council consider Falah Maayah’s appeal of the City Administrator’s suspension of the authorization to operate and maintain a parklet at Foxtail Kitchen and Bar, located at 14 East Cota Street.
MAYOR AND COUNCIL REPORTS
23. Subject: Interviews for City Advisory Groups (140.05) Recommendation: That Council:
A. Hold interviews of applicants to various City Advisory Groups (Est. time 4:00 p.m.); and
B. Continue interviews of applicants to June 6, 2023 (Est. time 4:00 p.m.) and June 13, 2023 (Est. time 6:00 p.m.).
05/23/2023 Santa Barbara City Council Final Agenda Page 8
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE MEETING
MEETING AGENDA
DATE: May 23, 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:
https://santabarbaraca-gov.zoom.us/j/83479809190?pwd=UzVCV2hiUWdZbUFQSFp4dGtNNXdPUT09 Passcode: 237742
Or One tap mobile :
+16694449171,,83479809190# US
+16699006833,,83479809190# US (San Jose)
Or Telephone:
Dial (for higher quality, dial a number based on your current location):
+1 669 444 9171 US
Webinar ID: 834 7980 9190
International numbers available: https://santabarbaraca-gov.zoom.us/u/kdjuj7leW File Code No. 120.03
Ordinance Committee Agenda
May 23, 2023
ITEM FOR CONSIDERATION
SUBJECT: Amendments to Single Family Design Board Appeal Process RECOMMENDATION: That the Ordinance Committee review the proposed amendments to Santa Barbara Municipal Code Sections §22.69.030, 22.69.080, and
22.69.090 to direct Single Family Design Board (SFDB) appeals to the Planning Commission instead of City Council, and forward a recommendation for adoption to City Council.
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Ordinance Committee
FROM: Planning Division, Community Development Department SUBJECT: Amendment to Single Family Design Board Appeal Process RECOMMENDATION:
That the Ordinance Committee review proposed amendments to Santa Barbara Municipal Code Sections §22.69.030, 22.69.080, and 22.69.090 to direct Single Family Design Board (SFDB) appeals to the Planning Commission instead of City Council, and forward a recommendation for adoption to City Council.
BACKGROUND:
The Planning Division estimates we receive two design review appeals per year, based on the historic average. Yet in the past five months alone, staff have processed four SFDB appeals for City Council review. Although this may be a statistical anomaly, staff anticipate the number of SFDB appeals will continue to increase. A look back at the last three years of SFDB project data shows a strong demand for developing second-story additions, new single-unit residential construction, and accessory dwelling units that do not meet the ministerial design criteria. These types of projects tend to spur neighbor participation at SFDB with subsequent appeals to City Council with neighbors voicing concerns about privacy impacts, increased densification, and attempts to “max out” development potential on site.
On April 19, 2023, Planning staff presented an update to the City Council’s Land Development Team Oversight Subcommittee (LDTO) on SFDB process improvements, in an effort to identify persistent issues related to SFDB review and identify solutions to help streamline single family residential development projects when appropriate. Staff discussed the awkward SFDB appeal process and identified the challenges that members of the public experience being unequipped to participate effectively. City Council also face challenges with SFDB appeals citing difficulty reviewing plans and navigating competing neighbor and homeowner interests. For these reasons and other procedural considerations, staff proposed the idea to amend the SFDB appeal procedure in SBMC §22.69.080 to redirect Agenda Item No. 1
File Code No. 640.03
Ordinance Committee Agenda Report
Amendment to Single Family Design Board Appeal Process
May 23, 2023
appeals to the Planning Commission instead of City Council. The LDTO, and subsequently the Planning Commission on May 11, 2023, supported fast-tracking this code amendment for the reasons identified in this report.
DISCUSSION:
Staff is requesting consideration of amending SBMC §22.69.080 to direct SFDB appeals to the Planning Commission instead of the City Council. As drafted, the Planning Commission may approve, conditionally approve, or deny an SFDB application, and the decision of the Planning Commission shall be final with no further option to contest except for judicial review. This proposed amendment is only for the SFDB and does not include the Architectural Board of Review (ABR) or the Historic Landmarks Commission (HLC).
Unlike the SFDB, the ABR and HLC are City Charter advisory groups with specific powers and duties and a requirement that City Council be the designated review authority for appeals (City Charter Sections 814 and 817).
Appropriate Alternative Review Authority
Staff suggest that the Planning Commission is an appropriate alternative review authority for SFDB appeals because they are fully equipped to perform efficient and effective reviews. Although the Council reviews each SFDB appeal carefully, Planning Commission is accustomed to reviewing plans, familiarizing themselves with the City’s design guidelines, and considering land use and design impacts. Further, Planning Commission faces little political pressure over contested neighborhood projects. It is not an ideal position for the Council to navigate neighbor versus neighbor development disputes, particularly when both parties could be “right.” For this reason, the Council may wish to redirect appeal review to avoid the granularity of SFDB appeals and instead retain oversight over ABR and HLC, which tend to have broader community implications.
Streamlining Benefits
Redirecting SFDB appeals to the Planning Commission will have immediate streamlining benefits for applicants, appellants, and staff. After receiving an appeal, one of the first hurdles is scheduling a time for it to be heard at City Council. Staff coordinate with applicants, appellants, homeowners, and their agents (attorneys, land use planners, architects, etc.) to set a hearing date at Council. Once established, a hearing date may be several months after the appeal was filed. Delays are generally a result of trying to accommodate multiple parties’ schedules as well as staff’s deadlines to prepare Council Agenda Reports. For homeowners who may have already been through a year or more of public hearings, extending a decision point out another four months due to scheduling can be frustrating.
Directing SFDB appeals to Planning Commission is a two-step process instead of City Council’s three-step process: one hearing to set a date for an upcoming appeal; a second hearing to hear the appeal; and a third hearing to review and approve a resolution and Ordinance Committee Agenda Report
Amendment to Single Family Design Board Appeal Process
May 23, 2023
written findings. Ideally, this amendment would expedite the matter by removing the need to have a hearing just to set a date for the hearing.
SFDB appeals at City Council are also staff-intensive and involve multiple departments.
When the Council reviews SFDB appeals, there is considerable coordination with the City Clerk’s Office, City Attorney’s Office, City Administrator’s Office, and various divisions within the Community Development Department. Each department has their own separate procedures and templates adding unnecessary complication to the process.
Redirecting SFDB appeals to the Planning Commission keeps the processing (e.g. scheduling, drafting staff reports, answering appellant questions, and managing required notices) under one department, thus saving time on interdepartmental coordination and reducing the guesswork for Planning and Administrative staff as well as interested parties.
As drafted, an action of the SFDB to approve, conditionally approve, or deny project design approval and final approval may be appealed to the Planning Commission, which would be the final action subject only to judicial review1. Staff is not proposing any additional opportunities to appeal or suspend Planning Commission’s action as it would negate the streamlining efforts and double the processing and hearing time without a clear benefit.
At the May 11, 2023, meeting, the Planning Commission unanimously moved to support the recommendation that SFDB appeals be directed to the Planning Commission instead of the City Council. As part of the motion, the Planning Commission also included additional considerations for Council related to the larger SFDB process improvement efforts including having thorough findings in the meeting minutes; providing definitions of mass, bulk, and scale; better defining enforcement of design review approvals; and clarifying the definition of neighborhood compatibility. Further, Planning Commission expressed support for the idea to limit the number of SFDB design review appeals to one (at the time of Project Design Approval).
BUDGET/FINANCIAL IMPACT:
This action does not have a financial impact on the City.
ENVIRONMENTAL REVIEW:
Under SBMC Chapter 22.100, the City implements its responsibilities following California Public Resources Code Section 21082 and California Code of Regulations, Title 14, Section 15022 to adopt objectives, criteria and procedures for evaluation of projects pursuant to the California Environmental Quality Act (CEQA). This project is categorically exempt from further environmental review pursuant to SBMC §22.100.070.C.5.c – Class 5: Minor Alterations in Land Use Limitations for adoption or amendment of land use or development ordinances, regulations, standards, or guidelines that substantially maintain existing land use intensity or density. On May 11, 2023, the Planning Commission made 1 Notwithstanding Section 30.205.150, subdivision A.3. and Section 1.30.050 of the SBMC, the Planning Commission decision on appeal shall be final subject only to judicial review as provided in Section 1.30.020.
Ordinance Committee Agenda Report
Amendment to Single Family Design Board Appeal Process
May 23, 2023
the determination that this project was categorically exempt for further environmental review.
ATTACHMENT(S): 1. Proposed Ordinance Amendments to Single Family Design PREPARED BY:
SUBMITTED BY:
APPROVED BY:
Board Appeal Process
Ellen Kokinda, Design Review Supervisor
Elias Isaacson, Community Development Director
City Administrator’s Office
ATTACHMENT 1
STAFF DRAFT SHOWING CHANGES
FROM CURRENT CODE 05/23/23
1 ORDINANCE NO. _____
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING SECTIONS 22.69.030,
22.69.080, AND 22.69.090 OF THE SANTA BARBARA
MUNICIPAL CODE TO AMEND APPEAL PROCEDURES OF
THE SINGLE FAMILY DESIGN BOARD
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 22.69.030 of Chapter 22.69 of Title 22 of the Santa Barbara Municipal Code is amended to read as follows:
22.69.030 Alternative Design Review by Historic Landmarks Commission.
A project that is otherwise subject to review by the Single Family Design Board in accordance with the requirements of this chapter shall be referred to the Historic Landmarks Commission for review in accordance with the requirements of under Chapter 22.22 of this title Section 30.220.020 of this Code if the project is proposed in any of the following locations:
A. A lot on which a City Landmark or City Structure of Merit is located, B. A property on the City’s Potential Historic Resources List, or C. Any property located within El Pueblo Viejo Landmark District or another landmark district.
ATTACHMENT 1
STAFF DRAFT SHOWING CHANGES
FROM CURRENT CODE 05/23/23
2 This referral toReview by the Historic Landmarks Commission is in lieu of review by the Single Family Design Board under this Chapter. supplemental to any other design review requirements required by Chapter 22.22 due to the status of any building or structure on the lot or the location of the lot within a landmark district. The fact that an application for a building permit, grading permit, or vegetation removal permit is not subject to design review pursuant to this chapter shall not excuse or exempt an application from review pursuant to Chapter 22.22 of this code.
SECTION 2. Section 22.69.080 of Chapter 22.69 of Title 22 of the Santa Barbara Municipal Code is amended to read as follows:
22.69.080 Appeals to Council Planning Commission - Notice and Hearing.
A. PROCEDURE FOR APPEAL. Any action of the Single Family Design Board to approve, conditionally approve, or deny project design approval or project final approval for a project subject to this chapter on an application for preliminary or final approval taken pursuant to this chapter may be appealed to the City Council shall be appealable to the Planning Commission by the applicant or any interested person pursuant to Chapter 1.30 of this Code. under the provisions of Subsection B of Section
30.205.150 of this Code and Subsection B of this Section. In deciding such an appeal, the City Council shall make those findings required of the Board with respect to a determination made pursuant to this chapter. Notwithstanding Sections 30.205.150, Subsection A. 3. and 1.30.050 of this Code, the Planning Commission decision on appeal shall be final subject only to judicial review as provided in Section 1.30.020.
ATTACHMENT 1
STAFF DRAFT SHOWING CHANGES
FROM CURRENT CODE 05/23/23
3 B. NOTICE OF APPEAL. In addition to the procedures specified in Chapter 1.30 nNotice of the public hearing before the City Council Planning Commission on an appeal from a decision of the Single Family Design Board made pursuant to this chapter shall be provided in the same manner as notice was provided for the hearing before the Single Family Design Board.
C. PLANNING COMMISSION DECISION - LIMITS ON NEW EVIDENCE. The City Council Planning Commission will decide the appeal in the exercise of its independent judgment based upon the record of the proceedings of the Single Family Design Board. New evidence will not be considered unless the City Council Planning Commission determines by a majority vote at the hearing on the appeal that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Single Family Design Board.
D. The Planning Commission decision on the appeal shall be based upon findings required by this Chapter and the guidelines adopted pursuant to Subsection M of Section 22.69.020.
SECTION 3. Section 22.69.090 of Chapter 22.69 of Title 22 of the Santa Barbara Municipal Code is amended to read as follows:
ATTACHMENT 1
STAFF DRAFT SHOWING CHANGES
FROM CURRENT CODE 05/23/23
4 A. PROJECT DESIGN APPROVAL.
1. Approval Valid for Three Years. A Project Design Approval issued by the Single Family Design Board or the City Council Planning Commission on appeal shall expire if a building permit for the project is not issued within three years of the final decision approving or conditionally approving granting of the Project Design Approval. by the Single Family Design Board or the City Council on appeal.
2. Extension of Project Design Approval. Upon a written request from the applicant submitted prior to the expiration of the Project Design Approval, the Community Development Director may grant one two-year extension of a Project Design Approval.
B. EXCLUSIONS OF TIME. The time period specified in this Chapter for the validity of a Project Design Approval shall not include any period of time during which either of the following applies:
1. A City moratorium ordinance on the issuance of building permits is in effect; or
2. A lawsuit challenging the validity of the Project’s approval by the City is pending in a court of competent jurisdiction.
Agenda Item No. 1
File Code No. 120.04
Agenda Item No. 2
File Code No. 120.04
03/14/2023 Santa Barbara City Council Minutes Page 1 of 9
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 14, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. and announced that all Councilmembers were participating remotely. (The Finance Committee met at 12:30 p.m.
The Ordinance Committee, which normally meets at 12:30 p.m., did not meet on this day).
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CHANGES TO THE AGENDA
PUBLIC COMMENT
Members of the Public: Jeff Shaffer, Amy Von Protz, Daily Beamon, Wendy Santamaria, Sarah Veeck, Hannah Bangs, Kayla Petersen, Rick Hansen, Chelsea Streel, Stanley Tzankov, Amanda Zavala, Laura Cozzi, Patricia Guerra, Maria Cincotta, Raymond Appleton.
CONSENT CALENDAR (Items 1 – 12)
The titles of the Resolutions and Ordinances were read.
Motion:
Councilmembers Freidman/Harmon to approve the Consent Calendar as recommended.
Agenda Item No. 3
File Code No.
03/14/2023 Santa Barbara City Council Minutes Page 2 of 9 Vote:
Unanimous roll call vote.
1. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the special meetings of January 24, 2023 (10:00 a.m.); January 24, 2023 (11:00 a.m.); January 30, 2023; January 31, 2023; February 6, 2023; February 7, 2023.
Action: Approved the recommendation.
2. Subject: 2022-2025 Fire Management Association Bargaining Unit Memorandum of Understanding and Amendment of Resolution No. 22-064, the Position and Salary Control Resolution for Fiscal Year 2023 [Ordinance Introduction; Resolution] (440.03)
Recommendation: That Council:
A. Ratify the Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara Fire Management Association Bargaining Unit, by introduction and subsequent adoption of, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2022- 2025 Memorandum of Understanding Between the City of Santa Barbara and the Fire Management Association; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-064, the Position and Salary Control Resolution for Fiscal Year 2023, Affecting the Salaries of Certain Classifications in the Fire Manager’s Association effective March 11, 2023.
Action: Approved the recommendations; Proposed Ordinance; Resolution No. 23- 025 (March 14, 2023 Council Agenda Report and any attachments).
3. Subject: Increase in Construction Contract Change Order Authority and Amendment to Construction Management Services Contract for Las Positas and Modoc Roads Multiuse Path Project [Resolution; Agreement] (530.04) Recommendation: That Council:
A. Authorize an increase in the Public Works Director’s Change Order Authority to approve expenditures for extra work for the Las Positas and Modoc Roads Multiuse Path Project with C.A. Rasmussen, Inc., Contract No. 26,722, in the amount of $130,300, for a total contract authority of $13,069,304;
03/14/2023 Santa Barbara City Council Minutes Page 3 of 9 B. Authorize the Public Works Director to execute the Second Amendment to the City Professional Services Contract No. 26,723 with Filippin Engineering, Inc., in the amount of $34,590 for construction management services, for a total contract amount of $1,073,715; and C. 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 Allocate Available Appropriations for the Las Positas and Modoc Roads Multiuse Path Project.
Action: Approved the recommendations; Resolution No. 23-026; Agreement No. 26,723.2 (March 14, 2023 Council Agenda Report and any attachments).
4. Subject: Establishing New Sister City of Miraflores, Peru and Dissolving Association with San Juan, Philippines Sister Cities [Resolution] (130.03) Recommendation: That Council
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Providing for the Establishment of a Sister City Relationship with the City of Miraflores, Peru; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara, California, Dissolving the Sister City Affiliation with San Juan Metro Manila, Philippines.
Speakers: City Administrator Rebecca Bjork, Sister Cities Board Member Margaret Saavedra.
Action: Approved the recommendations; Resolution Nos. 23-027; 23-028 (March 14, 2023 Council Agenda Report and any attachments).
5. Subject: Updating City Council Rules of Procedure [Resolution] (120.02) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting Rules of Procedure Governing the Conduct of City Council Meetings and Rescinding Resolution No. 22-013.
Action: Approved the recommendation; Resolution No. 23-029 (March 14, 2023 Council Agenda Report and any attachments).
6. Subject: Amendment to Increase the On-Call Engineering Services Contract for Pueblo Water Resources, Inc. [Agreement] (540.01)
Recommendation: That Council authorize the Public Works Director to execute a First Amendment to City Professional Services Agreement No. 26,816 with Pueblo 03/14/2023 Santa Barbara City Council Minutes Page 4 of 9 Water Resources, Inc. for on-call engineering services for the Water Resources Division and related projects in the amount of $750,000, for a total not-to-exceed expenditure authority of $1,100,000.
Action: Approved the recommendation; Agreement No. 26,816.1 (March 14, 2023 Council Agenda Report and any attachments).
7. Subject: Amendment to Design Contract with The Cearnal Collective for the Santa Barbara Police Station Project to Include Certified Access Specialist Services [Agreement] (700.08)
Recommendation: That Council authorize the Public Works Director to execute a First Amendment to the City Professional Services Contract Number 28,167 with The Cearnal Collective for an increase in design services in the amount of $12,633 for Certified Access Specialist services related to the Santa Barbara Police Station Project, for a total not-to-exceed dollar amount of $4,576,744.
Action: Approved the recommendation; Agreement No. 28,167.1 (March 14, 2023 Council Agenda Report and any attachments).
8. Subject: Amendment to the Memorandum of Understanding with the Santa Barbara County Association of Governments for the Milpas Street at U.S.
Highway 101 Operational Improvements Project [Agreement] (150.03) Recommendation: That Council authorize the City Administrator to execute the First Amendment to the Memorandum of Understanding, Agreement 26,901, between the City of Santa Barbara and the Santa Barbara County Association of Governments, to extend the term end date to June 30, 2024 for the completion of the design, environmental, and right-of-way phases of the Milpas Street at U.S.
Highway 101 Operational Improvements Project.
Action: Approved the recommendation; Agreement No. 26,901.1 (March 14, 2023 Council Agenda Report and any attachments).
9. Subject: Parking Management Agreement with Republic Parking Systems LLC and Parking Access Revenue Control Systems Replacement with TIBA, LLC [Agreement] (550.08)
Recommendation: That Council find it in the City’s best interest to waive the formal bid procedure as authorized by Municipal Code Section 4.52.070(L), and authorize the Airport Director to execute a three-year professional parking management agreement, with two one-year options, with Republic Parking Systems LLC, for $39,690 annually over the three-year term, with incremental increases if the Airport exercises the additional options, for parking management services, and leasing, installation and maintenance of the parking access revenue control software and equipment (PARCS) at the Airport’s short and long-term parking lots. 03/14/2023 Santa Barbara City Council Minutes Page 5 of 9 Action: Approved the recommendation; Agreement No. 28.265 (March 14, 2023 Council Agenda Report and any attachments).
10. Subject: Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022 (210.01)
Recommendation: That Council accept the Annual Comprehensive Financial Report (ACFR) for Fiscal Year (FY) ended June 30, 2022.
Action: Approved the recommendation.
11. Subject: Approval of Purchase Order to John Bean Technologies (JBT) Jetway Systems to Provide Passenger Boarding Bridge Parts and Equipment (560.04)
Recommendation: That Council find it in the City's best interest to waive the formal bid process, as authorized by Municipal Code Section 4.52.060, and authorize the City General Services Manager to issue a Purchase Order to John Bean Technologies (JBT) Jetway Systems for providing parts and equipment for the passenger boarding bridges at Santa Barbara Airport in an amount of $80,000.
Action: Approved the recommendation.
12. Subject: Authorize the Airport Commission to Prepare a Response to City of Goleta Letter to Santa Barbara City Council Regarding Aircraft Noise Action Plan Request (560.14)
Recommendation: That Council authorize the Airport Commission to prepare response to City of Goleta letter to Santa Barbara City Council regarding aircraft noise action plan request.
Action: Approved the recommendation.
This concluded the Consent Calendar.
REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that the Committee approved the recommendation for full Council approval of the annual financial report.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
03/14/2023 Santa Barbara City Council Minutes Page 6 of 9
PUBLIC WORKS DEPARTMENT
13. Subject: Five-Year Capital Improvement Program for Fiscal Years 2024-2028 (230.01)
Recommendation: That Council accept the Five-Year Capital Improvement Program for Fiscal Years 2024 through 2028.
Documents:
- March 14, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Public Works Director Cliff Maurer; Business Manager Michael Pease; Principal Traffic Engineer Derrick Bailey; Acting Energy and Climate Manager Melissa Hetrick; Supervising Transportation Planner Jessica Grant.
- Members of the Public: Raymond Appleton.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Friedman/Jordan to approve staff recommendation.
Vote:
Unanimous roll call vote.
QUASI-JUDICIAL HEARING RULES APPLY TO THE FOLLOWING AGENDA ITEM
PUBLIC HEARING
14. Subject: Appeal of Planning Commission’s Approval of a Parking Modification at 621 W. Micheltorena Street (640.07)
Recommendation: That Council:
A. Consider the appeal of Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP, on behalf of Auto Fuels, Inc., of the Planning Commission’s Approval of a Parking Modification at 621 W. Micheltorena Street; and the determination that the project is exempt from further environmental review under California Environmental Quality Act Guidelines Section 15332 (In-Fill Development Projects); and
B. Direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal hearing.
03/14/2023 Santa Barbara City Council Minutes Page 7 of 9 Public Hearing opened: 3:22 p.m.
Councilmember O. Gutierrez stated that he was recusing himself from consideration because of his work with the Neighborhood Clinic.
Councilmember O. Gutierrez was excused from the meeting at 3:24 p.m.
Mayor Rowse stated that he met with attorney Carney at an event but they did not discuss the substance of the appeal.
Documents:
- March 14, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared and made by staff.
- PowerPoint presentation prepared and made by appellant.
RECESS
4:22 p.m. – 4:38 p.m.
Speakers:
- Staff: Associate Planner Kelly Brodison, Supervising Transportation Planner Jessica Grant; Assistant City Attorney Tava Ostrenger. - Appellant: Mark Carney; Andrew Hazlitt
- Applicant: Mahdi Ashrafian; Brian Cearnal; Trish Allen; Scott Schell. - Planning Commission: Sheila Lodge
- Members of the public: Raymond Appleton, Chris Lambert, Helene Schneider, Leonard Grabowsi, Charles Fenzi.
Public Hearing closed: 5:20 p.m.
Motion:
Sneddon/Friedman to deny the appeal and direct staff to return to Council with the decision and findings Resolution reflecting the findings, outcome, and Councilmember comments of the appeal as well as including the findings in the Planning Commission Resolution.
Vote:
Unanimous roll call vote (Recused: Councilmember O. Gutierrez) RECESS
5:20 p.m. – 6:00 p.m.
Councilmember O. Gutierrez joined the meeting at 6:00 p.m. 03/14/2023 Santa Barbara City Council Minutes Page 8 of 9
SUSTAINABILITY AND RESILIENCE
15. Subject: Approval of Negotiated Terms and Set Date for a Public Hearing to Consider Award of a New Solid Waste Franchise Agreement with MarBorg Industries (Est. Time 6:00 p.m.) [Resolution] (630.01)
Recommendation: That Council:
A. Approve the negotiated terms and conditions for a new Solid Waste Franchise Agreement with MarBorg Industries; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Setting the Date for a Public Hearing to Consider Award of an Exclusive Franchise to Marborg Industries for Solid Waste Collection Services.
Documents:
- March 14, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Environmental Services Manager Lorraine Cruz-Carpenter. - Consultant: Garth Shultz
- Members of the Public: None.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Friedman/Jordan to approve the staff recommendation.
Resolution No. 23-030.
Vote:
Unanimous roll call vote.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Grace Fisher ribbon cutting; 2. CCWA meeting; 3. Library Board meeting.
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. Ribbon cutting for Grace Fisher all inclusive clubhouse; 2.
Starr-King rummage sale.
03/14/2023 Santa Barbara City Council Minutes Page 9 of 9
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Rowse adjourned the meeting at 6:39 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 23, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
04/25/2023 Santa Barbara City Council Minutes Page 1 of 9
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 25, 2023
COUNCIL CHAMBERS AND MAYOR/COUNCIL OFFICE, CITY HALL735
ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Ordinance Committee met at 12:00 p.m. The Finance Committee, which normally meets at 12:00 p.m., did not meet on this day).
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (2:02 p.m.), Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: Arbor Day (120.04)
Action: Mayor Rowse delivered a proclamation to Kerry Methner, who accepted the proclamation and made a brief statement.
2. Subject: National Library Week (120.04)
Action: Mayor Rowse delivered a proclamation to Margaret Crocco and Jim Jackson, who accepted the proclamation and made a brief statement.
CHANGES TO THE AGENDA
04/25/2023 Santa Barbara City Council Minutes Page 2 of 9 CONSENT CALENDAR (Items 3 – 13)
The titles of the Resolutions and Ordinances were read.
Motion:
Councilmembers Friedman/A. Gutierrez to approve the Consent Calendar as recommended.
Vote:
Unanimous roll call vote.
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).
Action: Approved the recommendation; Ordinance No. 6111; Agreement No. 28,334 (April 25, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendations; Resolution No. 23-046 (April 25, 2023 Council Agenda Report and any attachments).
04/25/2023 Santa Barbara City Council Minutes Page 3 of 9
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.
Action: Approved the recommendations; Resolution No. 23-047 (April 25, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendations; Resolution No. 23-048 (April 25, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendation; Resolution No. 23-049 (April 25, 2023 Council Agenda Report and any attachments).
04/25/2023 Santa Barbara City Council Minutes Page 4 of 9
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.
Action: Approved the recommendations (April 25, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendations; Agreement Nos. 26,820.1; 26,818.1; 26,817.1; 26,813.1; 26,808.1; 26,806.1; 26,805.1 (April 25, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendations; Agreement No. 28,335 (April 25, 2023 Council Agenda Report and any attachments).
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 04/25/2023 Santa Barbara City Council Minutes Page 5 of 9 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.
Action: Approved the recommendations; Agreement Nos. 26,376.2; 28,337 (April 25, 2023 Council Agenda Report and any attachments).
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.
Action: Approved the recommendations (April 25, 2023 Council Agenda Report and any attachments).
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.
Public hearing opened: 2:06 p.m.
04/25/2023 Santa Barbara City Council Minutes Page 6 of 9 Public hearing closed: 2:10 p.m.
Documents:
- April 25, 2023 Council Agenda Report and any attachments.
Public comment opened at 2:06 p.m. – 2:10 p.m.
Action: Approved the recommendation (April 25, 2023 Council Agenda Report and any attachments).
This concluded the Consent Calendar.
PUBLIC COMMENT
Members of the Public: Penny; Joni Goode; Aron Ashland; E. Howard Green.
PULLED CONSENT ITEMS
None.
REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair O. Gutierrez reported that the Committee voted to forward consideration of the ordinance regarding storage of personal property in public areas to the full Council for consideration.
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance or made the following comment(s): 1. PARC Foundation board meeting; 2. Legislative Committee meeting; 3.
Airport Commission meeting; 4. Long Range Development Committee meeting.
Councilmember Sneddon reported on their attendance or made the following comment(s): 1. Water Commission meeting; 2. COMB meeting; 3. Riviera Association meeting; 4. Legislative Committee meeting.
Mayor Rowse reported on their attendance or made the following comment(s): 1.
Attended City Leadership of Santa Barbara County meeting with City Administrator Bjork.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
04/25/2023 Santa Barbara City Council Minutes Page 7 of 9
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.
Documents:
- April 25, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Acting Downtown Team Manager Sarah Clark; Parking Supervisor Meghan Salas; Assistant City Attorney Dan Hentschke.
- Members of the Public: Guido Oppizzi; Bob Stout; Richard Yates; John Nasser; Robin Elander; Miguel Avila; Vittoria Comin; Aron Ashland; Anna Marie Gott.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Sneddon/A. Gutierrez for a $2.00 per square foot charge regardless of the construction of the facility.
Vote:
Majority roll call vote (Noes: Mayor Rowse; Abstain: Councilmember Friedman.)
Motion:
Councilmembers A. Gutierrez/Harmon to adopt the following resolution in full: “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 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 $2.00 per square foot. Section 2. The resolution is effective upon adoption and will be operative for all facilities commencing May 1, 2023.”
Vote:
Majority roll call vote (Noes: Mayor Rowse; Abstain: Councilmember Friedman).
04/25/2023 Santa Barbara City Council Minutes Page 8 of 9 RECESS
3:57 p.m. – 4:12 p.m.
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.
Documents:
- April 25, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: City Attorney Sarah Knecht; City Attorney Investigator William Alva; Assistant City Prosecutor Denny Wei; Assistant City Finance Director Lyndsay Maas.
