Agenda packet, first session — Santa Barbara City Council, December 12, 2023 (part 1 of 4)

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
DECEMBER 12, 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. 12/12/2023 Santa Barbara City Council Final Agenda Page 1 DECEMBER 12, 2023 AGENDA
SPECIAL ORDINANCE COMMITTEE MEETING - 11:30 A.M. IN THE COUNCIL

CAHMBER

1. Subject: Local Housing Trust Fund (120.03)
Recommendation: That Ordinance Committee consider an ordinance adopting a Local Housing Trust Fund and forward the ordinance to the City Council for introduction and adoption.

2. Subject: Continued Deliberation of Tenant Protection Ordinance (120.03) Recommendation: That Ordinance Committee consider and forward to City Council, for introduction and subsequent adoption, an Ordinance of the Council of the City of Santa Barbara amending the Santa Barbara Municipal Code by amending Sections 26.50.010, 26.50.040, 26.50.060, and 26.50.070 relating to Just Cause Eviction; by adding Section 26.50.055 to provide a Tenant Right of First Refusal to Re-rent following a No-Fault Just Cause Eviction; by adding Section 26.50.075 relating to Occupancy following a Substantial Remodel, and by adding Chapter 26.60 relating to Protection of Tenants from Harassment.

Webinar ID: 818 9236 0543
12/12/2023 Santa Barbara City Council Final Agenda Page 2

REGULAR CITY COUNCIL MEETING

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL ITEMS

1. Subject: Recognition of Alice San Andres-Calleja, Publisher/Editor of the Mesa Paper (120.04)

CHANGES TO THE AGENDA

CONSENT CALENDAR

2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes for the special meetings of October 17, 2023 and October 24, 2023; and the regular meetings of October 17, 2023, October 24, 2023, October 31, 2023, and November 7, 2023.

3. Subject: Lease Amendment with Captain’s Cove, LLC DBA The Anchor Rose Lounge, Located at 113 Harbor Way [Ordinance Adoption; Agreement] (330.04)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Waterfront Director to Execute the Amendment to Lease Agreement No. 28,360 with Captain’s Cove, LLC, Deferring Three Months Base Rent with Lease Terms Ending December 31, 2025, Commencing Upon the Effective Date of the Enabling Ordinance.

4. Subject: Loan to Transition House for $1,284,850 for Acquisition of Property Located at 712 West Anapamu Street [Ordinance Adoption] Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Loan Agreement with Transition House in the Amount of $1,284,850 for Acquisition of the Real Property Located at 712 West Anapamu Street to Be Used for Transitional Housing, to Be Secured by a Deed of Trust and a 90-Year Affordability Control Covenant Imposed on Real Property and Authorizing the Community Development Director to Execute Such Agreements, Subject to Approval as to Form by the City Attorney, as Necessary. 12/12/2023 Santa Barbara City Council Final Agenda Page 3

5. Subject: Specific Plan (SP11-CHC) and General Plan Amendment for 3237 State Street [Ordinance Adoption] (650.05)
Recommendation: That Council:

A. Adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Adding Chapter 30.136 to Establish the Community Health Center Specific Plan Zone; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending the General Plan Map of the City of Santa Barbara Pertaining to Assessor's Parcel Number 051-112-026 Located at 3237 State Street.

6. Subject: Adoption of Ordinance Authorizing and Regulating Parklets for Outdoor Dining in the Public Right of Way [Ordinance Adoption] (530.04) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by the Addition of Chapter 9.180 Relating to Parklets in the Public Right of Way.

7. Subject: Adoption of Ordinance Prohibiting Heavy Vehicles on Portions of Alisos Streets and Sola Street [Ordinance Adoption]
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 10.60 of the Santa Barbara Municipal Code by Revising Section

10.60.040 and Prohibiting Heavy Vehicles on Portions of Alisos Street and Sola Street.

8. Subject: Adoption of Ordinance Approving the 2023-2025 Treatment Plants’ and Patrol Officers’ Memorandum of Understanding [Ordinance Adoption] (440.02)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2023-2025 Memorandum of Understanding Between the City of Santa Barbara and the Patrol Officers' and Treatment Plants' Bargaining Units (TAP UNITS).

9. Subject: Adoption of Ordinance Approving the 2022-2025 Fire Management Association Bargaining Unit Memorandum of Understanding [Ordinance Adoption] (440.02)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting the 2022-2025 Memorandum of Understanding Between the City of Santa Barbara and the Santa Barbara Fire Management Association.
12/12/2023 Santa Barbara City Council Final Agenda Page 4

10. Subject: Increase the City Administrator’s Contracting Authority and Increase the Competitive Threshold for the Purchase of Goods and Services [Ordinance Introduction; Resolution] (340.02)
Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the City Administrator to Bind the City for the Acquisition of Certain Items and Rescinding Resolution No. 14-065; and B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Santa Barbara Municipal Code Sections 4.52.060 and 4.52.070 to Update Monetary Thresholds and Adding Section 4.52.072 to Authorize Best Value Competitive Contracting for Goods and Services.

11. Subject: Corrected Submittal of Documents Supporting the Approval of Amendments to the Records Retention Policy Held by the Human Resources Department [Resolution] (160.06)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving a Revised Records Retention Schedule, Authorization to Destroy Applicable Records Pursuant to that Schedule, and Rescinding Resolution No.16-005.

12. Subject: Waterfront Department Declaring the Vessel “Falcon” as Abandoned Property Pursuant to Harbors and Navigation Code Section 522 [Resolution] (570.03)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring the Vessel “Falcon” as Abandoned Property Pursuant to Harbors and Navigation Code Section 522. 12/12/2023 Santa Barbara City Council Final Agenda Page 5

13. Subject: Removal of Art Commission Fee from the Library’s Fiscal Year 2024 Fees and Fines Schedule [Resolution] (570.04)
Recommendation: That Council:

A. Approve the removal of the Art Commission fee from the Library’s Fiscal Year 2024 Fees and Fines Schedule; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Approve a Decrease in Appropriations in Fiscal Year 2024 in the Amount of $10,000 for the Removal of the Art Commission Fee; and Directing the City Clerk to Remove a Fee in Resolution 23-079 Adopted on June 13, 2023, Which Became Effective on July 1, 2023, or as Provided Therein, and Amend the City of Santa Barbara Schedule of Penalties, Fees, and Service Charges.

14. Subject: Bequest from the Richard A. Baum and Melanie L. Lansing Revocable Trust to the City of Santa Barbara for Exclusive Use and Benefit of the Library Department [Resolution] (570.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076 Adopting the Budget for Fiscal Year 2024, Increasing Revenue and Expenditure Appropriation in Fiscal Year 2024 in the Amount of $3,297.62 in the Library Miscellaneous Trust Fund, and Accept the Bequest from the Richard A. Baum and Melanie L. Lansing Revocable Trust to the Santa Barbara Public Library.

15. Subject: Downtown Organization Annual Assessment Report for 2023 and Intention to Levy [Resolution] (290.00)
Recommendation: That Council:

A. Approve the Downtown and Old Town Business Improvement District Annual Assessment Report for 2024; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring Council’s Intention to Levy Downtown Business Improvement District and Old Town Business Improvement District Assessment Rates for 2024, at a Public Hearing to be Held on January 23, 2024, at 2:00 p.m.
12/12/2023 Santa Barbara City Council Final Agenda Page 6

16. Subject: Contract Amendment for Right-of-Way Acquisition Services for the De La Vina Street Bridge Replacement Project [Resolution; Agreement] (530.04)
Recommendation: That Council:

A. Authorize the Public Works Director to execute the Fourth Amendment to Contract No. 26,915 with Hamner, Jewell & Associates in the amount of $51,429 for right-of-way acquisition services for the De La Vina Bridge Replacement Project, and authorize the Public Works Director to approve expenditures of up to $7,500 for extra services of Hamner, Jewell & Associates that may result from necessary changes in the scope of work, for a total expenditure authority of $271,712; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Appropriate Additional Grant Funds for the De La Vina Street Bridge Replacement Project.

17. Subject: Fiscal Year 2024 Interim Financial Statements for the Four Months Ended October 31, 2023 (250.02)
Recommendation: That Council accept the Fiscal Year 2024 Interim Financial Statements for the four months ended October 31, 2023.

18. Subject: Water Service Line Inventory for Compliance with the Lead and Copper Rule Revisions [Agreement] (540.01)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with 120Water, Inc., in an amount not to exceed $206,450 for services to develop an inventory of public and private water service line materials as required by the United States Environmental Protection Agency’s Lead and Copper Rule Revisions.

19. Subject: Fiscal Year 2024 Agreement with People Assisting the Homeless (PATH) for Operation of a Homeless Shelter and Related Services [Agreement] (660.01)
Recommendation: That Council authorize the Community Development Director to execute a funding agreement amendment in the amount of $202,100 with People Assisting the Homeless (PATH) for the operation of a homeless shelter and related services.
12/12/2023 Santa Barbara City Council Final Agenda Page 7

20. Subject: Contract Amendment for the Facilities Evaluation and Exit Testing Services for the Charles E. Meyer Desalination Plant [Agreement] (540.1) Recommendation: That Council authorize the Public Works Director to execute the Second Contract Amendment with GHD, Inc., for additional Facilities Evaluation and Exit Testing Services for the Charles E. Meyer Desalination Plant, Contract No. 28,181, in the amount of $79,198, for a total expenditure authority of $428,463.

21. Subject: Agreement with R3 Consulting Group, Inc. for a Five-Year Solid Waste Rate Study [Agreement] (630.02)
Recommendation: That Council authorize the Sustainability and Resilience Director to execute a Professional Services Agreement with R3 Consulting Group, Inc. for consulting services on a five-year solid waste rate study in the amount of $64,500 and approve expenditures of up to an additional $6,450 for extra services that may result from necessary changes in the scope of work, for a total not-toexceed amount of $70,950.

22. Subject: Contract Amendment for Additional Archaeology Administrative Services for the De La Guerra Plaza Revitalization Project [Agreement] (530.01)
Recommendation: That Council authorize the Public Works Director to execute the Third Contract Amendment with Applied EarthWorks, Inc., for additional archaeology administrative services for the De La Guerra Plaza Revitalization Project, Contract No. 26,366, in the amount of $5,003, for a total not to exceed dollar amount of $91,461.

23. Subject: Waterfront Department License Agreement with Santa Barbara Fuel Dock, Incorporated, to Operate the Commercial Ice Machine [Agreement] (330.04)
Recommendation: That Council approve a five-year license agreement with Santa Barbara Fuel Dock, Incorporated, a California Corporation, to operate the ice machine facility in Santa Barbara Harbor, also known as the Ice House.

24. Subject: Independent Financial Statement Audit Services Agreement Extension [Agreement] (210.01)
Recommendation: That Council approve and authorize the Finance Director to execute an extension of the existing Professional Services Agreement for three years with CliftonLarsonAllen, LLP (CLA), to perform an independent financial statement audit of the City of Santa Barbara for fiscal years ending June 30, 2024, June 30, 2025, and June 30, 2026 for a total not-to-exceed amount of $776,555. 12/12/2023 Santa Barbara City Council Final Agenda Page 8

25. Subject: Self-Insured Workers' Compensation Program Annual Report (350.08)
Recommendation: That Council receive the annual Self-Insured Workers’ Compensation Program Annual Report for the Year Ended June 30, 2023.

26. Subject: Sole Source Purchase Order for Santa Barbara Office Interiors to Furnish the Lower Level Library Staff Workspace Renovation Project (570.04)
Recommendation: That Council authorize the Library Director to execute a sole source Purchase Order to Santa Barbara Office Interiors in the amount of $68,984.39 for purchase, delivery, and placement of office furniture.

27. Subject: Purchase Order for FE Technologies Library Self-Check V5 Units (570.04)
Recommendation: That Council find it in the City’s best interest to follow the formal bid procedure and authorize the Library Director to execute a Purchase Order to FE Technologies in the amount of $59,549.70 for purchase, delivery, and installation of eight V5 self-check units.

28. Subject: Santa Barbara Airport Title VI Plan Assuring Adequate Access and Language Availability for Airport Customers (560.01)
Recommendation: That Council review and adopt the Santa Barbara Airport Title VI Plan for 2024-2027 and authorize the Airport Director to make minor changes as necessary.

REPORT FROM THE ORDINANCE COMMITTEE

PUBLIC COMMENT

PULLED CONSENT ITEMS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
12/12/2023 Santa Barbara City Council Final Agenda Page 9

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

FINANCE DEPARTMENT

29. Subject: Measure C Annual Accountability Report Fiscal Year (FY) 2023 and Funding Priorities [Resolution] (210.01)
Recommendation: That Council:

A. Accept the Measure C Annual Accountability Report for the Fiscal Year Ended June 30, 2023; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Establishing Priorities for the Expenditure of Revenue from the Santa Barbara Critical Infrastructure and Essential Community Services Measure, and Rescinding Resolution 18-011.

PUBLIC HEARING

30. Subject: Adoption of the 2023–2031 Housing Element [Resolution] (650.06) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the 2023–2031 Housing Element with Proposed Revisions as an Amendment to the General Plan and Determining That the Housing Element Amendment Is Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3).

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

SPECIAL ORDINANCE COMMITTEE

MEETING

MEETING AGENDA
DATE: December 12, 2023 Oscar Gutierrez, Chair
TIME: 11:30 a.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
IN-PERSON PUBLIC COMMENT: Any person wishing to address the Ordinance Committee should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the Committee Member. Each speaker will be given a total of 3 minutes to address the Committee. The Ordinance Committee, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.

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

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.

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.

Please click the link below to join the webinar:
https://santabarbaraca-gov.zoom.us/j/81892360543?pwd=ZDhGMnNwVTJWUktQWHlJaENJelRWdz09 Passcode: 862591
Or One tap mobile :
+16699006833,,81892360543# US (San Jose)
Webinar ID: 818 9236 0543
International numbers available: https://santabarbaraca-gov.zoom.us/u/kcc07HeEZg File Code No. 120.03

ITEMS FOR CONSIDERATION

1. SUBJECT: Local Housing Trust Fund
RECOMMEDATION: That Ordinance Committee consider an ordinance adopting the City of Santa Barbara Local Housing Trust Fund and forward the Ordinance to the City Council for introduction and adoption.
2 . SUBJECT: Continued Committee Deliberation of Tenant Protection Ordinance RECOMENDATION That Ordinance Committee consider and forward to City Council, for introduction and subsequent adoption, an Ordinance of the Council of the City of Santa Barbara amending the Santa Barbara Municipal Code by amending Sections 26.50.010, 26.50.040,

26.50.060, and 26.50.070 relating to Just Cause Eviction; by adding Section 26.50.055 to provide a Tenant Right of First Refusal to Re-rent following a No-Fault Just Cause Eviction; by adding Section 26.50.075 relating to Occupancy following a Substantial Remodel, and by adding Chapter 26.60 relating to Protection of Tenants from Harassment.

Webinar ID: 818 9236 0543

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: December 12, 2023
TO: Ordinance Committee
FROM: City Attorney’s Office
SUBJECT: Local Housing Trust Fund
RECOMMENDATION:

That Ordinance Committee consider an ordinance adopting a Local Housing Trust Fund and forward the ordinance to the City Council for introduction and adoption.

DISCUSSION:

Housing Trust Funds are established by local public entities as an important tool to increase the stock of permanently affordable housing units within their respective jurisdictions. A Housing Trust Fund provides a local funding source for financial and technical assistance to help developers produce and preserve affordable housing.

Key requirements of a local housing trust fund are that a dedicated source of funding be provided for on-going revenue for a minimum of five years to support the fund’s operations and that matching funds be available at the time of application to receive State funding on a dollar-for-dollar basis. The matching funds cannot be from a funding source that is otherwise restricted for housing uses by state or federal law such as Home Investment Partnership Program (“HIPP”), Community Development Block Grant (CDBG) programs, or former redevelopment agency low- and moderate-income housing funds. In-lieu fees, Permanent Local Housing Allocation Funds (PHLA), taxes, and loan repayments are available sources that can be used.

An additional requirement is that the City have an adopted and State compliant Housing Element. The City’s proposed Housing Element is also before the Council today (December 12th) for approval. If the Housing Element is approved and the proposed Local Housing Trust Fund (LHTF) ordinance is also approved, then the City would be eligible to apply for the next round of State funding in the Spring of 2024. As a new LHTF, the City would also be eligible to participate in the 15% funding set-aside for new local housing trust funds.

Agenda Item No. 1
File Code No. 120.03
Ordinance Committee Report
Local Housing Trust Fund
December 12, 2023

Page 2 ends

Previous History
The Ordinance Committee met on June 28, 2023, to review a draft ordinance to create “The Housing Opportunities, Preservation, and Equity (HOPE) Fund.” At that meeting, the Committee asked for further information on the requirements to establish a local housing trust fund that met the requirements to qualify for matching funds through the California Department of Housing and Community Development (HCD). At that meeting, the City Attorney’s office requested additional time to research the requirements for formation of a local housing trust fund and return to the Committee with that information.

On September 19, 2023, the Ordinance Committee heard a presentation on the key requirements for a local housing trust ordinance. First and foremost is the requirement to have a dedicated source of funding to provide for on-going revenue for a minimum of five years in order to support the fund’s operations. On-going Revenue may not include one-time donations, such as land donations or large bequests. Matching Funds must be on-deposit or evidenced by a legally binding commitment for deposit at the time of application and on-deposit prior to disbursement of Program Funds.

The Ordinance Committee voted unanimously to send the item to the Finance Committee to determine the funding sources for: 1) matching funds on a dollar-for-dollar basis available at the time of funding application, and 2) on-going revenue for a minimum of five years to support the fund’s operation.

The Finance Committee met on October 17, 2023, to identify a dedicated source of funding for on-going revenue and matching funds. The Finance Committee identified the allocation of $2,883,548.00 made by Council on December 6, 2022, to be the starting amount for matching funds in the new LHTF and the City’s Inclusionary Fund / In-Lieu Fees as the dedicated source for the on-going revenue. The Finance Committee voted to return this item to the Ordinance Committee with their recommendations for review of a draft ordinance establishing the LHTF.

The LHTF Ordinance
The proposed LHTF Ordinance contains the following key provisions:
 The dedicated source of funding for on-going revenue and matching funds for the LHTF is the $2,883,548.00 allocated by the City Council on December 6, 2022, from the General Fund (which was established to be used specifically for the LHTF), and inclusionary housing in-lieu fees collected under Municipal Code Sections 28.43.070, 28.43.30, 28.43.150, 28.43.120, and 30.160.070 , which will serve as the dedicated and continuous source for the first five years of the Fund’s existence.
 In addition, the Ordinance allows for the flexibility to receive funds from other sources, which can include contributions from private individuals and entities.

Ordinance Committee Report
Local Housing Trust Fund
December 12, 2023

Page 3 ends

 Funding from the LHTF will be distributed per priorities identified by the City Council to construct, acquire, rehabilitate or subsidize very low, low, and moderate income housing.
 The LHTF will be administered by the Finance Director and applications for funding for housing projects under the parameters of the LHTF will be submitted to the Community Development Director.
 There will be a yearly report from City staff to the City Council based off of the required HCD annual report which contains the information such as revenues collected, funds committed, and expenditures made (projects).  The City Council will hold Public Hearings on eligible projects under the LHTF.  Disbursement of the funds will follow the constraints imposed by the HCD. For example, at least 30 percent of the funds must be expended on assistance to Extremely Low-Income Households as defined in the Ordinance. In addition, no more than 20 percent of the funds can be expended on assistance to Moderate Income Households.

BUDGET/FINANCIAL INFORMATION:

To establish the Fund, the dedicated money for the LHTF will be the $2,883,548 from the City’s General Fund allocated by the City Council on December 6, 2022, along with inclusionary housing in-lieu fees collected under the Municipal Code. Once the LHTF Ordinance is established and in place, Council can direct staff to include an annual transfer of additional funds from the General Fund into the LHTF during future annual budget processes.

The FY2024 General Fund adopted budget has a structural operating deficit of $2.7 million, with the deficit increasing into FY2025 and beyond as ongoing revenue growth is not adequate to address the ongoing expenditure growth, primarily due to pension, healthcare, and inflationary costs. If an annual transfer is approved, it will add to the deficit going forward requiring the use of additional reserves to balance the annual operating budget.

ATTACHMENT: City Attorney Memorandum to Ordinance Committee 09/19/23 PREPARED BY: John Doimas, Assistant City Attorney
SUBMITTED BY: Sarah J. Knecht, City Attorney
APPROVED BY: City Administrator's Office

ATTACHMENT

MEMORANDUM

OFFICE OF THE CITY ATTORNEY
740 State Street|Suite 201|P.O. Box 1990|Santa Barbara|California|93102|T(805) 564-5326|F(805) 564-5426 DATE: September 19, 2023
TO: Ordinance Committee
FROM: Sarah J. Knecht, City Attorney
SUBJECT: Local Housing Trust Fund
As requested by your Committee, the City Attorney’s Office has reviewed the requirements to establish a Local Housing Trust Fund (LHTF) that would qualify for the receipt of matching grant funds from the California Department of Housing and Community Development (HCD).

Local Housing Trust Fund
The Legislature created the Local Housing Trust Fund Matching Grant Program administrated by HCD to support local housing trust funds dedicated to the creation or preservation of affordable housing. Local housing trust funds must be supported on an ongoing basis from private contributions or governmental sources and must have matching funds from sources that are not otherwise restricted in use for housing programs.

Types of LHTFs
A LHTF is a public, joint public and private, or charitable nonprofit organization under Section 501(c)(3) of the Internal Revenue Code, which is established by legislation, ordinance, resolution (including nonprofit articles of incorporation), or a public-private partnership organized to receive specific public, or public and private revenue to address local housing needs. The key characteristic of the LHTF is that it receives “Ongoing Revenues” from “Dedicated Sources” of funding sufficient to permit the LHTF to comply with the requirement of the Program.

LHTFs are either “New” or “Existing.” Because Santa Barbara has not previously received grant funding from HCD, it would be considered a “New Fund.” The City would Ordinance Committee
Local Housing Trust Fund

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be obligated to fund and operate the LHTF for at least five years after a Program Fund award date.

Locally, the Housing Trust Fund of Santa Barbara County is a nonprofit organization operating in Santa Barbara County since 2004 and is eligible to receive grant funds from HCD under the Local Housing Trust Fund Program. City staff met with the Housing Trust Fund of Santa Barbara County, who has suggested that the City, instead of creating a new trust, could utilize its Fund to invest City moneys which the Trust would use as matching funds for projects located within the City. (See attached letter.) LHTF Requirements
A LHTF must be created by an ordinance and receive “On-going Revenue” from a “Dedicated Source” of funds for at least five years and matching funds received from sources such as taxes, fees, loan repayments, or public or private contributions not otherwise restricted by state or federal law to affordable housing uses. To receive grant funding, the requirements below must be met for a qualifying project:

A. Funding Requests. Currently, the minimum funding request for a new LHTF is $500,000. The maximum request is $5 million.

B. On-Going Revenue. The LHTF must be supported by On-Going Revenue from any Dedicated Source of funds to support program activities. For a new LHTF, sufficient Dedicated Funds from On-going Revenue must be provided from public or private sources to pay for the LHTF’s operating costs for a minimum of five years after the date of the Program Award. Dedicated Sources cannot include lines of credit or loans. For Existing LHTFs, this equates to an average of $100,000 per year.

C. Matching Funds. Funding requests must be matched on a dollar-for-dollar basis and used for the same Eligible Project for which Program Funds are used. Matching Funds can come from sources such as taxes, fees, loan repayments, in-lieu fees, or public/private contributions but not from funds restricted for housing by federal or state law, such as Home Investment Partnership Program (HOME) Funds, Community Development Block Grant (CDBG) funds, former redevelopment agency low - and moderate-income housing funds or state housing programs administrated by HCD.

Permanent Local Housing Allocation Program (PLHA) funds, in-lieu fees, one-time sources (like a land donation) or one-time funding allocations are eligible. Matching Funds must be on-deposit or evidenced by a legally binding commitment for deposit at the time of application and on deposit prior to disbursement of Program Funds.

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Local Housing Trust Fund

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To qualify for a minimum application of $500,000, a New Santa Barbara LHTF would need dollar-for-dollar matching funds of at least $500,000. Matching funds could come from any combination of sources and include one-time donations and the prior funding allocation of $2,883,548 made by Council to a housing trust fund. (See Attachment 2 for examples of funding sources used by other LHTFs.) In Santa Barbara, potential matching funds could include the following:
(i) In-lieu fees;
(ii) PLHA funds;
(iii) Property Taxes;
(iv) Property Transfer Taxes;
(v) TOT allocation;
(vi) land donation; and
(vii) sales tax allocation.

D. Housing Element. The City must have an adopted Housing Element, which at the time of application, has been found to be in compliance with state Housing Element Law.

Annual progress reports must be submitted within the preceding 12 months. The City anticipates adoption of its 6th cycle housing element by the end of 2023. HCD then has up to 60 days to review the adopted Housing Element for compliance with state Housing Element Law. The City submits Annual Progress reports by April 1st each year, as required. If the City did have an approved Housing Element by end of 2023, the City could submit for the Spring 2024 funding cycle and may qualify for the additional set aside funding for new housing trust funds.

Use of LHTF Funds
A. Eligible Uses. Program Funds may be used for construction or permanent financing. Loan terms may not to exceed 3% simple interest per annum. Loans made solely for predevelopment or acquisition are not permitted but maybe include redevelopment and land acquisition costs.

B. Administrative Costs. Administrative expenses up to 5% of Program Funds and up to 5% of Matching Funds.

C. Affordability Restrictions:
(i) 5% administrative costs plus 5% matching funds are deducted off the top of the total funding to determine the affordability restrictions.

Ordinance Committee
Local Housing Trust Fund

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(i) At least 30% of balance must be expended on “extremely low” income households (30% AMI).
(ii) No more than 20% of balance shall be expended on moderateincome households whose income does not exceed 120% of AMI. (iii) Remaining balance may be expended on Lower-Income Households 80% of AMI.

Types of Projects
The following types of projects may be funded with LHTF moneys:
(i) Rental units with affordability of all assisted units income and rent restricted for not less than 55 years (no rental assistance);
(ii) Emergency shelter;
(iii) Transitional housing;
(iv) Permanent supportive housing;
(v) For sale homebuyer; and
(vi) ADUs and junior ADUs.

Other Requirements
A. Public hearings required to discuss use of funds.