- Members of the Public: Brent, Andrew Spencer; Lee Heller; Richard Lloyd; Anna Marie Gott.
Mayor Rowse was excused at 5:05 p.m.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmember Sneddon/Harmon to approve the recommended action.
Vote:
Unanimous roll call vote (Absent: Mayor Rowse).
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.
Documents:
- April 25, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared and made by staff.
04/25/2023 Santa Barbara City Council Minutes Page 9 of 9 Public hearing opened: at 5:30 p.m.
No ex parte disclosures were made.
Speakers:
- Staff: Senior Assistant to the City Administrator Barbara Andersen; Assistant City Attorney John Doimas; Police Technician Jocelyn Martinez. - Applicant/Appellant: Ryan Wabnitz
- Members of the Public: None.
Discussion:
- Councilmembers’ questions were answered.
Public hearing closed: at 5:50 p.m.
Motion:
Councilmember Sneddon/O. Gutierrez to uphold the denial of the permit by the Fire and Police Commission because the conviction of assault meets the requirements under SBMC section 5.29.190 in that it is less than three years old and that at least three years’ time should elapse for public safety.
Vote:
Unanimous roll call vote (Absent: Mayor Rowse).
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Pro Tem A. Gutierrez adjourned the meeting at 5:55 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 23, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
05/02/2023 Santa Barbara City Council Minutes Page 1 of 7
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
MAY 2, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Finance Committee met at 12:00 p.m. The Ordinance Committee, which ordinarily meets at 12:00 p.m., did not meet this day.)
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: Fair Housing Month 2023 (120.04)
Action: Proclamation presented by Mayor Rowse and received by Rental Housing Mediation Supervisor Andrea Bifano.
2. Subject: Employee Recognition – Service Award Pins (120.04) Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through May 31, 2023.
Action: City Administrator Bjork read the names of employees who received service award pins for their years of service.
05/02/2023 Santa Barbara City Council Minutes Page 2 of 7
CHANGES TO THE AGENDA
There were no changes to the agenda.
CONSENT CALENDAR (Item Nos. 3 – 5, 7).
The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers Friedman/Sneddon to approve Consent Calendar items 3-5, and 7 as recommended.
Vote:
Unanimous roll call vote.
3. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of February 28, 2023; March 21, 2023; and the special meetings of March 9, 2023; April 10, 2023; April 18, 2023.
Action: Approved the recommendation.
4. Subject: Loan Forgiveness for Transition House Homeless Families Shelter Located at 434 East Ortega Street [Ordinance Introduction; Resolution] (660.04)
Recommendation: That Council:
A. Approve a request from Transition House, a California Nonprofit Public Benefit Corporation, for loan forgiveness on property located at 434 East Ortega Street, which is operating as a family homeless shelter; B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Second Amendment to the Declaration of Covenants, Conditions, and Restrictions Imposed on Real Property Located at 434 East Ortega Street to Restart a New 90-Year Term of Use as a Homeless Families Shelter;
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase in Fiscal Year 2023 Expenditure Appropriations in the Affordable Housing Fund in the amount of $460,000 to Record Forgiveness of Loans Receivable; and
05/02/2023 Santa Barbara City Council Minutes Page 3 of 7 D. Authorize the Community Development Director to execute such documents as necessary to effectuate Amended Covenant and loan forgiveness, subject to approval as to form by the City Attorney.
Action: Approved the recommendations; Proposed Ordinance; Resolution No. 23- 052; (May 2, 2023 Council Agenda Report and any attachments).
5. Subject: Set a Date for Public Hearing Regarding Renewal of Levy for Fiscal Year 2024 for the Wildland Fire Suppression Assessment District [Resolution] (520.03)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring its Intention to Continue the Wildland Fire Suppression Assessment within the Foothill and Extreme Foothill Zones; Declaring the Work to be of More Than General or Ordinary Benefit and Describing the District to be Assessed to Pay the Costs and Expenses Thereof; Preliminarily Approving the Updated Engineer’s Report; Stating Intention to Continue Assessments for Fiscal Year 2024 and Establishing a Time of 2:00 P.M. on Tuesday June 6, 2023, in the City Council Chambers for a Public Hearing on the Wildland Fire Suppression Assessment.
Action: Approved the recommendation; Resolution No. 23-053; (May 2, 2023 Council Agenda Report and any attachments).
7. Subject: Adoption of Program Year 2023–2024 Annual Action Plan for Submittal to the U.S. Department of Housing and Urban Development (HUD) (660.01)
Recommendation: That Council:
A. Adopt the City’s Annual Action Plan for Program Year 2023–2024 for submittal to the U.S. Department of Housing and Urban Development (HUD); and
B. Authorize the City Administrator to sign all necessary documents to submit the City’s Annual Action Plan to HUD.
Action: Approved the recommendations; (May 2, 2023 Council Agenda Report and any attachments).
This concluded the Consent Calendar.
PUBLIC COMMENT
Members of the Public: John Blankenship; Howard Green; Eplanet Thunderstriker; Aron Ashland.
05/02/2023 Santa Barbara City Council Minutes Page 4 of 7
PULLED CONSENT ITEMS
6. Subject: Authorization to Amend the Legal Services with Colantuono, Highsmith & Whatley, PC for Special Counsel Services [Agreement] (160.03) Recommendation: That Council authorize the City Attorney to execute an amended legal services agreement with Colantuono, Highsmith & Whatley, PC, to increase the not-to-exceed amount from $250,000 to $750,000 for special counsel services related to the P. Boring, et al. v. Cathy Murillo, et al. case.
Documents:
- May 2, 2023 Council Agenda Report and any attachments.
Motion:
Councilmembers Friedman/Sneddon to approve the recommended action.
Vote:
Unanimous roll call vote.
REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that the Committee considered the recommended budget for Fiscal Year 2024 on proposed changes to the General Fund fees and staff’s proposed Cost Recovery and Revenue Policy.
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. State of the Zoo; 2. Library Reading Ambassadors program;
3. League of Cities Channel Cities meeting; 4. Earth Day office hours.
Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. State Street interim operations subcommittee with Councilmembers Jordan and Sneddon; 2. Earth Day Festival; 3. UCSB Alumni program.
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. State Street Interim Operations meeting; 2. Joint Housing Meeting with County; 3. Earth Day office hours.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
05/02/2023 Santa Barbara City Council Minutes Page 5 of 7
CITY ADMINISTRATOR
8. Subject: OIR Group Audit of Santa Barbara Police Department Policies, Procedures, and Practices (520.01)
Recommendation: That Council receive a presentation on the findings and recommendations from the OIR Group Audit of Santa Barbara Police Department Policies, Procedures and Practices.
Documents:
- May 2, 2023 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Senior Assistant to the City Administrator Barbara Andersen; Police Chief Kelly Gordon.
- Members of the Public: Eplanet Thunderstriker; Lizzie Rodriguez.
Discussion:
- Councilmembers’ questions were answered.
SUSTAINABILITY AND RESILIENCE
9. Subject: Extension of Bicycle Share Pilot Program (530.04) Recommendation: That Council:
A. Receive an update on the Bicycle Share Pilot Program; and B. Approve a three-year extension of the Bicycle Share Pilot Program.
Documents:
- May 2, 2023 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Mobility Coordinator Sam Furtner: Supervising Transportation Planner Jessica Grant.
- Members of the Public: Larry Bickford; Anna Marie Gott, Heather Deutsch.
Discussion:
- Councilmembers’ questions were answered.
Motion:
Councilmembers Sneddon/Jordan to approve the recommended action. 05/02/2023 Santa Barbara City Council Minutes Page 6 of 7 Vote:
Unanimous roll call vote.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. Earth Day celebrations; 2. Ribbon cutting for piñata business at Casa de la Raza; 3. Latino Business Awards kick-off.
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. VADA art reception; 2. Earth Day Festival.
Mayor Rowse reported on their attendance at the following events or made the following comments: 1. Riviera Ridge third grade field trip to Council Chambers; 2. PAL event; 3.
Attendance at Anaheim event.
PUBLIC COMMENT (IF NECESSARY)
CLOSED SESSIONS
10. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of Section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is City of Santa Barbara v. Cynthia Dee Howard, et al. SBSC Case No. 22CV02058.
Scheduling: Duration 15 mins; anytime
Report: None anticipated
Document:
- May 2, 2023, report from the City Attorney.
Time:
- 4:12 p.m. – 4:18 p.m.
No report made.
05/02/2023 Santa Barbara City Council Minutes Page 7 of 7
ADJOURNMENT
Mayor Rowse adjourned the meeting at 4:18 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 23, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
04/25/2023 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
APRIL 25, 2023
COUNCIL CHAMBERS AND MAYOR/COUNCIL OFFICE, CITY HALL,
735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 1:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, Deputy City Clerk Niko Lopez.
PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA
CLOSED SESSION
1. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is Lucas Signorelli v. Gloria Dominguez Sanchez, et al./Gloria Dominguez Sanchez v. City of Santa Barbara et al., SBSC Case No. 20CV04300.
Scheduling: Duration 15 mins; anytime
04/25/2023 Santa Barbara City Council Minutes Page 2 of 2 Report: None anticipated
Document:
- April 25, 2023, report from the City Attorney.
Time:
- 1:03 a.m. – 1:10 a.m.
No report made.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 1:10 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 23, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
05/03/2023 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
MAY 3, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 8:30 a.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (8:38 a.m.), Oscar Gutierrez, Meagan Harmon (9:06 a.m.), Mike Jordan, Mayor Randy Rowse.
Councilmembers absent: Kristen Sneddon.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA
PUBLIC HEARINGS
1. Subject: Fiscal Year 2024 Recommended Operating and Capital Budget (230.05)
Recommendation: That Council hear a presentation from the Airport Department regarding their Fiscal Year 2024 Recommended Budget.
Documents:
- May 5, 2023 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Airport Director Christopher Hastert; Airport Business Manager Jonathan Abad.
- Members of the Public: None.
05/03/2023 Santa Barbara City Council Minutes Page 2 of 2 Discussion:
- Topics discussed included the organizational chart, position changes, and passenger counts. Councilmembers’ questions were answered.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 9:20 a.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 23, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
05/03/2023 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
MAY 3, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 1:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon (1:02 p.m.), Mike Jordan, Kristen W. Sneddon; Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA
PUBLIC HEARINGS
1. Subject: Fiscal Year 2024 Recommended Operating and Capital Budget (230.05)
Recommendation: That Council hear a presentation from the Police Department and Fire Department regarding their Fiscal Year 2024 Recommended Budget.
Documents:
- May 2, 2023 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Police Chief Kelly Gordon; Business Manager Lori Pedersen; Fire Chief Chris Mailes; Business Manager Amy Van Atta; Fire Operations 05/03/2023 Santa Barbara City Council Minutes Page 2 of 2 Division Chief Brian Federmann; Fire Marshal Ryan DiGiulio; Budget Manager Natalija Glusac; Finance Director Keith DeMartini. - Members of the Public: None.
RECESS
2:23 p.m. – 2:38 p.m.
Discussion:
- Topics discussed include recruitment in the local community, funding, alignment of department resources, the ambulance contract, regional dispatch, a standards of cover study, and a fee study. Councilmembers’ questions were answered.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 4:07 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 23, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
05/05/2023 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
MAY 5, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 1:01 p.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Mike Jordan, Kristen W.
Sneddon, Mayor Randy Rowse.
Councilmembers absent: Alejandra Gutierrez; Meagan Harmon.
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA
PUBLIC HEARINGS
1. Subject: Fiscal Year 2024 Recommended Operating and Capital Budget (230.05)
Recommendation: That Council hear a presentation from the Sustainability & Resilience Department, Waterfront Department, and Library Department regarding their Fiscal Year 2024 Recommended Budget.
Documents:
- May 5, 2023 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Sustainability and Resilience Director Alelia Parenteau; Finance Analyst Diego Martin; Creeks Division Manager Cameron Benson; 05/05/2023 Santa Barbara City Council Minutes Page 2 of 2 Environmental Services Manger Lorraine Cruz Carpenter; Energy and Climate Program Manager Jefferson Litten; Waterfront Director Mike Wiltshire; Waterfront Business Manager Cesar Barrios; Library Director Jessica Cadiente; Library Services Manager Kristina Hernandez; Library Services Manager Molly Wetta.
- Members of the Public: Cecilia Harris; Margaret Crocco; Lauren Trujillo; Barbara Cronin Hershberg; Dena Davis.
Discussion:
- Topics discussed included the City’s culture of sustainability; FY2024 priorities, capital program, proposed slip fee changes; - CORE goals, and fee schedule changes.
- Councilmembers’ questions were answered.
Mayor Rowse announced that he was recusing himself from discission of the slip fee issue, as he holds a slip permit. He was excused from the meeting at 2:46 p.m.
Mayor Rowse returned to the meeting at 2:50 p.m. after the slip fee discussion.
RECESS
3:22 p.m. – 3:31 p.m.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 5:10 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 23, 2023.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
1 ORDINANCE NO. ______
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF SANTA BARBARA 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 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:
Agenda Item No. 4
File Code No. 520.04
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.
H. UNATTENDED. Personal property is unattended when there is no person is present who asserts or claims ownership over the personal property. Indicia of 3 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 path way for persons with disabilities established under federal or state law, including the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336), and California Civil Code Sections 54 and 54.1.
4 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
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.
2. The location from which the personal property will be removed. 6 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.
3. A statement that the personal property was stored in a public area in violation of the specific code section.
7 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 shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety days.
8 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.
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. 1 ORDINANCE NO. _______
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
BARBARA ADOPTING THE 2022-2024 MANAGEMENT
PERFORMANCE AND COMPENSATION PLAN
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. The 2022-2024 Management Performance and Compensation Plan applicable to unrepresented managers, professional attorneys and certain unrepresented safety managers, effective as of July 1, 2022, and attached hereto, and incorporated herein by ref -2024 Management Performance and
Section 2. During the term of the Salary Plan, the City Administrator is hereby authorized to implement the terms of the 2022-2024 Management Salary Plan without further action by the City Council, unless such further Council action is required by state or federal law. This authorization shall include, but not be limited to, the authority to implement employee salary increases and changes to the salary schedule(s) that were adopted with the annual budget.
Agenda Item No. 5
File Code No. 170.01
CITY OF SANTA BARBARA
MANAGEMENT
PERFORMANCE
AND
COMPENSATION
PLAN
(REVISED May 9, 2023)
EXHIBIT A
MANAGEMENT
PERFORMANCE AND COMPENSATION PLAN
TABLE OF CONTENTS
COMPENSATION PLAN ............................................................................... 1
1. BACKGROUND ............................................................................................. 1
2. PARTICIPANTS ............................................................................................. 1
3. COMPENSATION PLAN FUNCTION ........................................................... 2
4. GOALS OF MANAGEMENT COMPENSATION PLAN................................ 2
5. MARKET COMPARISON STRATEGY ........................................................ 2
6. PLAN DESIGN - CONTROL POINT (C/P) PAY SYSTEM ............................ 3
7. SALARY CONTROL POINT ADJUSTMENT PROCESS ............................. 3
8. SALARY RANGE ADJUSTMENT RECOMMENDATIONS .......................... 3
9. PAY FOR PERFORMANCE .......................................................................... 3
10. SPECIAL ASSIGNMENT PAY ...................................................................... 4 PERFORMANCE EVALUATION SYSTEM ................................................... 5
11. GOALS OF EVALUATION SYSTEM ............................................................ 5
12. PERFORMANCE EVALUATION PERIOD.................................................... 5
13. AUTHORITY TO EVALUATE PERFORMANCE .......................................... 5
14. INDIVIDUAL PERFORMANCE GOALS ....................................................... 6
15. CITYWIDE PERFORMANCE OBJECTIVES ................................................ 6
16. RATINGS ....................................................................................................... 7
17. PROMOTIONS AND NEW APPOINTMENTS TO MANAGEMENT ............. 7 BENEFITS ..................................................................................................... 8
18. BENEFIT GROUPS I AND II ......................................................................... 8
19. HEALTH AND WELFARE BENEFITS .......................................................... 8 A. CAFETERIA PLAN CONTRIBUTION ................................................. 8 B. DOMESTIC PARTNERSHIP BENEFITS ............................................ 9 C. EMPLOYEE ASSISTANCE PROGRAM (EAP) ................................ 10 D. LIFE INSURANCE ............................................................................ 10 E. LONG TERM DISABILITY ................................................................ 10 F. SHORT-TERM DISABILITY .............................................................. 10 G. ACCIDENT/CANCER INSURANCE ................................................. 10 H. TAX-QUALIFIED EXPENSE ACCOUNTS ....................................... 10 I. EXECUTIVE CAR ALLOWANCE ..................................................... 10
20. TIME OFF AND LEAVE BENEFITS ............................................................ 10 A. VACATION & SICK LEAVE ADVANCED CREDIT UPON HIRE
.......................................................................................................... 11 B. VACATION ........................................................................................ 11 C. LEGAL HOLIDAYS ........................................................................... 12 D. PERSONAL LEAVE DAYS ............................................................... 13 E. MANAGEMENT LEAVE .................................................................... 13 F. SICK LEAVE ..................................................................................... 14 G. NON-REPLENISHABLE SICK LEAVE ............................................. 14 H. CATASTROPHIC LEAVE See Appendix A ................................... 14 I. LEAVES OF ABSENCE .................................................................... 14
21. RETIREMENT BENEFITS ........................................................................... 15 A. RETIREMENT PLAN (PERS) ........................................................... 15 B. DEFERRED COMPENSATION ........................................................ 16 C. SERVICE CREDIT FOR SICK LEAVE UPON RETIREMENT.........16 D. RETIREE MEDICAL INSURANCE CONTRIBUTION.......................17
22. EDUCATION BENEFITS.............................................................................17 A. LEAP TRAINING PROGRAM ........................................................... 17 B. EDUCATIONAL REIMBURSEMENT PROGRAM ............................ 17 C. See
Appendix B ........................................................................................ 17
23. HOUSING BENEFITS .................................................................................. 18 A. COASTAL HOUSING PARTNERSHIP (CHP) .................................. 18 B. CALPERS MEMBER HOME LOAN PROGRAM .............................. 18 SPECIAL PROVISIONS .............................................................................. 18
24. UNREPRESENTED POLICE SAFETY MANAGEMENT
EMPLOYEES ............................................................................................... 18
25. UNREPRESENTED FIRE SAFETY MANAGEMENT EMPLOYEES ........ 18 APPENDIX A: Catastrophic Leave Policy- Management
APPENDIX B:
APPENDIX C: ICMA CODE OF ETHICS
1 COMPENSATION PLAN
1. BACKGROUND
After considerable evaluation and staff review, and approval by the City Council, a new Management Performance and Compensation Plan was adopted in the 1977-1978 fiscal year.
Through an ongoing series of revisions this plan continues to effectively direct the evaluation and compensation of the City's management employees.
This Management Performance and Compensation Plan emphasizes the need for a high level of performance by managers and provides adequate incentives and rewards for said performance.
This plan recognizes that:
1. Managers are not extended technicians, but rather are individuals with the unique responsibility for analyzing and synthesizing the input of subordinates, peers, and the public in making decisions regarding the allocation of human and financial resources for which they should be held accountable; and
2. A compensation plan for management should not just provide a financial gain for employees, but should also create direct benefits to the City organization and the public it serves.
The overall objective of the plan is to establish regularly utilized, practical, and uniform performance measurements and related compensation procedures.
2. PARTICIPANTS
Management positions, subject to the Management Performance and Compensation Plan, are regular (not hourly) positions designated as Management in the adopted Position and Salary Control Resolution.
Managers in a recognized bargaining unit (Police Management Association, Fire Management Association) are covered by compensation and benefits provisions of the Management Performance and Compensation Plan only to the extent outlined in the applicable labor agreement.
Some provisions of the Management Performance and Compensation Plan are applicable only to Police Safety Management and Fire Safety Management employees, and these are included in the designated section of this document.
Professional Attorneys are defined as the City Attorney, Assistant City Attorney III, Assistant City Attorney II, Assistant City Attorney I, and the Deputy City Attorney. The COLAs and benefits provided under this Compensation Plan apply to professional attorneys as specifically provided in the Professional Attorneys Compensation Plan adopted by the City Council. -2-
Compensation Plan, will be amended, as necessary, to include changes to compensation and benefits.
3. COMPENSATION PLAN FUNCTION
The primary function of the Management Performance and Compensation Plan is to regularly review and assess the City's compensation practices, carefully analyze labor market data and internal salary relationships among the various classes of work and, based on this analysis, assign a salary range to each classification and recommend modifications to the City's approach to compensation, as needed. This provides an integrated salary plan for all of the City's management classifications.
4. GOALS OF MANAGEMENT COMPENSATION PLAN
The main goal of the Management Compensation Plan is to attract and retain quality managers for service with the City of Santa Barbara. The compensation package is designed to deal effectively with the demand of the labor market and to keep up with the cost of living.
Individual City management employees should perceive the plan as recognizing personal performance, being motivational, and being consistently applied City-wide without regard to age, ancestry, color, mental or physical disability including HIV and AIDS, gender identity and expression, marital status, medical condition, national origin, race, religious belief, or sexual orientation. The Management Compensation Plan should be seen as flexible, rewarding exceptional performers, and allowing for the hiring of individual managers above entry level as necessary. The plan should be clearly understood by all City management employees and have participant acceptance.
The City will maintain Manager Classifications fifteen (15) percent above the highest paid subordinate classification salary. For purposes
at the maximum of the range for the classifications. The City shall review Manager Classifications in May of each fiscal year, and provide the Unit with a summary report of this review. If, during the fiscal year, a compaction situation is identified, the Unit shall inform the City, and Human Resources shall review the classification in question. It is the responsibility of the association to maintain and update accurate Manager-to-subordinate reporting relationship information in the City payroll system. The City shall provide a determination within 30 calendar days of notification from the Unit. Implementation of the salary adjustments will be effective the first pay period following Council approval of the mid-year or new fiscal year budget.
In addition, the plan should avoid being overly complex, not be perceived as negative, and should solve salary compaction or compression problems.
5. MARKET COMPARISON STRATEGY
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The City of Santa Barbara's management compensation strategy provides policy guidance relative to the selection of labor market employers, and scope of external market surveys.
In overall terms, the City's comparison labor market should:
Focus on full service coastal and/or urban cities, which are comparable to Santa Barbara with respect to budget, service structure, and service area population.
Include, when necessary, specialized markets for selected jobs; e.g. harbors, airports, utilities and parks and recreation.
Recognize the impact of tourism on service demands.
Recognize agencies located within a defined, competitive recruitment area within the Santa Barbara region, i.e. Ventura County area.
The City's preferred competitive position should be based on total cash compensation and should take into account the cost of living, especially as it relates to housing and difficulties in recruitment and retention of management staff.
6. PLAN DESIGN - CONTROL POINT (C/P) PAY SYSTEM
The design of the pay system is based on the control point pay concept. The control point (the top of the salary range) is the placement of a salary at the City's desired position relative to its labor market for any given position. City policy for managers entering City employment will be to pay within a 20% range of the control point salary. An individual manager's salary movement from salary at hire or promotion to the control point is to be based on merit and determined through the use of the management performance evaluation process.
7. SALARY CONTROL POINT ADJUSTMENT PROCESS
Salary control point adjustments are to be made periodically and may be based on a cost of living adjustment (COLA), external market survey data, anticipated labor market movement, maintaining salary differentials between management classes in a series, and/or maintaining salary differentials between managers and other subordinate classes. The City's ability to pay for adjustments will also be a consideration.
8. SALARY RANGE ADJUSTMENT RECOMMENDATIONS
Adjustments to existing salary ranges will be recommended by the City Administrator to the City Council. Management salary adjustments will be adopted by the City Council and reflected in the .
9. PAY FOR PERFORMANCE
The City's management performance evaluation system will determine a manager's pay for performance. The guidelines and criteria for individual salary adjustments will be as follows:
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COLA (RANGE) INCREASE
Cost-of-Living Adjustments (COLAs) are increases to management salary ranges recommended by the City Administrator. When a COLA increase adjustment is made to the salary range for a management position, management employees in that position who obtained an Overall Rating of Successful or Exceptional Work on their last annual Management Performance Evaluation will receive the same adjustment to their individual salaries. COLAs may be scheduled in advance through adoption of a management salary plan. Approved COLAs are scheduled as follows:
1) Police Captains and Police Lieutenants: Police Lieutenants and Police Captains will receive salary increases as provided in the applicable Police Management Association labor agreement.
2) Fire Battalion Chiefs and the Fire Division Chief-Prevention: will receive salary increases as provided in the applicable Fire Management Association labor agreement.
3) Other managers, including the Fire Chief, Fire Division Chief- Operations, Police Chief and Deputy Police Chief, will receive salary increases as provided by Salary Plan(s) adopted by the City Council by ordinance.
MERIT INCREASE
Eligibility for a merit adjustment is for those individuals who are not already at the Control Point (top of the range) for their position. Merit increases are individual increases, based llowing the managers to work toward the Control Point.
The merit increase
for the evaluation period. The Manager qualifies for a merit increase only if he/she obtains an Overall Rating of Successful or Exceptional Work . The merit increase may be between 0 to 10 %.The exact percentage of merit awarded will be determined by the Evaluator with appropriate approval.
Any merit increase of greater than 5% must first be approved by the City Administrator.
A manager's actual salary may not exceed (unless "Y-rated") the Control Point (top of the salary range). A manager's actual salary may fall below the minimum set for a range if performance is . An employee whose salary falls below the minimum shall not be entitled to receive COLA or merit increases until performance reaches a level which would justify such an increase.
10. SPECIAL ASSIGNMENT PAY
When a Manager is temporarily assigned special duties or a special project, that employee may be eligible for Special Assignment Pay. In these cases, the Management employee may not be working in an "Acting" capacity, where he or she is performing the essential functions and duties -5-
of another management classification, but is given a special assignment or a special project above and beyond what is expected from his/her current job classification.
The City Administrator or his/her designee will determine the special pay rate, if any, ranging from 1% to 20% of the manager's salary. This special pay provision may be provided to the management employee on a temporary basis, reviewed at least annually and is not to exceed two years on the same assignment. The completion of a special pay assignment project may be followed by new special pay assignments.
PERFORMANCE EVALUATION SYSTEM
11. GOALS OF EVALUATION SYSTEM
The key element of this compensation plan is the performance evaluation system. The effectiveness of the system is dependent upon the planning that supports it and may be measured by the quality of actual management performance. The primary purpose of the appraisal program is to motivate each manager to work at his/her fullest capacity. A secondary purpose is to provide a basis for rewarding management personnel in accordance with their individual performance and to identify those managers whose work is not in keeping with appropriate standards.
The City's management evaluation program is designed as a communications process which not only permits, but requires input and feedback from all organization levels in establishing goals, objectives, work responsibilities, and standards of performance measurement. The methods and techniques are intended to be applied uniformly in all departments and divisions. The program is flexible enough to be adaptable to the philosophy, characteristics, and operating methods of various organizational units. This plan establishes an accurate, objective, and reliable method of measuring performance that will benefit the City and develop the individual manager.
12. PERFORMANCE EVALUATION PERIOD
Annual management performance evaluation periods correspond to the July-June fiscal year.
Each manager's performance will be formally reviewed at mid-year and again following the end of the fiscal year, although the manager and evaluator have a continuing responsibility throughout the year to review performance progress.
13. AUTHORITY TO EVALUATE PERFORMANCE
Authority and responsibility for approving management performance goals, completing performance evaluations, and recommending merit increases will be assigned as follows:
o For department heads and City Administrator's staff, the City Administrator has the authority.
o For division managers, the department heads have the authority in consultation with the City Administrator.
o For all other management employees, the division managers have the authority in consultation with the department head.
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14. INDIVIDUAL PERFORMANCE GOALS
At the beginning of each fiscal year a subordinate manager and his or her Evaluator will jointly develop the performance objectives for the subordinate manager in the upcoming fiscal year, including any:
1. P3 Objectives
2. Other Projects / Programs (or stages thereof) for Completion
3. Day to Day Operations Objectives
4. Professional Development Objectives (for Manager and his/her Staff) A measure (qualitative or quantitative) should be provided for each objective. At the end of the fiscal year, each manager's performance will be evaluated based, in part, upon the completion of the outlined responsibilities. The Evaluator will assign a performance rating to each objective.
At times, conditions outside the individual s control will alter the manager's activities.
These adjustments and any correspo individual performance goals should be discussed as they become apparent throughout the evaluation period.
15. CITYWIDE PERFORMANCE OBJECTIVES
evaluated on
performance related to important City-wide objectives and management skills, including but not limited to the following:
A. Section 2: Citywide Objectives: These are programs and interests that have been deemed to be important to the welfare of the whole City, and must be actively supported by all management personnel
o P3 Performance Program Implementation
o Department/City-wide Communication
o Staff Development
o Diversity
o Injury/Illness and Prevention Program
B. Section 3: Management Skills Objectives: The development and effective use of these skills are deemed important for all management personnel o Budgeting / Financial Management
o Policy Development / Implementation
o Public and Community Relations
o Leadership
o Judgment
o Managing / Supporting Employees
o Encourage Creativity and Innovation
o Oral Communication / Presentation Skills
o Written Communication
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The Evaluator will use his/her judgment as to the fit between the specific job skill and the manager and assign a performance rating to each Citywide objective.
16. RATINGS
Each manager will receive an overall rating on his or her evaluation based on his or her performance. The Evaluator may consider factors such as the amount of time the manager has been in the job, the amount of previous or on-the-job training he/she has had, the type and complexity of projects he/she has been assigned, and the pace and complexity of the work environment in developing the overall rating.
The ratings, both for individual performance objectives and for the overall rating, are as follows:
Exceptional Work: Means the Manager
has significantly exceeded expected levels of performance. This rating should be used sparingly to indicate exceptional performance (a breakthrough to a new higher level of accomplishment and/or unexpectedly superior performance on a special or emergency assignment.)
Successful: Means the Manager
contribution to the success of the department and the City, and indicates the achievement of competency in this skill area. The Manager consistently meets, and at times exceeds, expectations and performance standards. Performance is within the expected scope and is indicative of a competent manager. It is expected that managers who are performing both at and above expectations will receive this rating.
Needs Improvement: Means the Manager
period, has been below the expected level of quality or quantity. The Manager needs to take steps to correct identified deficiencies.
Unacceptable: Means that on an overall basis the Manager has, during this review period, performed in a manner significantly below the level to be expected considering the manager vious experience, tenure in the class and the Manager responsibilities, and that it appears to be reasonably certain that the manager is either unwilling or unable to perform successfully.
Not Applicable/ Not Observed: The skill or characteristic does not apply to this position, is new and not yet measurable, or the activity was not under the Manager
17. PROMOTIONS AND NEW APPOINTMENTS TO MANAGEMENT
The process for assimilating newly promoted or appointed managers into the evaluation system is as follows:
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1. The initial performance goals will be developed during the first three (3) months of employment.
2. The beginning date of the evaluation period may be between one (1) and three (3) months from the date of employment as agreed to by the manager and his/her supervisor.
3. All evaluation periods must cover a period of at least three (3), but no more than twelve (12) months with the end of the evaluation being June 30.
4. The manager will be evaluated at the conclusion of each evaluation period (June 30).
5. The beginning salary for a management employee will be negotiated within the salary range for the position.
6. All subsequent changes in salary will be made based upon performance evaluation.
Salary adjustments, except for those hired between April 1 and July 1, will be as follows:
If : COLA + (X/12 x Merit Increase) = %
total salary increase, where X is the number of full months contained in the evaluation period for the last fiscal year.
: COLA only
If : Not eligible for salary increase.
Those not evaluated because they were hired between April 1 and July 1 will receive the amount of the COLA adjustment in order to maintain their relative position in the range.
BENEFITS
18. BENEFIT GROUPS I AND II
All management classifications will be designated as belonging to Benefit Group I or Benefit Group II. This designation will determine the amount/level of benefits that will accrue to each management employee.
Group I: City Administrator, Assistant City Administrator, all Department Heads.
Group II: All other management classifications.
19. HEALTH AND WELFARE BENEFITS
A. CAFETERIA PLAN CONTRIBUTION
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Managers will receive a monthly contribution to the cafeteria plan for the purchase of health and welfare benefits and/or optional cash-out. The dollar value of full family medical and dental will be determined based on the premiums for the least expensive comprehensive plans.
The cafeteria plan amount will be periodically adjusted so that it is equal to no less than:
Group I Managers: Group II Managers:
Effective 1-1-2013 $1718 per month $1676 per month
Information about the benefits available and their cost will be distributed to all management employees at the beginning of each benefit year (i.e. calendar year). The City retains full and complete control over the selection, approval and administration of the City's group insurance program.
The benefits will be subject to the following rules:
1. Benefit selections must be made prior to the beginning of each benefit year.
Employee changes in benefit plan selections, such as adding or deleting coverage and/or dependents, may only be made in accordance with Section 125 of the Internal Revenue Code and City policy.
2. All benefits selected from the cafeteria plan must be paid for in full from the maximum benefit provided except when the maximum is insufficient to cover all insurance coverage selected. In such cases, the premium amount not funded by the City-provided benefit will be paid through an employee deduction applied against the medical premiums.
3. No unexpended dollar amounts associated with selected benefits may be disbursed to a terminating employee.
4. All benefit selections are subject to State and Federal rules, regulations, and laws regarding employee benefits and tax status. No guarantee is made regarding the tax-exempt status of any and all benefits presented or selected.
5. Management employees will be eligible for benefits coverage and the respective Group I or Group II monthly cafeteria plan contribution, on the first day of the month following their hire date.
B. DOMESTIC PARTNERSHIP BENEFITS
The cafeteria plan allowance can be used toward same sex and opposite sex domestic partner dependent coverage under the medical, dental, and vision plans, and any other plan where such coverage is allowed. In order to receive this benefit, domestic partners must be registered with the City Clerk Office and/or the Secretary of State of California, and the employee must provide proof of registration. The affected employee(s) will be responsible for all tax consequences of this benefit.
Additionally, Domestic Partners who are registered with the Secretary of State of California are treated the same as spouses under all City policies related -10-
.
C. EMPLOYEE ASSISTANCE PROGRAM (EAP)
Employee Assistance Program for free
confidential counseling services. This amount will not be counted against the cafeteria plan allowance.
D. LIFE INSURANCE
Life Insurance will be provided equal to an amount of one times annual salary. An equal amount will be provided for accidental death and dismemberment (ADD) coverage. This amount will not be counted against the cafeteria plan allowance.
E. LONG TERM DISABILITY
Each management employee will receive coverage under the City's long term disability insurance program. This amount will not be counted against the cafeteria plan allowance.
F. SHORT-TERM DISABILITY
Managers are eligible to participate in an optional Short-term Disability plan at their own cost.
G. ACCIDENT/CANCER INSURANCE
Managers are eligible to participate in an optional Supplemental Accident and Cancer insurance plan at their own cost.
H. TAX-QUALIFIED EXPENSE ACCOUNTS
The City offers several tax-qualified arrangements to allow managers to set aside money to pay for eligible expenses on a pre-tax basis. These include:
Medical Flexible Spending Account
Dependent Care Account
I. EXECUTIVE CAR ALLOWANCE
Executives are eligible for a monthly car allowance. This allowance is adjusted based upon the IRS mileage rate. Please contact the Finance Department for the current allowance.
J. CELL PHONE ALLOWANCE
Managers are eligible for $50.00 a month cell phone allowance if they are not issued a City paid for Cell Phone.
20. TIME OFF AND LEAVE BENEFITS
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A. VACATION & SICK LEAVE ADVANCED CREDIT UPON HIRE
a. An employee who is appointed from outside City of Santa Barbara government service within one (1) year of leaving employment with either the City of Santa Barbara or another city, county, state agency, federal agency or special district and who, in the opinion of the Human Resources Manager, possesses government experience directly related to the position to which he or she has been appointed, may be offered credit for years of prior service with the City of Santa Barbara and/or his or her immediate previous government employer in the following ways:
i. Vacation Accrual: At the discretion of the Human Resources Manager, the employee may be offered credit for up to the total number of prior full years of service at the City of Santa Barbara and/or his or her immediate previous government employer toward the initial vacation accrual rate. The employee will not be eligible to progress to a higher accrual rate until employee has the normal required minimum amount of City of Santa Barbara service for that accrual rate.
ii. Sick bank: At the discretion of the Human Resources Manager, the employee may be credited with up to 96 hours of sick leave. Thereafter, employee will accrue sick leave at the normal rate.
b. A former City of Santa Barbara employee reemployed within one year under Santa Barbara Municipal Code Section 3.16.320 will automatically qualify for the full vacation accrual credit under (i), above, for his or her prior City of Santa Barbara service. However, under no circumstance will prior accrued vacation balances cashed out to the employee upon termination be reinstated.
B. VACATION
Managers will accrue vacation as follows:
Years of Days
Service Per Year
Group I
0-3 160 hours
4-5 200 hours
6+ 224 hours
Group II
0-2 120 hours
3-5 160 hours
6-7 200 hours
8+ 224 hours
Vacation for management employees will be used within the following parameters:
1. The maximum vacation accrual will be 500 hours.
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2. The maximum vacation accrual may be waived if scheduled vacations are cancelled by the City for emergencies or cancelled by the manager due to the illness, injury, or personal emergency. The manager will submit to the City Administrator, via the Department Head, a memo requesting approval for the accrual beyond the maximum. The City Administrator may establish a deadline by which the manager must reduce the vacation accrual to at or below the maximum, or be subject to the accrual discontinuance provisions outlined in item #3 below.
3. Effective October 22, 2022, A manager whose vacation balances exceed the maximum accrual of 500 hours will not be eligible to accrue further vacation until such time as the manager has reduced his or her accrued leave balances through time off, catastrophic leave donation, or buy-back, to below the maximum accrual.
There is no retroactive grant of vacation compensation for the period of time the vacation compensation was at the cap.
4. In order to qualify for vacation cash-out, an employee must take a minimum of forty (40) hours of accrued leave time (personal leave, management leave, vacation leave, or any combination) during a fiscal year to be eligible to receive cash out of up to hundred (100) hours of vacation time for the same fiscal year. Vacation can only be "cashed out" in 10 hour increments (i.e. 10, 20, 20), and the amount to be cashed out will not exceed the employee's vacation balance at the end of the vacation year. Employees eligible for vacation cash out shall follow the procedures established by the City.
C. LEGAL HOLIDAYS
Paid holidays include:
January 1st (New Year's Day)
3rd Monday in January (M. L. King Jr.'s Birthday)
3rd Monday in February (President's Birthday)
March 31st
Last Monday in May (Memorial Day)
June 19th (Juneteenth)
July 4th (Independence Day)
1st Monday in September (Labor Day)
November 11th
4th Thursday in November (Thanksgiving Day)
4th Friday in November (Day following Thanksgiving)
December 25th (Christmas Day)
Paid holiday time is awarded based on regularly scheduled work day hours per holiday for a fulltime manager (pro-rated for part-time employees). When a holiday falls on a Saturday or Sunday the preceding Friday or following Monday, respectively, will be observed as a legal holiday.
Whenever a holiday occurs on a manager's regularly scheduled day off, the manager is entitled to an additional day off. Such day off shall be taken within sixty (60) calendar days, or shall be compensated at straight pay.
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D. PERSONAL LEAVE DAYS
Managers will be entitled to thirty-two (32) paid personal leave hours (pro-rated for part-time employees) each fiscal year per the following schedule:
On the payroll July 1st 32 hours
Hired between July 2 and October 1 24 hours
Hired between October 2 and Jan 1 16 hours
Hired between Jan 2 and April 1 8 hours
Personal leave days must be taken by the end of each fiscal year or lost. Personal leave will be scheduled on the same basis as vacation. In no case will managers be entitled to cash payment for personal leave days not taken.
E. MANAGEMENT LEAVE
The purpose of management leave is to provide a process for authorizing paid leave time, on a flexible basis, to management employees who are not eligible to receive overtime compensation or compensatory time off. Due to the nature of their positions, managers are required to place greater emphasis on the accomplishment of program objectives, rather than on the actual number of hours worked. Their activities are regulated by fulfilling program responsibilities rather than by scheduled hours. They may be required to periodically or routinely work long or irregular hours, and to attend various meetings and functions to fulfill the responsibilities of their positions.
Eligibility: This management leave policy applies to all regular management employees designated as being exempt from the overtime provisions of the Fair Labor Standards Act, subject to department head, City Attorney, or City Administrator approval, as outlined below.
Award: Each eligible management employee is awarded forty (40) hours of management leave (pro-rated for part-time employees) for the fiscal year as follows:
Managers on the payroll July 1 (inclusive) 40 hours
Managers hired between July 2 and October 1 (inclusive) 30 hours Managers hired between October 2 and January 1 (inclusive) 20 hours Managers hired between January 2 and April 1 (inclusive) 10 hours
A manager on a Leave of Absence without Pay on July 1st will receive the Management Leave hours (prorated) when s/he returns to work.
The department head, City Attorney, or City Administrator may grant additional paid leave to each eligible management employee during the year. The amount of additional paid leave, if any, will be subject to discretion of the department head, City Attorney, or City Administrator.
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Use: Management Leave is scheduled like vacation. The leave provided by this program is not related to hours worked nor subject to accrual, and may not be carried over beyond the end of the fiscal year. Upon resignation or termination, a manager will not be entitled to any payout of management leave.
Approval: Administration of this policy is subject to the discretion and approval of the department head, except for City Attorney or City Administrator appointment positions, which are subject to the discretion and approval of the City Attorney or City Administrator respectively. Final resolution of any disputes arising from this policy will rest with the City Attorney or City Administrator as appropriate.
F. SICK LEAVE
Sick leave allowance will accrue at the rate of 8 hours per month.
G. NON-REPLENISHABLE SICK LEAVE
Management employees are eligible for non-replenishable sick leave. After five (5) years of continuous service, a manager may accumulate additional sick leave at the rate of sixteen (16) hours at full salary for each additional year of continuous service. The maximum accumulation is two hundred and forty (240) hours and is not replenishable. Non-replenishable sick leave hours may only be used after regular sick leave bank is exhausted.
H. CATASTROPHIC LEAVE See Appendix A
The management catastrophic leave policy allows managers to donate vacation time to the applicable leave banks of full-time and part-time employees who are incapacitated due to a catastrophic illness or injury or who must care for a spouse or child who has a catastrophic illness or injury. A catastrophic illness or injury is a severe illness or injury which is unusual, unexpected, and immediate in nature; and which is expected to preclude an employee from returning to work for an extended period of time, during which the employee will exhaust all of his/her accumulated leave balances.
Donated vacation time will be converted and credited to the recipient in equivalent hours of sick leave at the recipient's base hourly rate (e.g. employee A makes $20/hour and donates 1 hour of vacation time to employee B who earns $10/hour. Employee B's applicable leave bank is increased by 2 hours for each hour donated by A).
I. LEAVES OF ABSENCE
Medical Leave: Managers are eligible to request a medical or family leave of absence of up to Leave Policy, the Leave without Pay
(Medical Reasons) Policy, the Maternity Leave Policy, and/or the Parental Leave Policy.
The City Administrator may grant an extra leave of absence, in addition to that provided under the various sick leave policies to a manager who has been continuously employed by the City -15-
for five (5) years or more. When all sick leave has been exhausted, the manager can make a request, in writing, for extra leave and attach a report from his/her medical doctor stating the extent of the illness and the approximate time required for recovery. If approved the request shall be based on the following schedule:
Service in Years (active & continuous): Maximum # of Months of Extra Leave Allowable:
5- 10 3
10-15 6 (including the 3 above)
15-20 9 (including the 6 above)
20 + 12 (including the 9 above)
During such period of extra leave, the manager shall receive an amount equal to 50% of his/her regular salary (MC 3.08.210).
Non-Medical Leave: Managers may also request a personal leave of absence of up to one year for non- -medical reasons)
Policy. A sabbatical may constitute a reason for a leave of absence. An approved leave of absence without pay will not constitute a break in continuous service.
21. RETIREMENT BENEFITS
A. RETIREMENT PLAN (PERS)
Each management employee will be enrolled in the Public Employee's Retirement System (PERS), in either the miscellaneous or safety category as determined by the individual's job classification.
New Members: Effective January 1, 2013, new members as defined by California Public Emp
57 Safety retirement formula or the 2% at 62 Miscellaneous retirement formula, with a final compensation measurement period of the average of the highest three (3) consecutive years, as well as all other statutory requirements of AB 340. Effective July 1, 2013, new employees and/or members as defined by AB 340 shall contribute half the normal cost for benefits, as defined by AB 340; the City will not pay any portion
Classic Members
the City or another qualified employer prior to January 1, 2013 will be covered under the following plans:
1. Police and Fire Safety Managers:
the PERS 3% at age 50 benefit formula, with a final compensation measurement period of the single highest year.
a. Represented Police and Fire Safety Managers contribute toward retirement as -16-
outlined in the applicable labor agreement.
b. Unrepresented Police and Fire Safety managers contribute toward retirement as outlined in the as provided by Salary Plan(s) adopted by the City Council by ordinance.
2. Miscellaneous Managers:
2.7% at age 55 benefit formula, with a final compensation measurement period of the single contribution, if any, is adjusted upward or downward from year to year depending on the Managers also have the option, at their own expense, to receive PERS service credit for any military service time or other service time eligible for service credit purchase under the applicable PERS plan.
B. DEFERRED COMPENSATION
retirement plans, managers may elect to participate in the deferred compensation program to save for retirement. The deferred compensation program is a taxqualified Section 457 government defined contribution retirement program.
C. ANNUITY FOR SICK LEAVE UPON RETIREMENT
At the time of retirement, the City shall calculate the amount of an annuity for the retiring manager similar to the PERS amendment that provides service credit for sick leave. Note: This provision does not apply to Fire Safety Managers since credit for sick leave is included in their PERS contract, nor to Police Management Association (PMA) members, who are covered under the provisions of their labor agreement.
1) The following conditions apply to this benefit:
a. In order to qualify for payout of sick leave upon retirement, the retirement eligible manager must have at least five (5) years of service and at least 300 sick leave hours;
b. The conversion rate of 0.004 years of service credit for each day of sick leave is utilized;
2) Safety group members who obtain 90% of final compensation upon retirement are not eligible for this benefit. (All safety group PERS contract evaluations limit a safety member's maximum annual pension to no more than 90% of final compensation regardless of the length of service and this benefit carries the same restriction); and 3) If the City amends its PERS Miscellaneous or Police contract evaluation to include service credit for sick leave upon retirement, non-safety or Police members, respectively, will be included in that PERS contract amendment and the annuity program will be discontinued for that group.
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4) The retiring manager will be paid out in a lump sum amount based upon the value of the sick leave annuity.
This provision is not intended to provide a benefit when a similar benefit would not be available from PERS under the service credit for sick leave contract amendment.
D. RETIREE MEDICAL INSURANCE CONTRIBUTION
1. This provision is applicable to managers who retire from City service and a. Have 10 or more years of classified or unclassified service; or b. Retire from the City with an industrial disability retirement.
2. The City will contribute $12.00 per month, per year of service, toward the purchase of retiree medical insurance, up to a maximum of 35 years (i.e. $420.00 per month).
3. The retiree is not limited to the purchase of a City sponsored plan, provided however, that if the retiree purchases another insurance plan, the retiree must supply the City with adequate proof of insurance coverage prior to any contribution from the City. Proof of such coverage will be provided to the City on a periodic basis, as reasonably determined by the City.
4. The City will continue to make its contribution until the retiree reaches age 65 or dies, whichever occurs first, provided however, that if the retiree dies before reaching the age of 65 and there is a surviving spouse or registered domestic partner, the City's contribution will cease when the retiree would have reached 65. Thereafter, the spouse may remain on the insurance plan, at his/her cost, subject to the conditions set forth by the insurance company.
22. EDUCATION BENEFITS
A. LEAP TRAINING PROGRAM
The City is committed to providing quality in-house training to managers through the Learning for Excellence and Achievement Program (LEAP).
B. EDUCATIONAL REIMBURSEMENT PROGRAM
(Note: Due to financial conditions, this program was suspended effective July 1, 2009.
The program is scheduled to be reinstated in July 2014.) Managers are eligible for up to $1,000 per year in educational reimbursement through the Citywide Educational Reimbursement Policy.
C. See Appendix B
(Note: Due to financial conditions, this program was suspended effective July 1, 2009 and remains suspended)
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The City ited
institution, as detailed under Program.
23. HOUSING BENEFITS
A. COASTAL HOUSING PARTNERSHIP (CHP)
The City is a member employer of this organization which assists regular employees in becoming homeowners in the local community by providing financial assistance and educational services.
The package provides financial-assistance programs addressing common obstacles to purchasing a home, such as the down payment and closing costs. Refinancing for homeowners, and other housing programs are also available.
B. CALPERS MEMBER HOME LOAN PROGRAM
PERS offers its members a variety of options for purchasing or refinancing a home.
SPECIAL PROVISIONS
24. UNREPRESENTED POLICE SAFETY MANAGEMENT EMPLOYEES
Uniform Allowance
The Deputy Police Chief and Police Chief will receive a uniform allowance equal to the amount established for a Police Officer under the Police Unit M.O.U. in effect at the time.
P.O.S.T.
The Deputy Police Chief and Police Chief will receive advanced Police Officers Standards and Training (POST) pay equal to the amount established for a Police Sergeant.
25. UNREPRESENTED FIRE SAFETY MANAGEMENT EMPLOYEES
Uniform
The Fire Chief and the Fire Division Chief- Operations will receive an annual uniform allowance equal to the amount established for a Firefighter per the Fire Unit M.O.U. in effect at the time.
Emergency Overtime:
o Overtime will be accrued or paid to Fire Chief and the Fire Division Chief-Operations at straight time only when assigned to emergency suppression or prevention duties. o Overtime will not be accrued for performing administrative duties. o Overtime may be accrued in a bank of hours not to exceed 48 hours.
26. MUTUAL AID ASSIGNMENTS
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APPENDIX A
CATASTROPHIC LEAVE POLICY- MANAGEMENT
I. PURPOSE: To establish a program whereby City employees can donate vacation and/or compensatory time, if applicable, to:
A. The sick leave banks of permanent full-time and permanent part-time employees who are incapacitated due to a catastrophic illness or injury; or B. The vacation leave banks of permanent full-time and permanent part-time employees who are caring for a spouse or child who has a catastrophic illness or injury.
II. DEFINITION: A catastrophic illness or injury is a severe illness or injury which is unusual, unexpected, or immediate in nature; and which is expected to preclude an employee from returning to work for an extended period of time, during which the employee will exhaust all of his/her applicable accumulated leave balances.
III. POLICY: City employees may donate vacation and/or compensatory time, if applicable, to a permanent full-time or permanent part-time employee if:
A. An employee experiences a catastrophic illness or injury or must care for a spouse or child who has a catastrophic illness or injury which requires the employee to be absent from work for an extended period of time;
B. The employee has nearly exhausted all applicable leave balances (sick, vacation, -duty
catastrophic illness or injury; vacation, personal leave and compensatory time due to caring for a spouse or child who has experienced a catastrophic illness or injury); and
C. The employee or if incapacitated, the legally recognized representative, has agreed to accept the donation if approved by the department head and the City Administrator.
D. The department head will take action to help ensure that each employee's decision to donate or not donate to a Personal Catastrophic Leave Account is kept confidential and that the donor and recipient employees are not pressured to participate.
E. State and Federal income tax on the value of vacation and/or compensatory time, if applicable, donated will be deducted from the recipient employee's pay at the time the hours are used.
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IV. PROCEDURES:
A. A request is made by the recipient employee or if incapacitated, the legally recognized representative, to the department head for the establishment of a Personal Catastrophic Leave Account. This request may be made prior to the employee exhausting all of his/her applicable paid leave balances so that time donated may be utilized immediately upon exhaustion of the employee's leave balances, but not before.
B. Upon approval of the department head and the City Administrator, and upon agreement of the recipient employee, a Personal Catastrophic Leave Account will be established. The employee or if incapacitated, the legally recognized representative, will sign the "Request to Receive Donation(s)" form allowing publication and distribution of information regarding his/her situation.
C. The employee or if incapacitated, the legally recognized representative, will be required to provide verification of the catastrophic illness or injury from an attending physician before and while using time donated under this program. All information provided by the attending physician will remain confidential.
D. The request for donations will occur in three month intervals and may be extended up to a maximum of twelve (12) continuous months for any one catastrophic illness/injury, based upon approval of the department head and City Administrator.
E. Donated vacation and/or compensatory time will be converted and credited to the hourly rate. (e.g., employee A makes $20/hour and donates 1 hour of vacation time to employee B who earns $10/hour. B's applicable leave bank is increased by 2 hours for each hour donated by A.)
F. Employees will use the "Donation of Vacation and/or Compensatory Time" form to submit donations of vacation and/or compensatory time, if applicable, directly to Human Resources. All donations will be reviewed for compliance with this policy.
After review, the form will be forwarded to Payroll for action and adjustment to the donor's and recipient's paid leave balances.
G. All donations of vacation and/or compensatory time, if applicable, will be in increments of 4 hours or more (e.g. 4, 8, 12 hours) and will be made in three month increments. An employee may not donate vacation or compensatory time, if applicable, which would reduce his or her total accrued combined balance of vacation, compensatory time, personal leave and sick leave to less than 120 hours after the donation.
H. The donation of vacation and/or compensatory time, if applicable, is irreversible.
Should the recipient employee not use all the donated time for the catastrophic illness or injury, any balance will revert to a City-wide "Catastrophic Leave Bank" for -22-
future use by employees with need for that donated time pursuant to the provisions of this Catastrophic Leave Policy.
I. A report on the usage of Personal Catastrophic Leave Accounts and status of the City-wide "Catastrophic Leave Bank" will be available to recognized labor organizations and others with a need to know. The report will include the identity of the recipient(s), hours donated, hours used and the remaining balance(s).
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APPENDIX A
CITY OF SANTA BARBARA
CATASTROPHIC LEAVE POLICY - MANAGEMENT
(Attachment A)
REQUEST TO RECEIVE DONATION(S)
This form is for those City employees who are incapacitated due to a catastrophic illness or injury and wish to benefit from a City-established employee-donated Catastrophic Leave Bank. To be eligible to participate in the program, it is foreseen that an employee will use all of his/her accumulated leave balances because of a catastrophic illness or injury; however, any hours donated may not be utilized until the employee's leave balances are actually exhausted.
The purpose of this form is not to be intrusive into the personal life of any employee. The goal is to obtain enough information so that the decision to establish a Catastrophic Leave Bank for any given employee will be based on appropriate considerations. The intent is to establish a Catastrophic Leave Bank for those employees truly in need.
Name: Date:
Job Title: Department:
Please describe why you are requesting use of the Catastrophic Leave Bank including specific information such as the nature of the catastrophe. (A doctor's Certificate of Disability and/or more pertinent information will be required by the City.)
How much donated time do you estimate you may need?
I agree to allow this information to be released to those employees wishing to donate their vacation time to me, as well as those people involved in the administration of the program.
Signed by the Requesting Employee or if incapacitated, the Legally Recognized Representative _________________________________________Date________________________
Signed by the Department Head _________________Date _____________________ Signed by the City Administrator __________________Date _____________________
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APPENDIX A
CITY OF SANTA BARBARA
CATASTROPHIC LEAVE POLICY - MANAGEMENT
(Attachment B)
DONATION OF VACATION TIME
CONFIDENTIAL
TO: Human Resources
FROM:
(Employee Name and Department)
DATE:
I understand that this donation of my vacation time is irrevocable. Should the employee receiving the donation not use all of the donated time for the catastrophic illness or injury, the balance will remain with the Catastrophic Leave Bank for future use by other employees with need for the donated time.
I understand that I may only donate vacation time and that time may only be donated in increments of four hours or more.
I understand that I cannot donate vacation time which would reduce my total accumulated vacation, personal leave, and sick leave to less than 120 hours after my donation.
I have read and understand all of the above and I freely and without restraint elect to donate ____ vacation hours to a Catastrophic Leave Bank established for the benefit of ___________________________.
(employee's name)
NAME: ________________________________________________
(Please Print)
SIGNATURE: ___________________________________________
DATE: ________________________________________________
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APPENDIX B
CITY OF SANTA BARBARA
REIMBURSEMENT PROGRAM
PROGRAM CURRENTLY SUSPENDED
7/1/05
1. Objective
The City of Santa Barbara believes that continuing formal education has a positive impact on a contribution to the City; therefore, the City supports self-development and educational efforts of its managers by providing reimbursements for many of the expenses associated with City Administrator.
2. Determining Program Eligibility (Note: this program suspended effective July 1, 2009) Effective July 1, 2005 a regular management employee is eligible for this program after successfully completing one-year of employment.
A participating manager will complete and submit a Reimbursement Application to their Department Head for approval prior to starting the program. The application will include Upon approval from the Department Head, the Application will be sent to the Human Resources Office for final approval. The Human Resources Manager or designee has sole approval of courses to reimburse.
Dependin absence on department operations and
workload, the Department Head may allow the manager to rearrange work schedules or use accrued vacation, personal leave, or holiday (Police only) time to help accommodate coursework during off-duty hours.
t Program are also eligible to receive
the annual $1,000 from the Education Reimbursement Program for books related to their -
Reimbursement Program.
3. Eligible Expenses
The Program will reimburse the expenses of tuition, required textbooks, registration, program All other expenses such as
parking, hotel accommodations, and travel expenses are not eligible for reimbursement. -26-
4. Program Budget
Funding for the program is limited to the total amount designated by the City Administrator.
Program fund administered by Human Resources.
5. Reimbursement Amount
The City will reimburse up to a maximum of $9,000 in Public or Business Administration. This amount is based on the cost of
at Cal-State Northridge (non-cohort model). This amount will be contingent on the total funding available for reimbursements. These funds will be increased in the future as necessary as the non-cohort tuition at Cal-State Northridge increases.
City reimbursement will be reduced by any other financial aid that does not have to be repaid (such as the GI Bill, scholarships and grants).
6. Course Approval Reimbursement Process
A participating employee will complete and submit a Reimbursement Application to their Department Head for approval. Before the course starts and after the Department Head has approved the Application, the Application will be sent to the Human Resources Office for final approval and confirmation that funds are available. The Human Resources Manager or designee has sole approval of courses to reimburse.
Note:
Reimbursement Program, managers who have received prior approval, through the Educational Reimbursement Program, for a current in- -related course in Public or Business Administration will be switched to and covered by this new program. These managers will need to complete the Application related to approval of the degree program.
7. Reimbursement Following Completion of a Course
To be eligible for Reimbursement, the manager must complete approved courses in a
Following the completion of the course, the manager will submit receipts and proof of a completed course with a satisfactory grade to his or her Department Head within 90 days of the approved course completion date. Valid receipts are original receipts from a school or organization approved by the department. The Department Head will send the appropriate form, claim and receipts to the Finance Department.
The manager will be required to recomplete the following work commitment:
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o If the manager leaves City employment within 12 months or less of completion of the degree they will be required to pay back 100% of the costs;
o If a manager leaves between 13 months to 24 months of completion of the degree they will be required to pay back 75% of the costs; and
o If they leave between 25 and 36 months of completion of the degree they will be required to pay back 25% of the cost.