B. Funds must be encumbered no later than 60 months after receipt.

C. Periodic reporting to HCD required.

SK/lp
Attachments: 1. Letter from Housing Trust Fund of Santa Barbara County 07/19/23

2. Examples of Allowable Dedicated Sources of On-going Revenue used by other LHTFs
Housins Trust IFund m sania Barbara counts
P.O. Box 60909, Santa Barbara, CA 93160-0909 (805) 685-1949 July 19, 2023
Laura Dubbels
Housing and Human Services Manager
City of Santa Barbara
Dear Laura:

Board of Directors:

Sylvia Barnard
Michael Bennett
Sheryl Flores
Roger L. Norton
Antoinette McCauley
Kristen Miller
Cody Sargeant
Rosa Paredes
Luis Villegas
Jessica Wishan
We saw the recent article about the debate going on about the use of the funds that the City of Santa Barbara has set-aside for affordable housing. We understand that there is a discussion on whether the funds should be used exclusively for the production, rehabilitation, and preservation of affordable housing units or for broader range of community housing issues. We understand that there is also some discussion about the City setting up its own housing trust fund where funds could be available for a variety of uses related to housing.

While the Housing Tmst Fund of Santa Barbara County does not have 'irons in the fire' on this debate, we wanted to offer the following perspective, in the hope that it might be useful in helping the City of Santa Barbara come to a decision about use of the set-aside funds for housing.

Our community already has a viable nonprofit Housing Trust Fund that has operated since 2004 and that has an excellent track record of supporting affordable housing production, first-time homeownership and most recently, housing innovations through our innovative 3D printed affordable home project. Please see our website at: wvvw.sbhousingtrysLorg. We would be happy to explore a partnership with the City of Santa Barbara where we might be of service through a combination of managing and/or leveraging City funds to support affordable housing production or other programs the City would like to pursue.

We operate an existing Revolving Loan Fund that has made loans totaling $9.7 million to facilitate the production of 422 units of affordable housing. For example, we recently we provided a permanent financing loan to Heath House and have provided several site acquisition and construction loans to Habitat for Humanity of Southern Santa Barbara County in the past to facilitate their projects. We have also worked with Peoples' Self-Help Housing, Good Samaritan Shelters, and other developers. If the City of Santa Barbara determined that it could invest funds into our Revolving Loan Fund Program, we would be able to target affordable housing projects within the City developed by the Housing Authority and other local nonprofit and private developers, so the funds would be dedicated to affordable housing production.

As a nonprofit agency, we can access resources from the private, public, and nonprofit sectors. For example, we have developed successful partnerships with a total of 12 lenders, foundations, and public agencies to augment our capital resources for both our Revolving Loan Fund and Workforce Homebuyer Program that provide loans to affordable housing projects and down payment assistance to first-time homebuyers. It seems that rather than setting up an entirely new entity, the City might consider the benefits of a partnership with an experienced nonprofit loan fund that has a successful track record of assisting both affordable housing projects and first-time homebuyers. Working with the existing HTF ATTACHMENT 1
might be a beneficial compromise and a way to address diverse affordable and workforce community housing goals and needs.

Moreover, we were to be able to use local match funds such as the City's funds to secure grants from the U.S. Treasury and State HCD (under the Local Housing Trust Fund Program) that can effectively double local dollars. We have secured over $6.5 million in grants from these two sources in the past.

Here is a summary of the advantages we could offer:
. We can access capital from all 3 sectors-private, public, and nonprofit-which is something that the City of Santa Barbara cannot easily do on its own.
. We have developed an existing network of successful partnerships over the years with local and regional lenders, foundations and funders that could be of significant benefit to leveraging the City's funds. We work with 8 banks, 2 foundations. State HCD and the U.S. Treasury CDH Fund. For example, we have secured over $7.2 million in low-cost private investments. . There is a strong probability that we would be able to double the City of Santa Barbara funds by using it as a local match to apply for U.S. Treasury grant funds and the State HCD Programs. . We are able to serve a broad range of the local population with household incomes ranging from 0% to 210% of Area Median Income as a charitable class under our exemption from the IRS. . We are a federally certified Community Development Financial Institution, a HUD certified Secondary Loan Provider and a State Bona Fide Nonprofit Affordable Housing Organization. . We include representatives from affordable housing producers on our Board of Directors and the Board can be expanded to include City of Santa Barbara representatives; . Our Loan Committee is comprised primarily of our lending partners and the City could participate on the committee; and,
. Our structure is flexible and if the City dedicated capital to HTF for use within the City of Santa Barbara, the City would be able outline the potential uses, proposed requirements and even interest rates, much like an endowed fund within a foundation.

If such a partnership is of interest to the City of Santa Barbara, we would welcome the opportunity to discuss this possibility with you.

Best Regards,
(T^t^L^- ^<Ty^<%<^l<^-
Jennifer McGovem
President/CEO
City/County Fund Name Source of Dedicated Funds Amount
San Francisco Housing Trust Fund City appropriation (General Fund?) $20M, increasing annually by $2.8M until 2024
$50.8M in 2024-2025
After 2024-2025, prior year
adjusted by +/- percentage in GF
If revised estimate lower than
original, decrease appropriation by
ordinance
Can reduce annual contribution to
HTF by equal to or less than 56.7%
of annual debt service for SB2113
Bonds
City of Berkeley Housing Trust Fund Federal: HOME Investment Partnerships Program (HOME), Community Development Block Grant (CDBG)
Measure O: $135M
Local: revenue from commercial development mitigation fees, new market rate housing, condominium conversions
City: 2018 Measure O bond measure, GF, Measure U1
City of Santa Monica Citywide Housing Trust Fund DA revenues; in-lieu fees; Affordable Housing Commercial Linkage Fee Program; sale of City-owned property
Local Housing Trust Fund Veterans and Affordable Housing Bond Act of 2018 (Prop 1) $57M City of Pasadena, Glendale, and
Burbank
Burbank, Glendale, Pasadena Regional
Housing Trust
SB 1177 $23M startup
City of Brea Affordable Housing Trust Fund In-lieu fees, equity share payment City of Fresno Local Housing Trust Fund City of Fresno Real Estate Transfer Tax $1.5M (2021) City of Fresno General Fund $1.0M (2021)
(State of California LHTF Grant Program) ($2.5M) (2021) City of Carlsbad Housing Trust Fund Inclusionary housing ordinance fees Revenue from: loan interest, housing credit purchases, housing impact fees, and interest earned on fund balance
FY2021-22
Beginning Balance $14,379,262
Fee Revenue $1,254,167
Interest Revenue $420,403
Loan Payments $18,850
Repayment from Section 8 Admin $94,116
Tyler Ct. Transfer $200,912
Total Increase in Fund Balance $1,988,448
City of Salinas Inclusionary Housing Trust Fund In-lieu fees, rental housing impact fees, monitoring and other fees, promissory note repayments, shared appreciation payments City of Los Angeles Affordable Housing Trust Fund Seed funding (2000) $5M Budgeted (2001) $10.5M
Proposed (2002) $100M
ATTACHMENT 2
City/County Fund Name Source of Dedicated Funds Amount
City of Oakland Affordable Housing Trust Fund jobs/housing impact fees, redevelopment dissolution funds, fines and penalties (foreclosure and default), affordable housing impact fees) City of Santa Cruz Affordable Housing Trust Fund in-lieu fees City of Livermore Housing Trust Fund (aka below) In-lieu fees / commercial linkage fee Affordable Housing Fund low income housing impact fee; varies depending on development intensity and projected low-income employees
$205,000 annually (projected)
City of Hayward Affordable Housing Trust Fund in-lieu fees City of South San Francisco Affordable Housing Trust Fund (Fund 205)
commercial linkage fee
City of Bakersfield Affordable Housing Trust Fund Measure N (Public Safety and Vital Services) (2021) $5M City of Palo Alto Affordable Housing Fund (see right for components)
Commercial Housing Fund: commercial mitigation fees
Residential Housing Fund: in-lieu fees
Below Market Rate Emergency Fund: fund transfer $150,000 from Residential Housing In-Lieu Fund
City of Sacramento Housing Trust Fund Housing trust fund fee (nonresidential development projects); amounts adopted by resolution from fee report calculations City of West Hollywood Affordable Housing Trust Fund In-lieu fees City of San Carlos Fund 29 - Housing In-Lieu Fund commercial linkage fee City of Santa Cruz Affordable Housing Trust Fund in-lieu fees; PLHA; donations

ORDINANCE COMMITTEE

STAFF DRAFT SHOWING CHANGES
FROM CURRENT CODE 12/12/23
1 ORDINANCE NO. _____

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE SANTA BARBARA
MUNICIPAL CODE BY ADDING CHAPTER 26.80

ESTABLISHING THE CITY OF SANTA BARBARA LOCAL

HOUSING TRUST FUND

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

SECTION 1. Title 26 of the Santa Barbara Municipal Code is amended by adding Chapter 26.80 which reads as follows:

26.80.010 Establishment and Purpose.

In accordance with Santa Barbara Charter Section 1215, the City Council hereby establishes the City of Santa Barbara Local Housing Trust Fund (“SBLHTF”), for the purpose of utilizing and leveraging locally generated dollars for the production and preservation of affordable housing units.

26.80.020 Definitions.

The following definitions shall apply to the interpretation of this Chapter:

A. AREA MEDIAN INCOME or AMI. The most recent applicable county median family income published by the State of California Department of Housing and Community Development (“HCD”).

B. ELIGIBLE PROJECT. Shall have the definition given in Cal. Code Regs.

Tit. 25 § 7302.

C. EXTREMELY LOW INCOME HOUSEHOLDS. Shall have the definition given in California Health & Safety Code Section 50106.

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2 D. HCD or DEPARTMENT. Shall mean the State of California Department of Housing and Community Development.

E. HCD GUIDELINES. As adopted by HCD to implement, interpret and make specific Health and Safety Code (HSC) Sections 50842.1, 50842.2, 50843.5 and 54006(f) which governs the Local Housing Trust Fund Program.

F. LOWER INCOME HOUSEHOLDS. Shall have the definition given in Health and Safety Code Section 50079.5.

G. MATCHING FUNDS. Funds to the SBLHTF that are provided on an ongoing basis from both private and public contributions or public sources and that are not otherwise restricted for housing use under federal or state law.

H. MODERATE INCOME HOUSEHOLDS. Shall have the definition given in Health and Safety Code Section 50093.

I. VERY LOW INCOME. Shall have the definition given in Health and Safety Code Section 50105.

26.80.030 Funding Sources.

SBLHTF shall receive funding from the sources set forth below. SBLHTF may also receive funding from any other legally available source.

A. MATCHING FUNDS. The SBLHTF shall receive Matching Funds in the amount of $2,883,548.00, that was allocated by the City Council on December 6, 2022, from the General Fund and specifically dedicated to a local housing trust fund.

B. ONGOING REVENUE. All inclusionary housing in-lieu fees collected under Sections 28.43.070, 28.43.030, 28.43.150, 28.43.120, and 30.160.070 in the Municipal

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3 Code shall be deposited in the Local Housing Trust Fund as a dedicated and continuous source to pay for the operating costs of the Fund for a minimum of the required first five years of the Fund’s existence.

C. City Council may allocate funds annually as Ongoing Revenue and Matching Funds to the SBLHTF to provide additional funding as needed.

26.80.040 Eligible Uses of SBLHTF.

A. Monies deposited in the SBLHTF shall be used to secure Program Funds under the applicable HCD Guidelines and statutes. Program Funds and Matching Funds shall be used for payment of predevelopment costs, acquisition, construction, or rehabilitation of Eligible Projects. Monies in the SBLHTF not used as Matching Funds or as Ongoing Revenue sources, may be used in accordance with the priorities identified by the Council approved Housing Element and financing strategy to construct, acquire, rehabilitate, or subsidize Very Low, Lower, and Moderate income housing.

B. Administrative expenses of up to five percent of Program Funds and Matching Funds are permitted.

C. At least 30 percent of Program Funds and Matching Funds shall be expended on assistance to Extremely Low Income Households.

D. No more than 20 percent of Program Funds and Matching Funds, shall be expended on assistance to Moderate Income Households.

E. The remaining Program Funds and Matching Funds may be expended on assistance to Lower Income Housing.

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FROM CURRENT CODE 12/12/23
4 F. Expenditures from the SBLHTF shall be controlled, authorized, and paid in accordance with general City budgetary policies. Execution of contracts related to the use or administration of SBLHTF monies shall be in accordance with requirements expressly contained in the City’s Charter, the Municipal Code, and City policy.

26.80.050 Administration of Funds.

A. Applications for funding shall be in a form approved by the Community Development Director and shall specify the Eligible Project and the number of Extremely Low, Very Low, Lower, and Moderate income housing units to be included in the Project.

The application shall also include all documentation and information deemed necessary by the Director for the evaluation of the application. The City Council shall approve or deny all applications for financial assistance from the SBLHTF.

B. In order to discuss the criteria to be used to select Eligible Projects to be funded, a public hearing shall be held by City Council.

C. The SBLHTF shall be administered by the Finance Director and applications for funding shall be submitted to the Community Development Director, who shall have the authority to prescribe regulations for the administration and use of the Funds.

D. Not later than July 31st of each year, the City shall provide the HCD with an annual report which contains the information required by the Guidelines, as may be amended from time to time. Additionally, revenues collected, funds committed, expenditures made, and any decisions made as to requests for reductions or exceptions shall be forwarded by the Finance Director and the Community Development Director and presented to the City Council.

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5 SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or any part hereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter of any part hereof. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.

SECTION 3. The City Council finds that, on the basis of the whole record and exercising its independent judgment, this Ordinance is not subject to environmental review pursuant to the State Guidelines for Implementation of the California Environmental Quality Act Section 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Ordinance has no potential for resulting in physical change to the environment directly or indirectly in that it merely regulates existing physical development.

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: December 12, 2023
TO: Ordinance Committee
FROM: City Attorney’s Office
SUBJECT: Continued Deliberation of Tenant Protection Ordinance RECOMMENDATION:

That Ordinance Committee consider and forward to City Council, for introduction and subsequent adoption, an Ordinance of the Council of the City of Santa Barbara amending the Santa Barbara Municipal Code by amending Sections 26.50.010, 26.50.040, 26.50.060, and 26.50.070 relating to Just Cause Eviction; by adding Section 26.50.055 to provide a Tenant Right of First Refusal to Re-rent following a No-Fault Just Cause Eviction; by adding Section 26.50.075 relating to Occupancy following a Substantial Remodel, and by adding Chapter 26.60 relating to Protection of Tenants from Harassment.

DISCUSSION
At its meeting of December 5, 2023, the Ordinance Committee received a staff presentation and heard public comments on the proposed tenant protection ordinance identified in the recommendation. Following public comments, Committee Chair Gutierrez closed the public input portion of the meeting and continued the matter for Committee deliberation and decision at the meeting on December 12, 2023. A copy of the December 5, 2023 agenda report is included as an attachment.

ATTACHMENTS: 1. December 5, 2023 Ordinance Committee Agenda Report

2. Proposed Ordinance
PREPARED BY: Daniel S. Hentschke, Assistant City Attorney SUBMITTED BY: Sarah J. Knecht, City Attorney
APPROVED BY: City Administrator's Office
Agenda Item No. 2
File Code No. 120.03

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: December 5, 2023
TO: Ordinance Committee
FROM: City Attorney’s Office
SUBJECT: Tenant Protection Ordinance
RECOMMENDATION:

BACKGROUND:

The Tenant Protection Act of 2019 (Stats. 2019, ch. 597; AB 1482) established statewide just cause eviction and relocation assistance protections for residential tenants, but also authorized cities to enact more protective local regulations which supersede State law.

On December 8, 2020, the City Council adopted Ordinance No. 5979 to establish local regulations that were more protective than the provisions of Civil Code Section 1946.2 as it existed at that time. On March 21, 2023, the City Council adopted Ordinance No. 6107 as an urgency measure further amending Municipal Code Chapter 26.50 to strengthen tenant protections regarding no-fault just cause eviction.

Shortly thereafter, the County Board of Supervisors adopted similar tenant protection measures applicable to unincorporated areas, and on July 11, 2023, the Board of Supervisors adopted an ordinance to provide tenants a right of first refusal to re-rent a unit following a no-fault just cause eviction.

During the current legislative session, the Legislature adopted Senate Bill 567 further amending Civil Code Section 1946.2 to provide additional tenant protections. The bill was signed by the Governor and is chaptered as 2023 Statutes, Chapter 290. The proposed ATTACHMENT 1
Ordinance Committee Agenda Report
Tenant Protection Ordinance
December 5, 2023

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ordinance will continue to provide greater protections than under Civil Code Section 1946.2 by providing higher relocation assistance amounts than State law, making permanent the temporary protections provided under Civil Code Section 1946.2, which were scheduled to sunset in 2030, and having an earlier effective date than some of the provisions adopted by Senate Bill 567. Further, the proposed ordinance adds a new Municipal Code chapter designed to prevent tenant harassment, which is modeled after similar ordinances of other California cities including Oakland and Los Angeles.

On October 27, 2023 a copy of the draft ordinance was distributed for review and comment to interested persons, including tenant and rental owner organizations and representatives.

DISCUSSION:

This report is organized by subject matter. The ordinance sections and page numbers that correspond to the subject matter are noted in parenthesis following each subject heading.

Right of First Refusal to Re-rent following a No-fault Just Cause Eviction (Section 6, page 12)
The new right of first refusal to re-rent is modeled after the recently adopted County ordinance. It is contained in Section 6 of the proposed ordinance, which adds Section

26.50.055 to the Municipal Code to do the following:
• Require an owner to give written notice to tenants of the right of first refusal at the same time the tenant is given notice of the termination of tenancy and notice of right to relocation benefits.
• Give tenants who are evicted for no-fault just cause a right of first refusal to re-rent the unit or a comparable unit for a period of two years. • Require tenants who wish to take advantage of the right of first refusal to keep the owner apprised of the tenants’ contact information.
• Require owners to make the offer to re-rent in the form of a written lease that complies with the City’s existing requirements under Chapter 26.40. • Require owners to establish the rental price in accordance with Civil Code § 1954.53, when applicable.
• Limit the rent for a re-rental following a no-fault eviction based on substantial remodel to an increase of 10% or 5% plus CPI, whichever is lower, of the rent at the time of the no-fault eviction.

The right to re-rent is additional to rights to re-rent under Civil Code Section 1946.2 (b)(2)(A)(vi) [right to re-rent if an intended family member fails to occupy a unit as their primary residence for at least 12 months] and 1946.2 (b)(2)(D)(iv) [right to re-rent if substantial remodel is not commenced or completed].

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Tenant Protection from Harassment (Section 8, Pages 13 - 17) Section 8 of the proposed ordinance will add a new Municipal Code Chapter 26.60 to protect tenants from willful harassment by owners and owners’ agents, contactors, subcontractors, or employees. Examples of activities that could constitute prohibited harassment include:
• Reducing or eliminating housing services required by a lease, contract, or law, including the elimination of parking if provided in the tenant’s lease or contract, or access to common areas or amenities.
• Failing to perform and timely complete legally required repairs and maintenance. • Failing to exercise due diligence in completing repairs and maintenance once undertaken or failing to follow appropriate industry standards designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts.
• Abusing the owner's right of access into a rental housing unit as established and limited by California Civil Code Section 1954, including entering or photographing portions of a rental unit that are beyond the scope of lawful entry or inspection. • Threatening a tenant, by work or gesture, with physical harm. • Misrepresenting to a tenant that the tenant is required to vacate a rental unit or enticing a tenant to vacate a rental unit through intentional misrepresentation or the concealment or omission of a material fact.
• Repeatedly offering unwanted payments or other inducements to a tenant to vacate.
• Threatening to report a tenant or other persons to any local, state, or federal agency on the basis of their perceived or actual immigration status. • Inquiring as to the immigration or citizenship status of a tenant, prospective tenant additional tenant, occupant, or prospective additional occupant of a rental unit. • Refusing to acknowledge or accept receipt of lawful rent payments. • Engaging in activity prohibited by federal, state, or local housing anti-discrimination laws.
• Retaliating, threatening, or interfering with tenant organizing activities, including forming or participating in tenant associations and unions. • Retaliating, threatening, or interfering with a tenant’s right to appear at Council meetings or file complaints with the City.
• Interfering with a tenant's right to privacy, including video or audio recording that captures the interior of a tenant's bedroom, bathroom, changing room, fitting room, dressing room, or the interior of any other area in which the occupant has a reasonable expectation of privacy.

The items are stated in full in proposed Section 26.60.010.

Enforcement of the anti-harassment protections would be by civil proceedings brought by an aggrieved tenant. Remedies include:

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• Actual damages.
• In the court’s discretion, reasonable attorney’s fees and costs. • Upon a showing that the owner has acted with oppression, fraud, or malice, up to three times the actual damages.
• An award may also be entered for punitive damages for the benefit of the tenant against the owner. Civil penalties up to $10,000 per violation, tenant relocation, and other appropriate relief.
• Injunctive relief and any other remedy provided by law.

Updates to Existing Just Cause Provisions (Sections 2 – 5, 7, Pages 2 – 13) Currently, Municipal Code Section 26.50.010 precludes owners of rental units from terminating a tenancy except for just cause. Just cause is either at-fault just cause or nofault just cause as defined in Municipal Code Section 26.50.070. Section 2 of the proposed ordinance will incorporate the definitions of at-fault just cause and no-fault just cause as adopted by Senate Bill 567. The amendment also declares existing law through an express statement that a termination of tenancy subject to the just cause requirement includes any attempt by an owner to recover a rental unit, including through expiration of a lease or failing or choosing not to renew a lease.

Ordinance Section 3 amends Municipal Code Section 26.50.040 to add a requirement for notification of a tenant’s right of first refusal to re-rent in connection with a no-fault just cause termination of a tenancy. It also adds a requirement to provide all notices required under Civil Code Section 1946.2 as amended by Senate Bill 567.

Existing remedies for violations of the just cause requirements include defense to an unlawful detainer action, civil damages, and administrative or criminal enforcement.

Section 4 of the proposed ordinance amends Municipal Code Section 26.50.060 to add civil damage awards mirroring those under amendments made by Senate Bill 567, including the potential for a court to award for up to three times actual damages in civil cases where the owner’s conduct is willful or done with fraud, malice, or oppression.

Just cause for termination of a tenancy is defined in Municipal Code Section 26.50.070.

Several amendments to the definitions of no-fault just cause are proposed in Section 5 of the draft ordinance starting at page 9. First, Subsection B. 2. a. amends requirements for no-fault just cause based upon recovery of a rental unit for the purpose of occupancy by the owner or a member of the owner’s family. The amendment will require the intended occupant of the unit to move into the rental unit within 90 days after the tenant vacates and to live at the unit for at least 12 consecutive months, otherwise, the tenant will have the right to re-rent the unit on the same terms as when the tenancy was terminated along with reimbursement of moving expenses. An exception exists where the intended occupant moves into the rental unit within 90 days but dies before having occupied the unit for 12 months. Second, Subsection B. 2. d. relating to demolition or substantial remodel of unit is amended to add a requirement for an opinion from an independent Ordinance Committee Agenda Report
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construction expert that the work cannot be reasonably accomplished in a safe manner with the tenant in place and that the work requires the tenant to vacate the unit for at least 30 consecutive days. That subsection is also amended to delete the requirement for early tenant alter notices because the notices were causing confusion and not serving their intended purpose. Further, with respect to the definition of substantial remodel, Subsection G of Section 26.50.070 will be amended to make it clear that any days where a tenant could continue living in a rental unit without violating health, safety, and habitability laws cannot be counted when determining if the work requires a tenant to vacate for at least 30 days.

Finally, Section 7 of the draft ordinance adds Municipal Code Section 26.50.075 to preclude an owner from re-renting a unit that has been substantially remodeled until all the permitted work has been inspected and certified as complete by the Building & Safety Division.

ENVIRONMENTAL REVIEW:

This Ordinance is not subject to environmental review pursuant to the State CEQA Sections 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and 15061 (b)(3), the common sense exception, because this Ordinance has no potential for resulting in physical change to the environment directly or indirectly in that it merely regulates existing physical development.

ATTACHMENT: Proposed Ordinance
PREPARED BY: Daniel S. Hentschke, Assistant City Attorney SUBMITTED BY: Sarah J. Knecht, City Attorney
APPROVED BY: City Administrator's Office
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1 ORDINANCE NO. _____

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE SANTA BARBARA
MUNICIPAL CODE BY AMENDING SECTIONS 26.50.010,

26.50.040, 26.50.060, AND 26.50.070 RELATING TO JUST
CAUSE EVICTION; BY ADDING SECTION 26.50.055 TO
PROVIDE A TENANT RIGHT OF FIRST REFUSAL TO RERENT FOLLOWING A NO-FAULT JUST CAUSE EVICTION; BY ADDING SECTION 26.50.075 RELATING TO

OCCUPANCY FOLLOWING A SUBSTANTIAL REMODEL,
AND BY ADDING CHAPTER 26.60 RELATING TO

PROTECTION OF TENANTS FROM HARASSMENT

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

SECTION 1. Findings and Determinations. The City Council finds and determines as follows:

A. Safe, decent, and sanitary housing is a human necessity and right.

B. The City Council reaffirms its General Plan Housing Element goal, first stated in 2005, of “ensuring affordable housing opportunities for all economic levels in the community, while protecting the character of established neighborhoods.” (2015 Housing Element, p.57.) The City Council also recognizes that providing a wide range of housing options is important to maintain an economically viable and socially diverse population, and to retain and house the City’s local workforce. The City’s General Plan Housing Element identifies renter-occupied housing units as comprising nearly 60% of the housing available in the City. (2015 Housing Element, p.26.) The Housing Element also documents that given local housing costs, nearly 44% of all households and almost 50% of renters are overpaying for housing. (2015 Housing Element, p.50.) Both the total ATTACHMENT 2

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2 percentage of City renters and the percentage of renters overpaying for housing are higher than statewide averages. Therefore, the City Council desires to establish reasonable protections for City residents living in rental housing that recognize the important role that rental housing plays in the provision of affordable housing.

C. The Tenant Protection Act of 2019 (Stats. 2019, ch. 597; AB 1482) established statewide just cause eviction and relocation assistance protections for residential tenants, but also authorized cities to enact more protective local regulations which supersede state law. In 2020, the City Council adopted Ordinance No. 5979 to establish local regulations that were more protective than the provisions of Civil Code Section 1946.2 as it existed at that time. The Legislature has amended Civil Code Section 1946.2 to provide additional tenant protections by the adoption of SB 567 in 2023 (Stats. 2023, ch. 290.) The amendments to Chapter 26.50 made by this ordinance provide greater protections than under Civil Code Section 1946.2. The City Council makes this binding finding because this Ordinance provides higher relocation assistance amounts than state law. In addition, this Ordinance provides additional tenant protections by making permanent the temporary protections provided under Civil Code Section 1946.2, which would otherwise sunset in 2030.

SECTION 2. Section 26.50.010 of Chapter 26.50 of Title 26 of the Santa Barbara Municipal Code is amended to read as follows:

26.50.010 Just Cause for Residential Evictions.

A. The owner of a rental unit shall not terminate the tenancy of a qualified tenant without just cause stated in full in the termination notice.

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3 B. Just cause includes at-fault just cause or no-fault just cause as defined in Section 26.50.070.

C. Just cause also includes at-fault just cause as defined in Civil Code Section 1946.2 (b)(1) and no-fault just cause as defined in Civil Code Section 1946.2(b)(2) as adopted by Section 2 of Chapter 290 of 2023 California Statutes.

D. If there is a conflict in a definition of just cause under Subsection B and Subsection C the definition under Subsection C will be applied unless the definition under Subsection B is more protective of tenant rights.

E. Termination of tenancy includes any attempt by an owner to recover possession of a rental unit, including any attempt to recover possession of the rental property for expiration of a lease, or choosing not or failing to offer a renewal of a lease.

This Subsection is declarative of existing law.

SECTION 3. Section 26.50.040 of Chapter 26.50 of Title 26 of the Santa Barbara Municipal Code is amended to read as follows:

26.50.040 Just Cause Eviction Notice Requirements.

A. The written notice to terminate tenancy shall state in full the facts and circumstances constituting the at-fault just cause or no-fault just cause for termination.

B. A written notice to terminate tenancy based upon no-fault just cause shall be accompanied by a supplemental notice informing each qualified tenant of their right to and the amount of a relocation assistance payment required by this Chapter.

C. Before the owner of a rental unit issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation ATTACHMENT 2

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4 to each qualified tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.

D. A written notice to terminate tenancy based upon a no-fault just cause eviction shall be accompanied by a supplemental notice informing each qualified tenant of the right of first refusal under Section 26.50.055. The notice shall advise the tenant of the owner’s contact information and of the tenant’s obligation to provide the tenant’s contact information to owner.

E. In addition to the requirements of this Section, a written notice of termination must contain all of the information required by Civil Code Section 1946.2 as adopted by Section 2 of Chapter 290 of 2023 California Statutes.

SECTION 4. Section 26.50.060 of Chapter 26.50 of Title 26 of the Santa Barbara Municipal Code is amended to read as follows :

26.50.060 Remedies.

A. Failure to provide each of the notices required by this chapter shall be a defense to any unlawful detainer action.

B. Failure to include all required information in the notices required by this chapter shall be a defense to any unlawful detainer action.

C. Failure to make a relocation assistance payment in a timely manner shall be a defense to any unlawful detainer action.

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5 D. Any violation of this chapter shall entitle the aggrieved tenant to actual damages according to proof and costs and attorney’s fees.

E. The City Attorney is authorized to enforce this chapter through administrative, civil, or criminal action. The City Attorney is further authorized to bring actions for injunctive relief on behalf of the City. The City Attorney shall seek recovery of costs, expenses, and attorney’s fees as allowed by law.

F. An owner who attempts to terminate a tenancy in material violation of this Chapter shall be liable to the tenant in a civil action for all the following:

1. Actual damages.

2. In the court’s discretion, reasonable attorney’s fees and costs.

3. Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.

SECTION 5. Section 26.50.070 of Chapter 26.50 of Title 26 of the Santa Barbara Municipal Code is amended to read as follows:

26.50.070 Definitions.

A. EARLY TENANT ALERT NOTICE. An additional written notice of no-fault just cause termination of a tenancy provided at least 60 days before the notice of termination required by Section 26.50.040 A.

B. JUST CAUSE. At-fault just cause and no-fault just cause, as follows:

1. At-fault just cause, which is any of the following:
a. Default in the payment of rent.

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6 b. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
c. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
d. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
e. The tenant had a written lease that terminated on or after the effective date of this chapter, and after a written offer from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of the same duration and with similar other terms, provided that those terms do not violate this chapter or any other provision of law.
f. Criminal activity by the tenant on the rental unit, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the rental unit, that is directed at any owner or agent of the owner of the rental unit; provided that criminal activity or criminal threat directed at a tenant who is a victim of domestic violence shall not be the basis for at-fault or no-fault just cause eviction of the tenant who is a victim of domestic violence. g. Assigning or subletting the premises in violation of the tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

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7 h. The tenant’s refusal to allow the owner to enter the rental unit as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
i. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. j. The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
k. When the tenant fails to deliver possession of the rental unit after providing the owner written notice as provided in Civil Code Section 1946 of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.

2. No-fault just cause is any of the following:
a. The owner seeks in good faith to recover possession of the rental unit for use and occupancy by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents if a provision of the lease allows the owner to terminate the lease when the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the rental unit. for a minimum of 12 continuous months as that person’s primary residence. This Subsection does not apply if the intended occupant occupies a rental unit on the property or if a ATTACHMENT 2

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8 vacancy of a similar unit already exists at the property. The written notice terminating a tenancy for a just cause pursuant to this subparagraph shall contain the name or names and relationship to the owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an owner or related to the owner. The proof shall be provided upon request and may include an operating agreement and other non-public documents. This subsection applies only if the intended occupant moves into the rental unit within 90 days after the tenant vacates and occupies the residential unit as a primary residence for at least 12 consecutive months. If the intended occupant fails to occupy the rental unit within 90 days after the tenant vacates or fails to occupy the rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written notice.

However, if the intended occupant moves into the rental unit within 90 days after the tenant vacates but dies before having occupied the rental unit as a primary residence for 12 months, this will not be considered a failure to comply with this section or a material violation of this section by the owner.
b. The owner seeks in good faith to recover possession to permanently withdraw the rental unit from the rental market. c. The owner seeks in good faith to comply with any of the following:

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9 i. An order issued by a government agency or court relating to habitability that necessitates vacating the rental unit. ii. An order issued by a government agency or court to vacate the rental unit.
iii. A local ordinance that expressly requires vacating the rental unit.
d. The owner seeks in good faith to recover possession to totally demolish or to substantially remodel the rental unit, provided the owner has done all of the following:
i. Given the tenants an early tenant alert notice advising the tenants of the owner’s intent to terminate the lease in reliance on this subsection.
iii. Obtained all permits necessary to carry out the demolition or substantial remodel from the applicable governmental agencies. ii. For a proposed substantial remodel, obtained a written opinion supported by a detailed explanation and signed under penalty of perjury from an independent construction expert, who holds a current and valid California Contractors State License Board license with classifications in A, B, or B-2, as applicable to the proposed work, stating that the work cannot be reasonably accomplished in a safe manner with the tenant in place and that the proposed work requires the tenant to vacate the rental unit for at least consecutive 30 days. The person preparing the report may not be the owner, the licensed contractor retained to perform the work, or otherwise be ATTACHMENT 2

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10 financially interested in the work other than payment for preparation of the report. The report must be filed concurrently with the building permit application for the proposed work.
iii. Served the tenants with a copy of the permits along with a written notice stating the reason for the termination, the type and scope of work to be performed, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work requires the tenant to vacate the residential real property for at least 30 consecutive days. The copy and notice shall be contained in or served concurrently with the notice of termination required by Section 26.50.040. iv. Filed with the Community Development Department a copy of the written opinion signed under penalty of perjury from the construction expert and the documents served on the tenant under subsection 2.d.iii.

C. OWNER. An owner as defined in Civil Code Section 1954.51. For purposes of Subsection B. 2. a. of this Section, owner also has the meaning defined in Civil Code Section 1946.2 (a)(2)(viii)(II).

D. QUALIFIED TENANT. A tenant who has continuously and lawfully occupied a rental unit for 12 months.

E. RENT. The total consideration charged or received by an owner in exchange for the use or occupancy of a rental unit.

F. RENTAL UNIT. Any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), ATTACHMENT 2

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11 together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant.

G. SUBSTANTIALLY REMODEL. The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable Federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the rental unit for at least 30 consecutive days. Substantial remodeling does not include cosmetic improvements, including painting and decorating, minor repairs, routine maintenance, or other work that can be performed safely without having the rental unit vacated. For purposes of this Subsection, a tenant is not required to vacate a rental unit on any days where a tenant could continue living in the rental unit without violating health, safety, and habitability codes and laws.

H. TENANT. Any renter, tenant, subtenant, lessee, or sublessee, or person entitled by written or oral agreement to occupy a rental unit, or any successor of any of the foregoing.

SECTION 6. Chapter 26.50 of Title 26 of the Santa Barbara Municipal Code is amended by adding Section 26.50.055 to read as follows:

26.50.055 Right to Re-rent Following No-Fault Just Cause Eviction.

A. The provisions of this Section are additional to the rights to re-rent provided to tenants under subsections (b)(2)(A)(vi) and (b)(2)(D)(iv) of Civil Code Section 1946.2 as adopted by Section 2 of Chapter 290 of 2023 California Statutes.

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12 B. A qualified tenant subject to a no-fault just cause termination of tenancy shall have a right of first refusal to re-rent the rental unit or a comparable new rental unit at the same property for a period of two years following the termination of tenancy, provided that the tenant has kept the owner notified of the tenant’s contact information according to the notice provided under Section 26.50.040 C.

C. An owner seeking to rent a unit to which a person has a right of first refusal to re-rent under subsection B. shall:

1. Have given the supplemental notice required by Section 26.50.040 D.

2. Offer each qualified tenant having a right of first refusal with respect to a unit a rental agreement in compliance with Section 26.40.010 of this Code. The offer shall be in the form of a written lease and shall remain open for acceptance for a period of not less than 30 days.

3. For a re-rental following a no-fault just cause termination of tenancy on grounds of a substantial remodel of the unit, establish the rental price for the unit at no more than gross rental rate charged for the unit at the time of the notice of termination of tenancy plus 5 percent plus the change in the cost of living, or 10 percent, whichever is lower, of the gross rental rate charged for the unit at the time of the notice of termination of tenancy.

4. For a tenancy not subject to paragraph 3, establish the rental price in accordance with Civil Code § 1954.53 when applicable.

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13 SECTION 7. Chapter 26.50 of Title 26 of the Santa Barbara Municipal Code is amended by adding Section 26.50.075 to read as follows:

26.50.075 Completion of Substantial Remodel Work.

An owner who has recovered possession of a rental unit for purposes of substantial remodel must not re-rent the unit until all permitted work has been completed and the Chief Building Official or his or her authorized representative has inspected the work and confirmed in writing that the permitted work has been completed.

SECTION 8. Title 26 of the Santa Barbara Municipal Code is amended by adding Chapter 26.60 to read as follows:

Chapter 26.60 Protection of Tenants

26.60.010 Tenant protections

26.60.020 Civil Enforcement

26.60.010 Tenant Protections.

A. It is a violation of this Section for an owner or the owner's agent, contractor, subcontractor, or employee, to willfully engage in a course of conduct that adversely affects a tenant’s use or enjoyment of a rental unit, housing opportunity, or housingrelated services or facilities, that serves no lawful purpose, and includes but is not limited to the following:

1. Reducing or eliminating housing services required by a lease, contract, or law, including the elimination of parking if provided in the tenant’s lease or contract, or access to common areas or amenities, except as necessary to comply with court order or local or state law, or to lawfully create an accessory dwelling unit or additional housing.

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14 2. Failing to perform and timely complete necessary repairs and maintenance required by local or state law.

3. Failing to exercise due diligence in completing repairs and maintenance once undertaken or failing to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts.

4. Abusing the owner's right of access into a rental housing unit as established and limited by California Civil Code Section 1954, including entering or photographing portions of a rental unit that are beyond the scope of lawful entry or inspection.

5. Threatening a tenant, by word or gesture, with physical harm.

6. Misrepresenting to a tenant that the tenant is required to vacate a rental unit or enticing a tenant to vacate a rental unit through intentional misrepresentation or the concealment or omission of a material fact. This includes misrepresenting a tenant’s rights under Chapters 26.40 and 26.50 of this Code.

7. Offering payments or other inducements to a tenant to vacate more than once in any six months, after the tenant has notified the owner in writing that the Tenant does not desire to receive further offers of payments or other inducements to vacate

8. Threatening to report a tenant or other person known to the owner to be associated with a tenant to any local, state, or federal agency on the basis of their ATTACHMENT 2

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15 perceived or actual immigration status. The prohibition shall not be construed as preventing communication with such agencies regarding an alleged immigration violation.

9. Inquiring as to the immigration or citizenship status of a tenant, prospective tenant additional tenant, occupant, or prospective additional occupant of a rental unit, or requiring any of these people to make any statement, representation, or certification concerning their immigration or citizenship status.

10. Refusing to acknowledge or accept receipt of lawful rent payments as set forth in a lease agreement or as established by the usual practices of the parties or applicable law.

11. Engaging in activity prohibited by federal, state, or local housing antidiscrimination laws.

12. Retaliating, threatening, or interfering with tenant organizing activities, including forming or participating in tenant associations and unions.

13. Retaliating, threatening, or interfering with a tenant’s right to petition the government for redress of grievances.

14. Interfering with a tenant's right to privacy. This includes, but is not limited to: video or audio recording that captures the interior of a tenant's bedroom, bathroom, changing room, fitting room, dressing room, or the interior of any other area in which the occupant has a reasonable expectation of privacy with the intent to invade the privacy of a person or persons inside, entering or photographing portions of a Rental Unit that are beyond the scope of a lawful entry or inspection, unreasonable inquiry into a ATTACHMENT 2

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16 Tenant's relationship status or criminal history, and unreasonable restrictions on or inquiry into overnight guests.

B. An owner or an owner's agent, contractor, subcontractor, or employee, in the course of the leasing or offering to lease a rental unit, is prohibited from requesting information that violates a Tenant's right to privacy, including but not limited to residence or citizenship status or social security number, except as required by law or, in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy, or not release such information except as required or authorized by law.

This includes a refusal to accept equivalent alternatives to information or documentation that does not concern immigration or citizenship status, e.g., an Individual Taxpayer Identification Number (ITIN).

C. An owner or an owner’s agent, contractor, subcontractor, or employee is prohibited from retaliating against a tenant because of the tenant's exercise of rights under this Section or Chapter 26.40 or 26.50 of this Code.

D. Nothing in this Section shall be construed as to prevent an owner or an owner’s agent, contractor, subcontractor, or employee from lawfully exercising the owner’s rights under Chapter 26.40 or 26.50 of this Code.

E. As used in this Chapter, owner has the same meaning as defined in Section

26.50.070 and includes landlord as defined in Section 26.40.030 of this Code.

26.60.020 Civil Enforcement.

A. An aggrieved tenant under this Chapter may institute civil proceedings as provided by law against an owner or an owner’s agent, contractor, subcontractor, or ATTACHMENT 2

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17 employee alleged to have violated the provisions of this Chapter, regardless whether the rental unit remains occupied or has been vacated due to the alleged violation.

B. A tenant prevailing in court may be awarded:

1. Actual damages.

2. In the court’s discretion, reasonable attorney’s fees and costs.

3. Upon a showing that the owner has acted with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.

C. The court may impose civil penalties up to $10,000 per violation, tenant relocation, and other appropriate relief.

D. Injunctive relief and any other remedy provided by law.

SECTION 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or any part hereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter of any part hereof. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.

SECTION 10. The City Council finds that, on the basis of the whole record and exercising its independent judgment, this Ordinance is not subject to environmental review pursuant to the State Guidelines for Implementation of the California Environmental Quality Act Sections 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and 15061 (b)(3) because this Ordinance has no potential for resulting in physical change to the environment directly or indirectly in that it merely regulates existing physical development.

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18 Agenda Item No. 1
File Code No. 120.04
10/17/2023 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
OCTOBER 17, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Pro Tempore Alejandra Gutierrez called the meeting to order at 10:03 a.m.

PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Alejandra Gutierrez.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon (10:04 a.m.), Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse (10:04 a.m.).

Councilmembers absent: None.

Staff present: Library Director Jessica Cadiente, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.

RECESS
Mayor Pro Tempore Alejandra Gutierrez recessed to closed session at 10:05 a.m. and stated that no reportable action is anticipated.

CLOSED SESSIONS

1. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is 1210 Cacique Street, LLC, v. City of Santa Barbara, et al., USDC Case No. 2:23-cv-08152-PA-RAO.

Agenda Item No. 2
10/17/2023 Santa Barbara City Council Minutes Page 2 of 3 Scheduling: Duration 60 mins; anytime
Report: None anticipated
Document:
- October 17, 2023, report from the City Attorney.

Time:
- 10:16 a.m. – 10:30 a.m.

No report made.

2. 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 Gina Battaglia v. City of Santa Barbara WCAB Case Nos.:

ADJ11068165, ADJ15534470.

Scheduling: Duration 15 mins; anytime
Report: None anticipated
Document:
- October 17, 2023, report from the City Attorney.

Time:
- 10:05 a.m. – 10:15 a.m.

No report made.

PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA
No one wished to speak.
10/17/2023 Santa Barbara City Council Minutes Page 3 of 3

ADJOURNMENT
Mayor Rowse adjourned the meeting at 10:30 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 12, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
10/24/2023 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
OCTOBER 24, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 10:30 a.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

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

Councilmembers absent: Alejandra Gutierrez
Staff present: City Administrator Rebecca Bjork, City Attorney Sarah Knecht, Deputy City Clerk Niko Lopez.

RECESS
Mayor Rowse recessed to closed session at 10:31 a.m. and stated that no reportable action is anticipated.

CLOSED SESSION

The pending litigation is BAMTech, LLC, Disney Platform Distribution, Inc. and Hulu, LLC, v. Keith DeMartini, in his official capacity as Tax Administrator of the City of Santa Barbara ADR Services Case No. 23-0394-JL. 10/24/2023 Santa Barbara City Council Minutes Page 2 of 2 Scheduling: Duration 60 mins; anytime
Report: None anticipated
Time: 10:40 a.m. – 11:14 a.m.

No report made.

PUBLIC COMMENT FOR ITEMS LISTED ON THE AGENDA

ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:14 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 12, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
10/17/2023 Santa Barbara City Council Minutes Page 1 of 7

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
OCTOBER 17, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:01 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: Library Director Jessica Cadiente, City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.

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

CONSENT CALENDAR (Item Nos. 1 – 9)
The titles of the Ordinances and Resolutions were read.

Motion:

Councilmembers Harmon/Sneddon to approve the entirety of the consent calendar as recommended.

Vote:

Unanimous roll call vote.
10/17/2023 Santa Barbara City Council Minutes Page 2 of 7

1. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes for the special meeting of September 26, 2023; and the regular meeting of September 19, 2023.

Action: Approved the recommendation.

2. Subject: Library Department Acceptance of Sustainable California Libraries Grant [Resolution] (570.04)
Recommendation: That Council:

A. Accept a grant in the amount of $21,750 from the California State Library for programming and educational opportunities focused on sustainability and climate resilience; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Accept a Grant in the Amount of $21,750 Funded by the California State Library.

Action: Approved the recommendations; Resolution No. 23-126 (October 17, 2023 Council Agenda Report and any attachments; proposed Resolution).

3. Subject: Grant Agreement in the Amount of $2,889,902.32 with the State of California Department of Forestry and Fire Protection (CAL FIRE) for the City of Santa Barbara Wildfire Prevention Project [Resolution] (520.03) Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara, State of California, Approving the Application and Accepting Grant Funds of $2,889,902.32 for the City of Santa Barbara Wildfire Prevention Project; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for the Parks and Recreation Department Fiscal Year 2024, to Appropriate State of California Department of Forestry and Fire Protection (Cal Fire) Funds for the Fiscal Year 2024 Wildfire Prevention Project.

Action: Approved the recommendations; Resolution Nos. 23-127 and 23-128 (October 17, 2023 Council Agenda Report and any attachments; proposed Resolutions).
10/17/2023 Santa Barbara City Council Minutes Page 3 of 7

4. Subject: Fiscal Year 2024 Interim Financial Statements for the Two Months Ended August 31, 2023 (250.02)
Recommendation: That Council accept the Fiscal Year 2024 Interim Financial Statements for the Two Months Ended August 31, 2023.

Action: Approved the recommendation (October 17, 2023 Council Agenda Report and any attachments).

5. Subject: Annual Supervisory Control and Data Acquisition Computer System Maintenance for Water Resources Division Facilities [Agreement] (540.01)
Recommendation: That Council authorize the Public Works Director to execute a City Task Order Agreement with Mako Automation, Inc., for annual Supervisory Control and Data Acquisition computer system maintenance and data integration support for the Water Resources Division’s water treatment and distribution facilities in an amount not to exceed $2,200,000 over a five-year period, ending June 30, 2028.

Action: Approved the recommendation; Agreement No. 28,426 (October 17, 2023 Council Agenda Report and any attachments).

6. Subject: Amendment to Agreement for Design Services for the Desalination Plant Offshore Pump Platform Stabilization Project [Agreement] (540.1) Recommendation: That Council authorize the Public Works Director to execute a Second Amendment to the agreement with Moffatt & Nichol, for design services for the Desalination Plant Offshore Pump Platform Stabilization Project, Contract No. 26,720, in the amount of $141,000, and authorize $14,100 for potential extra services, for a total expenditure authority of $294,140.

Action: Approved the recommendations; Agreement No. 26,720.2 (October 17, 2023 Council Agenda Report and any attachments).

7. Subject: Approval of Mills Act Historic Property Tax Reduction Contracts (270.06)
Recommendation: That Council:

A. Grant exceptions to the Mills Act contract threshold for assessed property valuation, pursuant to Santa Barbara Municipal Code §30.157.145.C.4.m., for the following historic properties:

1. 431 East Valerio Street (APN 027-123-006)

2. 101 West Canon Perdido Street (APN 037-042-037)

3. 115 East Islay Street (APN 027-041-012)
10/17/2023 Santa Barbara City Council Minutes Page 4 of 7

4. 1538 Alameda Padre Serra (APN 019-183-009)

5. 24 East Pedregosa Street (APN 027-032-003)

6. 820 Cima Linda Lane (APN 015-162-018)
B. Grant renewals of the Mills Act contracts for the following historic properties:

1. 117 West Mason Street (APN 033-101-003)

2. 211 East Padre Street (APN 025-252-007)
C. Authorize the Community Development Director to execute the six new Mills Act historic property contracts and to renew the two existing contracts.

Action: Approved the recommendations (October 17, 2023 Council Agenda Report and any attachments).

8. Subject: Public Outreach Services for the Vic Trace Reservoir Replacement Project [Agreement]
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services Agreement with Katz & Associates, Inc., in the amount of $135,260 for initial public outreach services for the Vic Trace Reservoir Replacement Project and authorize $13,526 for potential extra services, for a total expenditure authority of $148,786.

Action: Approved the recommendation; Agreement No. 28,429 (October 17, 2023 Council Agenda Report and any attachments).

9. Subject: Amendment to Legal Services Agreement for Special Workplace Investigation Services [Agreement] ()
Recommendation: That Council authorize the City Administrator to execute a second amendment to Agreement No. 28,381 for investigation services with Aisha Shelton Adam of the Adam Law Investigations firm to increase the not-to-exceed amount from $60,000 to a new amount not-to-exceed of $130,000 for special counsel services related to existing personnel matters.

Action: Approved the recommendation; Agreement No. 28,381.2 (October 17, 2023 Council Agenda Report and any attachments).

REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Eric Friedman reported that Finance Committee heard a report regarding funding sources to establish a local housing trust fund and voted unanimously to move the item forward.
10/17/2023 Santa Barbara City Council Minutes Page 5 of 7

PUBLIC COMMENT
Members of the Public: Daniel Rhoads; Alec Sandoval; Jack Anderson; Madeline Miller; Amber Asher; Max Golding; Wendy Santamaria; Rick Hansen; Clint Orr; Aron Ashland, Grecia Pizano.

PULLED CONSENT ITEMS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

10. Subject: Access Advisory Committee - Annual Report (640.03) Recommendation: That Council receive an update on the recent activities and achievements of the Access Advisory Committee.

Documents:
- October 17, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared by staff.

Speakers:
- Staff: City Engineer Brian D’Amour.
- Members of the Public: None.

Discussion:
- Councilmembers’ questions were answered.

11. Subject: Proposed Citywide Parklet Program (530.04) Recommendation: That Council:

A. Approve a Citywide Parklet Program for parklets located within the public right-of-way;
B. Direct the City Attorney's Office to draft an ordinance and fee resolution to implement the program and return the documents to Council for introduction and adoption; and
C. Determine that the proposed Citywide Parklet Program is exempt under California Environmental Quality Act Guideline Sections 15301 and 15303 and direct the filing of a Notice of Exemption under Section 15062. 10/17/2023 Santa Barbara City Council Minutes Page 6 of 7 Documents:
- October 17, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared by staff.

Speakers:
- Staff: Public Works Downtown Team Manager Brian Bosse; State Street Master Planner Tess Harris; Assistant City Attorney Dan Hentschke; Principal Traffic Engineer Derrick Bailey; Risk Manager Mark Howard; Chief Building Official Tina Dye; Downtown Plaza Parking Manager Sarah Clark. - Historic Landmarks Commission: Anthony Grumbine.
- Members of the Public: Trey Pinner; Robin Elander; Thorn Robertson; Bob Stout; Allie Chandler; Chad Stevens; Alex Gravenor; Kara Le; Jack Rafferty; Sean Sepulveda; Al Rojas; Joe Rafferty.

RECESS
5:05 p.m. – 5:15 pm

11. Subject: Proposed Citywide Parklet Program (530.04) (cont’d) Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers A. Gutierrez/Jordan for the staff recommendation, adding that do not want parklets on arterial roads, and excluding Coast Village Road from the action.

Vote:

Majority roll call vote (Noes: Councilmembers Friedman, Rowse).

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS
- Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Library advisory board; 2. Goleta Load Pocket kickoff; 3. Food truck event at Earl Warren.
- Mayor Pro Tem A. Gutierrez reported on their attendance at the following events or made the following comments: 1. Housing event; 2. Thanked Library for participation at Housing event.
- Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. Chamber of Commerce roundtable; 2.

Housing Day at de la Guerra Plaza; 3. Day in the Life of a Homeless Person; 4.

SB CLUE annual workshop; 5. Mystic Whaler tall ship fundraiser; 6. Youth Council; 10/17/2023 Santa Barbara City Council Minutes Page 7 of 7

7. Dinner with disabled rights activists; 8. Congratulating Alex Mack, who had jersey retired at San Marcos High School; 9. Condemns actions in recent video.

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Rowse adjourned the meeting at 6:08 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 12, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
10/24/2023 Santa Barbara City Council Minutes Page 1 of 8

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
OCTOBER 24, 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 on this day.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (2:15 p.m.), Oscar Gutierrez, Meagan Harmon (2:09 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.

CEREMONIAL ITEMS

1. Subject: National Arts & Humanities Month, October 2023 (120.04) Action: Mayor Rowse presented the proclamation to Sarah York-Rubin, who then presented the following speakers: Jennie Reinish, Adrienne de Guevara, Debra Herrick, Cheri Owen.