To be reimbursed for must be a current employee of the City.
6. Taxation
Reimbursements provided by this program may be subject to state and federal income taxes.
More information regarding taxation of these reimbursements should be obtained from a licensed tax professional.
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APPENDIX B
CITY OF SANTA BARBARA
(Attachment A)
PROMISSORY NOTE
(UNSECURED)
$ XX,XXX Santa Barbara, California
_______________, 200_
FOR VALUE RECEIVED, and in connection with a City of Santa Barbara Reimbursement Agreement dated _____________, the undersigned, (Employee Name), older, [or its
order] at City Hall, [De La Guerra Plaza] 735 Anacapa Street, Santa Barbara, California 93101 [or at such other place as the holder may from time to time designate by written notice to Makers], the principal sum of ____________________ Dollars [$XX,XXX,] without interest from this date, ).
Unless due earlier by reason of the exercise by the Holder of any remedies on default as set forth below, the principal sum set forth above shall be due and payable in the manner and at the times set forth in the Agreement dated, _____________________between the Maker and the Holder.
Maker agree to pay
or a subsequent holder of this note, or as may be adjudged by a Court: 1.) reasonable costs of tion with the
collection or enforcement of this note, whether nor not suit is filed; and 2.) costs of suit and such any part of it.
This Promissory Note is unsecured and Maker is personally liable for any deficiency on this Note.
City may pursue any remedies legally available to it to enforce the provisions of this Note and Agreement to which this Note relates.
The Maker, for him/herself and his/her successors and assigns, waives demand, presentment for payment, notice of dishonor, protest, notice of protest and diligence in collection and all notices or demands whatsoever with respect to this Note and the indebtedness evidenced hereby may be extended from time to time by the Holder and assents to any substitution, exchange or release of collateral permitted by the Holder, all without in any way modifying, altering, releasing, affecting or limiting the liability of the Maker under this Note. No failure of acceptance of a past due payment, or indulgences granted from time to time shall be construed (1) as a notation of this Note, (2) as a reinstatement of the indebtedness evidenced by this Note, (3) as a waiver of such right of acceleration or of the right of the Holder to insist upon strict compliance with the terms of this Note, -29-
or (4) to prevent the exercise of such right of acceleration or any other right granted under this Note or by any applicable law. No extension of time for the payment of this Note, made by agreement with any person now or hereafter liable for the payment of this Note, shall operate to release, discharge, modify, change or affect the original liability of the Maker under this Note, either in whole or in part, unless the Holder agrees otherwise in writing.
This Note is the Note referred to in and is entitled to the benefits of the Agreement. All the duties, responsibilities and obligations of the Maker and the rights of the Payee under the City of Santa Agreement shall continue until the principal amount
and any other sums due hereunder have been paid in full or as set forth in the Agreement. All rights, benefits and the terms of the City of Santa Barba Agreement shall inure to the benefit of any Holder. Any default under the City of Santa Barbara Agreement shall be an event of default hereunder.
The Maker hereby waives and renounces for him/herself and his/her successors and assignees, all rights to the benefits of any moratorium, reinstatement, marshalling, forbearance, valuation, stay, extension, redemption, appraisement, exemption and homestead now provided, or which may hereafter be provided by the Constitution and laws of the United States of America or of any state thereof, both as to herself and to all of her property, real and personal, against the enforcement and collection of the obligations evidenced by this Note.
Time is of the essence hereunder. The failure or forbearance of the Holder to execute any rights under this Note or under any documents executed in connection with this Note shall not affect or release the liability of any obligor, including guarantors or sureties, or against property securing this Note without enforcing any other rights or remedies against any other obligor, including guarantors or sureties or against property securing this Note. The Maker agrees to pay all costs of collection, including reasonable attorneys' fees.
This Note may not be changed orally, but only in writing, signed by the party against whom enforcement of any waiver, change modification or discharge is sought.
Any notice required or permitted under this Note shall be given to the Maker or the Holder at the address set forth above (or at such other address as such party shall designated to the other party or parties in writing).
If any of the provisions of this Note shall contravene or be invalid or unenforceable under the laws of any jurisdiction where it is in effect, such contravention, invalidity or unenforceability shall not invalidate this entire Note, and this Note shall be construed as if it did not contain the particular provision or provisions held to be illegal, invalid or unenforceable, and all the rights of the Holder and obligations of the Maker shall be construed and enforced accordingly; always provided, however, that such invalid provision or provisions do not go to the essence of this Note so that is or their invalidity relieves the Maker from the obligation of rendering substantial performance under this Note.
This Note shall be construed and enforced in accordance with the laws of the State of California, without regard to the conflict of laws provisions of such State. -30-
As used in this Note, the terms "Maker" and "Holder" shall be deemed to include her respective heirs, successors, legal representatives and assigns, whether by voluntary action of the parties or by operation of law.
IN WITNESS WHEREOF, the Maker has executed this Note as of the ___________________________.
[Name of Maker]
____________________________
Signature of Maker
Sworn to and subscribed before me this _____day of_________, 20__.
NOTARY PUBLIC
My Commission Expires:
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APPENDIX C
ICMA CODE OF ETHICS
The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:
1. We believe professional management is essential to efficient and democratic local government by elected officials.
2. Affirm the dignity and worth of local government services and maintain a deep sense of social responsibility as a trusted public servant.
3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.
4. Serve the best interests of the people.
5. Submit policy proposals to elected officials; provide them with facts, and technical and professional advice about policy options; and collaborate with them in setting goals for the community and organization.
6. Recognize that elected representatives are accountable to their community for the decisions they make; members are responsible for implementing those decisions.
7. Refrain from all political activities which undermine public confidence in professional administrators.
Refrain from participation in the election of the members of the employing legislative body. associates in the use of management techniques.
9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.
10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice.
decisions pertaining to appointments, pay adjustments, promotions, and discipline.
12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
Adopted by the ICMA Executive Board in 1924, and most recently revised by the membership in June 2020.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
SUBJECT: Amendment to the Restriction of Oversized Vehicles [Ordinance Introduction]
RECOMMENDATION:
That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Section 10.44.220 of the Santa Barbara Municipal Code Pertaining to the Restriction of Oversized Vehicle Parking on City Streets.
DISCUSSION:
The City’s Oversized Vehicle Ordinance (“Ordinance”), codified in Section 10.44.220 of the Municipal Code, was enacted in 2017. The Ordinance restricts oversized vehicles from being left or parked on streets within the City of Santa Barbara. The Ordinance applies to vehicles defined as “Oversized,” which equates to exceeding 25 feet in length, or 80 inches in width, or 82 inches in height, exclusive of such projecting lights or devices that are expressly allowed under the California Vehicle Code.
The basis for the restriction on oversized vehicles is due to their sheer size, which obstructs visual access to streets, traffic control signs and signals, other vehicles, pedestrians, bicycles and sidewalks. The visual obstructions constitute a threat to public health, safety and general welfare. The impacts that oversize vehicles have in Santa Barbara are magnified due to the fact that the City’s street grid was established in the 18th and 19th centuries at a time before modern oversized vehicles could have been contemplated on narrow city streets.
The City has been sued several times, both in state and federal court, concerning this Ordinance. There is a current case in Santa Barbara Superior Court, Committee for Social Justice, et al., v. City of Santa Barbara, et al. challenging the Ordinance. One of the main issues surrounding these cases is that various Plaintiffs have alleged that the Ordinance is unconstitutional as applied to unhoused individuals. However, the City Attorney’s Office disagrees with that legal position as the Ordinance does not target a suspect classification Agenda Item No. 6
File Code No. 530.04
Council Agenda Report
Amendment to the Restriction of Oversized Vehicles [Ordinance Introduction] May 23, 2023
or curtail a fundamental right as it is applicable to all drivers of oversized vehicles and rationally related to the valid public safety interest, which is mentioned above.
In recognition that there are unhoused individuals living in their vehicles, the City provides funding to the non-profit corporation, New Beginnings, which operates a Safe Parking Program to provide people with a secure place to park while they are working towards permanent housing. Part of that funding goes to the monitoring of daytime parking spaces for Safe Parking Program participants living in oversized vehicles.
The City Attorney’s Office is proposing an amendment to the Ordinance not only to settle the Committee for Social Justice case but also to address some of the concerns raised by the attorneys representing homeless individuals, while still maintaining the Ordinance due to public safety.
The following is a description of the proposed amendment to the Oversize Vehicle Ordinance (Chapter 10.44.220):
Amend Santa Barbara Municipal Code (SBMC) Section 10.44.220 (B) to include a requirement for a 2-hour warning before a citation is issued for a violation. After a warning is given, the vehicle must be moved at least 1000 lineal feet to avoid a citation. In addition, a three-day grace period will be provided after the first overall warning for a violation in order to provide time for the vehicle owner to be admitted into the Safe Parking Program. All warnings will be accompanied by information on the New Beginnings Safe Parking Program to alert individuals of the availability of safe overnight parking. By issuing warnings and information first, the City is providing all individuals with sufficient information to understand both the City’s restrictions and its resources.
Amend SBMC Section 10.44.220 (D) to eliminate the need for a City disability parking permit to park in a designated blue zone. Individuals with a DMV handicap placard or license plate may park their oversize vehicle in a blue zone unless an oversize vehicle impairs ADA access or creates a significant visual obstruction at a particular blue zone parking spot.
Amend SBMC 10.44.220 (E) to include receiving services or medical treatment as another basis to obtain a Temporary Oversized Vehicle Permit. Currently the Ordinance allows for temporary business and visitor parking permits, which cannot be for more than 10 days within any consecutive 90 calendar day period. There will be no fee charged for a permit issued for receiving services or medical treatment.
PREPARED BY: Sarah Knecht, City Attorney
John Doimas, Assistant City Attorney
SUBMITTED BY: Sarah Knecht, City Attorney
APPROVED BY: City Administrator’s Office
COUNCIL INTRODUCTION DRAFT 05/23/23
1 ORDINANCE NO.___
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING SECTION 10.44.220 OF
THE SANTA BARBARA MUNICIPAL CODE PERTAINING
TO THE RESTRICTION OF OVERSIZED VEHICLE
PARKING ON CITY STREETS
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 10.44.220 of Chapter 10.44 of Title 10 of the Santa Barbara Municipal Code is amended to read as follows:
10.44.220 Restriction of Oversized Vehicle Parking.
A. DEFINITIONS. The following words and phrases shall have the meaning set forth in this Subsection:
1. “Bus” shall mean a bus as defined in California Vehicle Code Section 233; a school bus as defined in California Vehicle Code Section 545; a transit bus as defined in California Vehicle Code Section 642; a bus regulated by the Department of Motor Vehicles pursuant to California Vehicle Code Section 34500(b); a tour bus regulated by the Department of Motor Vehicles pursuant to California Vehicle Code Section 34500.1 or, a bus of a charter-party carrier with a valid permit issued pursuant to California Public Utilities Code Section 5375.
2. “Oversized vehicle” means any vehicle, as that word is defined in California Vehicle Code Section 670, or a combination of connected vehicles (including but not limited to trailers as defined in California Vehicle Code Section 630), which exceeds 25 feet in length, or 80 inches in width, or 82 inches in height, exclusive of such projecting lights or devices as are expressly allowed pursuant to the California Vehicle COUNCIL INTRODUCTION DRAFT 05/23/23
2 Code as it now exists or hereafter may be amended. Oversized vehicle shall not mean or include a pickup truck which is less than 25 feet in length and 82 inches in height.
B. RESTRICTION ON OVERSIZED VEHICLE PARKING. No person shall park or leave standing any oversized vehicle on any streets or portions of streets in areas where the Public Works Director has caused signs or markings giving adequate notice of the restriction to be placed, except as provided in subsection C below.
1. WARNING REQUIRED. A two-hour warning must be provided before a citation is issued for a violation of this Chapter. After a warning is issued, the oversized vehicle must move at least 1000 lineal feet within that two-hour warning period to abate the violation. Information will be provided to the individual regarding the New Beginnings Safe Parking Program.
2. FIRST OVERALL WARNING. After the first ever issued warning for a violation of this Chapter, three days will be given before any subsequent warnings or citations to provide time for the vehicle owner to be admitted into the New Beginnings Safe Parking Program.
C. EXCEPTIONS. Subsection B above shall not apply to:
1. Any oversized commercial vehicle actively engaged in the loading or unloading of materials, supplies or goods, in the delivery of goods, wares, merchandise, or other materials at an adjacent business or residence for no longer than 30 minutes;
2. Any inoperable oversized vehicle upon which a person is actively engaged in making emergency repairs, as authorized by Section 10.44.040, for no longer than four hours;
COUNCIL INTRODUCTION DRAFT 05/23/23
3 3. Any vehicle belonging to or under contract with federal, state, or local government authorities, or a public utility, and any emergency vehicles as defined by California Vehicle Code Section 165;
4. Any bus for no longer than two hours, and any bus in an area specifically posted to allow bus parking for a prescribed time;
5. Any oversized vehicle properly displaying both a valid distinguishing disabled placard or license plate issued pursuant to the California Vehicle Code and a valid oversized vehicle disability parking permit issued pursuant to subsection D of this section; or
6. Any oversized vehicle that has been issued and is displaying a temporary oversized vehicle parking permit issued pursuant to subsection E of this section.
7. Any oversized commercial vehicle that has been issued and is displaying a contractors oversized vehicle parking permit issued pursuant to subsection F of this section.
D. OVERSIZED VEHICLE DISABILITY PARKING PERMITS. Any person that possesses a distinguishing disabled placard or license plate properly issued pursuant to the California Vehicle Code may park in any Blue Zone within the City, unless that parking location has been designated by the City’s Traffic Engineer that parking an oversize vehicle at a particular Blue Zone creates or exacerbates a dangerous traffic safety condition. A sign must be erected at any Blue Zone notifying this prohibition. A person may obtain an oversized vehicle disability parking permit for a specific oversized vehicle COUNCIL INTRODUCTION DRAFT 05/23/23
4 to be parked at a specific location or locations separate from any Blue Zone if he or she demonstrates in writing to the satisfaction of the Public Works Director or his or her designee, on an application form prepared by the Public Works Director and upon payment of a fee prescribed by resolution of the City Council, that they meet each of the following conditions:
1. The person owns or lawfully possesses an oversized vehicle;
2. The person is a permanent city resident as determined under the law of California;
3. The person possesses a distinguishing disabled placard or license plate properly issued pursuant to the California Vehicle Code;
4. The proposed parking location is necessary to provide access to a specific fixed residential address sited with a lawful dwelling unit at which the person resides or to a specific facility or facilities at which the person is employed or receives services;
5. The proposed parking location does not create or exacerbate a dangerous traffic safety condition;
6. The person demonstrates that by reason of the disability which warranted issuance of their California distinguishing placard or license plate, the oversized vehicle is specially equipped and necessary to accommodate the disability of the person seeking the permit so that a reasonable modification to the City’s on-street parking regulations is warranted under state and federal law.
COUNCIL INTRODUCTION DRAFT 05/23/23
5 Oversized vehicle disability parking permits shall be valid for so long as the person remains disabled, but for no longer than one year. Permits may be renewed provided that the permit holder demonstrates in writing that he or she continues to meet the conditions of this subsection. Oversized vehicle parking with an oversized vehicle disability parking permit shall be subject to all applicable parking restrictions in the California Vehicle Code and the Santa Barbara Municipal Code, including, without limitation, Chapter 7.28 [Street Sweeping], Section 10.44.060 [72-Hour Parking Limit], Section 10.44.200 [Unlawful Parking of Trailers, Mobilehomes, Recreational Vehicles, Trucks and Buses] and Chapter 10.46 [Permit Parking].
E. TEMPORARY OVERSIZED VEHICLE PARKING PERMITS. A person may obtain a temporary oversized vehicle parking permit for a specific oversized vehicle if he or she demonstrates in writing to the satisfaction of the Public Works Director or his or her designee, on an application form prepared by the Public Works Director and upon payment of a fee prescribed by resolution of the City Council, that they meet each of the following conditions:
1. The person owns or lawfully possesses an oversized vehicle;
2. The person is a permanent City resident as determined under the law of California that wishes to temporarily park their oversized vehicle adjacent to their residence; or a commercial business that wishes to do business in the City; or to seek services or medical appointments that wishes to do business in the City for a temporary period at a specific fixed residential, or commercial address, or medical or service facility address with the consent of the resident or occupant of that address; or a non-resident COUNCIL INTRODUCTION DRAFT 05/23/23
6 temporarily visiting a specific fixed residential address with the consent of the resident of that address; or consent of the owner or operator of a service or medical facility provider.
3. The proposed parking location is reasonably situated to provide temporary access to a specific fixed residential, or commercial address, or service or medical facility address;
4. The proposed parking location does not create or exacerbate a dangerous traffic safety condition.
A temporary oversized vehicle parking permit shall be valid for no longer than five consecutive calendar days. Permits may be renewed for up to an additional five days provided that the permit holder demonstrates in writing that he or she continues to meet the conditions of this subsection. In no event shall temporary oversized vehicle parking permits be issued to a resident, commercial business, medical or service facility provider or non-resident for a total period in excess of 10 days within any consecutive 90 calendar day period. Oversized vehicle parking with a temporary oversized vehicle parking permit shall be subject to all applicable parking restrictions in the California Vehicle Code and the Santa Barbara Municipal Code, including, without limitation, Chapter 7.28 [Street Sweeping], Section 10.44.060 [72-Hour Parking Limit], Section 10.44.200 [Unlawful Parking of Trailers, Mobilehomes, Recreational Vehicles, Trucks and Buses] and Chapter 10.46 [Permit Parking].
F. CONTRACTORS OVERSIZED VEHICLE PARKING PERMITS.
1. A person may obtain a contractors oversized vehicle parking permit for a specific oversized commercial vehicle if he or she demonstrates in writing to the COUNCIL INTRODUCTION DRAFT 05/23/23
7 satisfaction of the Public Works Director or his or her designee, on an application form prepared by the Public Works Director and upon payment of a fee prescribed by resolution of the City Council, that they meet and agree to each the following conditions:
a. The person owns or lawfully possesses an oversized
commercial vehicle which is registered with the Department of Motor Vehicles as a commercial vehicle and displays identifiable California commercial license plates; b. The person possesses a valid business license certificate issued pursuant to Chapter 5.04 of the Santa Barbara Municipal Code and has paid all other applicable City taxes;
c. The oversized commercial vehicle is necessary for use in the business for which the city business license certificate has been issued; d. The oversized commercial vehicle will at no time be parked unattended in any location that creates or exacerbates a dangerous traffic safety condition;
e. The oversized commercial vehicle will not be parked on the street unattended between the hours of 8:00 p.m. and 7:00 a.m. of the following day, except as provided below when the vehicle is necessary at the parking location, and actually in active use, for work needed to control and repair an emergency situation that poses an immediate threat to public health and safety.
2. Contractors oversized vehicle parking permits shall be valid for a period of not to exceed a single fiscal year, commencing July 1st of each year. Permits issued after July 1st of any year shall expire on June 30th of the following year and any COUNCIL INTRODUCTION DRAFT 05/23/23
8 fees shall be prorated to the nearest month. Permits may be renewed annually effective July 1st of each year, provided that the permit holder demonstrates in writing that he or she continues to meet and agree to the conditions of this subsection.
3. Contractors oversized commercial vehicles may be parked between the hours of 8:00 p.m. and 7:00 a.m. of the following day only when the vehicle is necessary at the parking location, and actually in active use, for work needed to control and repair an emergency situation that poses an immediate threat to public health and safety. If the emergency location is not immediately apparent from the adjacent public right-of-way, the contractors oversized commercial vehicle shall bear a clearly visible notice in the driver’s side window which identifies the emergency location by address and unit number, if applicable, and includes contact information which would allow City safety or enforcement personnel to contact the vehicle operator immediately.
G. NUISANCE DECLARED. The City Council finds, determines and hereby declares that parking oversized vehicles in violation of this section constitutes an immediate threat to the public health, safety and general welfare, thereby creating a public nuisance. Unlike much of Southern California which was developed following World War II, Santa Barbara’s street grid was established in the 18th and 19th centuries at a time before modern oversized vehicles could have been contemplated. Parked oversized vehicles interfere with and obstruct visual access to streets, traffic control signs and signals, other vehicles, pedestrians, bicycles and sidewalks, thereby substantially increasing the risk of collisions between vehicles, as well as collisions between vehicles, bicycles and pedestrians, at intersections, near driveways, and on all streets in the city, including curved roadway sections, narrow streets, busy streets, commercial districts, and COUNCIL INTRODUCTION DRAFT 05/23/23
9 neighborhood streets. Parked oversized vehicles create an immediate threat to the public health, safety and general welfare by obstructing visual access to scenic resources, including historic landmarks and natural resources, such as the coastal mountains, beaches, and Pacific Ocean. Parked or stopped oversized vehicles are frequently left with engines, refrigeration systems or generators running, thereby contributing to the deterioration of local air quality and quiet neighborhoods.
H. INTEGRATION WITH OTHER PERMIT PARKING. Oversized vehicles shall not be considered “eligible vehicles” under Section 10.46.060.A for parking permits issued pursuant to Chapter 10.46. Oversized vehicles with Chapter 10.46 permits that were issued before December 16, 2016 shall be valid until they expire and shall not be renewable thereafter.
I. RULES AND REGULATIONS. The Public Works Director is authorized to promulgate and publish rules and regulations to interpret and implement this Section.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Accounting Division, Finance Department
SUBJECT: Fiscal Year 2023 Third-Quarter Review
RECOMMENDATION: That Council:
A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the nine months ended March 31, 2023; B. Accept the Fiscal Year (FY) 2023 Interim Financial Statements for the nine months ended March 31, 2023; and
C. Approve proposed Third Quarter (Q3) adjustments to FY 2023 appropriations and estimated revenues as detailed in the attached schedule of Proposed Q3 adjustments.
DISCUSSION:
Each month, staff present interim financial statements (Attachment 1) showing the status of revenues and expenditures in relation to the budget for City Funds. Each quarter, the interim financial statements are expanded to include a detailed narrative analysis of General Fund and Enterprise Funds (Attachment 2).
In addition to the Q3 budget analysis, staff bring forward recommended adjustments for City Council approval. These adjustments are the result of new information and/or unanticipated events that occurred since the adoption of the budget in June 2022. A listing and description of each proposed current year adjustment is provided in Attachment 3.
Due to economic uncertainties articulated in the FY 2023 adopted budget, a required budget reduction plan of $1.0 Million was implemented and allocated amongst all General Fund departments. Staff reviewed and consolidated Q3 revenue and expenditure adjustments into the Q3 report for City Council’s approval. For General Fund departments, budget reduction targets have been met or will be met by end-of-year.
These reductions help achieve a balanced budget, which mitigates risk.
Agenda Item No. 7
File Code No. 250.02
Council Agenda Report
Fiscal Year 2023 Third-Quarter Review
May 23, 2023
The table below summarizes the General Fund revenue and expenditure budget including actuals through Q3. The total adopted revenue budget is $184.6 Million and the total adopted expenditure budget is $185.7 Million, resulting in an operating deficit of $1.1 Million. The revised budget includes additional expenditures from encumbrances from prior year contractual commitments, along with any City Council approved adjustments since beginning of the year.
Staff anticipate continued economic recovery from the impacts of COVID-19, which aligns with sales/use tax and transient occupancy tax (TOT) revenue actual trends when comparing the prior fiscal year and FY 2023 adopted budget. Staff are projecting that property tax revenue will be $1.2 Million more than the adopted budget. Sales tax and TOT leveled off in FY 2023. Staff is projecting a $2.7 Million deficit in the General Fund by the end of FY 2023 due to some lower department revenues, additional expenditure appropriations of $1.1 Million for the short-term rental enforcement program in the City Attorney’s Office budget, and lower attrition savings from the recruiting and hiring of multiple city positions reducing the city’s vacancy rate.
Staff are not recommending any additional budget reduction strategies to balance the budget by the end of FY 2023. However, staff will continue to closely monitor revenues, expenditures, fund balance, and reserves each month, and will provide a comprehensive financial projection during the fourth quarter report to address material economic changes.
ATTACHMENTS: 1. Summary by Fund Statement of Revenues and Expenditures for Nine Months Ended March 31, 2023
2. Interim Financial Statements for Nine Months Ended March 31, 2023 (Narrative Analysis)
3. Schedule of Proposed Third Quarter Adjustments
PREPARED BY: Jessica Yates, Accounting Supervisor
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
General Fund FY2023 Adopted
Budget
FY2023 Revised
Budget
Actuals through
Q3
FY2023
Projection
Actuals
Percent of
Revised
Budget
Revenues $184,618,453 $184,647,547 $136,213,216 $194,557,283 73.8% Expenditures 185,678,749 201,115,308 137,344,647 197,289,629 68.3% Surplus/(Deficit) ($1,060,296) ($16,467,761) ($1,131,431) ($2,732,346) ATTACHMENT 1
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
GENERAL FUND (pages 3-7)
Revenue 184,647,548 136,213,217 3,005 48,437,335 73.8% 133,710,721 Expenditures 201,115,309 137,344,645 3,153,610 60,617,053 69.9% 126,218,277 Addition to / (use of) reserves (1,131,428) (16,467,761) (3,156,615) 7,492,444 SOLID WASTE FUND (page 9)
Revenue 34,272,920 25,802,740 - 8,470,180 75.3% 24,973,830 Expenditures 35,032,808 23,915,706 924,742 10,192,360 70.9% 21,331,690 Addition to / (use of) reserves 1,887,034 (759,888) (924,742) 3,642,140 WATER OPERATING FUND (page 10)
Revenue 70,492,814 51,903,459 - 18,589,355 73.6% 50,296,311 Expenditures 71,954,226 46,195,188 4,823,257 20,935,781 70.9% 47,886,910 Addition to / (use of) reserves 5,708,271 (1,461,412) (4,823,257) 2,409,401 WASTEWATER OPERATING FUND (page 11)
Revenue 27,441,554 20,165,426 - 7,276,128 73.5% 19,027,755 Expenditures 28,242,939 19,083,646 1,211,683 7,947,610 71.9% 18,357,815 Addition to / (use of) reserves 1,081,780 (801,385) (1,211,683) 669,940 DOWNTOWN PARKING FUND (page 12)
Revenue 10,616,997 7,395,703 - 3,221,294 69.7% 5,037,010 Expenditures 10,749,896 7,385,986 844,868 2,519,043 76.6% 5,781,915 Addition to / (use of) reserves 9,718 (132,899) (844,868) (744,905) AIRPORT OPERATING FUND (page 13)
Revenue 27,185,151 18,750,192 - 8,434,959 69.0% 23,641,680 Expenditures 30,513,124 18,547,996 2,684,510 9,280,619 69.6% 18,739,152 Addition to / (use of) reserves 202,196 (3,327,973) (2,684,510) 4,902,529 GOLF COURSE FUND (page 14)
Revenue 4,042,489 2,938,237 - 1,104,252 72.7% 2,860,096 Expenditures 3,499,658 2,178,339 1,129,957 191,362 94.5% 2,060,587 Addition to / (use of) reserves 759,898 542,831 (1,129,957) 799,509 FACILITIES MANAGEMENT FUND (page 15)
Revenue 7,124,899 5,144,326 - 1,980,573 72.2% 4,742,640 Expenditures 7,277,281 5,061,427 218,129 1,997,725 72.5% 4,781,665 Addition to / (use of) reserves 82,898 (152,382) (218,129) (39,025)
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
Summary by Fund
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
Summary by Fund
For Nine Months Ended March 31, 2023 (75% of Fiscal Year) FLEET REPLACEMENT FUND (page 16)
Revenue 3,785,316 2,714,825 - 1,070,491 71.7% 2,562,132 Expenditures 4,169,284 1,042,354 1,585,623 1,541,308 63.0% 2,285,649 Addition to / (use of) reserves 1,672,471 (383,968) (1,585,623) 276,483 FLEET MAINTENANCE FUND (page 17)
Revenue 3,226,802 2,429,295 - 797,507 75.3% 2,242,442
Expenditures 3,282,043 2,200,106 303,597 778,341 76.3% 2,234,715 Addition to / (use of) reserves 229,189 (55,241) (303,597) 7,726 SELF INSURANCE TRUST FUND (page 18)
Revenue 17,067,765 13,781,377 - 3,286,388 80.7% 7,859,027 Expenditures 14,201,213 10,086,801 355,227 3,759,185 73.5% 8,383,280 Addition to / (use of) reserves 3,694,576 2,866,552 (355,227) (524,253) INFORMATION TECHNOLOGY FUND (page 19)
Revenue 5,261,982 3,805,393 - 1,456,589 72.3% 3,399,487 Expenditures 5,483,353 3,903,566 50,817 1,528,969 72.1% 3,541,577 Addition to / (use of) reserves (98,173) (221,371) (50,817) (142,090) WATERFRONT OPERATING FUND (page 20)
Revenue 17,036,131 14,062,765 - 2,973,366 82.5% 13,207,764 Expenditures 19,277,251 13,336,210 959,765 4,981,276 74.2% 11,571,647 Addition to / (use of) reserves 726,555 (2,241,119) (959,765) 1,636,116 SANTA BARBARA CLEAN ENERGY FUND (page 21)
Revenue 34,000,000 24,966,910 - 9,033,090 73.4% 5,130,569 Expenditures 33,480,425 25,171,335 1,243,866 7,065,224 78.9% 5,045,319 Addition to / (use of) reserves (204,425) 519,575 (1,243,866) 85,250 ENERGY AND CLIMATE MANAGEMENT FUND (page 22)
Revenue 2,646,168 1,998,026 - 648,142 75.5% 1,946,404
Expenditures 3,117,338 1,713,056 205,104 1,199,178 61.5% 1,367,824 Addition to / (use of) reserves 284,971 (471,170) (205,104) 578,580
TOTAL FOR ALL FUNDS
Revenue 448,848,536 332,071,891 3,005 116,779,649 74.0% 300,637,867 Expenditures 471,396,149 317,166,360 19,694,754 134,535,035 71.5% 279,588,021 Addition to / (use of) reserves 14,905,531 (22,547,613) (19,697,759) 21,049,846 ** It is City policy to adopt a balanced budget. In most cases, encumbrance balances exist at year-end. These encumbrance balances are obligations of each fund and must be reported at the beginning of each fiscal year. In addition, a corresponding appropriations entry must be made in order to accommodate the 'carried-over' encumbrance amount. Most differences between budgeted annual revenues and expenses are due to these encumbrance carryovers.