CHANGES TO THE AGENDA
City Administrator Rebecca Bjork announced that the following agenda item will not be heard by Council:
10/24/2023 Santa Barbara City Council Minutes Page 2 of 8

10. Subject: Conference with Labor Negotiator (440.05)
Recommendation: That Council hold a closed session pursuant to the authority of Government Code Section 54957.6 to consider instructions to City negotiator Wendy Levy, Human Resources Director, Sam Ramirez, Labor Relations Manager, Assistant City Attorney John Doimas, and Oliver Yee, Attorney with Liebert Cassidy Whitmore, regarding negotiations with, Service Employees’ International Union, Local 620, Treatment and Patrol Bargaining Units, Santa Barbara City Employees’ Association (General Bargaining Unit) Local 620 Service Employees’ International Union, Fire Management Association, Santa Barbara City Firefighters Association, Police Officers Association, Police Management Association, Santa Barbara City Supervisory Employees, and Unrepresented Management and Confidential Employees.

Scheduling: Duration, 45 Minutes; anytime
Report: None anticipated
CONSENT CALENDAR (Item Nos. 2 – 6)
The title of the Resolution was read.

Motion:

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

Vote:

Unanimous roll call vote (Absent: Councilmembers Harmon, A. Gutierrez).

2. Subject: Acceptance of State of California Office of Traffic Safety Selective Traffic Enforcement Grant [Resolution; Agreement] (520.04) Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2024 in the Police Department Miscellaneous Grants Fund Budget in the Amount of $180,000; and
B. Accept the State of California, Office of Traffic Safety Grant in the amount of $180,000 and authorize the Chief of Police to execute the grant agreement.

Action: Approved the recommendations; Resolution No. (October 24, 2023 Council Agenda Report and any attachments).
10/24/2023 Santa Barbara City Council Minutes Page 3 of 8

3. Subject: Agreement Between the Library Department and Family Service Agency of Santa Barbara for Community Support Services [Agreement] (570.04)
Recommendation: That Council authorize the Library Director to execute a City Professional Services Agreement in the amount of $126,833 with Family Service Agency of Santa Barbara to provide a Community Support Specialist contracted position that would work in collaboration with Library staff through June 30, 2024.

Action: Approved the recommendations; Agreement No. (October 24, 2023 Council Agenda Report and any attachments).

4. Subject: Increase in Professional Service Agreement with CIO Solutions, Limited Partnership, For Network Administration Services [Agreement] (520.04)
Recommendation: That Council authorize an increase in the professional service agreement with CIO Solutions, Limited Partnership (CIO Solutions), for Network Administration services, in the amount of $60,000, for a total not to exceed amount of $95,000.

Action: Approved the recommendation; Agreement No. (October 24, 2023 Council Agenda Report and any attachments).

5. Subject: Professional Services Agreement with Crossroads Software, Inc. for Electronic Traffic Citation Software Services (eCitation) [Agreement] (520.04)
Recommendation: That Council approve a professional service agreement with Crossroads Software, Inc. for the purchase of electronic traffic citation issuance software services (eCitation) in the amount of $39,500.

Action: Approved the recommendation; Agreement No. (October 24, 2023 Council Agenda Report and any attachments).

6. Subject: Purchase of Motorola Solutions, Inc. Radio Equipment (520.04) Recommendation: That Council authorize a purchase order in the amount of $1,834,205 for the purchase of radio equipment, accessories, and accompanying licenses from Motorola Solutions, Inc.

Action: Approved the recommendation (October 24, 2023 Council Agenda Report and any attachments).

This concluded the Consent Calendar.
10/24/2023 Santa Barbara City Council Minutes Page 4 of 8

REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that Finance Committee considered and recommended that City Council approve the restructure of Santa Barbara Community Housing Corporation’s loan on property located at 821 Bath Street, and recommended Council adoption of a pension management policy and Section 115 Trust.

PUBLIC COMMENT
Members of the public: Cyndi Silverman; Faris Sanjakdar; Liron Brish; Ashley Miners; Cassandra Ensberg; Izzy Sawyer; Rabbi Evan Goodman; Ruth Bar-Shalom; Sullivan Israel; L Johanna Israel; Phyliss Cohen; Amy Katz.

PULLED CONSENT ITEMS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember O. Gutierrez attended the following meeting or event: 1. Events and Festivals Committee meeting; 2. Arts Advisory Committee meeting.

Councilmember Sneddon attended the following meeting or event: 1. Commented that taking the flags down is unacceptable; thanked the Jewish Federation for support of the community; 2. Water Commission meeting; 3. Dia de Los Muertos event at the Art Museum; 4. Riviera Association meeting with Mayor Rowse; 5. Upper East Association;

6. State Street Advisory Committee; 7. COMB meeting.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

CITY ATTORNEY

7. Subject: Exception to the 180-Day Waiting Period to Hire a CalPERS Retired Annuitant in Accordance with Government Code Sections 7522.56 and 21224 [Resolution] (430.08)
Recommendation: That Council adopt, by reading of title only, a Resolution Approving Exception to the 180-day Waiting Period to Hire a CalPERs Retired Annuitant in Accordance with Government Code Sections 7522.56 and 21224.

The title of the Resolution was read.

Documents:
- October 24, 2023, report from the City Attorney.
- PowerPoint presentation prepared and made by staff.
- Proposed Resolution.
10/24/2023 Santa Barbara City Council Minutes Page 5 of 8 Speakers:
- Staff: City Attorney Sarah Knecht.
- Members of the public: Daquiri Beebe.

Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Sneddon/A. Gutierrez to approve the recommended action.

Vote:

Unanimous roll call vote; Resolution No.

PUBLIC WORKS DEPARTMENT

8. Subject: Capital Program Procurement Update and Need for Recommended Ballot Measure to Amend City Charter Enabling Additional Procurement Options (110.03)
Recommendation: That Council:

A. Receive a report from staff on current capital program procurement limitations and opportunities for improved project delivery through additional procurement methods; and
B. Direct staff to initiate procedural steps to place a ballot measure on the March 5, 2024, Presidential Primary Election.

Documents:
- October 24, 2023, report from the Public Works Director. - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Public Works Director Clifford Maurer; City Engineer Brian D’Amour; Assistant City Attorney Dan Hentschke.
- Members of the public: Margaret Crocco.

Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Jordan/Friedman to approve the recommended actions.

Vote:

Unanimous roll call vote.
10/24/2023 Santa Barbara City Council Minutes Page 6 of 8

MAYOR AND COUNCIL REPORTS

9. 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 October 31, 2023 (Est. time 4:00 p.m.) and November 7, 2023 (Est. time 6:00 p.m.).

Documents:
- October 24, 2023, report from the City Administrator.

Speakers:
- Staff: Deputy City Clerk Niko Lopez.
- Members of the Public: None.

Applicant Speakers: Committee:

David Rowell Housing Authority Commission
Michael Rassler Access Advisory Committee

CHANGES TO THE AGENDA
The Mayor announced that the closed session will be heard before the completion of the Advisory Group interviews.

RECESS
Mayor Rowse recessed to closed session at 3:15 p.m. and stated that no reportable action is anticipated.
10/24/2023 Santa Barbara City Council Minutes Page 7 of 8

CLOSED SESSION

11. Subject: Public Employment/Public Employee Appointment (440.05) Recommendation: That Council hold a closed session, per Government Code Section 54957(b)(1), to discuss appointment for the position of Interim City Administrator and, if appropriate, make a decision regarding that appointment.

Scheduling: Duration: 30 minutes; anytime
Report: Report anticipated.

Time: 3:26 p.m. – 4:13 p.m.

Report: No report was made.

9. Subject: Interviews for City Advisory Groups (140.05) (CONT’D) Applicant Speakers: Committee:

Lee Heller Creeks Advisory Committee
Suzanne Tejada Access Advisory Committee
Margie Yahyavi Arts Advisory Committee
Chryss Yost Arts Advisory Committee
Alan Kasehagen Civil Service Commission
Jenna Hamilton-Rolle Community Dev. & Human Services Committee Chris Cline Creeks Advisory Committee
Andrew Newkirk Downtown Parking Committee
Merit McCrea Harbor Commission
Amber Noelle Harbor Commission
Stephanie Farmer Historic Landmarks Commission
Michael Drury Historic Landmarks Commission
Sophia Rasura Historic Landmarks Commission
Jacob Lesner-Buxton Parks and Recreation Commission
Donald DeLuccio Planning Commission
Leesa Beck Rental Housing Mediation Board

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS
Councilmember Friedman attended the following meeting or event: 1. Sustainability Summit; 2. Airport Commission; 3. Coastal Cities committee meeting; 4. Harbor and Seafood Festival; 5. Sierra Club breakfast; 6. Sri Lanka Film Festival kickoff.

Councilmember O. Gutierrez attended the following meeting or event: 1. Boys and Girls Club event; 2. Brawling Bettys roller derby event.

PUBLIC COMMENT (IF NECESSARY)
10/24/2023 Santa Barbara City Council Minutes Page 8 of 8

ADJOURNMENT
Mayor Rowse adjourned the meeting at 5:06 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 12, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
10/31/2023 Santa Barbara City Council Minutes Page 1 of 10

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
OCTOBER 31, 2023
COUNCIL CHAMBERS, 735 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 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 (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.

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

CONSENT CALENDAR (Item Nos. 1 – 14)
The titles of the Ordinances and Resolutions were read.

Motion:

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

Vote:

Unanimous roll call vote.
10/31/2023 Santa Barbara City Council Minutes Page 2 of 10

1. Subject: Restructure of Santa Barbara Community Housing Corporation’s Loan on Property Located at 821 Bath Street [Ordinance Introduction] (640.08)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Restated Loan Agreement with Santa Barbara Community Housing Corporation, a California Nonprofit Public Benefit Corporation, Secured by a Restated Deed of Trust, and New Ninety-Year Affordability Control Covenant Imposed on Real Property Located at 821 Bath Street; and Authorizing the Community Development Director to Execute Such Agreements, Subject to Approval as to Form by the City Attorney, as Necessary.

Action: Approved the recommendation (October 31, 2023 Council Agenda Report and any attachments; proposed Ordinance).

2. Subject: Debt Management Policy Revision, Reimburse Expenditures from Proceeds of Indebtedness for the Policy Facility, and Establish a Joint Powers Authority to Issue Future Debt [Ordinance Introduction; Resolution] (210.01)
Recommendation: That Council:

A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Execution and Delivery of a Joint Exercise of Powers Agreement by and Between the City and the California Statewide Communities Development Authority and Other Matters Related Thereto;
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending a Debt Management Policy and Repealing Resolution 17-094; and
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Setting Forth the Official Intent of the City of Santa Barbara to Reimburse Certain Expenditures from Proceeds of Indebtedness for the Upcoming Police Facility.

Action: Approved the recommendations; Resolution Nos. 23-131 and 23-132 (October 31, 2023 Council Agenda Report and any attachments; proposed Ordinance; proposed Resolutions).

3. Subject: Amendment to Position Salary Control Resolution 23-081 with Updates to Classification and Compensation for Certain Positions [Resolution] (410.06)
10/31/2023 Santa Barbara City Council Minutes Page 3 of 10 Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution 23-081, the Position Salary Control Resolution for Fiscal Year 2024, to Amend the Established Salary for Positions as Listed and to Establish Classifications Listed.

Action: Approved the recommendation; Resolution No. 23-133 (October 31, 2023 Council Agenda Report and any attachments; proposed Resolution).

4. Subject: Records Destruction for Finance Department [Resolution] (210.01) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Relating to the Destruction of Records Held by the Finance Department in the Accounting, Administration, General Services, Risk Management, and Treasury Divisions.

Action: Approved the recommendation; Resolution No. 23-134 (October 31, 2023 Council Agenda Report and any attachments; proposed Resolution).

5. Subject: Approval of the Fiscal Year 2023-2024 Agreement for Operation of a Countywide Library System and Appropriation of County Per Capita Funds [Resolution; Agreement] (570.04)
Recommendation: That Council:

A. Approve and authorize the City Administrator to execute the Fiscal Year 2023-2024 Agreement for Operation of a Countywide Library System between the County of Santa Barbara and the City of Santa Barbara for the operation of Libraries belonging to the Countywide Library System; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Decrease Revenue Appropriations by $71,187 in the Fiscal Year 2024 Library General Fund and Increase Revenue Appropriations by $270,017 in the Fiscal Year 2024 Library County Fund Budget for County Per Capita Funds from the County of Santa Barbara for the Operation of Library Services.

Action: Approved the recommendations; Resolution No. 23-135; Agreement No. 28,433 (October 31, 2023 Council Agenda Report and any attachments; proposed Resolution).

6. Subject: Award Contracts for Construction and Authorize a Memorandum of Understanding with the Santa Barbara County Association of Governments for the Cabrillo Boulevard at Los Patos Way Roundabout Project [Resolution; Agreement] (150.03)
10/31/2023 Santa Barbara City Council Minutes Page 4 of 10 Recommendation: That Council:

A. Award a contract with Granite Construction Company in their low bid amount of $7,197,448 for construction of the Cabrillo Boulevard at Los Patos Way Roundabout Project, Bid No. 4049; and authorize the Public Works Director to execute the contract and approve expenditures up to $719,744 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment;
B. Authorize the Public Works Director to execute a contract with Filippin Engineering, Inc., in the amount of $658,000 for construction management, monitoring, and inspection services of the Cabrillo Boulevard at Los Patos Way Roundabout Project, and authorize the Public Works Director to approve expenditures up to $65,800 for potential extra services, for a total expenditure authority of $723,800;
C. Authorize the Public Works Director to execute Amendment No. 4 to the City Professional Services Agreement No. 26,031 with T.Y. Lin International in the amount of $140,637 for design support during construction of the Cabrillo Boulevard Roundabout at Los Patos Way Project, and authorize the Public Works Director to approve expenditures up to $14,163 for potential extra services, for a total expenditure authority of $154,800; D. Authorize the City Administrator to execute the Memorandum of Understanding between the Santa Barbara County Association of Governments and the City of Santa Barbara for the construction of the Cabrillo Boulevard at Los Patos Way Roundabout Project; and E. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Appropriate Funds for the Construction of the Cabrillo Boulevard at Los Patos Way Roundabout Project.

Action: Approved the recommendations; Resolution No. 23-136; Agreement Nos. 28,434, 28,435, 26,031.4, and 28,436 (October 31, 2023 Council Agenda Report and any attachments; proposed Resolution).

7. Subject: Acceptance of Grant Funds for Electric Vehicle Charging Station Infrastructure [Resolution; Agreement] (630.02)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Accepting Grant Funds, Authorizing the Sustainability and Resilience Director to Enter into Grant Agreements, and Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 24 to Increase Revenue and Expenditure Appropriations by $800,000 in the 10/31/2023 Santa Barbara City Council Minutes Page 5 of 10 Sustainability and Resilience Department Fiscal Year 2024 Miscellaneous Grants Fund for Electric Vehicle Charging Infrastructure.

Action: Approved the recommendation; Resolution No. 23 -137 (October 31, 2023 Council Agenda Report and any attachments; proposed Resolution).

8. Subject: September 30, 2023, Investment Report and September 30, 2023, Fiscal Agent Report (260.02)
Recommendation: That Council:

A. Accept the September 30, 2023, Investment Report; and B. Accept the September 30, 2023, Fiscal Agent Report.

Action: Approved the recommendations (October 31, 2023 Council Agenda Report and any attachments).

9. Subject: Approval of Banking Services and Custodial Agreements [Agreement] (210.03)
Recommendation: That Council Approve a Sixth Amendment to Agreement No. 25,036 with US Bank for banking and trust custodial services, executing a 12- month extension at a net cost estimated at $1,900 per month for the banking services and $3,000 for the trust custodial services.

Action: Approved the recommendation; Agreement No. 25,036.6 (October 31, 2023 Council Agenda Report and any attachments).

10. Subject: Authorization to Amend Legal Services Agreement with Richards Watson & Gershon [Agreement] (540.06)
Recommendation: That Council authorize the City Attorney to execute an amendment to the legal services agreement with Richards Watson & Gershon, a professional corporation, for legal services relating to litigation to enforce the City’s waterline easements, to increase the contract not to exceed amount by $35,000 (from $35,000 to $70,000), to be paid from funds appropriated to the Public Works Water Resources Division.

Action: Approved the recommendation; Agreement No. 28,437 (October 31, 2023 Council Agenda Report and any attachments).

11. Subject: Amendment to Professional Services Agreement for the Evaluation of Proposed Development at Paseo Nuevo [Agreement] (610.04) 10/31/2023 Santa Barbara City Council Minutes Page 6 of 10 Recommendation: That Council authorize the Community Development Director to execute the first amendment to increase the amount of Santa Barbara City Agreement No. 22300248 with Strategic Economics, Inc., by $58,531, for a total contract amount of $93,531, to provide consulting services for the evaluation of proposed development at Paseo Nuevo, including assessing the economics of the development proposal as described in scope of services detailed in Exhibit A of the original contract.

Action: Approved the recommendation; Agreement No. 28,438 (October 31, 2023 Council Agenda Report and any attachments).

12. Subject: Contract Amendment for Construction Support Services for the Santa Barbara Airport South Terminal Apron Redevelopment Project [Agreement] (560.04)
Recommendation: That Council authorize the Public Works Director to execute the First Contract Amendment with Applied Earthworks, Inc., for archaeological and Native American monitoring services for the Santa Barbara Airport South Terminal Apron Redevelopment Project, Contract No. 28,270, in the amount of $57,339, for a total expenditure authority of $126,399.

Action: Approved the recommendation; Agreement No. 28,270.1 (October 31, 2023 Council Agenda Report and any attachments).

13. Subject: Authorization to Amend Legal Services Agreement with ADR Services, Inc. [Agreement]
Recommendation: That Council authorize the City Attorney to execute an amended legal services agreement with ADR Services, Inc., for independent hearing officer services by Justice James Lambden (Ret.) in an amount not to exceed $35,000, (from $35,000 to $70,000).

Action: Approved the recommendation; Agreement No. 28,439 (October 31, 2023 Council Agenda Report and any attachments).

14. Subject: Authorization to Directly Negotiate with Vendors for Fleet-Related Purchases in Fiscal Years 2024 and 2025
Recommendation: That Council:

A. Authorize the General Services Manager to waive the formal bid process for fleet purchases for Fiscal Years 2024 and 2025 on the condition that either a cooperative agreement is used based on low price or best value, or a vehicle is bought off the lot at or below the manufacturers’ suggested retail price; and
10/31/2023 Santa Barbara City Council Minutes Page 7 of 10 B. Approve of standardizing on Scelzi truck bodies based on a best interest finding per Section 4.52.070 (L) of the Municipal Code.

Action: Approved the recommendations (October 31, 2023 Council Agenda Report and any attachments).

This concluded the consent calendar.

REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair O. Gutierrez reported that the Committee heard a presentation regarding Amendment to Average Unit-Size Density Incentive Program and voted to move the item to Council consideration.

PUBLIC COMMENT
Members of the public: Marcy Winograd; Elena Pasquarella; Mikhail Reheem; Bryan Rosen.

PULLED CONSENT ITEMS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

15. Subject: Monthly Update on State Street Interim Operations Recommendation: That Council:

A. Receive and consider an update on State Street Interim Operations and provide direction as appropriate; and
B. Authorize the expenditure of $55,000 from the Streets Fund for the installation of temporary bicycle lanes on the 500 through 1200 blocks of State Street.

Documents:
- October 31, 2023 Council Agenda Report and any attachments. - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Public Works Manager Brian Bosse; Principal Traffic Engineer Derrick Bailey.
- Historic Landmarks Commission: Charles McClure; Cass Ensberg. 10/31/2023 Santa Barbara City Council Minutes Page 8 of 10 - Access Advisory Committee: Dr. James Marston.
- Members of the Public: George Lilly; Barry Remis; Robin Elander; Jim Marston; Hank Ford; Anne Flanke; Ja’Mondre Black; Sullivan Israel; Tristen Miller; Ron Robertson Jr. DDS.

Discussion:
- Councilmembers’ questions were answered.

Motion:

Councilmembers Sneddon/Harmon to authorize expenditure of $55,000 from General Fund for installation of temporary bicycle lanes on the 500 through 1200 blocks of State Street.

Vote:

Majority roll call vote. (Noes: Councilmember Friedman, Mayor Rowse).

RECESS
4:07 p.m. – 4:16 p.m.

MAYOR AND COUNCIL REPORTS

16. 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 November 7, 2023 (Est. time 6:00 p.m.).

Documents:
- October 31, 2023 Council Agenda Report and any attachments.

Speakers:
- Staff: Deputy City Clerk Niko Lopez.
- Members of the Public: None.

Applicant Speakers: Committee:

Jim Marston Access Advisory Committee
Dennis Whelan Architectural Board of Review
Donna Lewis Civil Service Commission
Antoinette Chartier Community Events and Festivals Committee Richard Smalldon Harbor Commission
Amber Noelle Harbor Commission
Michael Nelson Harbor Commission
Fred Sweeney Planning Commission
10/31/2023 Santa Barbara City Council Minutes Page 9 of 10 Applicant Speakers: Committee:

Teresa Patino Rental Housing Mediation Board
Marilyn Loperfido Rental Housing Mediation Board
Kavya Suresh Santa Barbara Youth Council
Jeffrey Young Water Commission
Arturo Keller Water Commission

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS
Councilmember Friedman reported on their attendance at the following events or made the following comments: 1. Long Range Development Committee; 2. CCWA meeting; 3.

Sea Level Rise Committee; 4. San Marcos Academy Day of Caring volunteering; 5. Noted Halloween occurrence on Council meeting day.

Councilmember O. Gutierrez reported on their attendance at the following events or made the following comments: 1. 50th Anniversary of City College study abroad program; 2.

MLK Committee; 3. Mayor’s Awards; 4. Assistance League event; 5. City College trunk or treat event; 5. Event honoring Manual Unzueta; 6. Westmont meeting; 7. Braille Institute open house; 8. PAL trunk or treat; 9. Chinatown event in Los Angeles with Sister Cities group; 10. Sri Lankan Film Festival opening gala; 11. Spoke with UCSB political science majors; 12 PATH Dia de los Muertos ceremony
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. City College event honoring Manuel Unzueta; 2. Lead beach geology walk for Riviera Association; 3. Congratulated Gracie Fischer and Airport sunflower program; 4. Supported Sojourner Kincaid in hospice.

Mayor Pro Tem A. Gutierrez reported on their attendance at the following events or made the following comments: 1. Ceylon film festival closing ceremony; 2. Event honoring Manuel Unzueta; 3. PAL trunk or treat event.

PUBLIC COMMENT (IF NECESSARY)
10/31/2023 Santa Barbara City Council Minutes Page 10 of 10

ADJOURNMENT
Mayor Rowse adjourned the meeting at 5:08 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on ____, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
11/07/2023 Santa Barbara City Council Minutes Page 1 of 15

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
NOVEMBER 7, 2023
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:01 p.m. (The Ordinance Committee met at 12:00 p.m. The Finance Committee, which ordinarily 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 (2:04 p.m.), Oscar Gutierrez, Meagan Harmon, Kristen W. Sneddon, Mayor Randy Rowse.

Councilmembers absent: Mike Jordan.

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

CEREMONIAL ITEM

1. 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 November 30, 2023.

Action: City Administrator Rebecca Bjork read the names of employees who received service award pins for their years of service. 11/07/2023 Santa Barbara City Council Minutes Page 2 of 15

CHANGES TO THE AGENDA
City Administrator Rebecca Bjork stated that the following Closed Session has been rescheduled to be heard at a future meeting:

26. 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 Karen Barrows v. County of SB, et al. SBSC Case No. 22CV03508.

Scheduling: Duration 15 mins; anytime
Report: None anticipated
CONSENT CALENDAR (Item Nos. 2 – 3, 5 – 21)
The titles of the Ordinances and Resolutions were read.

Motion:

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

Vote:

Unanimous roll call vote.

2. Subject: Restructure of Santa Barbara Community Housing Corporation’s Loan on Property Located at 821 Bath Street [Ordinance Adoption] (640.08) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Restated Loan Agreement with Santa Barbara Community Housing Corporation, a California Nonprofit Public Benefit Corporation, Secured by a Restated Deed of Trust, and New Ninety-Year Affordability Control Covenant Imposed on Real Property Located at 821 Bath Street; and Authorizing the Community Development Director to Execute Such Agreements, Subject to Approval as to Form by the City Attorney, as Necessary.

Action: Approved the recommendation; Ordinance No. 6127. 11/07/2023 Santa Barbara City Council Minutes Page 3 of 15

3. Subject: Establish a Joint Powers Authority to Issue Future Debt [Ordinance Adoption] (210.01)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Execution and Delivery of a Joint Exercise of Powers Agreement by and Between the City and the California Statewide Communities Development Authority and Other Matters Related Thereto.

Action: Approved the recommendation; Ordinance No. 6128.

5. Subject: Communication Facilities License Agreement with COX Business and SBA RAC Participants/DBA AvAirPros Services [Ordinance Introduction] (560.01)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Airport Director to Execute a Communication Facilities License Agreement with COX Business and SBA RAC Participants/DBA AvAirPros Services, Located at 25 David Love Place, Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation (November 7, 2023 Council Agenda Report and any attachments; proposed Ordinance).

6. Subject: Statement of Investment Policy and Delegation of Investment Authority for Calendar Years 2023 and 2024 [Resolution] (260.01) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the Investment Policy for the City and Rescinding Resolution No. 22-131.

Action: Approved the recommendation; Resolution No. 23-138 (November 7, 2023 Council Agenda Report and any attachments; proposed Resolution).

7. Subject: Conservation Easement with Santa Barbara County for the Barger Canyon Open Space (APN 055-020-34) [Resolution] (630.02) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Sustainability and Resilience Director to Execute a Conservation Easement and All Necessary Related Documents with Santa Barbara County for the Barger Canyon Open Space (APN 055-020-34).

Action: Approved the recommendation; Resolution No. 23-139 (November 7, 2023 Council Agenda Report and any attachments; proposed Resolution). 11/07/2023 Santa Barbara City Council Minutes Page 4 of 15

8. Subject: California Department of Parks and Recreation, Division of Boating and Waterways, Grant for Disposal of Surrendered or Abandoned Recreational Vessels [Resolution; Agreement] (570.03)
Recommendation: That Council:

A. Authorize the Waterfront Director to execute an agreement with the California Department of Boating and Waterways, Division of Boating and Waterways, accepting a $65,500 grant for the removal of abandoned or voluntarily surrendered recreational boats and associated hazards to navigation; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Appropriate Funds for the California Department of Parks and Recreation, Division of Boating and Waterways, Grant for Disposal of Surrendered or Abandoned Recreational Vessels.

Action: Approved the recommendations; Resolution No. 23-140; Agreement No. 28,440 (November 7, 2023 Council Agenda Report and any attachments; proposed Resolution).

9. Subject: Agreement with LCT Software LLC (DigEplan) for Accela Electronic Plan Review Software to Enhance the Plan Review Process and Improve Customer Service [Resolution; Agreement] (170.04)
Recommendation: That Council:

A. Authorize the Information Technology Director to execute a Master Customer Agreement contract with LCT Software LLC (DigEplan) in the amount of $175,050, for Accela Electronic Plan Review Software to include licensing, maintenance and support;
B. Authorize the Information Technology Director to execute a Professional Services Agreement contract with TruePoint Solutions, LLC in the amount of $36,730, the base contract amount is $34,980 with an additional $1,750 for extra services that may result from necessary changes in the scope of work, for Accela Electronic Plan Review Software to include implementation services for DigEplan; and
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Approve an Increase in Fiscal Year 2024 Expenditure Appropriations in the Capital Outlay Fund in the Amount of $38,277 Funded by Community Development and Public Works Technology Fee Reserves 11/07/2023 Santa Barbara City Council Minutes Page 5 of 15 to Fund a Portion of the Fiscal Year 2024 DigEplan Licensing, Maintenance, and Support Costs.

Action: Approved the recommendations; Resolution No. 23-141; Agreement Nos. 28,441 and 28,442 (November 7, 2023 Council Agenda Report and any attachments; proposed Resolution).

10. Subject: Environmental Services for the Water Resources Operations and Maintenance Building Project [Resolution; Agreement] (540.01) Recommendation: That Council:

A. Authorize the Public Works Director to execute a City Professional Services contract with Dudek in the amount of $238,548 for environmental services for the Water Resources Operations and Maintenance Building Project and authorize $35,782 for potential extra services, for a total expenditure authority of $274,330; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for Fiscal Year 2024, to Appropriate Funds for Environmental Services for the Water Resources Operations and Maintenance Building Project.

Action: Approved the recommendations; Resolution No. 23-142; Agreement No. 28,443 (November 7, 2023 Council Agenda Report and any attachments; proposed Resolution).

11. Subject: Amendment to Professional Services Agreement for Community Outreach Services [Resolution; Agreement] (170.01)
Recommendation: That Council:

A. That Council approve an amendment to the Professional Services Agreement with GrassrootsLab LLC. for Community Outreach Services to increase the contract amount by $77,000 for a new total amount of $112,000; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 23-076, Adopting the Budget for City Administrator’s Office Fiscal Year 2024, to Appropriate Available General Fund Reserves into the City Administrator's Office Budget for Community Outreach Services.

Action: Approved the recommendations; Resolution No. 23-143; Agreement No. 28,444 (November 7, 2023 Council Agenda Report and any attachments; proposed Resolution).
11/07/2023 Santa Barbara City Council Minutes Page 6 of 15

12. Subject: Professional Services Agreement with DesignARC, Inc. for Franceschi Park Interpretive Pavilion Preliminary Design [Agreement] (570.05)
Recommendation: That Council authorize the Parks and Recreation Director to execute a professional services agreement with DesignARC, Inc. in the amount of $302,530 for the preliminary design of the Franceschi Park Interpretive Pavilion Project, and approve expenditures of up to $30,253 to cover any additional cost that may result from necessary changes in the scope of work.

Action: Approved the recommendation; Agreement No. 28,445 (November 7, 2023 Council Agenda Report and any attachments).

13. Subject: Design Services for the Fiscal Year 2025 Capital Pavement Maintenance Projects [Agreement] (530.04)
Recommendation: That Council:

A. Approve the extension of the selection of Flowers & Associates, Inc. to provide professional engineering design and construction management services for the annual Capital Pavement Maintenance Projects scheduled for Fiscal Years 2020 through 2024 to include Fiscal Year 2025; and B. Authorize the Public Works Director to execute a City Professional Services contract with Flowers & Associates, Inc. in the amount of $371,028 for design services of the Fiscal Year 2025 Capital Pavement Maintenance Projects, and authorize $37,103 for potential extra services, for a total expenditure authority of $408,131.

Action: Approved the recommendations; Agreement No. 28,446 (November 7, 2023 Council Agenda Report and any attachments).

14. Subject: Construction Management Services for Water Main Replacement Projects [Agreement] (540.06)
Recommendation: That Council:

A. Authorize the Public Works Director to execute a City Professional Services contract with Flowers & Associates, Inc., in the amount of $1,288,176 for construction management and inspection services, and authorize $128,817 for potential extra services, for a total expenditure authority of $1,416,993 or the Fiscal Year 2023 Water Main Replacement Project; and B. Authorize the Public Works Director to execute the Second Contract Amendment with Flowers & Associates, Inc., for construction management and inspection services for the Fiscal Year 2021B Water Main Replacement 11/07/2023 Santa Barbara City Council Minutes Page 7 of 15 Project Contract No. 28,217, in the amount of $59,252, for a total expenditure authority of $438,287.

Action: Approved the recommendations; Agreement Nos. 28,447 and 28,217.2 (November 7, 2023 Council Agenda Report and any attachments).

15. Subject: Design Services for the Milpas Street Crosswalk Safety and Sidewalk Improvements Project [Agreement] (530.04)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with GHD Inc. in the amount of $1,524,277 for design services of the Milpas Street Crosswalk Safety and Sidewalk Improvements Project, and authorize $152,428 for potential extra services, for a total expenditure authority of $1,676,705.

Action: Approved the recommendation; Agreement No. 28,448 (November 7, 2023 Council Agenda Report and any attachments).

16. Subject: Approval of Transient Occupancy Tax and Cannabis Audit Services Agreement [Agreement] (220.03)
Recommendation: That Council authorize the Finance Director to execute an agreement with Hinderliter De Llamas & Associates (HdL) for Transient Occupancy Tax (TOT) and Cannabis Audit Services for three years, at an amount not to exceed $276,200.

Action: Approved the recommendation; Agreement No. 28,449 (November 7, 2023 Council Agenda Report and any attachments).

17. Subject: Funding Recommendations for Community Arts, Organizational Development, and Events and Festivals Cultural Arts Grants (150.04) Recommendation: That Council review and approve the City of Santa Barbara Arts Advisory Committee and Community Events and Festivals Committee grant funding recommendations for Fiscal Year 2024.

Action: Approved the recommendation (November 7, 2023 Council Agenda Report and any attachments).

18. Subject: Change Order for Purchase of Public Trash and Recycling Containers (630.02)
Recommendation: That Council authorize a change order to increase Purchase Order No. 32301596 by $326 with public trash and recycling container vendor, Forms & Surfaces, for a final not to exceed amount of $100,246. 11/07/2023 Santa Barbara City Council Minutes Page 8 of 15 Action: Approved the recommendation (November 7, 2023 Council Agenda Report and any attachments).

19. Subject: Approval of Purchase Order to Hali-Brite, Inc. to Provide Runway Light Emitting Diode (LED) Retrofit Assemblies for Four (4) Runway Closure Markers (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 Hali-Brite, Inc. for providing LED retrofit assemblies for the four Runway Closure Markers at Santa Barbara Airport in an amount of $40,000.

Action: Approved the recommendation (November 7, 2023 Council Agenda Report and any attachments).

20. Subject: Approval of Benefit Plans Effective January 1, 2024 (430.06) Recommendation: That Council:

A. Approve the renewal rates for the CalPERS Health Plans; Delta Dental Plans; Vision Service Plans; Employee Assistance Program (EAP); Health and Dependent Care Flexible Spending Accounts (FSA) benefits, and the carrier change from the Hartford Term Life and Disability Insurance Plans to the Standard Insurance Plans; and
B. Authorize the City Administrator to execute any necessary contracts or any amendments to agreements or contracts.

Action: Approved the recommendations (November 7, 2023 Council Agenda Report and any attachments).

21. Subject: Cancellation of Certain Council Meetings in 2024 (120.09) Recommendation: That Council cancel the regular Council Meetings on the following dates: January 2, January 16, February 20, March 26, April 2, May 28, June 18, July 9, July 16, August 6, August 13, September 3, November 12, November 26, December 17, December 24, and December 31, 2024.

Action: Approved the recommendation (November 7, 2023 Council Agenda Report and any attachments).

This concluded the Consent Calendar.
11/07/2023 Santa Barbara City Council Minutes Page 9 of 15

REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair O. Gutierrez reported that the Committee voted unanimously to push the item heard today forward to full Council.

PUBLIC COMMENT
Members of the Public: Clint Orr.

PULLED CONSENT ITEMS

4. Subject: Ordinance Authorizing and Regulating Parklets for Outdoor Dining in the Public Right of Way [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 the Santa Barbara Municipal Code by the Addition of Chapter 9.180 Relating to Parklets in the Public Right of Way.

Documents:
- November 7, 2023 Council Agenda Report and any attachments - Proposed Ordinance
Speakers:
- Staff: City Engineer Brian D’Amour; Assistant City Attorney Dan Hentschke; Principal Traffic Engineer Derrick Bailey.
- Members of the Public: No one wished to speak.

Motion:

Councilmembers Harmon/O. Gutierrez to continue this item to the next regularly scheduled Council meeting on December 5, 2023.

Vote:

Motion failed (Noes: Councilmembers Friedman, A. Gutierrez, Mayor Rowse).

Motion:

Councilmembers Friedman/Rowse to rescind the action of October 17.

Councilmember Friedman withdrew the motion.
11/07/2023 Santa Barbara City Council Minutes Page 10 of 15 Motion:

Councilmember Friedman to approve the recommended action.

Councilmember Friedman withdrew the motion.

Motion:

Sneddon/Harmon to carry this item until the next regularly scheduled Council meeting on December 5, 2023.

Vote:

Majority roll call vote (Noes: Councilmember Friedman, Mayor Rowse; Abstain: Councilmember A. Gutierrez; Absent: Councilmember Jordan.)

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember O. Gutierrez attended the following meeting or event: 1. Youth Council meeting.
- Councilmember Sneddon attended the following meeting or event:1. Sustainability and Resilience Committee meeting; 2. COMB board meeting; 3. Public outreach for water affordability study.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

22. Subject: Resolution to Call a Special Election and Approve a Ballot Measure to Amend the City Charter to Modernize Public Works Contracting [Resolution] (110.03)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving and Calling for the Submission to the Voters of a City Council Proposed Measure to Amend City Charter Section 519 to Modernize Public Works Contracting at a Special Municipal Election to be Held in the City on Tuesday, March 5, 2024.

The title of the Resolution was read.

Documents:
- November 7, 2023, report from the Public Works Director. - PowerPoint presentation prepared and made by staff.
- Proposed Resolution.

Speakers:
- Staff: Assistant City Attorney Dan Hentchke.
- Members of the Public: None.
11/07/2023 Santa Barbara City Council Minutes Page 11 of 15 Motion:

Councilmembers Friedman/A. Gutierrez to approve the recommended action.

Vote:

Unanimous roll call vote; Resolution No. 23-144.

PUBLIC HEARING

COMMUNITY DEVELOPMENT DEPARTMENT

23. Subject: Elimination of Average Unit-Size Density Incentive Program Expiration Date [Ordinance Introduction] (610.04)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Santa Barbara Municipal Code Sections 30.20.030, 30.25.030, 30.30.30, 30.140.220,

30.150.010, 30.150.040, and 30.150.050 to Eliminate the Expiration Date from the Average Unit-Size Density Incentive Program.

The title of the Ordinance was read.

Public Hearing opened: 3:09 p.m.

Documents:
- November 7, 2023, report from the Community Development Director. - PowerPoint presentation prepared and made by staff.
- Proposed Ordinance.

Speakers:
- Staff: Planning Manager Allison DeBusk; Assistant City Attorney Tava Ostrenger.
- Members of the Public: No one wished to speak.

Public Hearing closed: 3:18 p.m.

Motion:

Councilmembers A. Gutierrez/Harmon to approve the recommended action.

Vote:

Majority roll call vote (Noes: Councilmember Sneddon; Absent:

Councilmember Jordan).
11/07/2023 Santa Barbara City Council Minutes Page 12 of 15

CHANGES TO THE AGENDA
Mayor Rowse announced that Council Member Engagements will be reported now; City Administrator Rebecca Bjork recommended that Council then recess to closed session, return to Chambers to hold early Advisory Group Interviews, then recess until the evening session scheduled for 5:30 p.m. Mayor Rowse accepted City Administrator Rebecca Bjork’s recommendation.

COUNCILMEMBER ENGAGEMENTS
- Councilmember Friedman attended the following meeting or event: 1. Presentation at Housing Authority; 2 Opening reception of Jewish Film Festival; 3. Sustainability Committee meeting; 4. Emerging Leaders Program reunion; 5. Special Olympics; 6.

Chamber of Commerce mixer.
- Councilmember O. Gutierrez attended the following meeting or event: 1. Noted passing of Ady Barkan.
- Mayor Rowse attended the following meeting or event: 1. Special Olympics event; 2.

Starter of Half-Marathon; 3. Spoke at Ozone Therapies group; 4. U.S. Conference of Mayors meeting.

RECESS
Mayor Rowse recessed to closed session at 3:42 p.m. and stated that a report is anticipated.

CLOSED SESSIONS

27. 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. 3M Company, et al. USDC Case No. 2:22-cv-00993-RMG (MDL No. 2873) and In re: Aqueous Film-Forming Foams Products Liability Litigation, Master Docket No. 2:18-mn-02873-RMG (MDL No. 2873).

Scheduling: Duration 20 mins; anytime
Report: None anticipated
Document:
- November 7, 2023, report from the City Attorney.
11/07/2023 Santa Barbara City Council Minutes Page 13 of 15 Time:
- 3:44 p.m. – 3:49 p.m.

No report made.

28. Subject: Public Employment/Public Employee Appointment (450.01) Recommendation: That Council hold a closed session, per Government Code Section 54957(b)(1), to discuss appointment for the position of Interim City Administrator and, if appropriate, make a decision regarding that appointment.

Scheduling: Duration: 30 minutes; anytime
Report: Report anticipated.

Document:
- November 7, 2023, report from the Human Resources Director.

Time:
- 4:07 p.m. – 4:17 p.m.

Report: Mayor Rowse announced that Sarah Knecht was appointed interim City Administrator with a unanimous voice vote of all members present.

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

Documents:
- November 7, 2023, report from the City Administrator.

Speakers:
- Staff: Deputy City Clerk Niko Lopez.
- Members of the Public: None.

The following applicants were interviewed:

Applicant Speaker: Committee:

Kim Cochran Arts Advisory Committee
RECESS
4:42 – 5:32 p.m.
11/07/2023 Santa Barbara City Council Minutes Page 14 of 15 CEREMONIAL ITEM (ESTIMATED TIME 5:30 P.M.)

24. Subject: United Boys & Girls Club Gold Card Recipients - Westside & Downtown (120.04)
Action: Mayor Rowse presented the proclamation to the following recipients:

Brianna Alvarez Lopez; Jonathan Arriola; Allison Ayala; Daleyza Barreto; Joncarlo Barreto; Rafael Bautista; Iker Bernal Palma; Joseph Briggs; Josue Diaz; Michelle Diaz; Benjamin Flores; Neymar Garcia; Reyna Garcia; Arabella Gomez Gutierrez; Alice Hernandez-Escarcega; Jayden Jacobs; Julian Jacobs; Ricardo Jr Jamies; Brayan Juarez; Joaquin Juarez; Khloe Luna Botello; Matteo Marquez; Cheyenne Ortiz; Faith Ortiz; Osandre Ortiz; Raquel Pelico; David Plancarte; Sophia Reyes; Brandon Rivas; Osuel Rojas; Dylan Sanchez-Pangan; Ivan Solis Neri; Madeline Lilian Solis Neri; Yazuri Tecu; Audriana Trujillo; Merlin Vasquez; Fernando Vega; Hannah Vega; Jacob Vega; Layla Velazquez; Nicolas Velazquez; Joseph Zavala Cortez; Emiliano Andrade; Melissa Andrade; Abraham Angeles; Carl Asadurian; Audrina Asadurian; Mathew Ceron Rivera; Derek DeJesus Hernandez; Michael Desales; Joshua Donato; Briel/a Finn; Victoria Fonsec; Mia Bella Green; Albert Guevara; Caden Henry; Ezra Henry; Eduardo Hernandez; Aaron Hernandez; Juan Carlos Javier Renteria; Leo Jeronimo; Isabella Kelley; Lilian Kleinebecker; Colette Kleinebecker; Kamilla Lopez; Jose Angel Lopez; Zuleyka Lopez; Sara Lopez; Wilver Lopez; Jason Lopez Lopez; Roman Martinez; Malaika Mendez; Jeffry Mendez; Maximo Montepeque-Medina; German Morales; Geilani Morales; David Morales; Marc-Yvan Morin; Michael Mullikin; Lamar Norwood; Ly/ah Ochoa; Nicky Oy; Vivian Padilla; Jason Padilla; Zlena Pribble; Thiago Silva Lopez; Mychael Solano; Daleyssa Soriano; Jose Soriano; Bryan Urbina; Damian Velasquez; Kendra Zamora.

MAYOR AND COUNCIL REPORTS (ESTIMATED TIME 6:00 P.M.)

25. Subject: Interviews for City Advisory Groups (140.05) (Cont’d.) Recommendation: That Council hold interviews of applicants to various City Advisory Groups (Est. time 6:00 p.m.).

Documents:
- November 7, 2023, report from the City Administrator.

Speakers:
- Staff: Deputy City Clerk Niko Lopez.
- Members of the Public: None.
11/07/2023 Santa Barbara City Council Minutes Page 15 of 15 The following applicants were interviewed:

Applicant Speaker: Committee:

Brian Barnwell Library Board, Planning Commission, Architectural Board of Review
Leslie Dinaberg Library Board
John Beardsmore Rental Housing Mediation Board
Stephanie Moore Creeks Advisory Committee
Sindy Zavala Santa Barbara Youth Council
Elizabeth Sorgman Access Advisory Committee
Cathy Murrillo Rental Housing Mediation Board
Eloise Lowther-Phillips Santa Barbara Youth Council
Parikshit Mehta Santa Barbara Youth Council
Mayor Rowse announced a recess to then continue the interviews.

RECESS
6:10 – 6:19 p.m.

25. Subject: Interviews for City Advisory Groups (140.05) (Cont’d.) There were no further interviews.

COUNCIL AND STAFF COMMUNICATIONS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT
Mayor Rowse adjourned the meeting at 6:19 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 12, 2023.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
ORDINANCE NO._____

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA APPROVING AND AUTHORIZING THE

WATERFRONT DIRECTOR TO EXECUTE THE
AMENDMENT TO LEASE AGREEMENT NO. 28,360 WITH
CAPTAIN’S COVE, LLC, DEFERING THREE MONTHS

BASE RENT WITH LEASE TERMS ENDING DECEMBER
31, 2025, COMMENCING UPON THE EFFECTIVE DATE OF
THE ENABLING ORDINANCE.

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

SECTION 1. In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, An Ordinance of the Council of the City of Santa Barbara Approving the Amendment to Lease Agreement No. 28,360 With Captain’s Cove LLC, upon the effective date of the enabling ordinance.

Agenda Item No. 3
File Code No. 330.04
1 ORDINANCE NO._____________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA APPROVING A LOAN AGREEMENT

WITH TRANSITION HOUSE IN THE AMOUNT OF
$1,284,850 FOR ACQUISITION OF THE REAL
PROPERTY LOCATED AT 712 WEST ANAPAMU

STREET TO BE USED FOR TRANSITIONAL HOUSING,
TO BE SECURED BY A DEED OF TRUST AND A 90-

YEAR AFFORDABILITY CONTROL COVENANT

IMPOSED ON REAL PROPERTY AND AUTHORIZING

THE COMMUNITY DEVELOPMENT DIRECTOR TO

EXECUTE SUCH AGREEMENTS, SUBJECT TO

APPROVAL AS TO FORM BY THE CITY ATTORNEY, AS

NECESSARY
WHEREAS, TRANSITION HOUSE (“Owner”) is acquiring real property commonly known as 712 West Anapamu Street in the City of Santa Barbara ("Property); and WHEREAS, by minute action on December 5, 2023, the City Council introduced an ordinance to approve a 30-year loan in the amount of One Million Two Hundred Eighty Four Thousand Eight Hundred and Fifty Dollars ($1,284,850), consisting of $759,487 from the HOME Investment Partnerships Program (HOME) and $525,363 from the HOME Investment Partnerships Program American Rescue Plan Program (HOME-ARP) Fund ("City Loan"), secured by a deed of trust and a 90-year affordability control covenant; and WHEREAS, in exchange for the City Loan, Owner and City agree to record an Affordability Control Covenant imposed on Real Property restricting the rental of the Property to Transitional Housing (“Covenant”) for a total of 90 years to comply with the City's Affordable Housing Policies and Procedures; and
WHEREAS, on December 12, 2023, the City Council, adopted by reading of title only an ordinance approving the City Loan, Deed of Trust and Covenant; and WHEREAS, the City Loan is secured by the Deed of Trust recorded in the office of the County Recorder on ____, 2023, as Instrument No. of official records for the purpose of securing Owner's obligations under the City Loan; and WHEREAS, Owner agrees to comply with Covenant recorded in the office of the County Recorder on , 2023, as Instrument No. of
official records.

Agenda Item No. 4
File Code No.
2 THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, an Ordinance of the Council of the City of Santa Barbara approving the City Loan, Deed of Trust and Covenant and authorizing approval by resolution of subsequent minor amendments to the agreements that do not extend their term, is hereby approved.
1 ORDINANCE NO. __________

AN ORDINANCE OF THE COUNCIL OF THE CITY

OF SANTA BARBARA AMENDING THE MUNICIPAL
CODE BY ADDING CHAPTER 30.136 TO

ESTABLISH THE COMMUNITY HEALTH CENTER

SPECIFIC PLAN ZONE

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

SECTION 1. Title 30 of the Santa Barbara Municipal Code is amended by adding Chapter 30.136 which reads as follows:

30.136.010 Purpose.

It is the purpose of the Community Health Center Specific Plan to establish an overlay zone allowing a community health clinic in close proximity to public transit and existing commercial and recreational uses.

30.136.020 Applicability.

The regulations of this Chapter apply within the SP11-CHC Zone depicted in Figure 30.136, Community Health Center Specific Plan Area (SP11-CHC), at the end of this Chapter and shown on the Official Zoning Map.

30.136.030 Land Use Regulations.

The following uses are permitted in the SP11-CHC Zone:

A. Commercial, Industrial, Public and Semi-Public Uses permitted in Section 30.25.020, Land Use Regulations, for the O-M Zone and subject to the permit requirements, restrictions, and limitations applicable in the O-M Zone, except the following uses shall be prohibited:

1. Recreational Vehicle Parks, Permanent;

2. Banks and Financial Institutions;

3. General Retail;

4. Neighborhood Market; and

5. Animal Keeping.

B. Any residential use permitted in Section 30.25.020, Land Use Regulations, for the O-M Zone, provided however that all residential units must be sold or rented to very low, low, and/or moderate income households according to the procedures Agenda Item No. 5
File Code No. 650.05
2 specified in the City’s Affordable Housing Policies and Procedures, except the following use shall be prohibited:

1. Mobilehome Park.

C. Staging for emergency services by a public agency to the extent it does not interfere with the community health center’s existing and emergency center operations.

30.136.040 Development Standards.

A. All development standards applicable in Section 30.25.030, Development Standards, for the O-M Zone shall apply.

B. All development standards applicable in Chapter 30.85, Upper State Street Area (USS) Overlay Zone, shall apply, except as follows:

1. Uncovered parking spaces may encroach a maximum of five feet into the required 10-foot front setback.

C. Pedestrian improvements in the public right-of-way consistent with the City’s Pedestrian Master Plan shall be installed along State Street and Las Positas Road. Improvements to the Las Positas Road driveway shall be required. A public works permit shall be required along with any required building permit, as determined by the Community Development and Public Works Departments.

30.136.050 Design Review Required.

Existing development on site includes historic resources; therefore, all development shall be subject to review and approval by the Historic Landmarks Commission pursuant to SBMC 30.220.020.
3 Figure 30.136:

Community Health Center Specific Plan Area
(SP11-CHC)
SECTION 2. The addition of Chapter 30.136 to Title 30 of the Municipal Code is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The Ordinance would allow the existing community health center uses to remain onsite and for the zoning designation to be changed to match the current uses. There is no evidence that the proposed project would have a significant effect on the environment. 1 RESOLUTION NO.__________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE GENERAL PLAN MAP

OF THE CITY OF SANTA BARBARA PERTAINING TO
ASSESSOR’S PARCEL NUMBER 051-112-026 LOCATED
AT 3237 STATE STREET
WHEREAS, the City accepted an application from Brownstein Hyatt Farber Schreck, agent for American Indian Health and Services, future owner of 3237 State Street, in order to process a request for a Development Plan to allow the construction of 9,338 square feet of net new nonresidential floor area; a Specific Plan (SP11-CHC) to replace the existing RS-7.5 zoning to allow the community health center and other uses; and a General Plan Amendment to change the land use designation from Parks and Open Space to Office/Low Density Residential (five dwelling units per acre); and WHEREAS, on February 8, 2022, the City Council initiated the Specific Plan and the General Plan Amendment; and
WHEREAS, on October 19, 2023, the Planning Commission held a duly noticed public hearing and approved a Development Plan to allow construction of 9,338 square feet of net new nonresidential floor area for the proposed project, making the Environmental Review and Development Plan findings, and made a recommendation that City Council approve the Specific Plan (SP11-CHC) and the General Plan Amendment; and
WHEREAS, on November 7, 2023, the Ordinance Committee reviewed the proposed Specific Plan and forwarded it to the City Council for introduction and adoption; and
WHEREAS, on December 5, 2023, the City Council held a duly noticed public hearing to consider the proposed General Plan Map amendment; and WHEREAS, the City Council has reviewed and considered all materials and exhibits in the current record relative to this amendment, including the project and all staff reports. At the close of the public hearing, the City Council, on a unanimous vote, adopted the General Plan Amendment; and
WHEREAS, the documents or other materials which constitute the record of the proceedings upon which this decision is based are on file at the City of Santa Barbara Planning Division, located at 630 Garden Street.
2 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:

1. The City Council finds that the project qualifies for an exemption from further environmental review under the California Environmental Quality Act (CEQA) Guidelines Sections 15061, 15301, and 15331.

2. The City Council finds that the General Plan Map Amendment is consistent with the General Plan as described in Section VI.B of the Planning Commission Staff Report dated October 12, 2023.