Revised YTD Remaining Percent Previous Change Over
Budget Actual Balance Received YTD Prior Year
TAXES
Sales and Use 26,704,042 22,087,846 4,616,196 82.7% 21,770,112 1.5% Measure C Sales Tax 28,323,342 23,721,079 4,602,263 83.8% 23,212,483 2.2% Property Taxes 43,250,489 24,327,523 18,922,966 56.2% 22,881,722 6.3% Utility Users Tax 7,779,112 6,020,007 1,759,105 77.4% 5,760,313 4.5% Transient Occupancy Tax 23,583,553 20,096,552 3,487,001 85.2% 19,224,728 4.5% Business License 2,714,006 2,365,663 348,343 87.2% 2,235,978 5.8% Cannabis Excise Tax 1,879,977 980,863 899,114 52.2% 1,246,066 -21.3% Real Property Transfer Tax 1,328,218 706,430 621,788 53.2% 1,035,870 -31.8% Total Tax Revenues 100,305,962 135,562,739 35,256,777 74.0% 97,367,273 3.0%
LICENSES & PERMITS
Licenses & Permits 159,858 127,113 32,745 79.5% 154,087 -17.5% Total 127,113 159,858 32,745 79.5% 154,087 -17.5%
FINES & FORFEITURES
Police 2,358,618 1,062,861 1,295,757 45.1% 1,964,136 -45.9% Other Fines & Forfeitures 660,302 328,939 331,363 49.8% 56,581 481.4% Total 1,391,801 3,018,920 1,627,119 46.1% 2,020,716 -31.1%
USE OF MONEY & PROPERTY
Investment Income 529,185 1,003,953 (474,768) 189.7% 312,914 220.8% Rents & Concessions 1,392,631 996,831 395,800 71.6% 657,180 51.7% Total 2,000,784 1,921,816 (78,968) 104.1% 970,094 106.2%
INTERGOVERNMENTAL
Library 905,598 889,143 16,454 98.2% 712,410 24.8%
Fire 550,000 479,972 70,028 87.3% 2,223,308 -78.4%
Other Intergovernmental 717,492 540,870 176,622 75.4% 584,655 -7.5% Total 1,909,985 2,173,090 263,105 87.9% 3,520,373 -45.7%
FEES & SERVICE CHARGES
Community Development 6,713,279 5,612,887 1,100,392 83.6% 5,576,934 0.6% Parks & Recreation 4,565,730 2,737,724 1,828,006 60.0% 2,332,136 17.4% Other Service Charges 4,042,475 3,254,804 787,671 80.5% 2,532,932 28.5% Total 11,605,414 15,321,484 3,716,070 75.7% 10,442,002 11.1%
OTHER REVENUES
Interfund Charges & Reimbursement 11,944,594 8,144,118 3,800,476 68.2% 7,421,223 9.7% Overhead Indirect Allocations 9,654,155 7,177,928 2,476,227 74.4% 6,740,294 6.5% Interfund Transfers 592,510 483,974 108,536 81.7% 1,338,111 -63.8% Interfund Loans 24,140 18,105 6,035 75.0% 18,105 0.0%
Miscellenous 128,442 133,103 (4,661) 103.6% 606,527 -78.1% Donations 138,709 54,802 83,907 39.5% 63,841 -14.2%
Franchise Fees 4,007,090 2,860,127 1,146,963 71.4% 3,048,075 -6.2% Total 18,872,158 26,489,640 7,617,482 71.2% 19,236,176 -1.9% Subtotal Non-Tax Revenues 35,907,256 49,084,809 13,177,553 73.2% 36,343,448 -1.2% TOTAL REVENUES 136,213,217 184,647,548 48,434,330 73.8% 133,710,721 1.9%
CITY OF SANTA BARBARA
General Fund
Interim Statement of Budgeted and Actual Revenues
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
GENERAL GOVERNMENT
Mayor & City Council
MAYOR & CITY COUNCIL 743,502 1,054,553 2,321 308,730 70.7% 668,425 ARTS AND COMMUNITY PROMOTIONS 1,831,827 2,315,403 476,115 7,461 99.7% 1,762,282 Total 2,575,329 3,369,956 478,436 316,191 90.6% 2,430,706 City Attorney
CITY ATTORNEY-ADMINISTRATION 777,492 1,053,401 113,406 162,504 84.6% 786,168 CITY ATTORNEY-ADVISORY 1,207,309 1,545,447 35,000 303,138 80.4% 1,058,472 CITY ATTORNEY-CIVIL LITIGATION 984,396 1,430,514 - 446,118 68.8% 793,400 CITY ATTORNEY-CODE ENFORCEMENT 335,602 1,686,545 - 1,350,942 19.9% 349,605 Total 3,304,799 5,715,907 148,406 2,262,702 60.4% 2,987,645 Administration
CITY ADMINISTRATOR 1,609,709 2,601,441 101,841 889,891 65.8% 1,650,976 CITY TV 544,140 725,003 19,035 161,827 77.7% 476,421
CITY CLERK 485,854 721,579 22,128 213,597 70.4% 518,837 Total 2,639,703 4,048,022 143,004 1,265,315 68.7% 2,646,234 Human Resources
HUMAN RESOURCES 1,457,971 2,586,521 31,516 1,097,034 57.6% 1,396,264 EMPLOYEE RELATIONS 226,338 418,693 82,319 110,036 73.7% 177,207 EMPLOYEE DEVELOPMENT 14,538 42,699 - 28,161 34.0% 4,000 Total 1,698,847 3,047,913 113,835 1,235,231 59.5% 1,577,470 Finance
ADMINISTRATION 248,336 326,809 10,793 67,681 79.3% 289,442 REVENUE & CASH MANAGEMENT 414,110 773,693 21,365 338,218 56.3% 396,418 CASHIERING & COLLECTION 416,546 636,968 - 220,422 65.4% 431,760 LICENSES & PERMITS 658,662 766,641 11,107 96,872 87.4% 332,227 BUDGET MANAGEMENT 581,423 816,288 1 234,864 71.2% 519,009 ACCOUNTING 833,182 1,141,852 33,232 275,439 75.9% 685,474 PAYROLL 365,747 479,984 - 114,236 76.2% 360,207
ACCOUNTS PAYABLE 217,231 278,278 - 61,047 78.1% 199,185 CITY BILLING & CUSTOMER SERVICE 544,455 833,618 825 288,339 65.4% 507,119 PURCHASING 622,177 840,556 19 218,360 74.0% 625,389
CENTRAL WAREHOUSE 183,590 244,738 - 61,148 75.0% 175,373 MAIL SERVICES 116,614 163,466 11,665 35,187 78.5% 109,059 Total 5,202,074 7,302,891 89,006 2,011,812 72.5% 4,630,663 TOTAL GENERAL GOVERNMENT 15,420,751 23,484,690 972,687 7,091,252 69.8% 14,272,718
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
PUBLIC SAFETY
Police
CHIEF'S STAFF 1,090,756 1,106,022 7,247 (22,513) 102.1% 1,321,356 BUSINESS OFFICE 675,625 442,106 2,728 230,790 65.8% 425,535 RECORDS BUREAU 2,142,109 1,244,334 1,191 896,584 58.1% 1,241,929 STRATEGIC OPERATIONS AND PERSONNEL 1,902,857 1,443,155 109,338 350,364 81.6% 1,451,509 PROPERTY ROOM 259,996 204,288 - 55,708 78.6% 160,277
TRAINING, RECRUITMENT AND WELLNESS 2,118,941 1,113,557 69,403 935,981 55.8% 1,144,162 RANGE AND EQUIPMENT 1,593,310 1,151,196 52,380 389,734 75.5% 1,143,330 COMMUNITY & MEDIA RELATIONS 290,304 111,113 - 179,191 38.3% 242,915 INFORMATION TECHNOLOGY/CRIME ANALYSIS 1,757,195 1,407,312 32,909 316,975 82.0% 1,351,488 CRIMINAL INVESTIGATIONS & INTERNAL OP'S 6,238,744 4,244,411 5,596 1,988,737 68.1% 3,920,393 CRIME LAB 170,298 117,680 - 52,618 69.1% 114,027
FIELD OPERATIONS DIVISION 23,352,842 15,970,648 31,066 7,351,129 68.5% 13,950,653 TRAFFIC 772,855 344,499 - 428,356 44.6% 837,445
SPECIAL EVENTS 627,643 548,005 544 79,094 87.4% 523,060 STREET CRIMES UNIT 2,731,971 1,070,733 (0) 1,661,238 39.2% 1,005,150 SPECIAL ENFORCEMENT TEAM 884,466 171,299 - 713,166 19.4% 631,669 PARKING AND STREET SWEEPING 397,555 304,061 - 93,494 76.5% 280,513 PARKING ENFORCEMENT 1,482,760 596,166 3,980 882,613 40.5% 633,321 COMBINED COMMUNICATIONS CENTER 3,140,937 2,596,488 6,661 537,788 82.9% 2,368,773 ANIMAL CONTROL 954,668 544,080 3,386 407,201 57.3% 541,997 Total 34,731,154 52,585,829 326,428 17,528,248 66.7% 33,289,502 Fire
ADMINISTRATION 1,322,186 970,194 101 351,891 73.4% 843,407 EMERGENCY SERVICES AND PUBLIC ED 578,117 355,682 - 222,435 61.5% 363,258 PREVENTION 1,598,680 975,719 525 622,437 61.1% 902,159
WILDLAND FIRE MITIGATION PROGRAM 726,937 284,786 7,321 434,829 40.2% 209,470 OPERATIONS 26,699,047 19,144,786 162,896 7,391,364 72.3% 19,429,062 TRAINING AND RECRUITMENT 887,072 611,408 - 275,665 68.9% 476,851 ARFF 3,105,504 2,436,531 - 668,973 78.5% 2,241,661
Total 24,779,105 34,917,542 170,843 9,967,593 71.5% 24,465,870 TOTAL PUBLIC SAFETY 59,510,259 87,503,371 497,271 27,495,841 68.6% 57,755,371
PUBLIC WORKS
Public Works
ADMINISTRATION 1,522,713 915,670 15,546 591,497 61.2% 931,175 ENGINEERING SVCS 7,039,564 4,478,640 38,032 2,522,892 64.2% 4,142,325 PUBLIC RT OF WAY MGMT 2,092,273 1,216,538 32,366 843,368 59.7% 1,143,773 ENVIRONMENTAL PROGRAMS 803,356 349,694 111,239 342,423 57.4% 477,112 Total 6,960,542 11,457,906 197,183 4,300,180 62.5% 6,694,384 TOTAL PUBLIC WORKS 6,960,542 11,457,906 197,183 4,300,180 62.5% 6,694,384
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
COMMUNITY SERVICES
Parks & Recreation
REC PROGRAM MGMT 1,167,933 592,320 2,917 572,696 51.0% 490,191 FACILITIES & SPECIAL EVENTS 1,573,652 1,121,507 144,581 307,564 80.5% 905,000 YOUTH ACTIVITIES 1,631,330 1,007,322 10,011 613,997 62.4% 841,629 ACTIVE ADULTS 1,109,737 633,855 7,657 468,226 57.8% 587,260 AQUATICS 2,189,856 1,350,869 150,914 688,073 68.6% 1,338,781 SPORTS 801,188 472,388 127,731 201,069 74.9% 435,926
TENNIS 558,388 294,496 142,630 121,263 78.3% 268,807
NEIGHBORHOOD & OUTREACH SERV 1,235,466 823,324 8,298 403,845 67.3% 700,963 ADMINISTRATION 1,249,735 869,189 598 379,949 69.6% 780,794 PROJECT MANAGEMENT TEAM 752,712 491,180 29,619 231,912 69.2% 360,963 PARK OPERATIONS MANAGEMENT 1,041,411 761,331 13,156 266,923 74.4% 491,175 GROUNDS & FACILITIES MAINTENANCE 5,951,966 4,103,356 99,681 1,748,929 70.6% 3,800,688 FORESTRY 1,859,092 1,160,314 35,695 663,083 64.3% 991,565 BEACH MAINTENANCE 165,111 88,626 12,257 64,228 61.1% 100,159 MEDIANS PARKWAYS & CONTRACTS 582,447 347,602 71,561 163,284 72.0% 359,703 Total 14,117,676 21,870,024 857,308 6,895,041 68.5% 12,453,602 Library
ADMINISTRATION 932,821 650,006 51,823 230,992 75.2% 475,590 CENTRAL LIBRARY 5,946,744 3,819,657 46,196 2,080,891 65.0% 3,431,378 EASTSIDE LIBRARY 386,328 209,674 1,230 175,423 54.6% 231,354 LIBRARY ON THE GO 192,691 98,525 - 94,165 51.1% 78,112
ADULT EDUCATION 212,056 41,305 - 170,752 19.5% -
Total 4,819,167 7,670,640 99,250 2,752,223 64.1% 4,216,434 TOTAL COMMUNITY SERVICES 18,936,842 29,540,664 956,557 9,647,264 67.3% 16,670,036
COMMUNITY DEVELOPMENT
Community Development
ADMINISTRATION 2,024,906 1,477,873 25,770 521,263 74.3% 1,056,265 RENTAL HOUSING MEDIATION 321,113 237,490 - 83,623 74.0% 215,068 HUMAN SERVICES 862,824 501,835 321,245 39,745 95.4% 540,344 LONG RANGE PLAN & SPEC STUDY 995,328 656,528 557 338,242 66.0% 728,835 DEVEL & ENVIRONMENTAL REVIEW 1,736,654 1,148,662 6,357 581,634 66.5% 1,130,404 ZONING INFO & ENFORCEMENT 1,744,050 959,431 14,021 770,598 55.8% 1,009,914 DESIGN REV & HIST PRESERVATION 1,582,720 1,022,840 4,546 555,334 64.9% 1,072,245 BLDG INSP & CODE ENFORCEMENT 1,776,300 1,091,312 12,543 672,445 62.1% 1,272,160 RECORDS ARCHIVES & CLER SVCS 797,593 497,406 30,286 269,901 66.2% 485,807 BLDG COUNTER & PLAN REV SVCS 3,046,010 1,772,586 62,384 1,211,040 60.2% 1,489,736 CODE COMPLIANCE 771,758 404,273 168 367,317 52.4% -
Total 9,770,236 15,659,256 477,878 5,411,142 65.4% 9,000,778 TOTAL COMMUNITY DEVELOPMENT 9,770,236 15,659,256 477,878 5,411,142 65.4% 9,000,778
YTD
Expended
Revised YTD Encum- Remaining and Previous
Budget Actual brances Balance Encumbered YTD
CITY OF SANTA BARBARA
General Fund
Interim Statement of Appropriations, Expenditures and Encumbrances For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
SUSTAINABILITY AND RESILIENCE
Sustainability and Resilience
ADMINISTRATION 75,245 24,187 52,034 (976) 101.3% 54,125 Total 24,187 75,245 52,034 (976) 101.3% 54,125
TOTAL SUSTAINABILITY AND RESILIENCE 24,187 75,245 52,034 (976) 101.3% 54,125
NON-DEPARTMENTAL
Non-Departmental
ANTICIPATED SALARY SAVINGS (4,420,842) - - (4,420,842) 0.0% - TRANSFERS OUT 8,233,743 4,644,057 - 3,589,686 56.4% 2,530,802 CAPITAL OUTLAY TRANSFER 29,437,026 22,077,769 - 7,359,257 75.0% 19,240,064 APPROP. RESERVE 144,250 - - 144,250 0.0% -
Total 26,721,827 33,394,177 - 6,672,350 80.0% 21,770,865 TOTAL NON-DEPARTMENTAL 26,721,827 33,394,177 - 6,672,350 80.0% 21,770,865 TOTAL EXPENDITURES 137,344,645 201,115,309 3,153,610 60,617,053 69.9% 126,218,277 ** The legal level of budgetary control is at the department level for the General Fund. Therefore, as long as the department as a whole is within budget, budgetary compliance has been achieved. The City actively monitors the budget status of each department and takes measures to address potential over budget situations before they occur.
For Enterprise and Internal Service Funds, the level of budgetary control is at the fund level. The City also monitors and addresses these fund types for potential over budget situations.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
TRAFFIC SAFETY FUND
Revenue 245,000 168,097 - 76,903 68.6% 147,815
Expenditures 245,000 168,097 - 76,903 68.6% 147,815
Revenue Less Expenditures - - - - -
CREEK RESTORATION/WATER QUALITY IMPRVMT
Revenue 4,845,513 4,202,325 - 643,188 86.7% 3,942,244
Expenditures 5,259,427 3,128,413 539,138 1,591,875 69.7% 2,605,071 Revenue Less Expenditures 1,073,912 (413,914) (539,138) (948,688) 1,337,173
COMMUNITY DEVELOPMENT BLOCK GRANT
Revenue 1,846,634 265,305 - 1,581,329 14.4% 733,954
Expenditures 2,448,829 769,201 1,209,767 469,861 80.8% 880,273 Revenue Less Expenditures (503,896) (602,195) (1,209,767) 1,111,468 (146,320)
COUNTY LIBRARY
Revenue 446,729 366,512 - 80,216 82.0% 392,869
Expenditures 499,544 309,596 6,176 183,772 63.2% 674,453 Revenue Less Expenditures 56,917 (52,816) (6,176) (103,556) (281,584)
STREETS FUND
Revenue 13,178,081 10,074,598 - 3,103,483 76.4% 9,226,428 Expenditures 13,326,601 9,216,527 178,667 3,931,407 70.5% 8,708,219 Revenue Less Expenditures 858,071 (148,520) (178,667) (827,924) 518,209
MEASURE A FUND
Revenue 5,045,484 3,835,359 - 1,210,125 76.0% 3,564,377 Expenditures 5,059,908 3,120,325 214,253 1,725,330 65.9% 2,795,205 Revenue Less Expenditures 715,034 (14,424) (214,253) (515,205) 769,172
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
Special Revenue Funds
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service charges 33,716,747 25,223,604 - 8,493,143 74.8% 24,026,111 Other Fees & Charges 70,000 28,141 - 41,859 40.2% 901,639 Investment Income 44,500 86,151 - (41,651) 193.6% 26,905 Grants 155,450 155,450 - - 100.0% 23,211
Miscellaneous 286,223 309,394 - (23,171) 108.1% (4,036) TOTAL REVENUES 25,802,740 34,272,920 - 8,470,180 75.3% 24,973,830
EXPENSES
Salaries & Benefits 1,813,767 1,083,067 - 730,699 59.7% 1,064,365 Materials, Supplies & Services 31,344,278 22,277,070 470,954 8,596,254 72.6% 20,117,445 Special Projects 1,366,410 437,725 295,593 633,092 53.7% 93,714 Transfers-Out 50,000 37,500 - 12,500 75.0% 37,500
Capital Outlay Transfers 973 730 - 243 75.0% 1,460
Equipment 394,960 79,613 158,195 157,152 60.2% 17,206
Other 40,000 - - 40,000 0.0% -
Appropriated Reserve 22,420 - - 22,420 0.0% -
TOTAL EXPENSES 23,915,706 35,032,808 924,742 10,192,360 70.9% 21,331,690 Revenue Less Expense 1,887,034 (759,888) (924,742) (1,722,180) 3,642,140
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
SOLID WASTE FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Water Sales- Metered 60,197,486 43,863,281 - 16,334,205 72.9% 43,744,943 Service Charges 208,765 206,107 - 2,658 98.7% 221,799
Cater JPA Treatment Charges 2,359,556 1,390,060 - 969,496 58.9% 1,485,554 Investment Income 901,175 1,371,288 - (470,113) 152.2% 535,396 Grants - - - - 0.0% 710,798
Reimbursements 6,759,704 4,782,135 - 1,977,569 70.7% 2,699,609 Miscellaneous 66,128 290,588 - (224,460) 439.4% 762,269 Operating Transfers-In - - - - 0.0% 135,943
TOTAL REVENUES 51,903,459 70,492,814 - 18,589,355 73.6% 50,296,311
EXPENSES
Salaries & Benefits 13,981,945 9,426,020 - 4,555,925 67.4% 8,751,023 Materials, Supplies & Services 20,973,691 12,471,867 4,569,597 3,932,227 81.3% 10,495,704 Special Projects 803,622 383,093 195,469 225,060 72.0% 272,923 Water Purchases 11,084,565 6,388,287 - 4,696,278 57.6% 6,808,946 Debt Service 9,221,536 5,667,661 - 3,553,875 61.5% 5,639,668 Capital Outlay Transfers 15,167,186 11,647,139 - 3,520,047 76.8% 15,668,303 Equipment 247,606 61,262 16,875 169,469 31.6% 79,681
Capitalized Fixed Assets 290,275 114,711 41,316 134,249 53.8% 138,583 Other 33,800 35,148 - (1,348) 104.0% 32,080
Appropriated Reserve 150,000 - - 150,000 0.0% -
TOTAL EXPENSES 46,195,188 71,954,226 4,823,257 20,935,781 70.9% 47,886,910 Revenue Less Expense 5,708,271 (1,461,412) (4,823,257) (2,346,427) 2,409,401 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
WATER OPERATING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service Charges 26,609,956 19,386,943 - 7,223,013 72.9% 18,502,808 Fees 584,826 477,947 - 106,879 81.7% 348,581
Investment Income 180,700 260,605 - (79,905) 144.2% 107,143 Rents & Concessions 61,072 36,752 - 24,321 60.2% 42,786 Miscellaneous 5,000 3,179 - 1,821 63.6% 26,437
TOTAL REVENUES 20,165,426 27,441,554 - 7,276,128 73.5% 19,027,755
EXPENSES
Salaries & Benefits 8,562,134 6,053,582 - 2,508,552 70.7% 5,499,388 Materials, Supplies & Services 10,216,367 6,579,870 1,151,583 2,484,914 75.7% 6,205,265 Special Projects 915,550 264,942 41,575 609,033 33.5% 244,224 Debt Service 3,551,087 2,532,187 - 1,018,900 71.3% 2,553,312 Capital Outlay Transfers 4,743,055 3,557,291 - 1,185,764 75.0% 3,704,880 Equipment 128,500 38,451 17,025 73,024 43.2% 76,911
Capitalized Fixed Assets 122,246 55,810 - 66,436 45.7% 71,849 Other 4,000 1,513 1,500 988 75.3% 1,985
TOTAL EXPENSES 19,083,646 28,242,939 1,211,683 7,947,610 71.9% 18,357,815 Revenue Less Expense 1,081,780 (801,385) (1,211,683) (671,482) 669,940 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
WASTEWATER OPERATING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Improvement Tax 900,000 818,829 - 81,171 91.0% 730,834
Parking Fees 8,283,728 5,708,567 - 2,575,161 68.9% 3,366,721 Other Fees & Charges 30,000 11,260 - 18,740 37.5% 24,108 Investment Income 37,400 58,374 - (20,974) 156.1% 22,015 Rents & Concessions 157,760 193,508 - (35,748) 122.7% 118,340 Miscellaneous 144,366 69,859 - 74,507 48.4% 226,221
Operating Transfers-In 1,063,743 535,307 - 528,436 50.3% 548,771 TOTAL REVENUES 7,395,703 10,616,997 - 3,221,294 69.7% 5,037,010
EXPENSES
Salaries & Benefits 5,255,213 3,627,005 - 1,628,207 69.0% 2,941,395 Materials, Supplies & Services 4,277,069 3,072,266 571,194 633,609 85.2% 2,368,059 Special Projects 439,362 140,746 273,673 24,943 94.3% 299,721 Capital Outlay Transfers 721,087 540,815 - 180,272 75.0% 169,819 Equipment 47,165 5,153 - 42,012 10.9% 2,921
Appropriated Reserve 10,000 - - 10,000 0.0% -
TOTAL EXPENSES 7,385,986 10,749,896 844,868 2,519,043 76.6% 5,781,915 Revenue Less Expense 9,718 (132,899) (844,868) 702,251 (744,905) NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
DOWNTOWN PARKING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Leases-Commercial/Industrial 5,607,214 3,369,080 - 2,238,134 60.1% 3,867,391 Leases-Terminal 9,757,487 7,443,185 - 2,314,302 76.3% 6,132,478 Leases-Non-Commercial Aviation 4,658,247 3,228,163 - 1,430,084 69.3% 3,682,971 Leases-Commercial Aviation 6,374,208 4,273,643 - 2,100,565 67.0% 3,696,983 Investment Income 200,500 333,218 - (132,718) 166.2% 123,140 Grants 437,036 - - 437,036 0.0% 5,907,498
Service Charges - 1,411 - (1,411) 100.0% 960
Miscellaneous 150,459 101,492 - 48,967 67.5% 105,143
Operating Transfers-In - - - - 0.0% 125,117
TOTAL REVENUES 18,750,192 27,185,151 - 8,434,959 69.0% 23,641,680
EXPENSES
Salaries & Benefits 10,276,693 7,217,604 - 3,059,089 70.2% 6,362,269 Materials, Supplies & Services 13,203,172 8,423,478 1,708,488 3,071,206 76.7% 7,314,271 Special Projects 2,790,947 488,114 938,353 1,364,480 51.1% 579,080 Transfer-Out 250,000 187,500 - 62,500 75.0% -
Debt Service 1,551,750 1,163,813 - 387,938 75.0% 1,166,812 Capital Outlay Transfers 2,055,016 1,014,413 - 1,040,603 49.4% 3,214,966 Equipment 253,990 53,074 37,669 163,247 35.7% 101,754
Appropriated Reserve 131,556 - - 131,556 0.0% -
TOTAL EXPENSES 18,547,996 30,513,124 2,684,510 9,280,619 69.6% 18,739,152 Revenue Less Expense 202,196 (3,327,973) (2,684,510) (845,660) 4,902,529 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
AIRPORT OPERATING FUND
from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Fees & Card Sales 3,857,737 2,734,320 - 1,123,417 70.9% 2,713,879 Investment Income 22,500 41,073 - (18,573) 182.5% 13,559 Rents & Concessions 162,252 162,238 - 14 100.0% 133,520 Miscellaneous - 607 - (607) 100.0% (862)
TOTAL REVENUES 2,938,237 4,042,489 - 1,104,252 72.7% 2,860,096
EXPENSES
Salaries & Benefits 87,333 62,375 - 24,958 71.4% 58,187 Materials, Supplies & Services 3,142,645 1,944,801 1,129,957 67,888 97.8% 1,844,423 Debt Service 41,430 - - 41,430 0.0% -
Capital Outlay Transfers 228,000 171,000 - 57,000 75.0% 157,977 Equipment 250 163 - 87 65.3% -
TOTAL EXPENSES 2,178,339 3,499,658 1,129,957 191,362 94.5% 2,060,587 Revenue Less Expense 759,898 542,831 (1,129,957) 912,889 799,509 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
GOLF COURSE FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service Charges 3,355,887 2,516,916 - 838,971 75.0% 2,315,932 Work Orders - Bldg Maint. 3,608,512 2,627,321 - 981,191 72.8% 2,425,107 Miscellaneous 10,500 89 - 10,411 0.8% 1,602
Operating Transfers-In 150,000 - - 150,000 0.0% -
TOTAL REVENUES 5,144,326 7,124,899 - 1,980,573 72.2% 4,742,640
EXPENSES
Salaries & Benefits 4,629,735 3,179,969 - 1,449,766 68.7% 2,850,404 Materials, Supplies & Services 2,070,928 1,481,394 171,846 417,687 79.8% 1,373,849 Special Projects 287,955 249,093 46,282 (7,421) 102.6% 195,512 Capital Outlay Transfers 193,598 145,198 - 48,400 75.0% 357,899 Equipment 10,000 5,772 - 4,228 57.7% 4,001
Appropriated Reserve 85,065 - - 85,065 0.0% -
TOTAL EXPENSES 5,061,427 7,277,281 218,129 1,997,725 72.5% 4,781,665 Revenue Less Expense 82,898 (152,382) (218,129) (17,152) (39,025)
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
FACILITIES MANAGEMENT FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Vehicle Rental Charges 3,182,866 2,226,248 - 956,618 69.9% 2,265,358 Investment Income 204,248 222,790 - (18,542) 109.1% 95,841 Rents & Concessions 107,553 77,380 - 30,173 71.9% 89,701 Miscellaneous 68,000 164,537 - (96,537) 242.0% 82,232
Operating Transfers-In 222,649 23,871 - 198,778 10.7% 29,000 TOTAL REVENUES 2,714,825 3,785,316 - 1,070,491 71.7% 2,562,132
EXPENSES
Salaries & Benefits 231,260 134,314 - 96,946 58.1% 136,663 Materials, Supplies & Services 21,038 3,630 - 17,408 17.3% 17,590 Debt Service 606,371 303,186 104,408 198,778 67.2% -
Capital Outlay Transfers - - - - 0.0% 797,585
Capitalized Fixed Assets 3,310,615 601,224 1,481,215 1,228,175 62.9% 1,333,811 TOTAL EXPENSES 1,042,354 4,169,284 1,585,623 1,541,308 63.0% 2,285,649 Revenue Less Expense 1,672,471 (383,968) (1,585,623) (470,817) 276,483
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
FLEET REPLACEMENT FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Vehicle Maintenance Charges 3,161,802 2,355,014 - 806,788 74.5% 2,183,841 Reimbursements 5,000 3,750 - 1,250 75.0% 3,750
Miscellaneous 60,000 70,531 - (10,531) 117.6% 54,851
TOTAL REVENUES 2,429,295 3,226,802 - 797,507 75.3% 2,242,442
EXPENSES
Salaries & Benefits 1,698,636 1,136,019 - 562,617 66.9% 1,078,644 Materials, Supplies & Services 1,463,788 1,035,872 230,709 197,207 86.5% 1,044,053 Special Projects 64,994 25,964 42,613 (3,584) 105.5% 57,159 Capital Outlay Transfers 1,467 1,100 - 367 75.0% 31,201 Equipment 7,884 1,151 - 6,733 14.6% 7,446
Capitalized Fixed Assets 30,275 - 30,275 - 100.0% 16,213 Appropriated Reserve 15,000 - - 15,000 0.0% -
TOTAL EXPENSES 2,200,106 3,282,043 303,597 778,341 76.3% 2,234,715 Revenue Less Expense 229,189 (55,241) (303,597) 19,166 7,726
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
FLEET MAINTENANCE FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Insurance Premiums 7,658,599 5,743,949 - 1,914,650 75.0% 3,792,596 Workers' Compensation Premiums 4,572,008 3,426,944 - 1,145,065 75.0% 3,123,075 OSH Charges 292,974 219,731 - 73,244 75.0% 217,673
Unemployment Insurance Premium 427,559 307,699 - 119,860 72.0% 208,147 Investment Income 40,800 26,186 - 14,614 64.2% 25,309
Miscellaneous - - - - 0.0% 3,859
Operating Transfers-In 4,075,825 4,056,869 - 18,956 99.5% 488,369 TOTAL REVENUES 13,781,377 17,067,765 - 3,286,388 80.7% 7,859,027
EXPENSES
Salaries & Benefits 928,263 607,550 - 320,713 65.5% 575,171 Materials, Supplies & Services 13,272,541 9,478,465 355,227 3,438,849 74.1% 7,807,496 Capital Outlay Transfers 409 307 - 102 75.0% 614
Equipment - 479 - (479) 100.0% -
TOTAL EXPENSES 10,086,801 14,201,213 355,227 3,759,185 73.5% 8,383,280 Revenue Less Expense 3,694,576 2,866,552 (355,227) (472,796) (524,253) The Self Insurance Trust Fund is an internal service fund of the City, which accounts for the cost of providing workers' compensation, property and liability insurance as well as unemployment insurance and certain self-insured employee benefits on a city-wide basis. Internal Service Funds charge other funds for the cost of providing their specific services.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
SELF INSURANCE TRUST FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service charges 5,261,982 3,805,393 - 1,456,589 72.3% 3,364,487 Operating Transfers-In - - - - 0.0% 35,000
TOTAL REVENUES 3,805,393 5,261,982 - 1,456,589 72.3% 3,399,487
EXPENSES
Salaries & Benefits 3,420,556 2,133,525 - 1,287,031 62.4% 1,860,048 Materials, Supplies & Services 1,918,280 1,649,504 50,493 218,282 88.6% 1,479,803 Special Projects 200 632 - (432) 316.0% 9,382
Capital Outlay Transfers 131,677 103,758 - 27,919 78.8% 186,595 Equipment 12,640 16,147 324 (3,831) 130.3% 5,749
TOTAL EXPENSES 3,903,566 5,483,353 50,817 1,528,969 72.1% 3,541,577 Revenue Less Expense (98,173) (221,371) (50,817) (72,380) (142,090) NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
INFORMATION TECHNOLOGY FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Leases - Commercial 2,000,000 1,733,886 - 266,114 86.7% 1,674,117 Leases - Food Service 3,100,000 2,705,126 - 394,874 87.3% 2,606,723 Slip Rental Fees 5,070,940 3,884,385 - 1,186,555 76.6% 3,676,273 Visitors Fees 750,000 553,935 - 196,065 73.9% 606,162
Slip Transfer Fees 1,100,000 890,775 - 209,225 81.0% 1,168,300 Parking Revenue 3,254,325 2,728,551 - 525,774 83.8% 2,422,180 Wharf Parking 220,000 208,764 - 11,236 94.9% 203,524
Grants - 12,752 - (12,752) 100.0% 12,752
Other Fees & Charges 252,630 189,048 - 63,583 74.8% 188,731 Investment Income 112,700 180,921 - (68,221) 160.5% 78,550 Rents & Concessions 392,316 343,869 - 48,448 87.7% 320,631 Miscellaneous 783,220 630,755 - 152,465 80.5% 249,821
TOTAL REVENUES 14,062,765 17,036,131 - 2,973,366 82.5% 13,207,764
EXPENSES
Salaries & Benefits 8,297,772 5,673,172 - 2,624,599 68.4% 5,522,466 Materials, Supplies & Services 6,062,350 3,944,973 863,499 1,253,878 79.3% 3,451,735 Special Projects 296,875 147,389 57,750 91,736 69.1% 116,851 Debt Service 2,036,965 2,036,965 - (0) 100.0% 2,038,500 Capital Outlay Transfers 2,250,000 1,500,000 - 750,000 66.7% 409,498 Equipment 147,075 32,198 1,873 113,003 23.2% 30,084
Capitalized Fixed Assets 83,840 - 36,643 47,197 43.7% - Other 2,375 1,513 - 863 63.7% 2,513
Appropriated Reserve 100,000 - - 100,000 0.0% -
TOTAL EXPENSES 13,336,210 19,277,251 959,765 4,981,276 74.2% 11,571,647 Revenue Less Expense 726,555 (2,241,119) (959,765) (2,007,910) 1,636,116
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
WATERFRONT OPERATING FUND
NOTE - These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service Charges 34,000,000 24,966,910 - 9,033,090 73.4% 3,580,111 Investment Income - - - - 0.0% (74)
Operating Transfers-In - - - - 0.0% 1,550,532
TOTAL REVENUES 24,966,910 34,000,000 - 9,033,090 73.4% 5,130,569
EXPENSES
Salaries & Benefits 177,610 130,137 - 47,472 73.3% 105,529 Materials, Supplies & Services 31,880,601 24,279,267 1,205,029 6,396,305 79.9% 4,457,839 Special Projects 1,110,847 761,931 38,837 310,079 72.1% 481,951 Other 311,368 - - 311,368 0.0% -
TOTAL EXPENSES 25,171,335 33,480,425 1,243,866 7,065,224 78.9% 5,045,319 Revenue Less Expense (204,425) 519,575 (1,243,866) 1,967,866 85,250
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
SANTA BARBARA CLEAN ENERGY FUND
Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD
REVENUES
Service charges 2,552,568 1,914,426 - 638,142 75.0% 1,776,803 Grants 93,600 78,600 - 15,000 84.0% 169,601
Miscellaneous - 5,000 - (5,000) 100.0% 1
TOTAL REVENUES 1,998,026 2,646,168 - 648,142 75.5% 1,946,404
EXPENSES
Salaries & Benefits 812,036 467,373 - 344,663 57.6% 373,264 Materials, Supplies & Services 2,024,878 1,131,424 152,644 740,810 63.4% 891,400 Special Projects 167,778 6,245 51,744 109,789 34.6% 9,402 Debt Service 24,140 18,105 - 6,035 75.0% 18,105
Capital Outlay Transfers 435 326 - 109 75.0% 75,652
Equipment 9,471 10,982 716 (2,227) 123.5% -
Capitalized Fixed Assets 78,600 78,600 - - 100.0% -
TOTAL EXPENSES 1,713,056 3,117,338 205,104 1,199,178 61.5% 1,367,824 Revenue Less Expense 284,971 (471,170) (205,104) (551,036) 578,580 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.
CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For Nine Months Ended March 31, 2023 (75% of Fiscal Year)
ENERGY AND CLIMATE MANAGEMENT FUND
Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 1 General Fund Revenues
general government, except those required to be accounted for in another fund. The Summary of Revenues, General Fund table below reports preliminary General Fund revenues for nine months ending March 31, 2023, in Fiscal Year (FY) 2023. For interim financial statement purposes, revenues are reported on a cash basis (i.e., when funds are received). All revenues below have unique collection cycles, therefore may vary from other revenues and result in fluctuations when comparing historical actuals. This table highlights the annual revised budget, projected end-of-year actuals, and actual collections for general tax revenues, franchise fees, and other fees/charges.
Summary of Revenues, General Fund
Property Tax
In 1978, a State constitutional amendment (Article XIIIA) provided that the ad valorem real property tax rate be limited to 1% of market value and be levied only by the county and shared with all other jurisdictions. The County of Santa Barbara collects the property taxes and distributes adjustments for voter approved debt. Property taxes are formally due on November 1 and February 1 and become delinquent as of December 10 and April 10, respectively. Taxes become a lien on the property effective March 1 of the preceding year.
As of March 31, 2023, approximately $24.3 Million in property tax revenues were received. During the budget setting process, 2.5% growth was anticipated in FY 2023 when comparing the previous actuals. Actual revenues for this year are now trending to be $1.2 Million above budget. To ATTACHMENT 2
Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 2 note, Proposition 13 impacts the amount of property tax collected as it limits how much the taxable value of a property can rise every year. This property assessment occurs in January for the subsequent year at a restricted rate of 2% or Consumer Price Index (CPI), whichever is lessor.
Prior to FY 2022, this increase was 2% for several years. CPI in FY 2022 was 1.016% but returned to 2% in FY 2023.
Sales Taxes
Sales and use tax revenue, collected on a cash basis through March 31, 2023, is approximately $22.1 Million. Positive sales tax trends have been observed, likely due to a combination of increased consumer spending (particularly in online and auto sales) and higher than expected inflation. Sales tax, currently received, is 8% higher than forecasted at this point in the year and is trending to continue to exceed budgeted revenues for the remainder of FY 2023. Staff continue to monitor this revenue source closely and will evaluate a revised projection as remittances are received in preparation for the Quarter Four (Q4) report.
Measure C Sales Tax
On November 7, 2017, a 1% general sales tax measure (Measure C) was approved, with significant community support for infrastructure needs, which will generate the necessary funds required to improve the citywide PCI rating. Measure C sales tax revenue received at the end of Third Quarter (Q3) is approximately $23.7 Million on a cash basis, which is roughly 9% higher than expected. Staff will continue to monitor tax remittances received and may consider adjusting the FY 2023 projection at the end of Q4, as revenues will likely exceed the budget. Additional Measure C revenue will be programmed to support capital projects in future budget cycles.
Transient Occupancy Tax
Transient Occupancy Tax (TOT) revenue at Q3 is approximately $20.1 Million, which is significantly higher than collections in FY 2021 and FY 2022 because of COVID-19 impacts on the travel industry. There is a higher demand for rooms now that travel has picked up, however, the main cause of the growth is related to increases in average daily rates, which are 30%-40% higher than FY 2019 (pre-pandemic rates). TOT revenues are 10% higher than budget anticipated at the end of Q3, and it is likely that revenues will exceed budget at the end of FY 2023. Staff will continue to monitor this revenue source closely and will evaluate a revised projection as additional tax remittances are received in preparation for the Q4 report.
Department and Other Revenues
Cannabis tax revenues have seen a moderate decline (24%) primarily attributable to one Cannabis business, due to consolidation of operations and reduced sales in FY23 compared to FY22.
Various General Fund departments throughout the City generate revenue. These revenue sources have a revised budget of approximately $33.8 Million. Revenues from departments are comprised of various categories in the Summary of Revenues, General Fund table above, but for transparency purposes these variances are broken out by department in the Summary of Departmental Revenues, General Fund table below.
Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 3 Summary of Departmental Revenues, General Fund
General Fund Expenditures
The Summary of Departmental Expenditures, General Fund table below summarizes General Fund year-to-date expenditures through March 31, 2023, compared to revised budget, and projected end-of-year actuals. The Revised Budget column represents the adopted budget, appropriation carryovers from the prior year, and all supplemental appropriations approved by the City Council in the current year. Encumbrances as of March 31, 2023, are shown separately from expense actuals as the inclusion of encumbrances within actuals can distort trends. The City uses encumbrances to control expenditure commitments for the year and to enhance cash management. Encumbrances represent commitments related to contracts not yet performed and purchase orders not yet filled (executory contracts; and open purchase orders). Commitments for such expenditure of monies are encumbered to reserve a portion of applicable appropriations.
Encumbrances still open at year-end are not accounted for as expenditures and liabilities but rather, as restricted or committed governmental fund balance.
The FY 2023 adopted budget included several targeted reduction plans to assist with lowering City expenditures. A balancing strategy of $1.0 Million was allocated across General Fund departments, including general reductions and salary-saving measures. Most departments have met or exceeded their goal. Staff remain confident that expenditures will align with or be below budget at end of year, and that reduction goals will be met.
Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 4 Summary of Departmental Expenditures, General Fund
Summary of Departmental Expenditures by Character Code, General Fund Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 5 Expenditure Analysis by General Fund
The General Fund revised budget of $201.1 Million, which includes $7.9 Million in carried forward appropriations and encumbrances and any FY 2023 council approved amendments, is 68% exhausted ($137.3 Million) as of March 31, 2023. The Summary of Departmental Expenditures, General Fund table above shows performance at department level. 43.5% of the total budget, including Non-Departmental Expenditures, is appropriated to provide public safety services through the Police and Fire Departments. Community Services comprises 14.7% of the total budget, which includes and Recreation and Library Departments. General Government makes up
11.7% of appropriations which includes Finance, City Administration, Mayor & Council, City Attorney, Human Resources, and City Clerk departments.
General Government actual spending of approximately $15.4 Million, represents 66% of its associated annual budget through Q3. In the Human Resources Department, savings are largely due to the pending Classification and Compensation Study that was approved by City Council on April 11, 2023, and is now at the beginning stages for expenditures. The Finance Department and City Administrator s Office are trending to align with budget.
Public Safety actual spending of approximately $59.5 Million, represents 68% of associated annual budget. Lower expense trends are mainly related to staffing shortages through Q3 of FY 2023.
The Police Department (PD) expended $34.7 Million (66%) of its budget. PD has been challenged with on-going staffing shortages, including 25 sworn positions and 22 professional positions. There are also three officers on long term disability due to injury on duty. Some relief will be seen once the five people in the April academy graduate in October 2023. Staff continue to manage schedule and staffing needs to ensure appropriate coverage for the City. Two open officer positions supported expenditure reduction targets, other savings achieved through staffing shortages will be used to purchase new body worn cameras and tasers. Additional discussions between the Police Chief and the City Administrator regarding staffing and equipment needs will continue to occur and adjustments will be proposed accordingly. PD is currently projecting $2.4 Million in savings within their expenditure budget, which includes the purchase of $1.3 Million in equipment and providing $190,000 in financial support to the Street Sweeping program. Some expenditure savings are related to special projects that have not materialized but may as activities generally occur end of year. There are ARPA funds available for homeless services/co-response program and an additional co-response team will be created when the County establishes their second team. The goal is to activate the second team in the Spring.
The Fire Department (FD) expended $24.8 Million, using 71% of its budget. Most operational costs are tracking at or below expected levels. Minimum staffing overtime will continue to exceed budget due to six vacancies and four operational personnel positions that require coverage due to injury leave. If the overtime trend continues as it has for nine months of FY 2023, budget in this category will be exceeded by approximately $979,000. An additional overtime impact is related to the Fair Labor Standards Act (FLSA), as it is underfunded (by $136,000) for the second year in a row. Vegetation Management will require a roll-over of approximately $265,000 to FY 2024 to maximize the impact of the funding. These funds will be used to supplement a grant awarded by the Coastal Conservancy.
Community Services had actual expenditures of $18.9 Million, or 64% of associated budget.
Savings is anticipated based on this performance trend.
Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 6 The Library Department spent $4.8 Million, or 63% of its annual budget through Q3 FY 2023.
The Library continues to be open at reduced hours post-COVID and has limited access to the public at Central Library due to construction. While most of the Lower, Main, and Upper Levels are now open in Q4, this reduced access had significant impacts on user fees and service charges due to the construction projects taking longer than expected. The Library has started selling Merchandise, which will provide additional revenue. The main source of revenue loss projected is from donations: most of the donations received by the Library are restricted rather than for general use. The Central Library construction has also impacted revenue at the Eastside Library, as Central Library staff are using space at the Eastside Library that would normally be rentable space. Despite these challenges, the Library has continued to deliver materials and services through various means, including in-person, virtually, and through the Library on the Go Van, which provides offsite convenient services. Savings in the General Fund for Q3 are due to multiple unexpected vacancies, which are expected to be filled by year end. Required reductions have been met through holding a full-time position vacant.
Parks and Recreation (P&R) Department had Q3 expenditures of $14.1 Million (65% of its annual budget). Following years of drought, the City experienced heavy rain and windy weather conditions throughout the months of January, February, and March 2023. The winter storm of January 9 impacted the P&R Department and its services significantly, as it flooded the Municipal Tennis Center parking lot, courts, and building, and the Bath Street Pocket Park; washed a significant amount of debris onto City beaches; washed away 12 East Beach Volleyball Courts; damaged Parma, Rattlesnake, Cold Spring, and Tunnel Trails; created a small landslide onto the Thousand Steps beach access; and resulted in mudslides at Franceschi Park. Many trees were also damaged, including 54 street and park trees. While some of the damage such as the Municipal Tennis Center building are being addressed through allocated facility costs, the remaining impacts have been absorbed by the General Fund.
Due to several permanent positions held vacant in Q1, P&R achieved FY 2023 required budget reduction targets (1% of expenditure budget), additionally a large portion of savings is due to the reduction in non-contractual services related to the Trapeze Camp and other programs. An important thing to note is that most Recreation programs are pay to play, therefore any revenue shortfall is generally offset by expenditure savings. The Department continues to provide essential services, such as park maintenance to ensure that the community has access to safe and clean open spaces, food distribution and senior meal programs, recreation programming, camps, and affordable activities for youth and adults. Aside from core functions, the P&R Department continues to advance key capital infrastructure planning, design, and construction to ensure safe and accessible conditions.
The Public Works Department (PWD) had expenditures of $7.0 Million, or 61% of its annual budget for FY 2023. Engineering and Land Development vacancies contribute to the large expenditure shortfall in Q3, with some savings due to position turnovers in Administration.
Discretionary spending is being kept at a minimum (use of in-house resources, and through supply reductions), and there is savings from lower than anticipated costs in both Supplies and Services and Special Projects (including environmental compliance for lower abatement needs).
Revenues and expenditures will continue to be closely monitored and staff will provide an update at Q4 of any significant issues if they arise.
The Sustainability & Resilience (S&R) Department had expenditures of $24,187 related to the CalRecycle program that is solely grant funded.
the reduction, reuse and recycling of California resources, environmental education, disaster Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 7 recovery, and the transition from a disposable to a fully circular economy.
The Community Development Department (CDD) had expenditures of $9.8 Million or 62% of its annual budget. If you include encumbrances totaling $477,878 for professional services agreements related to plan checks, building inspections, municipal code codification services, and Human Service Grant Awards, the percentage of funds used is 65%; all encumbrances are expected to be fully exhausted this year. There are significant savings in Salary and Benefits due to the high number of vacancies that the department is actively recruiting for, many of which have now been filled. The department has experienced a high employee attrition rate during the past couple of years. CDD anticipates reaching a healthy 6-8% vacancy rate later this year. If the recommended transfer of $824K to Fund 1030 is approved, the anticipated expenditure savings for CDD would be reduced from $1.2 Million to $375K.
Non-Departmental expenditures include transfers from the General Fund to other funds. Majority of transfers occurring are to the Measure C fund which supports various capital maintenance and improvement projects. Anticipated year-end attrition savings are also recorded here, which helps balance variances achieved. Prior quarter, a transfer of $4.0 Million from the General Fund into the Self-Insurance fund (SIF) was adopted to address the growing underfunded reserves in the SIF. The actuarial recommended reserve level in the SIF grew from $18.3 Million in FY 2022 to $24.4 Million in FY 2023 a $6.1 Million increase. The additional allocations into the SIF in FY 2023 and planned for FY 2024 and beyond are not adequate to bring reserves up to the actuarial recommended level; therefore, staff will consider transferring additional General Fund resources, as available, into the SIF which is allocate additional resources to address the underfunded position, in future budget cycles.
General Fund Reserves Projection
The General Fund, Fund Balance table below summarizes reserve projections for FY 2023, compared to actual reserves from prior years. General Fund has two reserve targets, Disaster Reserves and Contingency Reserves.
General Fund Reserves, Balance Summary
The Disaster Reserve is restricted to use in addressing the financial impacts of natural disasters, such as storms, floods, wildfires, droughts, tsunamis, earthquakes, and any other event that results in significant damage to City facilities and infrastructure or a significant reduction of normal operating revenues. The amount of the required Disaster Reserve is calculated based on 15% of the most recently adopted fiscal year operating expenditure budget.
Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 8 The purpose of the Contingency Reserve is to allow for the orderly implementation of a balancing strategy to address the fiscal impacts of unexpected events to minimize the impacts to the organization and community. The most common of these events would be an economic recession that results in a significant impact on key revenues such as sales, transient occupancy, or property taxes. The Contingency Reserve is calculated based on 10% of the most recently adopted fiscal year operating expenditure budget. This table summarizes General Fund reserve targets of 15% Disaster and 10% Contingency as required by City Council Resolution No. 22-126, which amended Resolution No. 12-066 and rescinded Resolution No. 18-056. Any use of the Disaster or Contingency reserves requires a majority vote of approval by the City Council. Staff will continue to address anticipated changes to reserves based on projections in future quarterly reports to City Council.
The FY 2023 adopted budget required strategic use of a small number of reserves to balance the budget. Reserves were largely replenished by the end of FY 2022; however, they are projected to decline slightly by the end of FY 2023. The SIF is still underfunded based on the actuarial recommended level, which continues to present a burden on the General Fund.
The graph below summarizes the General Fund Reserves since FY 2005, including a projection of ending reserves at the end of FY 2023. The FY 2023 adopted budget appropriated use of $1.0 Million of reserves to balance the budget reduced reserves below policy targets in FY 2023. FY 2023 also includes the use of carryforward appropriation from FY 2022, which is included in the revised budget. Per the City Council revised reserve policy, 50% of the surplus would be allocated to address the ongoing pension costs and liabilities, and the remaining 50% would remain in General Fund reserves to address future budget challenges.
General Fund Reserves, Summary
(FY 2023 are projections, whereas other years are actuals) Enterprise Operating Fund Revenues and Expenses
Unlike the General Fund, that relies primarily on taxes to fund programs and services, Enterprise Funds, also known as Proprietary Funds, are financed primarily from user fees and other non-tax revenues. The Summary of Revenues & Expenses, Enterprise Funds table below reports Enterprise Fund revenues and expenses through March 31, 2023, associated Annual Budget, projected end-of-year actuals and prior year actuals for this same nine-month period.
Encumbrances as of March 31, 2023, are shown separately from expense actuals as the inclusion of encumbrances within actuals can distort trends. Proprietary funds of the City include the Water Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 9 Fund, Wastewater Fund, Airport Fund, Waterfront Fund, Solid Waste Fund, Downtown Parking Fund, Clean Energy Fund, and Golf Fund.
Summary of Revenues & Expenses, Enterprise Funds
Solid Waste Fund
The Solid Waste Fund accounts for refuse revenues received from customers, payments remitted to the trash hauler, and franchise and recycling fees paid by hauler that are used for recycling programs in the City. Solid Waste Revenues are at $25.8 Million at the end of Q3, which aligns with targeted budget. Much of this revenue source is related to Solid Waste service charges ($25.3 Million). The Solid Waste Fund is 3.3% ahead of the prior revenues when comparing the same period (first nine months). Expenditures are $23.9 Million (68.3% of its budget). Staff project to be below budget largely due Marborg compensation, salaries/benefits, and some savings related to professional services. Solid Waste is anticipating increased revenues as the Annual YTD Projected YTD Encumbered YTD %
Budget Actual Year End Percent Actual Variance
Solid Waste Fund
Revenues $34,272,920 $25,802,740 $34,838,346 75.3% $0 $24,973,830 3.3% Expenses 35,032,808 23,915,706 33,890,862 68.3% 924,742 21,331,690 12.1% Add / (Use) Reserves ($759,888) $1,887,033 $947,484 ($924,742) $3,642,140 Water Fund
Revenues 70,492,814 51,903,459 69,842,114 73.6% 0 50,296,311 3.2% Expenses 71,954,226 46,195,188 68,701,712 64.2% 4,823,257 47,886,910 -3.5% Add / (Use) Reserves ($1,461,412) $5,708,271 $1,140,402 ($4,823,257) $2,409,401 Wastewater Fund
Revenues 27,441,554 20,165,426 27,188,918 73.5% 0 19,027,755 6.0% Expenses 28,242,939 19,083,646 27,747,924 67.6% 1,211,683 18,357,815 4.0% Add / (Use) Reserves ($801,385) $1,081,779 ($559,006) ($1,211,683) $669,940 Downtown Parking Fund
Revenues 10,616,997 7,395,703 9,879,330 69.7% 0 5,037,010 46.8% Expenses 10,749,896 7,385,986 10,219,549 68.7% 844,868 5,781,915 27.7% Add / (Use) Reserves ($132,899) $9,717 ($340,219) ($844,868) ($744,905) Clean Energy Fund
Revenues 34,000,000 24,966,910 43,000,669 73.4% 0 5,130,569 100.0% Expenses 33,480,425 25,171,335 38,711,007 75.2% 1,243,866 5,045,319 398.9% Add / (Use) Reserves $519,575 ($204,425) $4,289,662 ($1,243,866) $85,250 Airport Fund
Revenues 27,185,151 18,750,192 26,999,111 69.0% 0 23,641,680 -20.7% Expenses 30,513,124 18,547,996 25,129,155 60.8% 2,684,510 18,739,152 -1.0% Add / (Use) Reserves ($3,327,973) $202,196 $1,869,956 ($2,684,510) $4,902,528 Golf Fund
Revenues 4,042,489 2,938,237 4,089,865 72.7% 0 2,860,096 2.7% Expenses 3,499,658 2,178,339 3,496,494 62.2% 1,129,957 2,060,587 5.7% Add / (Use) Reserves $542,831 $759,898 $593,371 ($1,129,957) $799,509 Waterfront Fund
Revenues 17,036,131 14,062,765 17,930,528 82.5% 0 13,207,764 6.5% Expenses 19,277,251 13,336,210 17,927,843 69.2% 959,765 11,571,647 15.2% Add / (Use) Reserves ($2,241,119) $726,555 $2,685 ($959,765) $1,636,117 * The YTD Budget column has been calculated based on a 3-year average of collections for revenues, and of payments made for expenses through Mar 31, which has been applied to the annual budget.
SUMMARY OF REVENUES & EXPENSES
For the Nine Months Ended March 31, 2023 Fiscal Year 2023
ENTERPRISE FUNDS
Current Year Analysis FY2023 Prior Year FY2022
Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 10 result of higher-than-expected return of excess County landfill reserves, solid waste rate revenue, and interest income revenue.
Water Fund
The Water Fund accounts for the provisions of water services to the residents of the City and some residents of the County. Through the first nine months of FY 2023, Water Fund revenues have totaled approximately $51.9 Million, or 73.6% of its adopted budget, which includes anticipated seasonal variance in revenues related to higher water demand in summer months.
Due to recent storm events, there was a slight shift in water use and because of this, staff anticipate a decrease of 3.8% in rate revenue by year end.
Expenditures ended Q3 at 64.2% of its annual budget, excluding encumbrances, or approximately $46.2 Million. Encumbrances (committed actuals) of $4.8 Million bring expenditures up to 70.9% of annual budget, which includes contracted services to be expended throughout the year. Largely due to vacancies and Special Projects (emergency pumping barge), staff anticipates expenditures to be under budget by $3.3 Million. Given the plentiful rainfall this year staff are no longer anticipating the need to purchase water this year.
Wastewater Fund
The Wastewater Fund accounts for the provision of sewer services to the residents of the City and some residents of the County. Q3 revenues are on target at $20.2 Million (73.5% of its annual budget). Only a portion of Wastewater rates depend on water usage, which explains why there is less variability in Wastewater rate revenue when compared to Water rate revenue. Various other revenue sources such as interest income, sewer tap fees, pre-treatment analysis, and Fats-OilsGrease (FOG) disposal fees experienced small variances that contributed to the overall balance of revenues.
Expenditures are below budget at $19.1 Million (67.6% of its annual budget). Encumbrances of $1.2 Million bring expenditures up to 71.9% of annual budget. The timing of payments for services and/or obligations account for most variances seen at Q3. Staff turnover continues to drive savings, as does lower than anticipated contracted lab support, reduction in facilities maintenance, and reduced participation in the video assistance program.
Downtown Parking Fund
Downtown Parking Fund accounts for the provision of parking services in the downtown area of the City. All activities necessary to provide such services are accounted for in this fund including, but not limited to, administration, operations, maintenance, billing and collection of fees, capital acquisition, construction, and financing and related debt service. At Q3, actual revenues for Downtown Parking are approximately $7.4 Million or 69.7% of its annual budget. Service charges are down slightly, mainly due to difficulty staffing hourly lots for self-service in the mornings and decreased demand. Increased hourly parking fees coupled with minimal on-street enforcement may encourage street parking; the decrease in service charges is partially offset by increased monthly parking revenue. Other revenue factors include the Parking and Business Improvement Area (PBIA) assessment exceeding projected budget by nearly $144,000, due to stronger business activity Downtown. Conversely, Intergovernmental revenue had a shortfall of approximately $41,000 due to staffing shortages within the Crossing Guard Program.