3. The General Plan map of the City of Santa Barbara is amended by designating Assessor’s Parcel Number 051-112-026 as Office/Low Density Residential, Five Dwelling Units per Acre, as depicted on the attached Exhibit A. This Resolution shall not be operative unless and until the property is transferred from the federal government to American Indian Health and Services.
3 Current Land Use Designation: Parks and Open Space
Proposed Land Use Designation: Office/Low Density Residential (5 du/ac) Exhibit A: Current and Proposed General Plan Land Use Designations Project Site
1 ORDINANCE NO. _____

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE SANTA BARBARA
MUNICIPAL CODE BY THE ADDITION OF CHAPTER 9.180

RELATING TO PARKLETS IN THE PUBLIC RIGHT OF WAY

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 9.180 to read as follows:

Chapter 9.180 Parklets in Public Right of Way

9.180.010 Purpose

9.180.020 Definitions

9.180.030 General Authorization

9.180.040 Prohibited Areas

9.180.050 Location Requirements

9.180.060 Requirements Applicable to All Parklets

9.180.070 Assumption of Risk and Liability

9.180.080 Administration

9.180.090 Parklet License Required

9.180.100 Parklet License Application

9.180.110 Application Processing and Issuance

9.180.120 Environmental Review

9.180.130 Parklets in the Coastal Zone

9.180.140 Design Review

9.180.150 Annual License Fee

9.180.160 Parklet License Term and Renewal

9.180.170 No Vesting of Rights

9.180.180 Abatement

9.180.010 Purpose.

The purpose of the regulations and standards in this Chapter are to supplement the opportunity for increased business and pedestrian traffic on sidewalks under Chapter

9.95 of this Code by providing safe and visually appealing opportunities for placement of facilities for outdoor dining within parking spaces on City streets.

9.180.020 Definitions.

A. “Eating and drinking establishment” means a business engaged in serving prepared food or beverages typically for on-site consumption, as described in Section Agenda Item No. 6
File Code No. 530.04
2 30.295.040 of this Code, and includes establishments that are exclusively eating or drinking.

B. “Outdoor dining” means the service or consumption of food or beverages in conjunction with the operation of an eating and drinking establishment.

C. “Parklet” means a structure used exclusively for outdoor dining located within one or more parking spaces on a City street.

D. “Parking space” means the area of a City street set aside for parking of vehicles between the curb face and vehicular travel way having a width of 7 feet perpendicular to the curb and a length of 20 feet parallel to the travel way unless a different dimension has been designated by striping or other painted street markings. In areas designed for diagonal parking, the width of a parking space will be determined by the painted striping and the depth will be a distance of 20 feet measured from the curb face along each side.

E. “Street Frontage” means the area measured along any front lot line, as described in Section 30.15.110 of this Code. If a lot has more than one business along a frontage, the frontage for the parklet is limited to the frontage of the eating or drinking establishment for which the parklet is licensed.

9.180.030 General Authorization.

A. Notwithstanding Chapter 9.48 of this Code, parklets may be located in parking spaces on City streets adjacent to eating and drinking establishments in compliance with all requirements of this Chapter, except as otherwise provided in Section

9.180.040. Parklets licensed and placed under this Chapter will be considered permitted temporary, minor encroachments and not subject to any other provision of this Code governing issuance of permits for encroachments on City streets.

B. This Chapter does not apply to outdoor business facilities authorized under Chapter 31.30 of this Code. The City Engineer may require outdoor business facilities authorized under Section 31.30.040 C to install traffic safety barriers.

C. A parklet may be operated in conjunction with outdoor dining authorized under Chapter 9.95 provided that the eating or drinking establishment has obtained separate authorization for the outdoor dining area under Chapter 9.95 and for the parklet under this Chapter.

9.180.040 Prohibited Areas.

A. Parklets are prohibited on:

1. All one-way streets having two or more travel lanes.

2. All two-way streets having two or more travel lanes in any one direction.

B. Parklets are prohibited on Coast Village Road.
3 9.180.050 Location Requirements.

A. An eating and drinking establishment may locate a parklet in the parking spaces that are entirely within the establishment’s street frontage.

B. An eating and drinking establishment may not locate a parklet in any of the following areas:

1. A parking space where parking is entirely prohibited as designated by a posted sign or red curbing.

2. A parking space reserved for parking by persons with disabilities as designated by a posted sign or blue curbing.

3. A parking space designated as a pedestrian loading zone (white curb) or as a commercial loading zone (yellow curb) unless a replacement loading zone is approved by the City Engineer.

4. A parking space immediately adjacent to an intersection of two streets or a street and an alley as determined by the City Engineer.

5. A parking space immediately adjacent to a crosswalk as determined by the City Engineer.

6. Within 15 feet of a fire hydrant.

7. Where the parklet would interfere with a designated safe path of travel for a parking space designated for persons with disabilities as determined by the City Engineer.

8. Where the parklet would interfere with access to essential utility facilities located within or adjacent to the parking space as determined by the City Engineer.

9. Where the parklet would interfere with the normal operation of storm drains or storm drain facilities as determined by the City Engineer.

10. Along the shoulder of any street that does not have a curb, gutter, and sidewalk except as otherwise permitted by the City Engineer.

11. Where the speed, volume, or nearness of vehicular traffic or proximity to a driveway is not compatible with placement of a parklet as determined by the City Engineer.

9.180.060 Requirements Applicable to All Parklets.

A. The parklet owner must construct, operate, and maintain the parklet in compliance with the applicable accessibility provisions of the Americans with Disabilities Act and Chapter 11B of Title 24 of the California Code of Regulations. The Public Works 4 Director may require an owner to submit a report by a person certified under California Government Code Section 44559.5 (commonly referred to as a “CASp”) demonstrating compliance accessibility requirements before issuance of a Parklet License and at any time during the term of a license.

B. A parklet is considered use of public space and not part of the occupancy of the licensed eating and drinking establishment.

C. A parklet must be protected by traffic safety barriers approved by the City Engineer. The traffic safety barrier may be integrated into the parklet design as approved by the City Engineer. The City Engineer is directed to maintain standard specifications for the type and location of approved traffic barriers.

D. A parklet may be used solely for the purpose of serving or consuming food or beverage of the licensed eating and drinking establishment. Adjoining eating and drinking establishments may establish joint or attached parklets.

E. Outdoor cooking facilities are prohibited. Portable heaters and lighting are permitted as approved by the Fire Marshal. Portable gas heaters must have tanks and may not be directly connected to building plumbing systems. Lighting and other electrical equipment must be either solar powered or connected to the building electrical system and not connected to the City street electrical systems. Gas generators are prohibited.

F. Service of alcoholic beverages is permitted as authorized by and subject to the requirements of the license issued by the California Department of Alcoholic Beverage Control to the licensed eating and drinking establishment or as otherwise authorized by state law.

G. A parklet may not exceed 80 inches in width or have sides exceeding 42 inches or posts exceeding 82 inches in height measured from the surface of the right of way. Roofs, overhead structures, and shade canopies are prohibited. Umbrellas are permitted but may not extend beyond the edge of the parklet and must maintain a height clearance of not less than 6 feet 8 inches along pedestrian paths of travel and not exceed a height of 10 feet. The City Engineer may further limit the height and width of a parklet based on site specific safety reasons.

9.180.070 Assumption of Risk and Liability.

A. By placing a parklet, the owner assumes all risk and agrees to defend, indemnify, and hold harmless the City and its officers, employees, and agents from and against any liability arising from the existence, use, or condition of the parklet or any of its facilities, equipment, or furnishings.

B. The parklet owner must maintain insurance at coverage limits and with conditions thereon determined from time to time by the Risk Manager. The parklet owner must maintain a current certificate of insurance on file with the Risk Manager. The 5 certificate of insurance must be provided to the Public Works Director before approval of a parklet license.

9.180.080 Administration.

A. The Public Works Director is responsible for the administration and enforcement of this Chapter, including the issuance and enforcement of parklet licenses.

The Public Works Director may delegate authority under this Subsection. Reference to the Public Works Director includes reference to any employee to whom the director has delegated authority under this Subsection.

B. The Public Works Director is authorized to promulgate and issue administrative policies for the implementation and administration of this Chapter.

9.180.090 Parklet License Required.

It is unlawful for a person to place or cause to be placed a parklet unless the person has first obtained a parklet license issued by the Public Works Director. It is unlawful for a person to operate and maintain a parklet except in full compliance with the license issued for the parklet.

9.180.100 Parklet License Application.

A. A person considering applying for a parklet license must request a preapplication review of the proposed parklet by the Public Works Department. The request must be submitted on a form provided by the Public Works Director. The request must be accompanied by a pre-application review fee as established by City Council resolution.

Pre-application review is advisory and non-binding.

B. To obtain a parklet license, the owner of an eating and drinking establishment or the owner’s authorized agent must submit an application to the Public Works Director using the application form provided by the director. The application must be complete and include any supporting materials necessary to accurately describe existing conditions and the proposed parklet as required by the Public Works Director, including all information required for design review under Section 9.180.150 and to determine compliance with accessibility requirements under Title 22 of this Code.

Applications and all application materials are public records subject to public review. The application must be accompanied by an application processing fee in an amount established by resolution of the City Council. An application will not be accepted as complete and processed without payment of the application processing fee.

9.180.110 Application Processing and Issuance.

A. The Public Works Director will review a complete application and in consultation with the City Engineer determine if the proposed parklet meets the requirements of Sections 9.180.040, 9.180.050, and 9.180.060. The Public Works Director will deny an application if the Director determines that the proposed parklet does not meet the requirements of Sections 9.180.050 and 9.180.060. The Director will state the reasons for the denial in writing provided to the applicant. The Director’s decision is final and not subject to further administrative appeal. 6 B. If the Public Works Director determines that the proposed parklet meets the requirements of Sections 9.180.040, 9.180.050, and 9.180.060, then the Director will refer the application to the Community Development Department for design review; if the proposed parklet does not qualify for administrative design review, the Community Development Department will advise the applicant of the requirement to file an application for design review. The Public Works Director will inform the applicant in writing of the referral. If the parklet is located in the Coastal Zone, the Public Works Director will advise the applicant of the requirement to file an application for a coastal development permit according to Section 9.180.130 and the applicable provisions of Titles 28 and 30.

C. Upon completion of the review under Subsection B, and issuance of a coastal development permit if applicable, the Community Development Director will return the application to the Public Works Director with a report of the terms and conditions established through that review process and by the coastal development permit, if applicable. The Public Works Director may then take final action to approve, conditionally approve, or deny the application and to issue a parklet license subject to all of the terms and conditions established by the review process.

D. A parklet license will be in the form of an agreement, approved by the City Attorney, and executed by the owner of the eating and drinking establishment.

9.180.120 Environmental Review.

Issuance of a parklet license is categorically exempt from CEQA under Section

22.100.70, Subdsections C.1. and C.3. of this Code.

9.180.130 Parklets in the Coastal Zone.

In addition to a parklet license, parklets in the Coastal Zone, as defined in Section

28.44.020 of this Code, are subject to the permitting requirements for development in the Coastal Zone. An application for a coastal development permit may not be submitted until the Public Works Department makes a preliminary determination that a proposed parklet meets the requirements of Sections 9.180.040 and 9.180.050. A parklet license will not be issued until the coastal development permitting process has been completed, including the expiration of any appeal period.

9.180.140 Design Review.

A. Parklets are subject to design review under Section 22.68.090 and Title 30 of this Code.

B. The type and location of the traffic safety barriers for a parklet as required under Section 9.180.060 C are not subject to design review; provided, however, that if the City Engineer establishes a list of approved traffic safety barriers, then the design body may specify a barrier from the list during design review for a parklet. The design review body may specify coloring, coating, or other aesthetic features of the traffic safety barriers as part of the design review for a parklet. Except as limited by this Subsection, all other aspects of a parklet are subject to design review. 7 C. The Public Works Director may adopt design guidelines for parklets and for traffic safety barriers. Separate guidelines may be adopted for areas subject to the respective jurisdictions of the Historic Landmarks Commission and the Architectural Board of Review, subject to approval by Historic Landmarks Commission and the Architectural Board of Review, as applicable. Parklets consistent with the adopted guidelines may be approved by the Community Development Director without full review by the Historic Landmarks Commission or Architectural Board of Review, as applicable.

9.180.150 Annual License Fee.

A parklet owner must pay the annual parklet license fee in the amount established by resolution of the City Council. The parklet license fee is a fee for the use of City property and is not a regulatory or permit processing fee. The annual fee must be paid in advance and no refund will be given for early abandonment or termination of a license.

9.180.160 Parklet License Term and Renewal.

A. A parklet license may have a duration of not less than one or more than five years as determined by the Public Works Director.

B. A parklet license may be renewed upon submission of a renewal application. The Public Works Director may renew a parklet license upon a determination that the license holder has faithfully performed the terms of the license. The renewal term may be up to five years as determined by the Public Works Director. A renewed license may be subsequently renewed. The renewal application must be accompanied by a fee in an amount established by resolution of the City Council.

9.180.170 No Vesting of Rights.

A parklet license is a revocable license and not an easement, lease, or other interest in land. A parklet license does not confer any vested right to continue any activity or use authorized thereunder. Parklets, regardless of the duration of a parklet license or any renewals, are considered temporary and are subject to removal upon demand of the City.

9.180.180 Abatement.

A. The Public Works Director may immediately remove and dispose of any parklet for which a parklet license has not been issued or for which the parklet license has expired and not been renewed. The owner is responsible for payment to the City of the cost of removal and disposal.

B. In addition to any enforcement remedy under Chapters 1.25 or 1.28 of this Code, violation of a term or condition of a parklet license may result in revocation of the license upon written notice by the Public Works Director. A business owner may appeal revocation to the City Administrator by filing a written appeal within 7 days of the date of the notice. The decision of the City Administrator is final. Notices under this Subsection may be given to the address of the person stated on the parklet license or posted on the parklet.
8 SECTION 2.

A. This section establishes special provisions for parklets established under Ordinance No. 6055 and existing on the date of introduction of this Ordinance.

B. Existing parklets located on a street on which parklets are prohibited by Section 9.180.040 must remove the parklet by January 1, 2024.

B. Subject to compliance with Sections 9.180.040, 9.180.050, and 9.180.060, parklets established under Ordinance No. 6055 and existing on December 20, 2023, may remain after December 31, 2023, subject to all of the following:

1. The parklet owner submits a preliminary review application on a form provided by the Public Works Director not later than February 1, 2024. A parklet owner who has not submitted a preliminary application by February 1, 2024, must remove the parklet by February 9, 2024.

2. The parklet owner applies for a parklet license under the provisions of Chapter 9.180 as adopted by this ordinance no later than May 3, 2024.

3. The parklet is not located on a street on which parklets are prohibited by Section 9.180.040 and further complies with the requirements of Sections 9.180.050, or

9.180.060.

4. Parklets for which a preliminary review application is submitted that do not comply with the requirement for a traffic safety barrier on the date of adoption of this ordinance must be brought into compliance with that requirement no later than March 14, 2024.

5. The parklet owner is issued a parklet license and brings the parklet into compliance with the license no later than December 31, 2024.

6. The parklet owner pays an annual fee as provided in Section 9.180.160 on a monthly basis starting February 1, 2024, while the application is pending.

C. A parklet owner who has submitted a preliminary application but has not submitted an application under Chapter 9.180 by May 3, 2024, must remove the parklet by May 9, 2024.
1 ORDINANCE NO. ____________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE MUNICIPAL
CODE BY AMENDING SECTION 10.60.040

PERTAINING TO PROHIBITING HEAVY VEHICLES

ON PORTIONS OF ALISOS STREET AND SOLA
STREET

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

SECTION 1. Section 10.60.040 of Chapter 10.60 of Title 10 of the Santa Barbara Municipal Code is amended to read as follows:

10.60.040 Schedule of Heavy Vehicle Prohibition.

A. In accordance with Santa Barbara Municipal Code Section 10.36.030, and when properly sign posted, no person shall operate any vehicle exceeding a maximum gross weight of three tons on the following streets or portions of streets:

1. Alisos Street – Cacique Street to Canon Perdido Street.

2. Amapola Drive.

3. Anacapa Street - Micheltorena Street to Constance Avenue.

4. Arden Road – Serena Road to Wyola Road.

5. Bath Street - Montecito Street to Cabrillo Boulevard.

6. Calle Canon - Flora Vista Drive to Valerio Street.

7. Chapala Street - Micheltorena Street to Constance Avenue.

8. Constance Avenue - State Street to Garden Street.

9. Eucalyptus Hill Road - Salinas Street to Alameda Padre Serra.

10. Garden Street - Micheltorena Street to Constance Avenue.

11. Hillside Road - 1600 block.

12. Laguna Street - Micheltorena Street to Los Olivos Street.

13. Loma Alta Drive.

14. Madrona Drive.

15. Miramonte Drive from Weldon Road 2800 feet westerly.

16. Orella Street.

17. Samarkand Drive – Serena Road to Stanley Drive.

Agenda Item No. 7
File Code No.
2 18. Santa Barbara Street - Micheltorena Street to Constance Avenue.

19. Shoreline Drive - Loma Alta Drive to Salida Del Sol.

20. Sola Street – Chapala Street to Bath Street.

21. Sola Street – Anacapa Street to Garden Street.

22. Stanley Drive.

23. State Street - Haley Street to Victoria Street except between the hours of 6 a.m. and 10 a.m.

24. State Street - Mission Street to De La Vina Street.

25. Toyon Drive.

26. Vernon Road – Serena Road to Stanley Drive.

B. EXCEPTION - BUSES. The provisions of this Section shall not apply to private or public school buses or to passenger buses under jurisdiction of the California Public Utilities Commission.

C. EXCEPTION - DELIVERIES. The provisions of this Section shall not apply where the vehicle is making deliveries or pickups in accordance with the provisions of California Vehicle Code Section 35703. A person charged with a violation of this Section shall plead and prove, as an affirmative defense, that this exception applies. 12200704.1 SA390-048
ORDINANCE NO. _______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA ADOPTING THE 2023-2025

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF SANTA BARBARA AND THE PATROL

OFFICERS' AND TREATMENT PLANTS' BARGAINING
UNITS (TAP UNITS).

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

SECTION 1. The Memorandum of Understanding between the City of Santa Barbara and the Service Employees' International Union, Local 620, Airport and Harbor Patrol Officers' and Treatment Plants' Bargaining Units, entered into as October 1, 2023 and attached hereto and incorporated herein by reference as Exhibit "A" (hereinafter the “M.O.U.”) is hereby adopted. The FY24 Salary Schedule, effective December 2, 2023 attached hereto and incorporated herein by reference as Exhibit “B” is hereby adopted.

SECTION 2. During the term of the M.O.U., the City Administrator is hereby authorized to implement the terms of the M.O.U. without further action by the City Council, unless such further Council action is required by state or federal law.

Agenda Item No. 8
File Code No. 440.02
12200704.1 SA390-048
2023-2025 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SANTA BARBARA
AND
SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL 620, CTW, CLC,

AIRPORT AND HARBOR PATROL OFFICERS' AND

TREATMENT PLANTS' BARGAINING UNITS
THIS AGREEMENT IS ENTERED INTO AS OF ______________ BETWEEN THE CITY OF SANTA BARBARA, HEREINAFTER REFERRED TO AS THE "CITY", AND THE SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL 620, CTW, CLC, HEREINAFTER REFERRED TO AS "UNION." Pursuant to Section 3.12 of the Municipal Code of the City of Santa Barbara and Section 3500 et seq. of the Government Code, the duly authorized representatives of the City and the Union, having met and conferred in good faith concerning the issue of wages, hours, and terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.

FOR THE CITY: FOR THE UNION:

Wendy Levy
Human Resources Director

Darryl Scheck,
SEIU Local 620

Sam Ramirez
Labor Relations Manager
_________________________________

Simon Perez, Wastewater Collections
Megan Wilson
Human Resources Analyst II
_________________________________
________________________________
Jasper Allen, Wastewater Treatment
Oliver Yee
Attorney, Liebert Cassidy Whitmore

Nick Conforti, Airport Patrol Officer II
_________________________________
Matt Ward
Water System Manager
_________________________________
Mike Smith
Airport Operations Manager

Rick Hubbard, Harbor Patrol Officer
________________________________
Ryan Cullom, Airport Operations
________________________________
Clark Simons, Water Treatment
________________________________
Jeff Becker, Water Distribution
Exhibit A
1 12200704.1 SA390-048

TABLE OF CONTENTS
Alphabetical by Article Title

ARTICLE TITLE PAGE

1. BENEFITS DURING LEAVE WITHOUT PAY.................................................................................. 3

2. BENEFITS- PART-TIME EMPLOYEES........................................................................................... 3

3. BEREAVEMENT LEAVE ................................................................................................................. 3

4. BILINGUAL SKILLS ......................................................................................................................... 3

5. BULLETIN BOARDS........................................................................................................................ 4

6. CAFETERIA PLAN........................................................................................................................... 4

7. CATASTROPHIC LEAVE ................................................................................................................ 4

8. CHILD CARE ................................................................................................................................... 5

9. COMMERCIAL DRIVER’S LICENSE .............................................................................................. 5

10. DISABILITY RETIREMENT ............................................................................................................. 5

11. DISCIPLINARY ACTION.................................................................................................................. 5

12. DOMESTIC PARTNERSHIP BENEFITS......................................................................................... 5

13. DRESS CODES............................................................................................................................... 5

14. DRUG AND ALCOHOL TESTING POLICIES ................................................................................. 6

15. EQUAL EMPLOYMENT OPPORTUNITY........................................................................................ 6

16. FLEXIBLE STAFFING...................................................................................................................... 6

17. GRIEVANCES/DISPUTES............................................................................................................... 6

18. HARBOR AND AIRPORT PATROL SPECIAL DUTY ASSIGNMENT ............................................ 9

19. HEALTH AND SAFETY ................................................................................................................... 9

20. HEALTH INSURANCES (MEDICAL, DENTAL, VISION) .............................................................. 10

21. HOLIDAYS..................................................................................................................................... 11

22. IMPLEMENTATION OF MOU........................................................................................................ 12

23. JURY/WITNESS DUTY.................................................................................................................. 12

24. LAYOFF POLICY........................................................................................................................... 12

25. LEAD PAY...................................................................................................................................... 13

26. LEAVE OF ABSENCE ................................................................................................................... 13

27. LIFE INSURANCE ......................................................................................................................... 14

28. LONG-TERM DISABILITY ............................................................................................................. 14

29. MAINTENANCE OF BENEFITS .................................................................................................... 14

30. MANAGEMENT RIGHTS............................................................................................................... 14

31. MUNICIPAL CODE CHANGES ..................................................................................................... 15

32. NO STRIKE OR LOCKOUT........................................................................................................... 15

33. OFFICER STATUS ........................................................................................................................ 15

34. OVERTIME .................................................................................................................................... 15

35. PAYROLL....................................................................................................................................... 17

36. PERSONAL LEAVE....................................................................................................................... 17

37. PERSONAL PROPERTY DAMAGE REIMBURSEMENT ............................................................. 18

38. PROBATIONARY PERIOD............................................................................................................ 18

39. PURPOSE...................................................................................................................................... 19

40. RECOGNITION.............................................................................................................................. 19 2 12200704.1 SA390-048

41. RECRUITMENT............................................................................................................................. 19

42. RENEWAL AND WAIVER.............................................................................................................. 20

43. REOPENER ON AIRPORT LAW ENFORCEMENT...................................................................... 20

44. REPRESENTATION - UNION OFFICERS AND STEWARDS...................................................... 20

45. RETIREE MEDICAL INSURANCE CONTRIBUTION.................................................................... 20

46. RETIREMENT................................................................................................................................ 21

47. RETIREMENT-- DEFERRED COMPENSATION .......................................................................... 22

48. RETROACTIVITY .......................................................................................................................... 23

49. SAFETY EQUIPMENT................................................................................................................... 23

50. SALARIES...................................................................................................................................... 23

51. SERVICE CREDIT FOR SICK LEAVE UPON RETIREMENT ...................................................... 25

52. SEVERABILITY.............................................................................................................................. 25

53. SHIFT DIFFERENTIAL .................................................................................................................. 25

54. SICK LEAVE .................................................................................................................................. 26

55. STANDBY PAY.............................................................................................................................. 26

56. STATE DISABILITY INSURANCE (SDI) AND STATE PAID FAMILY LEAVE INSURANCE (PFL)........................................................................................................................ 27

57. TERM OF AGREEMENT ............................................................................................................... 27

58. TRAINING ...................................................................................................................................... 27

59. UNAUTHORIZED LEAVE/SUSPENSION ..................................................................................... 29

60. UNIFORM MAINTENANCE ALLOWANCE ................................................................................... 29

61. UNION BUSINESS ATTENDANCE............................................................................................... 30

62. UNION NOTICE- EMPLOYEE ORIENTATION & INTERDEPARTMENTAL TEAMS................... 30

63. UNION STEWARDS ...................................................................................................................... 30

64. UNION SECURITY (AGENCY SHOP & MAINTENANCE OF MEMBERSHIP) ............................ 30

65. USE OF COMPUTER RESOURCES ............................................................................................ 31

66. VACATION POLICY....................................................................................................................... 31

67. VACATION & SICK LEAVE ADVANCED CREDIT UPON HIRE................................................... 32

68. WORK SCHEDULE ....................................................................................................................... 32

69. WORKERS' COMPENSATION...................................................................................................... 33

70. WORKING OUT OF CLASSIFICATION ........................................................................................ 33 Appendix A - Shift Differential Examples
Appendix B - Child Care Policies
Appendix C- City of Santa Barbara Drug and Alcohol Testing Policy Appendix D- 9/80 Work Schedule Policy
3 12200704.1 SA390-048

1. BENEFITS DURING LEAVE WITHOUT PAY
No sick leave, vacation, or holidays shall accrue to any employee during any full biweekly pay period in which the employee is on unauthorized or authorized leave without pay. Employees on leave without pay shall also be responsible for full payment (employer and employee portion) of insurance premiums except as otherwise provided in this MOU.

2. BENEFITS- PART-TIME EMPLOYEES
a. Employees filling positions authorized by City Council in the City’s official list of authorized positions at 20 hours or more per week on a less than full-time basis shall receive benefits (holiday, vacation, and sick leave) as follows:
i. Cafeteria plan contribution, medical contribution, dental contribution, vision contribution, holiday time, bilingual pay, and other benefits, equal to the percent of time regularly scheduled versus a regular work week rounded up to the nearest ten percent (10%), unless otherwise stipulated in this Agreement.. ii. Vacation, and sick leave equal to the percent of time worked versus a regular work week rounded up to the nearest ten percent (10%).
b. Employees who were already filling positions authorized by City Council in the official 2004-2005 Position and Salary Control Resolution at more than 20 hours per week on a less-than-full-time basis on September 24, 2004 will continue to receive full-time health benefits (cafeteria plan contribution, medical contribution, dental contribution, vision contribution).

3. BEREAVEMENT LEAVE
a. The City's bereavement leave policy shall provide up to 40 hours leave with pay for immediate family members. Immediate family is defined as mother, father, brother, sister, spouse/domestic partner, child, grandparents by blood or marriage, grandchildren by blood or marriage, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, person standing in loco parentis (in place of the parent), and step family members. In order to receive this benefit, domestic partners must be registered with the City Clerk’s office or the Secretary of State.