Overall expenditures for Q3 are $7.4 Million, or 68.7% of its annual budget. Continued vacancies, including a Parking Supervisor, Parking Resources Specialist, and Parking Maintenance Coordinator, contribute to much of these savings. Savings in Supplies and Services, and Special Projects are mainly due to unspent encumbrances of approximately $844,868 that are anticipated Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 11 to be largely expended by year end. Additional savings are anticipated related to the PBIA assessment study that remains on hold because changes to the State Street Promenade make it difficult to assess the benefits to Downtown businesses based on proximity to the parking facilities.
Clean Energy Fund
The Clean Energy Fund accounts for the cost to procure clean and renewable electricity on behalf of the Santa Barbara Community. The Santa Barbara Clean Energy Fund began operation in October 2021 and started receiving revenue in Q2 FY 2022. Revenues are typically recorded one-month in arrears, so while a typical Q3 report would have nine months of activity, this report only contains eight months of activity. Through eight months, revenues are approximately 75% of budget, which is trending above projection. The energy rates that SBCE charges customers are tied to the rates that Southern California Edison (SCE) charges customers (a slight 1.6 cent per kilowattrecently, SCE instituted a substantial rate increase in February and plans another increase to go into effect June 2023. surpassing its budgeted
revenues perhaps by as much as $9.0 Million.
Expenditures for the SBCE Fund through Q3 are approximately $25.2 Million or 75.2% of the budget. There has been significant volatility in the cost of energy in the open market, which led to large one-time increases in September and December. At this point, staff believe expenditures at year end will surpass the budget by roughly $5.2 Million. The combined effect of the increases in revenue and expenditures means that SBCE is projected to enjoy a significant positive variance at year end, which will help bolster reserves of this young fund.
Airport Fund
The Airport Fund accounts for the operation of the municipal airport and the administration of leases of airport property. The Airport Department continues to see a sustained level of commercial airline passenger activity since the beginning of summer in June 2022. Commercial passenger counts hit a new monthly record of 120,000 in October 2022 and just saw the highest February passenger count ever with 96,000 monthly passenger count. Weather related and technical nationwide issues with Southwest Airlines contributed to the sharp decline in December and January passenger counts. Commercial/industrial lease revenue is behind projection due to unfilled Property Division vacancies needed to support necessary workload, but terminal revenue sources show positive trend (ground transportation, rental cars, and parking). Commercial Aviation revenue is trending below budget but should be closer to budget by fiscal year end. Total revenue collected through March 31, 2023, is approximately $18.8 Million or 69% of its annual budget.
Total Airport expenses of $18.5 Million and $2.7 Million in encumbrances encompass 69.6% of its annual budget. The airport is actively recruiting to fill vacancies to ensure operational needs are met. The Airport is seeking additional appropriations to support the Parking Program, which They are also seeking authorization to
reprogram existing appropriations to support the replacement of two terminal boilers, HVAC system repair, and internet fiber installation.
Golf Fund
The Golf Course Fund accounts for the operation of the municipal golf course. All activities necessary to provide such services are accounted for in this fund including, but not limited to, administration, operations, maintenance, capital acquisition and construction, financing and related debt service, and billing and collection of fees. At Q3, actual Golf revenues are $2.9 Million Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 12 or 72.7% of its annual budget. Paid rounds and concession performance are projected to exceed budget this fiscal year. Despite the rainy weather experienced in Q3, the golf course is experiencing high use of the facility and is on target to achieve 64,295 paid rounds of golf which is 2% (1,679 rounds) ahead of budget. Mulligans, the golf course restaurant concessionaire, continues to perform well as the department projects 9.6% in additional revenue above budget.
As a result of achieving budget, the City anticipates that the operator will receive an incentive fee for a third consecutive year.
Expenditures at Q3 are $2.2 Million (62.2% of annual budget), which is consistent with projected levels. Encumbrances of $1.1 Million for contracted services will be spent by the end of the fiscal year. The Department requests to utilize $412,399 of Golf Fund Reserves to pay the Golf Safety Improvement Master Plan Loan in full. The current amount of revenue in the Golf Fund reserves is $1.5 Million above Reserve Policy requirements, and the Department is projected to return $593,371 to the Reserve by the end of FY 2023.
Waterfront Fund
The Waterfront Fund accounts for the operation of the City managed waterfront that includes a expenditures
for Q3 of FY 2023 show signs of business recovery. Actual revenues for Q3 are $14.1 Million or
82.5% of its annual budget. Slip Permit Transfer Fees are down 23.75% when compared to the prior year. A total of 63 transfers took place in Q3 representing $890,775 in revenue. Commercial and Food Service Lease revenues (including both Stearns Wharf and the Harbor) are both up compared to last year. Parking revenue is up approximately 11.62% ($305,422) versus last year.
Staff are projecting to exceed FY 2023 budgeted revenues by nearly $895,000 or 5%.
Actual expenditures for Q3 are $13.3 Million (69.2% of annual budget) and encumbrances are $959,765, collectively representing 74.2 Salaries and
Benefits finished slightly below budget for Q3. The savings are the result of numerous positions being held vacant. As of March 31, 2023, Waterfront operations are forecasting expenditure savings of over $1,350,000.
The Waterfront Department incurred approximately $2.5 Million in costs because of the January 2023 storms and swell events. As a result, the Department made use of reserves to cover these costs and acted quickly to make repairs and cleanup. As an Emergency Declaration was declared at the Federal, State, and Local levels, it is the intent of the Waterfront to go after all available reimbursement funding options. The Waterfront is actively working with other City departments seek reimbursement from FEMA.
Enterprise Operating Funds: Year-End Projected Reserves The Enterprise Operating Funds, Reserves table below summarizes the anticipated impact on reserves in each major enterprise fund at the end of FY 2023 compared to policy reserve targets.
Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 13 Enterprise Operating Funds, Reserves
For FY 2023, all enterprises aside from Clean Energy and Downtown Parking, are anticipated to have a funded position. It was mentioned Q2 that the Clean Energy fund would propose a reserve policy, this occurred and was adopted December 8, 2022, by Resolution No. 22-126. This policy noted that the Solid Waste and Clean Energy Enterprise Operating Funds shall utilize the contingency reserve to buffer a significant loss in revenue or the impacts of significant rate increases, and the use of these reserves should be considered one-time revenue as future rates will need to be adjusted to address any ongoing expense increases.
Interdepartmental Services Operating Fund Revenues and Expenses The City has established internal service funds for centralized services that provide support across most or all funds and departments. These functions primarily include Fleet, Facilities, Risk Management, Creeks, and Information Technology. The interim quarterly reports would typically departments and funds, as major
changes typically do not occur during the year.
Self-Insurance Fund
The City purchases insurance policies to cap its exposure to loss for specific hazards. The SIF accumulates revenues through an annual allocation from departments as an expenditure to each department. The SIF then funds renewals for insurance coverage for claims that may arise, and to cover salaries/benefits of staff administering the program.
The SIF has had and is projected to have challenges in receiving adequate annual allocations to the fund from operating departments and not having adequate reserves in the fund to pay future claims. The cost to the City to retain existing property, excess general liability, and other insurance programs has increased substantially over the years. Liability coverage has become more expensive across the nation due to various substantial claims; notable claims related to law enforcement and droughts and wildfires in the Western United States and California included.
The adopted budget included additional allocations into the SIF to begin to increase reserves to achieve the actuarial recommended level over the next nine years. Expenditures of $10.1 Million represent 71% of total budgeted expenditures through Q3; however, multiple, active claims and other litigation will result in claim payments by the end of FY 2023. Staff anticipate total claim payments to exceed the expenditure budget in FY 2023. Staff will monitor claim payment activity and will likely request a budget adjust during Q4 to increase expenditure appropriation by using reserves.
Fiscal Year 2023 Interim Financial Statements
For the Nine Months Ended March 31, 2023 (75% of Year Elapsed) 14 The most current actuarial report recommended a SIF balance of $24.1 Million by the end of FY 2023, a $5.8 Million increase from the prior fiscal year.
On November 16, 2021, staff presented an overview to the Finance Committee of major changes anticipated in the insurance industry, budget considerations for FY 2022 and FY 2023, and substantial increases to operating department allocations into the SIF to ensure ongoing premium and claim payments costs can be met, and adequate reserves are achieved. The Finance Committee unanimously supported implementing a plan to gradually increase allocations into the SIF over the next nine fiscal years to achieve target reserves at or near the actuarial recommended level. Staff built these allocation increases into the FY 2023 budget.
Staff proposed a $4.0 Million transfer from the General Fund into the SIF by the end of FY 2023.
This action was adopted during Q2 and will help stabilize the SIF reserves further to fund the and reduce future funding challenges.
The graph below, Self-Insurance Fund, Actuarial Recommendation, shows the actuarial recommended reserve, the actual/projected cash in the SIF over the past 12 years, and the gradual/substantial reduced reserve levels in recent years.
Self-Insurance Fund, Actuarial Recommendation
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
Self-Insurance Fund
Actuarial Recommended Reserve vs. Actual/Projected Cash Total Actuarial Recommended Reserve Cash Held in SIF
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
GENERAL FUND (Fund 1000)
$ - (57,249) $ 57,249 $
$ - 57,249 $ (57,249) $
$ - (823,566) $ 823,566 $
$ - 823,566 $ (823,566) $
$ -
Increase revenue and expense appropriation; new contract with Sanctuary Centers to stage construction materials at Spencer Adams Parking lot $ 6,760 6,760 $ - $
Total General Fund (1000) 6,760 $ 6,760 $ - $
GPU 1030 Fund (Fund number 1030)
Approve a transfer in of $823,566 from the Community Development General Fund to the General Plan Update Fund (1030). The General Plan Update Fund has a negative cash balance as a result of expenditures incurred during the last General Plan update. The transfer will resolve the negative cash balance. $ 823,566 - $ 823,566 $
Total GPU 1030 Fund (Fund number 1030) - $ 823,566 $ 823,566 $
SPECIAL REVENUE FUNDS
FEMA Disaster Fund (2707)
Increase appropriations for remaining litigation expenses related to the business interruption insurance claim related to the Thomas Fire. $ (15,000) 15,000 $
Total FEMA Disaster Fund (2707) 15,000 $ - $ (15,000) $ FEMA COVID-19 Fund (2709)
Increase estimated revenues in FEMA reimbursements and increase appropriations in professional services by $15,000 for FEMA Disaster Fund for final AG Witt invoices related to cost recovery efforts $ 15,000 15,000 $ - $ Total FEMA COVID-19 Fund (2709) $ 15 15,000 $ - ,000 $
Parks and Recreation Miscellaneous Grants Fund (2860)
Increase revenue and expense appropriation for final disbursement of Hann Trust $ 2,836 2,836 $ - $ Total Parks and Recreation Miscellaneous Grants Fund (2860) 2,836 $ 2,836 $ - $ Increase/decrease appropriations to transfer out of $823,566 from the Community Development General Fund from salary & benefit savings to the General Plan Update Fund (1030). The General Plan Update Fund has a negative cash balance as a result of expenditures incurred during the last General Plan update. The transfer will resolve the negative cash balance.
City of Santa Barbara
Fiscal Year 2023 Financial Statements for the Nine Months Ended Mar 31, 2023 Schedule of Proposed Third Quarter Budget Adjustments
Repurpose existing appropriations of $57,249 in ARPA Covid testing for Employee Wellness Program.
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
SPECIAL REVENUE FUNDS (Continued)
Capital Outlay Fund (3000)
$ - (100,000) $ 100,000 $
$ - 100,000 $ (100,000) $
$ - (125,000) $ 125,000 $
$ - 125,000 $ (125,000) $
$ - (175,000) $ 175,000 $
$ - 175,000 $ (175,000) $
Total Capital Outlay Fund (3000) - $ - $ - $
Measure C Capital Fund (3010)
The FY2023 Measure C budget includes appropriations for the annual debt service payment for the new Police Building.
The timeline has extended, and the first debt issuance payment is not anticipated until FY2025. So the FY2023 expenditure appropriation can be deappropriated. Staff has programmed these funds in the City Administrator's FY2024 recommended budget.
$ - (4,168,880) $ 4,168,880 $
$ - (30,000) $ 30,000 $
$ - 30,000 $ (30,000) $
$ - (600,000) $ 600,000 $
$ - 600,000 $ (600,000) $
$ - (101,385) $ 101,385 $
$ - 101,385 $ (101,385) $
Total Measure C Capital Fund (3010) (4,168,880) $ - $ 4,168,880 $ Streets Grant Capital Fund (3410)
Increase revenue and expenditure appropriations for the newly awarded Las Positas Rd and Stanley Drive project, funded by Highway Safety Improvement Program grant funds, for the preliminary engineering phase of the intersection of Las Positas and Stanley Drive to replace rectangular rapid flash beacons, intersection lighting, and pedestrian refuge island. $ 90,000 90,000 $ - $
Increase revenue and expenditure appropriations for the newly awarded grant for the De La Vina & Valerio project, funded by Highway Safety Improvement Program grant funds, for the preliminary engineering phase of the intersection of De La Vina and Valerio for curb extensions, signs, and markings to increase pedestrian visibility. $ 13,500 13,500 $ - $
Increase revenue and expenditure appropriations for the Mission and State Lighting Project, funded by Highway Safety Improvement Program, for the Preliminary Engineering phase to cover the additional cost of lighting for dedicated turn lanes on southbound State Street at Mission Street.
$ 20,000 20,000 $ - $
Increase revenue and expenditure appropriations in the amount of $1,236,764 for the Carpinteria Street Bridge Replacement Project, funded by Highway Bridge Program funds, for the preliminary engineering and right of way phases. $ 1,236,764 1,236,764 $ - $ Increase revenue and expenditure appropriations for the Westside and Lower Westside Neighborhood Active Transportation Plan Implementation, funded by newly awarded Active Transportation Program grant funds, for the Project Approval & Environmental Documents phase to provide active transportation routes to disadvantaged school and completes network gaps.
$ 1,925,000 1,925,000 $ - $
Increase revenue and expenditure appropriations in the Milpas Street Crosswalk Safety and Sidewalk Widening Project, funded by the newly awarded Active Transportation Program grant funds, for the Project Approval & Environmental Documents phase that will create a safe corridor for active transportation users by widening sidewalks, installing curb extensions, lighting, and accessibility at intersections. $ 1,000,000 1,000,000 $ - $
Move $100,000 in ARPA appropriations from Eastside Neighborhood Park Community Garden Project to fund the Plaza Del Mar Band Shell Project
Allocate existing expenditure appropriations of $30,000 from the Measure C Overlays project, which is experiencing savings with projects coming in under budget, to the Modoc Multiuse Path Extension to supplement the project for overlay and paving expenses that are higher than projected.
Allocate existing expenditure appropriations of $600,000 from the Measure C Overlays project, with savings from projects coming in under budget, to the De La Vina at Vernon St. Bridge project to supplement real property acquisition expenses this fiscal year.
Move expenditure appropriations in the Measure C Capital Fund already appropriated for equipment purchases, to allocate funds for a new paving roller for ongoing production paving projects.
Move $125,000 in ARPA appropriations from Oak Park Dance Floor replacement to fund the Plaza del Mar Bandshell.
Move $175,000 in ARPA appropriations from Park Major Turf & Irrigation Renewal to fund the Plaza del Mar Bandshell.
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
SPECIAL REVENUE FUNDS (Continued)
Increase revenue and expenditure appropriations for the Cliff Drive, Urban Highway to Complete Street, Transformation Project, funded by the newly awarded Active Transportation Program grant funds, for the Project Approval & Environmental Documents phase to construct a 3.1 mile long multiuse path and 11 new crosswalks along Cliff Drive. $ 1,920,000 1,920,000 $ - $
Total Streets Grant Capital Fund (3410) 6,205,264 $ 6,205,264 $ - $
ENTERPRISE FUNDS
Water Operating Fund (5000)
Increase expenditure appropriations in the amount of $2,000,000 from the Water Fund Reserves to transfer to the Water Capital Fund for a contract change order for the Desal Conveyance, to cover additional work outside of the original contract caused by unforeseen underground conditions.
$ - 2,000,000 $ (2,000,000) $
Increase expenditure appropriations in the amount of $50,000 from the Water Fund reserves to transfer to the Water Capital Fund, for additional costs incurred in the Ground Water Development project due to the restart of the Aquifer Storage Recovery Pilot project.
$ - 50,000 $ (50,000) $
$ -
Total Water Operating Fund (5000) 2,050,000 $ - $ (2,050,000) $ Water Capital Fund (5010)
Increase revenue and expenditure appropriations in the amount of $2,000,000 for a contract change order for the Desal Conveyance main contractor, funded from Water Fund reserves, to cover additional work outside of the original contract caused by unforeseen underground conditions.
$ 2,000,000 2,000,000 $ - $
Increase revenue and expenditure appropriations in the amount of $50,000, funded from the Water Fund reserves, for additional costs incurred in the Ground Water Development project due to the restart of the Aquifer Storage Recovery Pilot project.
$ 50,000 50,000 $ - $
Reduce existing expenditure appropriations in the Main Replacement project due to staffing shortages, and allocate the funds to the Main Replacement reserve for future water main replacement efforts. $ - (5,126,432) $ 5,126,432 $ Total Water Capital Fund (5010) (3,076,432) $ 2,050,000 $ 5,126,432 $ Wastewater Operating Fund (5100)
Increase expenditure appropriations in the amount of $500,000 from the Wastewater Operating Fund reserves to transfer to the Wastewater Capital Fund to cover the cost of increasing material costs and the additional cost of contractor support resulting from staff shortages.
$ - 500,000 $ (500,000) $
Total Wastewater Operating Fund (5100) 500,000 $ - $ (500,000) $ Wastewater Capital Fund (5110)
$ 500,000 - $ 500,000 $
$ - 500,000 $ (500,000) $
Total Wastewater Capital Fund (5110) 500,000 $ 500,000 $ - $ SB Clean Energy Fund (5500)
Increase estimated revenues and appropriations by $5,500,000. Electrical Energy Costs - the volatility in the price of electrical energy in the spot energy markets means SBCE has experienced significant increases in cost, and necessitates additional appropriations. Midyear rate increases anticipated means those additional appropriations will be covered by increased estimated revenues.
$ 5,500,000 5,500,000 $ - $
Total SB Clean Energy Fund (5500) 5,500,000 $ 5,500,000 $ - $ Golf Course Fund (5600)
Increase appropriations from reserves to pay off the Golf Fund Safety Improvement Master Plan loan to the General Fund. 412,399 $ - $ (412,399) $ Total Golf Course Fund (5600) 412,399 $ - $ (412,399) $ Increase revenue and expenditure appropriations in the amount of $500,000 for the Sanitary Sewer Overflow Compliance program, funded from Wastewater Operating Fund reserves, to cover the cost of increasing material costs and the additional cost of contractor support resulting from staff shortages.
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
ENTERPRISE FUNDS (Continued)
Airport Operating Fund (5700)
Appropriate $120,000 from reserves to support the parking program. $ - 120,000 $ (120,000) $ Reprogram existing appropriations from the Terminal Expenses Project to the Lessee Building Maintenance Project and appropriate an additional $67,242 transfer from reserves. $ - 67,242 $ (67,242) $ Increase appropriations and estimated revenues by $53,000 from a transfer in from the Capital fund for the internet fiber installation. $ 53,000 53,000 $ - $
Total Airport Operating Fund (5700) 240,242 $ 53,000 $ (187,242) $ Airport Capital Fund (5710)
$ - 67,242 $ (67,242) $
$ 67,242 - $ 67,242 $
$ - (53,000) $ 53,000 $
$ - 53,000 $ (53,000) $
Total Airport Capital Fund (5710) 67,242 $ 67,242 $ - $ Waterfront Operating Fund (5800)
Use of operating reserves to transfer to the capital fund for the boat replacement program 100,000 $ - $ (100,000) $ Total Waterfront Operating Fund (5800) 100,000 $ - $ (100,000) $ Waterfront Capital Fund (5810)
Use of operating reserves to transfer to the capital fund 100,000 $ 100,000 $ - $ Total Waterfront Capital Fund (5810) 100,000 $ 100,000 $ - $
INTERNAL SERVICE FUNDS
Self Insurance Fund (6100)
Increase expenditure appropriation for General Liability claim payments projected through the end of FY2023 using available Self-Insurance Fund reserves. $ (550,000) 550,000 $ Increase expenditure appropriation for Worker's Compensation claim payments projected through the end of FY2023 using available Self-Insurance Fund reserves. $ (500,000) 500,000 $ Total Self Insurance Fund (6100) 1,050,000 $ - $ (1,050,000) $ Fleet Replacement Fund (6410)
Increase revenue and expenditure appropriations in the Fleet Replacement Fund, funded by an allocation in the Measure C Capital Fund already appropriated for equipment purchases, to purchase a new paving roller for ongoing production paving projects.
$ 101,385 101,385 $ - $
Total Fleet Replacement Fund (6410) 101,385 $ 101,385 $ - $ Increase/Decrease appropriations by $53,000 to transfer out to the Operating Fund for the internet fiber installation.
Appropriate $67,242 from a transfer in from the Airport Operating Fund to the Lessee Building Maintenance Project.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Treasury Division, Finance Department
SUBJECT: April 2023 Investment Report
RECOMMENDATION:
That Council accept the April 2023 Investment Report.
DISCUSSION:
The attached investment report includes Investment Activity, Interest Revenue, a Summary of Cash and Investments, and Investment Portfolio detail as of April 30, 2023.
ATTACHMENT: April 2023 Investment Report
PREPARED BY: Salvatore Parrilla, Treasury Analyst
SUBMITTED BY: Lyndsay Maas, Assistant Finance Director
APPROVED BY: City Administrator's Office
Agenda Item No. 8
File Code No. 260.02
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
SUBJECT: Grant of Easement for Access and Other Purposes for the Benefit of 821 State Street [Agreement]
RECOMMENDATION:
That Council authorize the City Administrator to execute an easement deed or agreement, in a form approved by the City Attorney, conveying a non-exclusive easement for access for ingress, egress, solid waste disposal, utilities, and other purposes within specified existing public access corridors in Paseo Nuevo for the benefit of property at 821 State Street.
DISCUSSION:
The Housing Authority is facilitating development of a fully permitted mixed-use at 821 State Street. The project, which is under construction, will retrofit and convert a 2-story commercial building to mixed-use with 14 workforce housing units in 7,725 square feet of residential space along with 8,957 square feet of commercial space. An easement over existing public access corridors within Paseo Nuevo is necessary for financing and occupancy of the project. The City has the reserved right under the First Amendment to Ground Lease for Paseo Nuevo to grant access easements, service easements, sewer and other utility easements, and refuse easements to contiguous owners as specified in the lease amendment. The access easements are all within existing pedestrian and service corridors within Paseo Nuevo. The refuse easement authorizes use of the existing refuse collection area and facilities. The proposed easement has been approved by the City Attorney’s Office as consistent with the City’s reserved rights and meets the needs for the development at 821 State Street. A diagram showing the general easement area is attached. A copy of the draft easement is on file in the City Attorney’s Office.
ATTACHMENT: Easement Diagram
PREPARED BY: Daniel S. Hentschke, Assistant City Attorney SUBMITTED BY: Sarah J. Knecht, City Attorney
APPROVED BY: City Administrator's Office
Agenda Item No. 9
File Code No. 330.03
ATTACHMENT
-1-
RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
2 nd Story 821 State LLC
c/o 2nd Story Associates
808 Laguna Street
Santa Barbara, CA 93101
(Space above for recorder's use only)
EASEMENT AGREEMENT
THE UNDERSIGNED GRANTOR(S) DECLARES(S): DOCUMENTARY TRANSFER TAX IS $0.00 ( x ) Value less than $100.00
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: County of Santa Barbara
( x ) City of Santa Barbara
_____________________________________________________________________________________ APN 037-400-002
APN 037-400-009
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into as of the ____ day of May, 2023, by and between THE CITY OF SANTA BARBARA, a municipal corporation ("City") and 2 nd Story 821 State LLC, a California limited liability company (the "Contiguous Owner").
RECITALS
A. City is the owner of that certain real property located in the City of Santa Barbara, County of Santa Barbara, State of California, more particularly described in Exhibit "A" attached hereto (“City Parcel”).
B. Pursuant to that certain Ground Lease, dated February 4, 1989 (“Ground Lease”), Paseo Propco, LLC, a Delaware limited liability company (“Developer”) is the ground lessee of the City Parcel.
C. The City Parcel is currently developed and maintained as a shopping center commonly referred to as Paseo Nuevo Shopping Center (“Shopping Center”).
D. Contiguous Owner is the fee owner of that certain real property located in the City of Santa Barbara, County of Santa Barbara, State of California, more particularly described in Exhibit "B" attached hereto ("Contiguous Parcel"). The Contiguous Parcel is located adjacent to the City Parcel.
E. Pursuant to that certain First Amendment to Ground Lease, dated February 24, 1989, (“First Amendment”) City, by and through the Redevelopment Agency of the City of Santa Barbara of which City is the successor agency, reserved the right to grant nonexclusive easements over limited portions of the City Parcel to Contiguous Owner, subject to the terms and conditions of the First Amendment.
F. City desires to grant Contiguous Owner certain easements over portions of the City Parcel in accordance with the Ground Lease, REA and First Amendment, on the terms and conditions set forth below.
ATTACHMENT
-2-
NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements of the parties contained herein, City and Contiguous Owner hereby agree as follows:
ARTICLE 1. GRANT OF EASEMENTS
1.1 Grant of Access Easement. City hereby grants to Contiguous Owner, for its use and the use of its tenants, employees, and invitees, a non-exclusive easement ("Access Easement") over that certain portion of the City Parcel described in Exhibit “C” and depicted in Exhibit “D” attached hereto for pedestrian ingress and egress to and from the Contiguous Parcel and the passage and accommodation of pedestrians, subject to the terms and conditions of this Agreement.
1.2 Grant of Service Easement. City hereby grants to Contiguous Owner, for its use and the use of its tenants, employees, and invitees, a non-exclusive easement ("Service Easement") over that certain portion of the City Parcel described in Exhibit C and depicted in Exhibit D for transportation and delivery of goods and services to and from the Contiguous Parcel subject to the terms and conditions of this Agreement. With respect to any Service Easement over the City Parcel to and from the Contiguous Parcel to De La Guerra Place, the hours during which such Service Easement may be used shall be mutually agreed upon by Developer, the Contiguous Owner and the Transportation Engineer of the City of Santa Barbara in accordance with those certain Conditions of Approval for the Downtown Retail Revitalization Project, Paseo Nuevo, adopted by City Council of Sant Barbara on May 26, 1987 “Conditions of Approval”).
Developer shall have the right to temporarily close service access to De La Guerra Place during special events in the Shopping Center in accordance with the Conditions of Approval.
1.3 Grant of Sewer Line Easement. City hereby grants to Contiguous Owner, for its use and the use of its tenants, employees, and invitees, a non-exclusive easement ("Sewer Line Easement") over that certain portion of the City Parcel described in Exhibit C and depicted in Exhibit D for the installation, maintenance, repair and connection of sewer lines and laterals (“Sewer Line”) from the Contiguous Parcel to the private line constructed and installed on the City Parcel, subject to the terms and conditions of this Agreement. Contiguous Owner shall be responsible for all costs and charges imposed by the City of Santa Barbara (“City Sewer Charge”) for use of the Sewer Line. If the City Sewer Charge is not included in the water service charge imposed by the City of Santa Barbara, Contiguous Owner shall pay a proportionate share of the City Sewer Charge imposed by the City of Santa Barbara for use of the Sewer Line. At any time during the term of the Ground Lease, Developer shall have the right to relocate the Sewer Line on the City Parcel. Any such relocation shall be performed only after Developer has given Contiguous Owner thirty (30) days written notice of its intention to relocate. Any such relocation shall not (i) materially interfere with or diminish sewer service to Contiguous Owner, (ii) reduce or unreasonably impair the usefulness or function of the sewer service, and (iii) shall be performed without cost or expense to Contiguous Owner. The parties hereto agree to execute any documents that may be reasonably necessary to evidence the relocation of the Sewer Line and the Sewer Line Easement. Developer shall have the right to dedicate the Sewer Line to the City of Santa Barbara. From and after the date of acceptance by the City of Santa Barbara of such dedication, Developer shall be relieved from all further rights, duties and obligations with respect to the Sewer Line.
1.4 Grant of Utility Easement. City hereby grants to Contiguous Owner and the appropriate public utilities providing cable television, gas, water, telephone, internet, and electrical service to improvements located on the Contiguous Parcel a non-exclusive easement ("Utility Easement") over that certain portion of the City Parcel described in Exhibit C and depicted in Exhibit D for the installation, placement, operation, maintenance, flow, and passage of pipes, conduits, cables, mains, lines, and related equipment (collectively, “Utility Lines”) providing such utilities, subject to the terms and conditions of this Agreement. Each public utility providing utility service shall be responsible for maintenance and repair of the Utility Lines. The location of all Utility Lines installed pursuant to the Utility Easement after the date
ATTACHMENT
-3-
of this Agreement shall be subject to the prior written approval of Developer, which shall not be unreasonably withheld. Developer shall have the right to relocate Utility Lines on the City Parcel at any time during the term of the Ground Lease provided that any such relocation (i) shall not materially interfere with or diminish the utility service to the grantee of such Utility Easement; (ii) shall be performed in a manner so as to cause the least practical interference with the operation of the improvements located on the Contiguous Parcel; and (iii) shall be performed without cost or expense to Contiguous Owner. Contiguous Owner agrees to execute any document reasonably necessary to evidence the relocation of the Utility Lines and the Utility Easement.