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

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

Any employee who is requested by the City and whose duty assignments require frequent and regular use of bilingual language skills in Spanish and in English with members of the public shall be designated by the Department Head in writing and said designation shall be approved by the Human Resources Manager, who shall test and certify the employees for language proficiency. 4 12200704.1 SA390-048
Departments will be limited to two (2) employees as being designated for use of bilingual skills in each major division or department. "Major Division" shall be determined by the Department Head.

As used in this section, the phrase "regular and frequent" means at least several times in each working day.

Designation of the bilingual language skill is restricted to the actual needs of the position. An employee's ability to read, write or speak Spanish occasionally or, incidental use of language skills in Spanish, or the use of bilingual skills other than for the purpose of meeting the requirements of the job shall not warrant a bilingual designation.
b. The City shall provide an updated list of designated employees at the Union's written request no more than once every six (6) months.
c. All employees designated for use of bilingual skills by their Department Head shall receive $64.00 per pay period.

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

Harbor Patrol Office Water Treatment Plant
Airport Administration Building Wastewater Treatment Plant Parks Division
Other work stations may be added upon approval of the City.

6. CAFETERIA PLAN
a. A flexible benefits plan known as a "125 Cafeteria Plan" and the "pre-tax advantage" provisions related to an employee's medical, dental, vision, psychological and supplemental life insurance premium contributions and flexible spending accounts within the meaning of Section 125 (d) of the Internal Revenue Code shall be provided to employees. Each employee shall be eligible to allocate a discretionary amount of $328.74 per month for the term of this Agreement.
b. If medical, dental, and vision insurance plan selections exceed the cafeteria plan allocation, the City will pay the difference of these respective insurance premiums up to the amounts in the Medical Insurance, Dental Insurance and Vision Insurance sections of the Health Insurances article of this MOU; said excess premium payments cannot be applied to any other element of the cafeteria plan.

7. CATASTROPHIC LEAVE
Employees will be covered by the Citywide Catastrophic Leave Policy, dated September 22, 2016, and incorporated herein by reference. This policy allows employee donation of eligible accrued time off to a coworker dealing with a catastrophic illness or injury to the coworker and/or the coworker’s spouse, registered domestic partner, or child.
5 12200704.1 SA390-048

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

9. COMMERCIAL DRIVER’S LICENSE
When an employee is appointed to a position where a commercial driver’s license is required, the City will allow the employee up to 6 months following initial appointment to obtain the commercial driver’s license, unless the employee had a commercial driver’s license prior to being appointed.

10. DISABILITY RETIREMENT
a. An employee found physically or mentally incompetent to perform his/her regular duties shall be provided with the opportunity for transfer, promotion or demotion to a position for which he/she possesses the physical or mental competence, if possible, or other action pursuant to State law and/or City Charter. b. An employee later found not to be disabled shall be reinstated with back pay and benefits to the date such pay and benefits ceased.
c. In no case shall an industrially injured employee be entitled to use sick leave benefits to postpone the effective date of retirement.
d. An employee eligible to retire for non-industrial disability shall be entitled to use sick leave benefits to extend the date the employee is first eligible to receive retirement benefits for up to a maximum of ninety (90) days.

11. DISCIPLINARY ACTION
The City, at its option, may require an employee to forfeit vacation or holiday time in lieu of taking other disciplinary action pursuant to Charter Section 1007 and enabling ordinances.

12. DOMESTIC PARTNERSHIP HEALTH BENEFITS
The City shall allow same sex and opposite sex domestic partners dependent coverage under medical, dental, and vision plans. In order to receive this benefit, domestic partners must be registered with the City Clerk’s office or the Secretary of State. The affected employees shall be responsible for all tax consequences of this benefit.

13. DRESS CODES
It is agreed that employees recognize and will comply with standards of dress consistent with the positive representation of the City government through its employees and consistent with uniform requirements and safety policies established by the City. The Department head may issue guidelines for dress that are consistent with the above standard for a work unit. Said guidelines will be given to employees at the time of hire. The City will provide the Union with Department Dress Guidelines and upon request, will meet and consult with Union over potential impacts to terms and conditions of employment. 6 12200704.1 SA390-048

14. DRUG AND ALCOHOL TESTING POLICIES
Only employees with commercial driver’s licenses in “safety sensitive” positions are subject to the City of Santa Barbara Drug and Alcohol Testing Policy Pursuant to Department of Transportation Regulations (which includes random and reasonable suspicion drug and alcohol testing).

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

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

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

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

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

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

No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with the procedure contained herein within twenty (20) working days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. 7 12200704.1 SA390-048
b. The Union agrees that whenever investigation or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. At the City's discretion, time spent by City employees on the investigation and processing of grievances will be recorded on a form provided by management.

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

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

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

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

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

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

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

Except as provided under Step Five below, the City Administrator’s decision shall be considered final.

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

Selection of Arbitrator
The parties shall make a good faith effort to select a mutually acceptable arbitrator from a designated list of available arbitrators. If they are unable to agree on an arbitrator within ten (10) days of the submission of the grievance to arbitration, the parties shall request a panel of experienced arbitrators from the 8 12200704.1 SA390-048
California State Mediation and Conciliation Service. Each party shall alternately strike a name until only one name remains. The party who strikes first shall be determined by lot. By mutual agreement, the arbitration may be held under the Expedited Rules of the American Arbitration Association.

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

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

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

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

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

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

An employee may appeal the response of the Assistant City Administrator. The employee's appeal shall be handled in accordance with the procedures beginning in step three above. f. Disputes or complaints regarding open competitive or promotional examinations for employment 9 12200704.1 SA390-048
shall be processed in accordance with the policy adopted by the City Administrator. The City shall consult with the Union prior to adopting or amending such policy. g. Disputes or complaints regarding performance appraisals, including written Performance Improvement Plans (PIPs), shall first be discussed with the individual who made the appraisal. An employee dissatisfied with the appraiser's response may discuss his/her complaint with the individual at the next higher level of supervision whose decision shall be final. Such discussion with the next level of supervision shall be requested within 10 days of the issuance of the performance document, and an employee may be represented by counsel or other individual during the discussion with the next level of supervision.

18. HARBOR AND AIRPORT PATROL SPECIAL DUTY ASSIGNMENT/PROFESSIONAL

CERTIFICATION PAY
a. It is agreed that special pay associated with Harbor or Airport Patrol Special Duty Assignments shall be provided at the rate of two percent (2%) of base salary. b. Harbor or Airport Patrol Special Duty Assignments shall be significant in nature and designated by the Waterfront Director or Airport Director. If such special duty assignments are created, City shall submit a request the Union to voluntarily modify this agreement to include any details for eligibility for such pay that may be required by the California Public Employees Retirement System (CALPERS) for pension reporting purposes.
c. For Harbor Patrol Officers who meet the certification requirements to possess an EMT-D* certification shall receive $100 per pay period effective the first full pay period following adoption of the MOU.
*EMT-D certification requirement as determined by the Santa Barbara County Emergency Medical Services Agency. Employee shall lose the certification pay and eligibility if recertification requirements are not met as determined and required by the Santa Barbara County Emergency Medical Services Agency.

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

The Union agrees to support without qualification the City's Safety Program and will encourage its members to attend safety courses if required by the City and made available on City time. The City agrees that any safety courses the employees are required to take will be provided on City time with pay and that first aid training shall be provided to all employees in an on-duty status. c. Both the City and the Union recognize the need and will strive to reduce the number of industrial injuries among the employees.
10 12200704.1 SA390-048
d. The parties agree that the City shall perform on-site safety inspections in major work sites at least once a year, and to hold regular safety meetings with departmental safety coordinators. It is further agreed that the City shall continue to maintain vehicles and equipment in a safe operating condition and that no employee will be penalized for refusing to use vehicles or equipment proven to be unsafe pursuant to State law.

20. HEALTH INSURANCES (MEDICAL, DENTAL, VISION)
a. City agrees to meet informally with the Chair of the bargaining unit (or his/her designated representative) in March, June, and August annually, or more often as necessary, to discuss health, life, and disability plan renewals. These meetings may be combined with such discussions with other bargaining units at the City's option. While such discussions will be advisory only, City will give due consideration to this bargaining unit’s number of represented employees in consideration of decisions. An SEIU staff member may attend to observe. Where practicable, the City will provide relevant data to be discussed a reasonable time in advance of meetings.
b. Medical Insurance -
The parties agree that the City will pay the following as the maximum monthly contribution per employee as soon as practicable upon ratification based on enrollment period:

Employee only: Up to PERS Platinum* at the employee’s choice Employee plus one: Up to PERS Gold* at the employee’s choice, with an employee contribution of $25/month**
Employee + Family: Up to PERS Gold* at the employee’s choice with an employee contribution of $100/month**
*The equivalent plan applies should the PERS Platinum plan or PERS Gold plan change names or is replaced by other plans.
**If an employee selects the PERS Gold plan or higher monthly rate plan, then the employee’s contribution would be $25/month for E+1 or $100/month for E+Family respectively.

The City retains full and complete control over the selection, approval, and administration of the City's employee medical insurance program to include selection of the carrier, insurance contract renewal, and changes in program specifications. However, medical insurance benefits at the commencement of the January to December plan year shall be maintained to the extent it is within the control of the City.
c. Dental Insurance- The parties agree that the City shall pay up to a maximum of $82.66 per month per employee towards the dental insurance premium.

The City retains complete and full control over the administration of this dental program subject to maintenance of benefits during the January to December plan year, to the extent it is within the control of the City. As soon as feasible, the City will provide a tiered dental plan option at the employee’s expense.

The City will continue to provide a Dental HMO option.
d. Vision Insurance- The City shall pay up to a maximum of $10.21 per month per employee towards the vision insurance premium for the term of this Agreement. Employees who drop vision insurance shall not be able to re-enroll within two years of dropping coverage. As soon as feasible, the City will provide a tiered vision plan option at the employee’s expense.
11 12200704.1 SA390-048
e. The parties will reopen negotiations with the purpose of addressing City cost-neutral changes to the structure of contributions under this Article, Article 6 (Cafeteria Plan), Article 2 (Benefits –Part-Time Employees), and related articles that may be necessary to avoid impacts of the Affordable Care Act or replacement legislation (e.g. Cadillac Tax, affordability provisions, etc.).”

21. HOLIDAYS
a. The City and the Union agree that the following days shall be observed as legal holidays by all employees in the Unit who are in a classification which would normally take a holiday when it occurs.

January 1st (New Year's Day)
3rd Monday in January (Martin Luther King Jr.'s Birthday) 3rd Monday in February (Washington's Birthday)
March 31
st (Cesar Chavez’s Birthday)
Last Monday in May (Memorial Day)
June 19th (Juneteenth)
July 4th (Independence Day)
1st Monday in September (Labor Day)
November 11th (Veteran’s Day)
4th Thursday in November (Thanksgiving)
The Friday Immediately following Thanksgiving Day
December 25th (Christmas Day)
b. When a holiday falls on a Saturday or Sunday the preceding Friday or following Monday respectively shall be observed as a legal holiday. Paid or accrued holiday time is awarded at the employees applicable schedule (i.e. 9 hours for 9-hour shift, 8 hours for 8-hour shift for the 9/80 work schedule; 10 hours for the 4/10 work schedule, and 12 hours for a 3/12 work schedule). c. For shift employees, based on the employee’s applicable work schedule, the following hours per biweekly pay period that amount to 12 days per year will be allocated to their vacation balance and shall be used like vacation: 3.70 hours for 8 hour-shift, 4.16 hours for 9-hour shift, 4.63 hours for 10-hour shift, and

5.5 hours for 12-hour shift. Employees eligible to receive this accrual shall begin accruing effective the first day of employment. Shift employees are those employees that have been designated by the Department Head as shift employees because the nature of operations in their area of responsibility is such that work on holidays is a regular job requirement. Shift employees receive straight time pay for work on a day being observed as a holiday if it is part of the employee’s regular shift. However, if a shift employee is called back to work on a day which is not the employee's regular shift day, and that day is being observed as a holiday, as listed above, the employee shall be compensated at the rate of time and one-half. For purposes of this provision, Park Rangers are considered shift employees. d. Nothing in this Agreement shall preclude the City from declaring a holiday when a legal holiday has been declared by the President of the United States or the Governor of the State of California. e. If an employee who is not a shift employee under section “b” of this article is required to work on a 12 12200704.1 SA390-048
day that is being observed as a holiday, as listed above, the employee shall be compensated at the rate of time and one-half for hours worked on that day. The employee will also be entitled to an additional day off.

Such day off shall be taken within thirty (30) calendar days or shall be compensated at straight pay after the 30th day.
f. The City will solicit volunteers within a work unit to work on Thanksgiving and Christmas. If an insufficient number of volunteers are available, then the supervisor shall make every reasonable effort to rotate assignments on Thanksgiving and Christmas.

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

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

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

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

1. Probationary employees;

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

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

4. If employees have the same seniority within the classification, selection shall be made at random.
e. Bumping (Displacement) Rights: regular employees who are laid off have the right to return to the last position they previously held under the following conditions:
13 12200704.1 SA390-048

1. They meet the positions’ minimum qualifications

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

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

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

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

25. LEAD PAY
a. During the term of this Agreement, Harbor Patrol Officers who are scheduled and work an assigned shift in Lead capacity shall receive an additional five (5%) percent over their base salary. The five (5%) percent shall not be applied to vacation, sick leave, compensatory time or other paid leaves. The City agrees to designate a "Lead" officer whenever the Harbor Patrol Supervisor and the Harbormaster are not working.

Nothing in this provision is intended to preclude the Harbor Patrol Supervisor or the Harbormaster from assigning a "Lead" officer whenever they deem it to be necessary for the safe and efficient operation of the department. Which officer is assigned as the lead officer is within the sole discretion of Waterfront management.

26. LEAVE OF ABSENCE
a. It is agreed that represented employees as defined in this Agreement shall have the right to request an extended leave of absence without pay for a period of up to one year for personal reasons or for additional schooling. If the leave is approved, the employee will have the right of return but such leave shall be considered a break in service with no accrual of benefits. Leave approval will be at the discretion of the City Administrator.
b. Employees may be entitled to up to 12 weeks of leave, with benefit continuation and reinstatement rights, under the City’s FMLA/CFRA Family Care and Medical Leave Policy for the birth of a child or to care for a newborn, for the placement of a child with an employee in connection with adoption or foster care, to care for a child, parent, spouse, domestic partner or child of a domestic partner who has a serious health condition, or for the employee’s own serious health condition. For combined pregnancy and child bonding leave, the amount of leave available under this policy may be longer. Employees may also be entitled to up to 26 weeks of leave to care for a covered service member under the City’s FMLA/CFRA Family Care and Medical Leave Policy. Employees may also be entitled to “qualifying exigency leave”, “military caregiver leave”, or other leave under the military family leave provisions of the FMLA/CFRA Family Care and Medical Leave Policy.
c. Extended medical leaves of absence may be granted by the City Administrator for a period of up to a total of one year (including any period of FMLA/CFRA Family Care and Medical Leave) on request of the employee due to the employee’s illness. The City shall continue to pay its contribution to insurance for the 14 12200704.1 SA390-048
longer of the first ninety (90) days of such leave, or any period of leave continuation provided under the FMLA/CFRA Family Care and Medical Leave Policy.
d. The following criteria will be used in determining the granting of personal or extended medical leaves of absence:

1. the employee's seniority in City service.

2. the employee's job performance record.

3. the employee's disciplinary record.

4. the needs of the City service.
e. "Continuous service" means employment with the City without break or interruption; in computing continuous service for the purposes of this article, neither military leaves nor medical leaves of absence, including maternity leaves, whether with or without pay, shall be construed as a break in employment or service. Other absences aggregating in excess of ninety (90) working days in any period of twelve (12) months, including layoffs on account of lack of work, lack of funds, or abolishment of positions shall be construed as breaking "continuous service".

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

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

29. MAINTENANCE OF BENEFITS
The City and the Union agree that all compensation, other than direct wages, as provided by ordinance, resolution, and City Charter, which are in existence at the commencement of this Agreement, shall not be diminished, lessened, or reduced for the duration of this Agreement, except as may be herein provided.

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

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

30. MANAGEMENT RIGHTS
The parties agree that the City has an exclusive right to manage and direct the performance of services and the work force performing such services unless the City has specifically delegated, abridged, or modified any such rights in this Agreement. Such rights shall include but not be limited to the sole right to determine the organizational structure of the City, establish levels and types of services to be provided, determine the methods, means, and number of personnel by which operations are to be conducted, including sole authority to contract or subcontract for municipal services, and to exercise complete control and discretion over the technology of performing the City's work. The City retains complete authority over the policies and direction and administration of all City departments including but not limited to standards and methods of selection for employment; promotion and performance evaluation; disciplinary action; relief of employees 15 12200704.1 SA390-048
from duty because of lack of work or other legitimate reasons; maintenance of the efficiency of government operations; establishment of the work week and work schedules; and determination of the content of job classifications consistent with applicable laws and with due regard for provisions of this Agreement.

If management decision to contract out work being performed by existing employees will foreseeably lead to imminent deletion of existing authorized full time position, the City will provide at least 30 days notice of decision to Union and opportunity to negotiate effects of decision on employees. Negotiation over effects shall not delay moving forward with contracting out work.

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

31. MUNICIPAL CODE CHANGES
During the term of the Agreement the City and the Association shall meet and confer with regard to any City proposed changes to Santa Barbara Municipal Code Title 3 which are within the scope of representation.

The negotiations will be held jointly with the General bargaining unit. The representatives for the Union shall be limited to SEIU staff and one bargaining unit member from the General bargaining unit and one member for the Treatment and Patrol bargaining units. The negotiations will be interest based.

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

33. OFFICER STATUS
City recognizes that Airport Patrol Officers are peace officers pursuant to Section 830.33(d) of the California Penal Code and that Harbor Patrol Officers are peace officers pursuant to Section 830.33(b) of the California Penal Code. Park Rangers are peace officers not authorized to carry firearms pursuant to Section 830.31.

City agrees that during the term of this contract departmental policies and procedures pertaining to the function, duties and responsibilities of said Airport Patrol Officers shall be made available to those officers.

34. OVERTIME
a. The City and the Union agree that overtime work will be assigned to the employees on a rotation basis whenever possible.
b. No employee shall be compelled or permitted to perform work for the City without logging the hours on his or her timecard. Overtime compensation shall accrue for work performed beyond a regularly scheduled work day of at least eight (8) hours at the rate of one and one-half hours of overtime, payable in increments of 15 minutes. This includes overtime work from home or on a mobile device. Work performed for the purpose of computing overtime shall include all paid leave time actually taken as time off. It will not include holiday or other paid leave time “cashed out” but not taken. c. If an employee is physically called back to the workplace on an overtime basis, such employee shall be compensated for no less than two (2) hours overtime. 16 12200704.1 SA390-048
d. When an employee is called out on an emergency 3 hours or more before the beginning of his/her regularly scheduled shift, he/she will be provided paid leave time (without deductions from leave banks) to allow eight (8) hours off-duty without loss of pay before reporting for the next regularly scheduled shift. With the permission of the Supervisor, the employee may choose to work the beginning of his/her next regularly scheduled shift, and take the equivalent paid rest period at the end of the regularly scheduled shift instead.

The City agrees that such permission shall not be unreasonable withheld. At the supervisor’s discretion, the employee may be permitted to voluntarily begin his/or her regular shift immediately following the overtime period, and take the equivalent paid rest period at the end of the revised regular shift instead.

Example: Employee’s regular shift is from 8:00 a.m. to 5:30 p.m., but employee is called in to work overtime at 4:30 a.m. (3 hours or more before scheduled shift) until 6:30 a.m. Employee may choose to:
i) Take 8 hours rest and come in at 2:30 p.m., with the period of 8:00 a.m. to 2:30 p.m. (6.5 hours) as a paid rest period; or
ii) With the supervisors’ permission, come in as regularly scheduled at 8:00 a.m. and go home at 11:00 a.m., with the period of 11:00 a.m. to 5:30 p.m. (6.5 hours) as the paid rest period instead; or iii) At the supervisor’s discretion, the employee may be permitted to revise his or her regular shift to 6:30 a.m. -2:00 p.m., with the period of 7:30 a.m. to 2:00 p.m. (6.5 hours) as the paid rest period instead.
e. If an employee is required to work beyond the regularly scheduled work day of at least 8 hours and if such time extends two (2) hours or more before or after the workday, the City shall provide the employee with a meal and a rest period. The City will provide one hour of pay for each rest period that is not provided and an additional hour of pay if an employee does not receive a meal. f. The parties agree that employees have the right to request cash payment or compensatory time off for overtime worked, but that approval of one or the other benefit remains the right of the City consistent with the needs of the City.
g. The following provisions apply to the accrual and use of compensatory time off (CTO):

1. Value of CTO: CTO will be accrued at the rate of time and one half for each hour of overtime worked.

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

An employee may accrue up to a maximum of 100 CTO hours in his/her bank.

3. Minimum Allowed Accrual: An employee who requests CTO will not be denied the accrual of CTO in lieu of a cash overtime payment if his or her CTO balance will remain below 30 hours.

4. City Directed CTO Cash Out: The City retains the right to cash out CTO hours, other than the 30 hour bank described above.

5. City Directed Use of CTO as Time Off: The City has the right to require employees to take compensatory time off but shall provide a minimum of seven (7) calendar days advance notice in such cases. Management shall not compel an employee to take CTO hours as time off if the employee’s CTO bank is less than 30 hours.

6. Employee Requested Use of CTO as Time Off: Denial of an employee's request to take compensatory time off from his/her bank of CTO hours shall require a statement by the Department Head or his designee that approval of the request would unduly disrupt the operation of the department.

7. Employees have the right to receive either cash payment or CTO for any and all overtime worked at the employee’s discretion.
g. The City and the Union agree that overtime work accrued during a declared disaster, as determined by the President of the United States, the Governor of the State, the Mayor, City Council, or the City Administrator, shall be compensated at the rate of time and one-half. 17 12200704.1 SA390-048

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

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

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

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

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

Exceptions will not be unreasonably denied.

4. Employees participating in direct deposit will be provided with a payroll detail report each pay period. Alternatively, employees may voluntarily opt out of a paper detail and access this information electronically via the City’s computer system. The City may discontinue providing paper pay stubs for employees with direct deposit, effective July 1, 2014 or later, provided that:
• All employees are signed up for and provided pay stub information via City email on or before pay day; and
• Employees without regular access to computer or email may request to receive a print out of stub information to be provided on or before pay day

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

Employees on the payroll July 1: (32 hours)
Employees hired between July 2 and October 1 (inclusive): (24 hours) 18 12200704.1 SA390-048
Employees hired between October 2 and January 1 (inclusive): (16 hours) Employees hired between January 2 and April 1 (inclusive): (8 hours) b. Personal leave days must be taken by the end of each fiscal year or lost. Personal leave shall be scheduled on the same basis as vacation. In no case shall employees be entitled to cash payment for personal leave days not taken.
d. An employee may use personal leave as personal necessity when it is not possible to use on nonwork time subject to the following two conditions: 1) Reasonable advance notice which shall not be less than one (1) hour before the employee’s shift or when reasonable advance notice cannot be given, no later than 15 minutes after the scheduled shift has begun; 2) Subject to supervisory approval based on operational needs.
d. City shall maintain minimal staffing on workday afternoon prior to New Years and Christmas holidays so that as many employees as possible may enjoy personal leave, vacation, or C.T.O. at those times.

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

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

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

Claims meeting the above criteria shall not be unreasonably denied.

Reimbursement will be calculated from the following schedule:

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

38. PROBATIONARY PERIOD
19 12200704.1 SA390-048
The probationary period required by Charter Section 1004 may be extended beyond one (1) year by signed mutual agreement of City and employee. If the employee's supervisor intends to request an extension of the probationary period, notification of that intent shall be given to the employee at least two (2) weeks prior to the expiration of the probationary period if feasible.

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

40. RECOGNITION
a. Pursuant to the provisions of Section 3.12 of the Municipal Code of the City and applicable State law, the Union is recognized as the majority representative of the City employees in the Airport and Harbor Patrol Officers' Bargaining Unit and the Treatment Plants' Bargaining Unit and as the exclusive bargaining agent for the employees in said Unit.
b. The term "employee(s)" as used herein shall refer only to regular full-time or part-time employees serving in classifications who occupy positions authorized and designated as in the Airport and Harbor Patrol Officers' Unit and the Treatment Plants' Unit by the City Council on the official City "Position and Salary Control Resolution."
Classifications may be added to or deleted from the bargaining unit in accordance with the provisions of this Agreement and the City's Employer/Employee Relations Ordinance.

41. RECRUITMENT
a. The City agrees to post information about how to access job recruitment information on employee bulletin boards in all departments. The City will continue to post job fliers on the bulletin board outside the Human Resources Office, with paper copies of the fliers available upon request. The City will post available positions on a website accessible to the public and maintain a system for employees, by mail, email or other messaging system, to receive notification of current job announcements at the employee’s request. In addition to posting available positions on the website, the City will send a weekly email to all employees of current recruitments and their closing dates.
b. Employees may contact the Human Resources Office to request inter-departmental or interdivisional transfers, and are to contact Department or Division Heads for intra-departmental or intradivisional transfers. c. The City shall provide a minimum application filing period of five (5) days for all open vacant positions and ten (10) days for all vacant promotional positions in the classified service within the bargaining unit for which an eligibility list must be established. d. The names of nine (9) more eligible candidates (including tie scores) than the number of vacancies shall be certified to the appointing authority in alphabetical order. e. Positions in the bargaining unit shall not be filled from eligibles placed on the certification list by virtue of being on another eligible list which is at a higher salary range and for which the qualifications are substantially similar.
20 12200704.1 SA390-048

42. RENEWAL AND WAIVER
The City and the Union agree that meeting and conferring over the renewal or continuation of this Agreement shall be initiated at the request of either party after May1, 2025. Every effort will be made to reach an agreement prior to the expiration of this Agreement. A request to meet and confer shall be filed in writing and meeting and conferring shall commence within ten (10) days of receipt of said request.

Except as otherwise expressly provided in this Agreement or when the parties mutually agree to meet and confer on a matter, the City and the Union agree that, for the term of this Agreement, each party waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement, except as to meeting and conferring over the renewal, or continuation of this Agreement.

43. REOPENER ON AIRPORT LAW ENFORCEMENT
Union reserves its right to demand that the City meet and confer over the impacts/effects on the wages, hours and other negotiable terms and conditions of employment of Airport Patrol staff related to a management decision to transfer all or some law enforcement functions at the Airport to Police Department staff in the Police Officers Association.