1.5 Refuse Storage Easement. City hereby grants to Contiguous Owner, for its use and the use of its tenants, employees, and invitees, a non-exclusive easement ("Refuse Storage Easement") over that certain portion of the City Parcel described in Exhibit C and depicted in Exhibit D for the use of a refuse collection and storage area, together with dumpsters, refuse compactors, cardboard balers, and related equipment located therein, as well as ingress and egress to and from the Contiguous Parcel to the Refuse Storage Area, subject to the terms and conditions of this Agreement. The use of the Refuse Storage Area by Contiguous Owner and its tenants, employees, and invitees shall be subject to such reasonable and nondiscriminatory rules and regulations as may be established for the use thereof from time to time by Developer ("Refuse Storage Rules and Regulations"). Developer shall have the right to modify the Refuse Storage Rules and Regulations at any time; provided, however, that such modifications shall not deprive Contiguous Owner of the easements granted hereunder to use the Refuse Storage Area or the Refuse Access Easement.
1.5.1 Operation of Refuse Storage Area. Contiguous Owner acknowledges that its use of the Refuse Storage Area will be in common with the owners and tenants of adjacent real property, including Developer and the occupants of the City Parcel. Developer shall maintain the Refuse Storage Area in good and clean condition to the extent possible. Developer shall also keep all equipment in the Refuse Storage Area in reasonably good operating condition and, when necessary, shall repair and replace such equipment.
Notwithstanding the foregoing, if the Refuse Storage Area is damaged as a result of any act by Contiguous Owner or its tenants, employees, or invitees, Contiguous Owner shall reimburse Developer for all costs and expenses incurred by Developer in connection with the repair of such damage. Developer shall arrange for disposal of all refuse deposited in the Refuse Storage Area by the users thereof with the appropriate refuse disposal companies. The cost of (i) maintenance of the Refuse Storage Area, (ii) insurance premiums for the insurance required to be maintained by Developer on the Refuse Storage Area, (iii) maintenance, repair and replacement or rental of any equipment used in the Refuse Storage Area, (iv) disposal of the refuse deposited in the Refuse Storage Area, and (v) restoration of the Refuse Storage Area and repair and replacement of any equipment in the Refuse Storage Area after damage and destruction to the extent insurance proceeds are not available or are not sufficient for such restoration (collectively, "Refuse Storage Area Costs") shall be allocated among the users of the Refuse Storage Area. Developer shall be responsible for collection of the Refuse Storage Area Costs from each user and payment of the Refuse Storage Area Costs to each supplier of services and equipment therefor.
1.5.2 Payment of Refuse Storage Area Costs. Contiguous Owner shall pay Contiguous Owner's Proportionate Share (as defined below) of the Refuse Storage Area Costs on a monthly basis on the first day of each and every month commencing with the first month of the term of this Agreement or portion thereof. Contiguous Owner's Proportionate Share of Refuse Storage Area Costs shall be equal to the proportion that the square footage of the Contiguous Parcel bears to the total square footage of all parcels entitled to use the Refuse Storage Area ("Proportionate Share"). Contiguous Owner's Proportionate Share shall be increased or decreased from time to time to reflect any increase or decrease in the square footage the parcels entitled to use the Refuse Storage Area. Developer shall have the right to estimate the monthly Refuse Storage Area Costs. Within sixty (60) days after the commencement of each calendar year, Developer shall provide Contiguous Owner with its good faith estimate of Contiguous Owner's
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Proportionate Share of the monthly Refuse Storage Area Costs that will be incurred during such calendar year. Thereafter, for the remainder of such calendar year and until Developer delivers a revised estimate of Contiguous Owner's Proportionate Share, Contiguous Owner shall pay to Developer, on a monthly basis, the amount of the Contiguous Owner's estimated Proportionate Share. Within sixty (60) days after the end of each calendar year, Developer shall provide Contiguous Owner with a statement showing the actual Refuse Storage Area Costs incurred by Developer during the preceding calendar year and the actual amount of Contiguous Owner's Proportionate Share thereof ("Annual Statement"). If the Annual Statement shows that Contiguous Owner's Proportionate Share has been overpaid, Developer shall refund such overpayment to Contiguous Owner with the Annual Statement. If the Annual Statement shows that Contiguous Owner's Proportionate Share for the preceding calendar year has been underpaid, Contiguous Owner shall pay the amount of such underpayment to Developer within five (5) days after receipt of the Annual Statement.
Contiguous Owner shall be responsible for payment of its Proportionate Share of the Refuse Storage Area Costs directly to Developer, City, or such other party as may then be operating the Refuse Storage Area.
1.5.3 Permitted Use. Contiguous Owner covenants that it will not use, or permit its tenants, employees or invitees to use, the Refuse Storage Area for any purpose other than the disposal of refuse from the Contiguous Parcel. Disposal of refuse from improvements other than from the Contiguous Parcel is expressly prohibited. Contiguous Owner covenants that it shall not in any way obstruct or permit the obstruction of any portion of the Refuse Storage Area and shall comply with the non-discriminatory Refuse Storage Rules and Regulations promulgated by Developer hereunder in its use of the Refuse Storage Area and the Refuse Access Easement.
1.5.4 Insurance. Developer shall maintain, as part of its insurance policy for the improvements to be constructed on the City Parcel, comprehensive general liability insurance and property damage insurance covering the Refuse Storage Area and the Refuse Access Easement. Developer shall allocate, on an equitable basis, the portion of the premium for such insurance applicable to the Refuse Storage Area and the Refuse Access Easement, and such portion of the premium shall be included within the Refuse Storage Area Costs. Such liability insurance shall name Contiguous Owner as an additional insured. In the event of any damage or destruction to the Refuse Storage Area, Developer shall restore the Refuse Storage Area to the extent of the insurance proceeds received by Developer for such restoration, repair or replacement. In the event that the insurance proceeds are not sufficient, or if there are no insurance proceeds because the damage was caused by an uninsured casualty, then Contiguous Owner shall pay Contiguous Owner's Proportionate Share of the costs of restoration, repair or replacement of the Refuse Storage Area.
1.6 Surface Easement Areas. With respect to the Access Easement, Service Easement, and Refuse Storage Easement (collectively, “Surface Easement Areas”) during the term of the Ground Lease, Developer shall have the right from time to time in its sole discretion to remodel or renovate the Surface Easement Areas. Developer may temporarily close portions of the Surface Easement Areas to accomplish such work, provided the closure of any portion of the Surface Easement Areas does not unreasonably interfere with the right of the Contiguous Owner to use the Access Easement, Service Easement or Refuse Storage Easement; provided however, Developer shall not have any liability to Contiguous Owner or its tenants, employees, contractors, suppliers, or invitees for interruption caused by such work. Developer shall have the right to close off all or a portion of the Surface Easement Areas for such reasonable period or periods of time as may be legally necessary to prevent the acquisition of prescriptive rights by third parties; provided that the closure does not unreasonably interfere with the right of the Contiguous Owners to use any Access Easement, Service Easement or Refuse Storage Easement.
Developer reserves the right to eject or cause the ejection from the Surface Easement Areas of any person or persons not authorized, empowered, or privileged to use the Surface Easement Areas. Contiguous Owner shall at all times keep the Surface Easement Areas free and clear of trash, debris, boxes, merchandise,
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cartons and similar items that are generated from the use of the Contiguous Parcel. Use of the Surface Easement Areas shall be at the risk of the Contiguous Owner.
1.7 Relocation of Surface Easements. At any time during the term of the Ground Lease, Developer shall have the right to relocate the Surface Easement Areas on the City Parcel. Any such relocation shall be performed only after Developer has given Contiguous Owner thirty (30) days written notice of its intention to relocate. Any such relocation shall not (i) materially interfere with or diminish access to Contiguous Parcel, (ii) reduce or unreasonably impair the usefulness, ease or function of the access, and (iii) shall be performed without cost or expense to Contiguous Owner. The parties hereto agree to execute any documents that may be reasonably necessary to evidence the relocation of the Surface Easement Areas.
1.8 Limitation of Easement Areas. Each easement granted to Contiguous Owner by this Agreement shall be limited only to those portions of the respective easement areas as are reasonably necessary for the use and enjoyment of such easement by the Contiguous Owner.
ARTICLE 2. DEFAULT AND REMEDIES
2.1 Contiguous Owner Default. A default shall occur under this Agreement if Contiguous Owner fails to pay any monetary sum payable hereunder to Developer, or if Contiguous Owner fails to pay Contiguous Owner's Proportionate Share of Refuse Storage Area Costs, within ten (10) days after the date of written notice from Developer to Contiguous Owner, that such payment is due or delinquent or if Contiguous Owner fails to observe or perform any covenant or obligation to be observed or performed by Contiguous Owner hereunder within thirty (30) days after the date of written notice from Developer of Contiguous Owner's failure to observe or perform such obligation or covenant.
2.2 Remedies. If Contiguous Owner has not cured the default prior to the expiration of any cure period, Developer may exercise any right or remedy available in law or in equity, including a suit for damages or the institution of a proceeding for specific performance or an injunction to compel Contiguous Owner to observe or perform its covenants and obligations.
2.3 No Waiver. No act or thing done or performed by Developer pursuant to this Article 2 and no omission to act pursuant to this Article 2 shall be construed as a waiver by Developer of any default by Contiguous Owner or as a waiver of any covenant, term or condition contained herein or of the performance thereof.
2.4 Late Charge. Contiguous Owner hereby acknowledges that late payment by Contiguous Owner to Developer of any fees or charges owed to Developer will cause Developer to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, Contiguous Owner shall pay to Developer a late charge equal to ten percent (10%) of any payment of any fee or charge which is not received by Developer within ten (10) days after notice in accordance with the provisions of Section 3 hereof that such payment is overdue is given to Contiguous Owner, which notice shall state that such ten percent (10%) late charge shall be assessed. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Developer will incur by reason of late payment by Contiguous Owner.
In no event shall this provision for a late charge be deemed to grant to Contiguous Owner a grace period or extension of time within which to make any payment of any fee or charge or prevent Developer from exercising any right or remedy available to Developer upon Contiguous Owner's failure to pay such fee or charge when due.
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ARTICLE 3. NOTICE
Any notice, demand, request, consent, approval, or other communication which any party is required or desires to give or make to the other party or parties hereunder shall be in writing and shall be given by personal delivery, or by United States registered or certified mail, return receipt requested, postage prepaid, or by courier or express service guaranteeing overnight delivery, with a signed receipt in each case addressed as follows:
To City: City of Santa Barbara City Hall
P.O. Drawer P-P
735 Anacapa Street
Santa Barbara, CA 93102
Attn: City Attorney
To Developer: Paseo Propco LLC
c/o Alliance Bernstein
1345 Avenue of the Americas, Floor 39
New York, NY 10105
Attention: Yanshu Li
Contiguous Owner: 2nd Story 821 State LLC
c/o 2nd Story Associates
808 Laguna Street
Santa Barbara, CA 93101
Attn: President
With a copy to: Price, Postel & Parma LLP
Attn: Mark S. Manion
200 East Carrillo Street, Fourth Floor
Santa Barbara, CA 93101
Any party may designate a different or additional address by giving written notice of such designation to the other parties. Any notice or communication given hereunder shall be deemed to have been given or made on the date of receipt.
ARTICLE 4. INDEMNIFICATION
Contiguous Owner shall indemnify City and Developer and their employees and agents against, and shall defend and hold them harmless from, any and all claims or liabilities for personal injury, loss of life or property damage, including reasonable attorneys’ fees, due to any acts or failure to act arising from or in any manner related to Contiguous Owner’s exercise of its rights under this Agreement.
ARTICLE 5. MISCELLANEOUS
5.1 Attorneys' Fees. If any party hereto shall institute any judicial action or proceeding relating to violations, threatened violations or failure of performance of or under this Agreement, or any default hereunder, or to enforce the provisions hereof, then the prevailing party shall be entitled to recover its reasonable attorneys' fees, to be fixed by the Court. The "prevailing party" shall be the party which by law is entitled to recover its costs of suit whether or not the action proceeds to final judgment. If the party which
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shall have instituted suit shall dismiss it as against the other party or parties without the concurrence of the other party or parties, such other party shall be deemed the prevailing party.
5.2 Amendment. The parties hereto agree that the provisions of this Agreement may be modified or amended, in whole or in part, only by an amendment in writing, executed and acknowledged by the authorized representatives of each of the parties, and duly recorded in the Office of the County Recorder of Santa Barbara County, California.
5.3 Authority: Designation of Representatives. Contiguous Owner acknowledges that the easements granted herein shall only run to the benefit of the Contiguous Parcel. If an individual executes this Agreement as Contiguous Owner, such execution shall constitute a representation and warranty by the individual that he or she is the owner of the Contiguous Parcel. Such individual shall be deemed the only person authorized to execute any amendments, agreements, releases or other documents executed in connection with this Agreement as long as the individual owns the Contiguous Parcel. If Contiguous Owner is a corporation, limited liability company, partnership or other entity, Contiguous Owner shall deliver to Developer prior to execution of this Agreement, a corporate resolution, certificate of partnership, or other evidence satisfactory to Developer and City, authorizing execution of this Agreement and naming the individuals who are authorized to execute this Agreement on behalf of Contiguous Owner. For so long as Contiguous Owner remains the owner of the Contiguous Parcel, the individual or individuals named in such resolution, certificate or other evidence shall be deemed to be the representatives of Contiguous Owner with full right, power and authority to execute any and all amendments, agreements, releases and other documents on behalf of Contiguous Owner in connection with this Agreement. Contiguous Owner may designate another representative or representatives at any time by giving Developer and City written notice of such designation in accordance with Article 3 hereof. If Contiguous Owner transfers its interest in the Contiguous Parcel, the transferee shall, within ten (10) days of the date of the transfer, deliver a written notice to City and Developer designating a representative for purposes of executing documents on behalf of Contiguous Owner.
5.4 Breach Shall Not Defeat Mortgage. A breach of any of the terms, conditions, covenants or restrictions of this Agreement shall not defeat or render invalid the lien of any mortgage made in good faith and for value, but such terms, conditions, covenants and restrictions shall be binding upon and effective against any person who acquires title to each party's property or portion thereof by a foreclosure, trustee's sale or otherwise.
5.5 Liability of Developer. Recourse for the obligations of Developer under this Agreement shall be limited to Developer's interest in the City Parcel, and in no event shall the general partners, shareholders, directors or officers of Developer or its general partners have any personal liability arising out of Developer's failure to perform any of its obligations hereunder.
5.6 Captions. The captions of the articles and paragraphs of this Agreement are for convenience only and shall not be considered nor referred to in resolving questions of interpretation and construction.
5.7 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California.
5.8 No Partnership. Neither anything contained in this Agreement nor any acts of the parties hereto shall be deemed or construed by the parties, or by any third person, to create the relationship of principal and agent or a partnership, or a joint venture, or of any association between the parties.
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5.9 Not a Public Dedication. Nothing contained herein shall be deemed to be a gift or dedication of any portion of the City Parcel to the general public or for any public purpose whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes expressed herein.
5.10 Severability. If any term, provision or condition contained in this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement, except those terms, provisions or conditions which are made subject to or conditioned upon such invalid or unenforceable terms and conditions, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
5.11 Agreement Runs with the Land. All of the provisions, agreements, rights, powers, covenants, conditions, restrictions, easements and obligations contained in this Agreement shall be binding upon and inure to the benefit of the Contiguous Owner, City and Developer and to their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, and all other persons acquiring the Contiguous Parcel or City Parcel or any portion thereof, or any interest therein whether by operation of law or in any manner whatsoever, unless and until modified as herein provided. All provisions of this Agreement shall be covenants running with the land pursuant to applicable law, including but not limited to Section 1468 of the Civil Code of the State of California.
5.12 Time of the Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Agreement.
5.13 Counterpart Copies. This Agreement may be signed in several counterparts, each of which shall be deemed an original, and all such counterparts shall constitute one and the same instrument. The signature of a party to this agreement to any counterpart copy may be removed and attached to any other counterpart. Any counterpart to which is attached the signatures of all parties to this agreement shall constitute any original of this agreement.
5.14 Third Party Beneficiary. Developer shall be a third party beneficiary to the agreements made hereunder between City and Contiguous Owner, and shall have the right to enforce such agreements directly to the extent they may deem such enforcement necessary or advisable to protect Developer’s rights hereunder.
(signatures appear on following pages)
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This Agreement has been executed as of the day and year first written above and shall be effective upon recording in the Official Records of Santa Barbara County, California. "CITY"
CITY OF SANTA BARBARA
By: _______________________________
Rebecca J. Bjork
City Administrator
APPROVED AS TO FORM:
Sarah J. Knecht
CITY ATTORNEY
By: _______________________________
Daniel S. Hentschke
Assistant City Attorney
ALL PURPOSE NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Barbara
On _________________________ before me, __________________________________, Notary Public (here insert name and title of the officer), personally appeared _______________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ (Seal)
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This Agreement has been executed as of the day and year first written above and shall be effective upon recording in the Official Records of Santa Barbara County, California. “CONTIGUOUS OWNER”
2 nd STORY 821 STATE LLC, a
California limited liability company
By:2nd Story Associates, a California
Nonprofit public benefit corporation, its
Sole member and manager
By: _______________________________
Veronica Loza, President
ALL PURPOSE NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Barbara
On _________________________ before me, __________________________________, Notary Public (here insert name and title of the officer), personally appeared _______________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ (Seal)
ATTACHMENT
EXHIBIT A
EXHIBIT A
DESCRIPTION OF CITY PARCEL
Real property in the City of Santa Barbara, County of Santa Barbara, State of California, described as follows:
PARCELS 2 AND 12 OF PARCEL MAP NO. 20,504 IN THE CITY OF SANTA BARBARA, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 42, PAGES 86 THROUGH 98, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED APRIL 2, 1991, AS INSRUMENT NO. 91-018958 OF OFFICIAL RECORDS.
EXCEPTING FROM A PORTION OF SAID LAND ALL OIL, GAS AND MINERAL SUBSTANCES,
TOGETHER WITH THE RIGHT TO EXPLORE FOR AND EXTRACT SUCH SUBSTNACES,
PROVIDED THAT THE SURFACE OPENING OF ANY WELL, HOLE, SHAFT OR OTHER MEANS
OF EXPLORING FOR, REACHING OR EXTRACTING SUCH SUBSTANCES SHALL NOT BE
LOCATED WITHIN THE CENTRAL CITY REDEVELOMENT PROJECT AND SHALL NOT PENETRATE ANY PART OR PORTION OF SAID PROJECT AREA WITHIN 500 FEET OF THE SURFACE THEREOF, RESERVED IN VARIOUS DOCUMENTS OF RECORD.
NOTE: TRACT ONE AND TRACT 15 ARE THE LEASED PREMISES UNDER THAT CERTAIN LEASE DATED FEBRUARY 24, 1989 BETWEEN THE REDEVELOMENT AGENCY OF THE CITY
OF SANTA BARBARA, AS LESSOR, AND SANTA BARBARA ASSOCIATES, AS LESSEE, A MEMORANDUM OF WHICH WAS RECORDED FEBRUARY 24, 1989 AS INSTRUMENT NO. 89- 012335 OF THE OFFICIAL RECORDS OF SANTA BARBARA COUNTY (“OFFICIAL RECORDS”),
AS SUCH LEASE HAS BEEN AMENDED AND ASSIGNED, SUCH TRACTS ARE COLLECTIVELY THE “RDA PREMISES”.
ATTACHMENT
EXHIBIT B
EXHIBIT B
CONTIGUOUS PARCEL
Real property in the City of Santa Barbara, County of Santa Barbara, State of California, described as follows:
THOSE PORTIONS OF BLOCK 175 IN THE CITY OF SANTA BARBARA, COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP THEREOF, DESCRIBED AS FOLLOWS:
PARCEL ONE:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF STATE STREET, DISTANT THEREON 233.27 FEET NORTHWESTERLY FROM THE MOST EASTERLY CORNER OF SAID BLOCK; THENCE NORTHWESTERLY ALONG SAID STREET LINE 40 FEET TO A POINT; THENCE AT RIGHT ANGLES SOUTHEASTERLY 263 FEET TO A POINT; THENCE AT RIGHT ANGLES SOUTHEASTERLY 34.75 FEET TO A POINT; THENCE NORTHEASTERLY 263.04 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, RECORDED NOVEMBER 6, 1929 IN BOOK 192, PAGE 552 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHEASTERLY LINE OF CHAPALA STREET, AS NOW ESTABLISHED, DISTANT THEREON 242.27 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK, AS NOW ESTABLISHED; THENCE NORTHEASTERLY, DEFLECTING 91°09' TO THE RIGHT, 190 FEET TO THE MOST NORTHERLY CORNER OF THE
TRACT OF LAND DESCRIBED IN THE DEED TO THE SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, RECORDED IN BOOK 183, PAGE 446 OF OFFICIAL RECORDS, AND THE TRUE POINT OF BEGINNING OF THE PREMISES HEREIN DESCRIBED; THENCE NORTH 48°30' WEST,
ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF FERNALD AVENUE, AS ESTABLISHED BY ORDINANCE NO. 1176 OF THE CITY OF SANTA BARBARA, SAID ORDINANCE BEING DATED SEPTEMBER 21, 1923, DULY APPROVED BY THE
MAYOR AND COMMON COUNCIL OF SAID CITY, AND PARALLEL TO SAID LINE OF CHAPALA STREET, 34.75 FEET TO THE EASTERLY CORNER OF A PORTION OF PARCEL NO. 2 AS DESCRIBED IN THE DEED TO JEAN M. DIEHL, RECORDED IN BOOK 223, PAGE 258 OF DEEDS; THENCE AT RIGHT ANGLES SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED DIEHL TRACT 13 FEET TO AN ANGLE POINT THEREIN; THENCE
AT RIGHT ANGLES SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID DIEHL TRACT 34.49 FEET TO A PIPE SURVEY MONUMENT SET ON THE NORTHWESTERLY LINE OF THE ABOVE MENTIONED BANK TRACT OF LAND; THENCE AT RIGHT ANGLES NORTHEASTERLY ALONG SAID LAST MENTIONED BANK TRACT LINE 13 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF CONDEMNATION, CASE NO. 171868, SUPERIOR COURT, COUNTY OF SANTA BARBARA, RECORDED MAY 10, 1990 AS INSTRUMENT NO. 90-031586, IN THE OFFICE
ATTACHMENT
EXHIBIT B
OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL TWO:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE TRACT OF LAND CONVEYED TO F.N. GEHL BY JOHN A. HOOPER AND F.P. HOOPER, BY DEED RECORDED IN BOOK 112, PAGE 472 OF DEEDS, SAID POINT OF BEGINNING BEING ALSO ON THE SOUTHWESTERLY LINE OF STATE STREET AT A POINT, DISTANT THEREON 233.27 FEET NORTHWESTERLY FROM THE MOST EASTERLY CORNER OF SAID BLOCK; THENCE SOUTHWESTERLY ALONG SAID GEHL TRACT OF LAND 200 FEET, MORE OR LESS, TO THE MOST WESTERLY CORNER OF SAID LOT; THENCE SOUTHEASTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 4 FEET TO A POINT; THENCE; NORTHEASTERLY 200 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THE JUDGMENT AND FINAL ORDER OF CONDEMNATION, CASE NO. 171868, SUPERIOR COURT, COUNTY OF SANTA BARBARA, RECORDED MAY 10, 1990 AS INSTRUMENT NO. 90-031586, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 037-400-009
ATTACHMENT
EXHIBIT C
EXHIBIT C
DESCRIPTION OF EASEMENT AREA
Description:
The land referred to herein below is situated in the City of Santa Barbara, County of Santa Barbara, State of California, described as follows:
THOSE PORTIONS OF BLOCK 175 OF THE CITY OF SANTA BARBARA, COUNTY OF
SANTA BARBARA, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP THEREOF, ALSO BEING PORTIONS OF PARCEL 2 AS SHOWN ON PARCEL MAP No. 20,504 AS FILED IN BOOK 42, PAGES 86 THRU 98 OF PARCEL MAPS IN THE OFF OF THE COUNTY RECORDR, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF CANON PERDIDO STREET, DISTANT THEREON 200.32 FEET SOUTHWESTERLY FROM THE MOST NORTHERLY CORNER OF SAID BLOCK 175, SAID NORTHERLY CORNER OF SAID BLOCK 175 BEING
THE INTERSECTION OF SAID SOUTHEASTERLY LINE OF CANON PERDIDO STREET
WITH THE SOUTHWESTERLY LINE OF STATE STREET, SAID POINT BEING THE NORTHERLY CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP No. 20,504 AND THE TRUE POINT OF BEGINNING;
THENCE 1ST LEAVING SAID SOUTHEASTERLY LINE OF CANON PERDIDO STREET AND ALONG NORTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 48°35'10" EAST 127.06 FEET;
THENCE 2nd CONTINUING ALONG SAID NORTHWESTERLY LINE OF SAID PARCEL 2, NORTH 41°30'48" EAST 40.00 FEET;
THENCE 3rd CONTINUING ALONG SAID NORTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 48°31'39" EAST 117.85 FEET;
THENCE 4th CONTINUING ALONG SAID NORTHWESTERLY LINE OF SAID PARCEL 2, NORTH 41°29'45" EAST 160.07 FEET TO A POINT ON SAID
SOUTHWESTERLY LINE OF STATE STREET;
THENCE 5th ALONG SAID SOUTHWESTERLY LINE OF STATE STREET, SOUTH 48°30'00" EAST 30.00' FEET;
THENCE 6th LEAVING SAID SOUTHWESTERLY LINE OF STATE STREET AND ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2 OF SAID PARCEL MAP No. 20,504, SOUTH 41°29'45" WEST 200.00 FEET;
THENCE 7th ALONG SAID NORTHEASTERLY LINE OF SAID PARCEL 2, SOUTH 48°30'00" EAST 206.81 FEET;
THENCE 8th LEAVING SAID NORTHEASTERLY LINE OF SAID PARCEL 2, SOUTH 41°30'00" WEST 15.60FEET;
ATTACHMENT
EXHIBIT C
THENCE 9th NORTH 48°30'00" WEST 233.76 FEET;
THENCE 10th NORTH 41°47'46" EAST 43.61 FEET;
THENCE 11th NORTH 48°31'39" WEST 101.44 FEET;
THENCE 12th SOUTH 59°56'50" WEST 31.07 FEET;
THENCE 13th SOUTH 52°58'56" WEST 8.30 FEET;
THENCE 14th NORTH 48°35'10" WEST 92.38 FEET TO THE BEGINNING OF A NONTANGENT CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 73°45'33" WEST 6.28 FEET;
THENCE 15th ALONG THE ARC OF SAID NON’TANGENT CURVE TO THE RIGHT A DELTA OF 70°45'23", A RADIUS OF 6.28 FEET FOR A LENGTH OF 7.76 FEET TO
THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT WHOSE
RADIAL CENTER BEARS NORTH 03°00'10" WEST 11.61 FEET;
THENCE 16th ALONG THE ARC OF SAID COMPOUND CURVE TO THE RIGHT A DELTA OF 43°22'04", A RADIUS OF 11.61 FEET FOR A LENGTH OF 8.78 FEET; THENCE 17th NON-TANGENT TO SAID COMPOUND CURVE TO THE RIGHT NORTH 48°29'12" WEST 33.70 FEET TO A POINT ON SAID SOUTHEASTERLY LINE OF CANON PERDIDO STREET;
THENCE 18th ALONG SAID SOUTHEASTERLY LINE OF CANON PERDIDO STREET, NORTH 41°30'48" EAST 19.95 FEET TO THE TRUE POINT OF BEGINNING.
END OF DESCRIPTION
The above described area is 13,117.7 square feet.
ATTACHMENT EXHIBIT D EXHIBIT D DEPICTION OF EASEMENT AREA
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 23, 2023
TO: Mayor and Councilmembers
FROM: Risk Management Division, Finance Department
SUBJECT: Agreement for Workers' Compensation Claims Administration [Agreement]
RECOMMENDATION:
That City Council approve and authorize the Finance Director to execute an agreement with AdminSure, Inc., to provide Third Party Administration (TPA) services for the workers' compensation program within the Self-Insurance Fund for a term of up to five (5) years, at a total cost of $1,872,672 over the five year term. The parties agree that payment in any fiscal year beyond the amount appropriated in Fiscal Year 2024 remains subject to Council budget approval and appropriation of funds in the annual fiscal year budget; and this contract may be terminated at no cost to the City, if Council does not appropriate funds toward this expense in any future fiscal year.
DISCUSSION:
California law requires every employer to provide workers’ compensation coverage to its employees (see generally Labor Code §§3200-6002). Council created the Self-Insurance Fund to administer a workers' compensation program. The workers’ compensation program provides benefits to an employee who experiences an injury, an occupational disease, or death, arising out of the course of employment. As such, the workers’ compensation program is a benefit delivery system. Workers’ compensation benefits include medical treatment, temporary disability payments, and permanent disability payments.
The City chose to out-source the administrative services needed to comply with State mandates governing self-insured workers' compensation programs. Alternatively, the City could decide to self administer the services described in the proposed contract for TPA services.
Services provided by AdminSure cover the full range of claims adjusting practices, and include: processing each claim; dispensing benefits and payments mandated by State law; establishing and implementing cost containment services such as medical bill review; Agenda Item No. 10
File Code No. 350.08
Council Agenda Report
Agreement for Workers' Compensation Claims Administration May 23, 2023