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

45. RETIREE MEDICAL INSURANCE CONTRIBUTION
a. This provision is applicable to employees who retire from City service on or after October 1, 1994, and

1. Have 15 or more years of classified or unclassified service; or

2. Retire from City with an industrial disability.
21 12200704.1 SA390-048
For employees who retire on or after January 1, 2011, the City shall contribute $12.00 per month, per year of service up to a maximum of 35 years (i.e., $420/month) towards the purchase of medical insurance for the retiree and his/her spouse or domestic partner registered with the City Clerk’s Office or the Secretary of State, if applicable.
c. The retiree is not limited to purchase of a City sponsored plan, provided however, that if the retiree purchases another insurance plan, the retiree must supply the City with adequate proof of insurance coverage prior to any contribution from the City. Proof of such coverage shall be provided to the City on a periodic basis, as reasonably determined by the City.
d. The City shall continue to make its contribution until the retiree reaches age 65 or dies, whichever occurs first, provided however, that if the retiree dies before reaching the age of 65 and there is a surviving spouse or registered domestic partner, the City's contribution shall cease when the retiree would have reached age 65. Thereafter, the spouse may remain on the insurance plan, at his/her own cost, subject to the conditions set forth by the insurance company.
e. In the event Health Care legislation is passed which affects the nature of the benefit described above, the parties will reopen negotiations and modify this benefit, if necessary, so as to maintain their original intent (e.g., eligibility, scope, cost).
f. If any Court decision with binding effect on the City of Santa Barbara rules that a retiree medical provision like the provision contained herein violates the State or Federal law against age discrimination, the parties agree that within 30 days they will reopen negotiations on said provision to convert to a retiree medical policy with equivalent cost that does not violate age discrimination law. The parties agree that whatever policy is agreed upon will not reduce or increase the City's contribution toward retiree medical insurance.

46. RETIREMENT
a. Classic Miscellaneous Employees:

1. The City will provide miscellaneous employees the two point seven percent (2.7%) at age fifty-five (55) benefit formula under the Public Employees' Retirement System (PERS), pursuant to Government Code Section 21354.5.

2. The City will contribute toward the PERS normal employee's contribution as detailed in section “3”, below, and these contributions, if any, shall be credited to the member's account. The City shall report the value of any Employer Paid Member Contributions (EPMC) to PERS as compensation earnable through enabling City resolution, pursuant to Government Code Section 20636(c)(4).

Effective June 19, 2021, Classic Employees will pay the 8% required contribution for the

2.7% at 55 benefit.

3. The following contract provisions shall apply to the PERS miscellaneous plan i. The City will provide One-Year Final Compensation for Classic Miscellaneous employees under PERS, pursuant to Government Code section 20042. ii. The PERS Miscellaneous contract shall provide for Military Service Credit as Public Service under Government Code Section 21024 and for Public Service Credit for Excluded or Limited Prior Service under Government Code Section 21031. iii. The PERS Miscellaneous contract shall provide for Public Service Credit for Peace Corps or Americorps: Volunteers in Service to America (VISTA) pursuant to Government Code Section 21023.5,
iv. The City will provide the Fourth (4th) Level of 1959 Survivor Benefits for Miscellaneous employees, pursuant to Government Code Section 21574. 22 12200704.1 SA390-048
b. Classic Harbor Patrol Safety Employees:

1. The PERS contract shall provide local safety member status under the 3% at 50 benefit formula to employees regularly assigned as Harbor Patrol Officers pursuant to Government Code section 20423.

2. The City will provide to Harbor Patrol Officers the additional PERS benefits of One-Year Highest Compensation, Increased Level of 1959 Survivor Benefits (Level Two), Post Retirement Survivor Benefits and Post Retirement Survivor Allowance to Continue After Remarriage, Military Service Credit as Public Service under Government Code Section 21024 and Public Service Credit for Excluded or Limited Prior Service under Government Code Section 21031.

3. Employees will pay the full required 9% member contribution toward pension benefits. c. Airport Patrol Officers
The parties agree that the City will amend the CalPERS contract to provide safety retirement for Airport Patrol Officers as soon as practicable. Safety formula for Classic Employees is 3% at 50 and 2.7% at 57 for those classified as “PEPRA.” The City will provide to Airport Patrol Officers the additional PERS benefits allowable by law.

1. Classic Employees will pay the full required 9% member contribution toward pension benefits.

2. “PEPRA” Employees will pay the required contribution as required by law. d. Contract Changes: The City is authorized to amend its contract with PERS immediately, in order to be able to implement the incentives listed below:

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

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

2. City payment of Military Service Credit as Public Service in accordance with Government Code Section 21024.
e. Pension Reform: Notwithstanding the provisions above, effective January 1, 2013, new members as defined by California Public Employees’ Pension Reform Act of 2013 (hereinafter “AB 340”) will be covered under the 2% at 62 Miscellaneous retirement formula or the 2.7% at 57 Safety retirement formula, with a final compensation measurement period of the average of the highest three (3) consecutive years, as well as all other statutory requirements of AB 340. Effective January 1, 2014, new employees and/or members as defined by AB 340 shall contribute half the normal cost for benefits, as defined by AB 340; the City will not pay any portion of these employees’ required contributions. As provided under the law, some new City employees may qualify as “classic” employees by virtue of their prior government service.

47. RETIREMENT-- DEFERRED COMPENSATION
The City agrees to meet at least two times each fiscal year with up to two Union representatives to discuss the deferred compensation plan investment options, fees, and performance. Where appropriate, at the discretion of the Human Resources Manager, the City’s 457 Plan Administrator(s) will be invited to such meetings.
23 12200704.1 SA390-048

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

49. SAFETY EQUIPMENT
a. The City and the Union agree that the City will either provide all safety equipment required by the City or will reimburse the employee for purchasing the equipment whenever such equipment has been required by the City as necessary for the job. Such equipment shall include, but not be limited to, safety shoes, safety glasses, helmets, gloves, boots, life jackets, and all related safety items. Both parties agree that the City shall retain the right to determine the minimum specifications of the safety equipment, procurement procedures, and limitations and exclusions. b. Notwithstanding the above, the parties agree that employees designated by the City as required to wear steel-toed safety shoes with the exception of Harbor Patrol Officers, Airport Patrol Officers and Park Rangers, in the performance of their duties, shall be eligible to receive an annual allowance for the provision of said shoes upon the presentation of valid claims in keeping with City established procedures in amounts not to exceed $230. By February 1, 2024 the City and Union agree to meet in Labor Management meeting for further discussion regarding safety equipment language for discussion and/or mutual agreement.

If the employee desires, he/she may combine two years’ allowance for the purchase of shoes. The allowance is for the purchase of shoes only.
c. City shall provide prescription safety glasses to those employees who wear prescription glasses and perform duties that require the use of safety glasses. Such employees shall provide the City with the lens specifications prescribed by the employee's doctor. The City will provide the initial pair of safety glasses based upon this prescription and shall replace same only upon a subsequent substantial change of prescription or evidence acceptable to the City that said prescription safety glasses are rendered unusable by accidental damage suffered while performing assigned duties.

50. SALARIES
a. Effective December 2, 2023, current employees as of the date of such ratification shall receive an across the board salary increase of 5.5% as a cost of living adjustment.

Effective the first full pay period following October 1, 2024, current employees as of such date shall receive an across the board salary increase of 3.0% as a cost of living adjustment.

Effective the first full pay period following October 1, 2025, current employees as of such date shall receive an across the board salary increase of 2.0% as a cost of living adjustment. b. Achieving the second salary step, or "B" step, and subsequent steps shall require, in addition to satisfactory performance, a period of one year of actual service. c. Employees shall receive at least a five percent (5%) salary increase upon promotion provided however that the City shall not be required to pay a salary in excess of the salary range authorized for the appropriate classification by the City Council in the official Position and Salary Control Resolution. The City shall make every effort to provide a minimum five percent (5%) separation in salary between classifications within a series and classifications within recognized career ladders as determined by the City. The City shall provide the Union with a chart of career ladders, and the City shall update said list. 24 12200704.1 SA390-048
d. Anniversary dates for newly hired employees shall be the first of the month if the employee was hired on or before the fifteenth of that month and the first day of the following month for those hired after the fifteenth. The end of the probationary period shall coincide with the anniversary date. e. Survey Agencies to be used for future salary/compensation surveys:

Airport Patrol Officer/Operations
Fresno/Yosemite International Airport (FAT)
Palm Springs International Airport (PSP)
Bob Hope Burbank (BUR)
San Jose International Airport (SJC)
John Wayne Santa Ana Airport (SNA)
Water/Wastewater Systems
Santa Cruz
Santa Monica
Goleta Sanitary District
Goleta Water District
City of Los Angeles (LADWP)
Irvine Ranch Water District
Harbor Patrol
Redondo Beach
City of Los Angeles
Santa Monica
Huntington Beach
County of Orange
f. Until completion of the City’s Compensation and Classification Study that commenced in 2023, the City agrees to: A. Once each year in January, at the Union’s request, the City will review the salary placement of up to three (3) classifications within a series that meet one or more of the following criteria:

1. Significant turnover;

2. Difficulty recruiting;

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

4. Range or salary compaction; and/or

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

Water/Wastewater Systems
Santa Cruz
Santa Monica
Goleta Sanitary District
Goleta Water District
City of Los Angeles (LADWP)
Irvine Ranch Water District
Airport Patrol/Operations
Fresno/Yosemite International Airport (FAT)
Palm Springs International Airport (PSP)
Bob Hope Burbank (BUR)
San Jose International Airport (SJC)
John Wayne Santa Ana Airport (SNA)
Harbor Patrol
25 12200704.1 SA390-048
Redondo Beach
City of Los Angeles
Santa Monica
Huntington Beach
County of Orange
Should the salary review be completed and there is at least one month until the next regularly scheduled quarterly approval of the budget by the City Council , the City shall address any inequity greater than 5% so that the inequity is 5%. (Example: A Classification found to be 8% out of market where the salary review occurs in 2024 would receive a 3% salary adjustment to commence by no later than the end of 2024.) Should the salary review be completed within one month of the next regularly scheduled quarterly approval of the budget by the City Council, then the inequity adjustment shall occur by the following regularly scheduled quarterly approval of the budget by the City Council.

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

The following conditions apply to this benefit:

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

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

3. The retiring employee may take the cash purchase value of the annuity in lieu of the monthly annuity;

4. Safety group members who obtain 90% of final compensation upon retirement are not eligible for this benefit. (Effective October 28, 2017 the 90% limit to receive this benefit will be eliminated. However, no employee whose annuity eligibility would already have been reduced or eliminated under the 90% cap as of the date of ratification of this Agreement will have such benefit restored.)); and

5. If the City amends its PERS Miscellaneous or Police contract to include service credit for sick leave upon retirement, non-safety or Police employees, respectively, will be included in that PERS contract amendment and the annuity program will be discontinued for that group.

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

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

1. Swing shift differential pay when 50% or more of the hours of the assigned shift hours, 26 12200704.1 SA390-048
excluding overtime, fall between 5:00 p.m. and midnight; or

2. Graveyard shift differential pay when 50% or more of the hours of the assigned shift hours, excluding overtime, fall between midnight and 7:00 a.m. b. Overtime as Continuation of Assigned Shift. Shift differential for overtime which is a continuation (without break) of the assigned shift is paid based upon the eligibility of the assigned shift. See Examples 1, 2, 3 and 4 in Appendix A entitled Shift Differential Examples.

Back-to-Back Shifts. Shift differential for overtime which are two (2) entirely distinct assigned shifts are paid based upon the separate eligibility of each shift. See Examples 5 and 6 in Appendix A entitled Shift Differential Examples.
c. Call Backs.

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

2. Shift differential is paid for call back overtime of eight (8) hours or more when 50% or more of the hours fall between 5:00 p.m. and midnight or midnight and 7:00 a.m. See Example 8 in Appendix A entitled Shift Differential Examples.
d. Shift differential amounts shall be as follows:

Swing Shift Graveyard Shift
$2.00 /hour $3.50 /hour

54. SICK LEAVE
a. The City and the Union agree that the City's sick leave policy shall be that employees shall accrue sick leave at the rate of 3.7 hours for each full pay period of service with a maximum accumulation of two thousand and eighty (2,080) hours. Said sick leave accrual shall begin effective the first day of employment. b. The programs referred to as "Non-Replenishable" and "City Administrators" sick leave authorized by Municipal Code Sections 3.08.150 (b) and 3.08.210 are eliminated. c. An employee may use sick leave for a medical appointment when it is not possible to arrange such appointment on non-worktime subject to the following two conditions: 1) Reasonable advance notice which in no event shall be less than 24 hours; 2) Subject to supervisory approval based on operational needs. d. A full-time employee may use up to 48 hours of available accrued sick leave (the equivalent of 6 months of accrual) per calendar year for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, a family member of the employee. “Family member” means any of the following: a spouse or registered domestic partner; a child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status); a parent (biological, adoptive, or foster parent, stepparent, or legal guardian) of an employee or the employee’s spouse or registered domestic partner; a person who stood in loco parentis when the employee was a minor child; a grandparent; a grandchild; or a sibling. Part-time employees may use the equivalent of six (6) months of sick leave accrual at their prorated accrual rate for such purposes. All rules for use of sick leave will apply, including those regarding physician statement requirements and use of sick leave for medical appointments.

55. STANDBY PAY
The City and the Union agree that effective during this Agreement, when an employee is officially designated by management to remain available to physically return to the workplace, at any time during specific hours outside of normal working hours, the employee shall receive two hours of straight-time pay or 27 12200704.1 SA390-048
compensatory time off for each eight hours on standby or fraction thereof. To the extent feasible, the parties agree that standby, including standby during holidays, shall be assigned on an equitable basis to all eligible employees.

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

56. STATE DISABILITY INSURANCE (SDI) AND STATE PAID FAMILY LEAVE

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

Depending on eligibility, an employee may receive:

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

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

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

57. TERM OF AGREEMENT
The City and the Union agree that the term of this Agreement shall be twenty-seven (27) months commencing October 1, 2023 and ending at midnight on December 31, 2025. It is further agreed that the term of this Agreement may be extended by mutual agreement.

58. TRAINING
a. The parties recognize that training programs and the advancement of employees to positions of 28 12200704.1 SA390-048
higher skill are matters of great importance and interest to the City, the Union, and the employees covered by this Agreement. However, the City shall retain the right to determine what training is required for the employee to improve his/her performance on the job and to make such training a condition of employment.

Such training may include requests by Department Heads for additional training of current employees, subject to the approval of the City Administrator. The parties agree that employees will be trained in the use of fire prevention equipment under the supervision of the City's Fire Department and that a fire evacuation plan will be developed by each department for each major City facility and posted. b. Direct costs for all training or instruction required by the City shall be paid for by the City.

Determination of eligible employees will be based upon the needs of the City with seniority being a factor considered. Wage compensation for employees shall be determined as follows:

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

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

2. Attendance is in fact voluntary;

3. The course, lecture, or meeting is not directly related to the employee's job; and

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

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

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

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

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

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

Exempt Employees
29 12200704.1 SA390-048
In the case of an exempt employee, the MOU language (other than the FLSA requirements applicable to non-exempt employees) determines whether training or related travel time is compensable. Exempt employees will only be paid for time spent in required training and travel during normal work hours.

Travel outside of regular work hours is excluded.
c. For Harbor and Airport Patrol Officers, the City agrees to encourage employees to voluntarily develop their job skills through the coordinated use of City Police Department audio visual training materials in instances where the nature of their jobs would make such training valuable to employee job performance.

The City agrees that Peace Officers Standard Training (P.O.S.T.) is desirable for Airport and Harbor patrol officers. The City may provide such training to patrol officers through and including P.O.S.T. Level I. d. Employees will be eligible to participate in the Citywide Educational Reimbursement Program. The union waives any requirement for the City to meet and confer on enhancements to this policy to increase the maximum reimbursement (currently $1000) or expand reimbursement eligibility. However, the City will notify the union of any such change.
e. In the event an Airport Patrol Officer chooses to take the FAA Ground School on his or her own time, and successfully completes the school and passes the written examination, then, upon verification thereof, the City shall reimburse such employee for his or her expenses for required books and the course fee up to $200.

59. UNAUTHORIZED LEAVE/SUSPENSION
No sick leave, vacation, or holiday shall be paid to an employee during any period of unauthorized leave or suspension. An employee's absence shall be unauthorized if such employee does not report absence to supervisor designated by Department Head within one-half (1/2) hour before or after his/her regular starting time, except in cases of emergency in which case the employee shall provide notification as soon as possible.

60. UNIFORM MAINTENANCE ALLOWANCE
a. The parties agree that the following classifications, shall receive an annual cash uniform purchase and replacement allowance as follows:

Time Period Airport Patrol Harbor Patrol Park Ranger
October 1, 2023-September 30, 2025 $1064 $1064 $1064
Payment of the Uniform Maintenance Allowance will be paid to employees per pay period.

It is agreed that the above uniform allowance shall be applied towards the purchase of appropriate shoes. b. The City and the Union agree that employees required by the City to wear uniforms and not receiving a Uniform Maintenance Allowance from the City for participation in a uniform laundry service shall have the full cost of the uniform maintenance paid for by the City. The City retains full and complete control over the administration of the uniform maintenance program. City shall provide all personnel at all treatment plants and in distribution and collection, except Laboratory Technicians, with a minimum of ten (10) uniform changes and a maximum of twelve (12) uniform changes based on the employee's request.

The City shall provide five (5) coverall changes for all Treatment Plant Mechanics and for Operators at El Estero Wastewater Treatment Plant. Operators at the Water Treatment Plant(s) shall receive three (3) coverall changes. The City shall provide Laboratory Technicians with two (2) coverall changes and three (3) laboratory coat changes.
30 12200704.1 SA390-048
On an annual basis, Airport Operations staff will be provided, five (5) SBA branded polo shirts or button up shirts (long sleeve or short sleeve), one (1) SBA branded jacket as needed, one (1) SBA branded hat.

Employees may request additional clothing at their own expense. On a case-by-case basis, employee clothing that is damaged or destroyed while performing job duties will be considered for replacement by Santa Barbara Airport.

Airport Patrol Officers will be provided with a full set of new hire uniforms (2 class A, 2 class B, and 3 departmental polo shirts) prior to POST Academy.

61. UNION BUSINESS ATTENDANCE
Up to 120 paid leave hours will be available each year for union activities including training, conference attendance and other off-site union related business. Not more than five (5) Union officers or chief stewards will be permitted to access such hours in any one year, with no more than 40 hours used for any one employee. Release time will be subject to approval of scheduling with department management and prior notification to the Human Resources Manager. The employee will use the designated code to identify the use of Union Business Attendance time on the employee’s time sheet.

62. UNION NOTICE- EMPLOYEE ORIENTATION & INTERDEPARTMENTAL TEAMS a. The City will provide the union a list of attendees in the bargaining unit at a group New Employee Orientation meeting not less than two weeks prior to the orientation along with the date, location, and time for the Union’s presentation. The City will provide a Union representative an opportunity during the orientation to provide information to bargaining unit members regarding the benefits and obligations of union membership. Such presentation shall not exceed 15 minutes in duration. Management may witness the Union’s presentation.
b. The City will provide the Union with advanced written notice of Interdepartmental Team Opportunities offered through its Succession Program that are offered to bargaining unit members, along with the anticipated scope of work. The Union will notify the City if the Union believes that the anticipated scope of work may involve issues within the scope of collective bargaining and lodge a written demand to bargain on such issues. Bargaining unit member participation on an Interdepartmental Team will not constitute collective bargaining nor satisfy any duty for the City to collectively bargain with the Union.

63. UNION STEWARDS
a. The City agrees that the Union may designate Union stewards to represent employees in the processing of grievances. The Union shall furnish the City with a list identifying by name and work location all Union stewards. Said list shall be kept current by the Union at all times. Union stewards may begin representing a grievant only after the employee has tried to resolve the problem with his/her immediate supervisor and the two parties failed to reach a resolution to the problem. b. City will remind supervisors annually of employee “Weingarten” rights to union representation.

Upon the Union’s request, City will review and comment on proposed Union communication to its members about such rights.

64. UNION SECURITY & MAINTENANCE OF MEMBERSHIP
a. Dues Deductions - Any of the union dues related payment obligations shall be processed by the City in the usual and customary manner and time frames. b. Leave Without Pay - Employees on an unpaid leave of absence for an entire pay period or more 31 12200704.1 SA390-048
shall have their dues deductions suspended.
c. Indemnification/Hold Harmless Clause - The Union agrees to fully indemnify, defend and hold harmless the City and its officers, employees and agents against any and all claims, proceedings, settlements and/or liability regarding the legality of this Article or any action taken or not taken by or on behalf of the City under this Section.
d. Maintenance of Membership – All regular unit employees who are members of the Union in good standing shall maintain their membership in the Union in good standing, subject however, to the right to resign from membership by submitting a written request to the Union during the month of August annually.

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

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

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

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

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

Length of Continuous Service Vacation Entitlement
0 - 2 years (96 hours) per year
3 - 5 years (120 hours) per year
6 - 10 years (176 hours) per year
11 - 15 years (200 hours) per year
16 & Over Years (224 hours) per year
Vacation periods shall be scheduled by management to provide adequate staffing. Such scheduling shall be subject to the needs of the City but shall take into account employee seniority and choice. c. The maximum vacation accrual balance that an employee may maintain is 500 hours. Those employees with more than 500 hours of vacation balance as of the date of ratification of this agreement shall be cashed out on a date to be determined.
32 12200704.1 SA390-048
d. Annual Cash Out of Vacation – Employees may cash out up to 100 hours of vacation each calendar year. Cash out shall be made pursuant to City policy on vacation cash out. Upon change of City policy on cash out process, cash out would involve an irrevocable election process whereby the employee would make an irrevocable election to cash out leave in the year prior to the year of cash out. The leave to be cashed out would need to be accrued in the same year of cash out.

67. 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.

68. WORK SCHEDULE
a. The normal work week shall average forty (40) hours. There shall be at least two consecutive days of rest observed after each work week subject to City needs for standby, call back, overtime and regularly scheduled shift changes. The Department Head shall establish a "regular" schedule for each employee with a start and quit time. Such schedule shall not be changed without forty-eight hours (two days) advance notice except in emergencies. City shall provide employees with reasonable "clean-up" time and employees shall be ready to begin work at start time. City agrees that work outside the regularly scheduled workday shall be compensated in accordance with the overtime policy contained herein. b. In no case shall an employee's work schedule be altered to avoid the payment of overtime earned as a result of call back after the employee's regular shift, work day, or work weekends. c. It is the intent of the City, when staffing permits, to assign a minimum of two (2) Harbor Patrol Officers to each shift at the Harbor and a minimum of two operators to the El Estero Treatment Plant. d. Airport Patrol Officers shall be scheduled on either a four-ten work week (4/10), a three-twelve (3/12) work week, or a three-twelve-and-a-half (3/12.5) work week schedule. Assignment to one of these work schedules shall have no effect on accrual rates or employment terms. e. The City may require Harbor Patrol Officers to work a four-ten work schedule. The continuation of this schedule shall be subject to Department Head approval with input from affected employees and based 33 12200704.1 SA390-048
on the following criteria: costs, staffing, overlap and mission.

This change to a four-ten work schedule shall have no effect on accrual rates or employment terms. f. Employees on a 9/80 Work Schedule will be covered under the “9/80 WORK SCHEDULE POLICY” contained in Appendix D.

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

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

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

1. Use accrued paid leave time (sick leave, vacation time, compensatory time, or personal leave); or

2. Use ‘industrial leave without pay” if employee has no accrued paid leave time, or

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

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

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

70. WORKING OUT OF CLASSIFICATION
The City and the Union agree that it is the intent of departmental management to avoid working an employee out of classification.
34 12200704.1 SA390-048
It is further agreed that working an employee out of classification will occur only to meet the work requirements within the City and that such out of classification work will terminate after fifteen (15) consecutive work days or thirty (30) work days in any one calendar year, or if extended beyond fifteen (15) consecutive or thirty (30) work days, the employee shall be compensated at the rate of the higher classification while the out of classification work continues subject to right of employee to waive this provision based upon personal career development.

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

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

It is the intent of this article to compensate employees for assigned out of class work extended beyond fifteen (15) consecutive or thirty (30) work days in any one calendar year. By February 1, 2024, the City and Union agree to meet in Labor Management meeting for further discussion regarding working out of classification language for discussion and/or mutual agreement.

Water Resources Division Operators in Training (OIT’s) who meet the minimum qualifications of (entry/journey level) an operator position, (certification/experience) and who are assigned to perform full (entry/journey) level duties of that position, will be eligible for acting pay (working out of class pay) under this provision.

Reclassification Requests
If an employee believes he/she is working out of classification on a regular on-going basis, the employee may:
a. Request a reclassification from his/her manager in writing. The manager shall respond in writing within ten (10) working days of receipt of the request. The manager may recommend that a classification review be conducted by submitting a written request, approved by the Department Head, to Human Resources.
b. If the employee is not satisfied with the manager's response, he/she may submit a written reclassification request to his/her Department Head or designee within ten (10) working days of receiving his/her manager's written response. Within twenty (20) working days of receipt of the employee's written request, the Department Head or designee shall meet with the employee and issue a written response to the employee and the Human Resources Office. c. If the Department Head's response so requests that a classification review be conducted, Human Resources shall conduct said classification review and shall issue its decision to the employee and the Department Head within forty-five (45) working days of receipt of the request.

Appendix A- Shift Differential Examples
12200704.1 SA390-048
APPENDIX ‘A’

SHIFT DIFFERENTIAL EXAMPLES
Example 1. An employee is assigned to work a ten (10) hour shift from 3:30 p.m. to 1:30 a.m. Because 50% or more of the assigned shift hours fall between 5:00 p.m. and midnight, the employee is entitled to Swing Shift Differential pay. If that employee is asked to work overtime from 1:30 a.m. to 3:30 a.m., the employee will be entitled to Swing Shift Differential pay at the overtime rate for the additional two hours (1:30 a.m. to 3:30 a.m.) worked.

Example 2. An employee is assigned to work an eight (8) hour shift from 7:30 a.m. to 4:00 p.m. and is then directed to work an additional five (5) hours to cover for a sick employee from 4:00 p.m. to 9:00 p.m.

The employee is not entitled to shift differential pay because the assigned shift hours (7:30 a.m. to 4:00 p.m.) do not qualify for shift differential and the overtime worked is less than eight hours.

Example 3. An employee is assigned to work 8:00 a.m. to 4:30 p.m. However, on this particular day, the employee is assigned to work from 3:00 a.m. to 8:00 a.m. in addition to the assigned regular shift hours in order to cover for an absent employee. The employee is not entitled to shift differential pay because the assigned shift hours do not qualify for shift differential.

Example 4. An employee is assigned to work 7:30 a.m. to 4:00 p.m. and then is directed to work additional time for an emergency situation. The employee then works until 1:00 a.m. The employee is entitled to Swing Shift Differential pay at the overtime rate for the period of 4:00 p.m. to 1:00 a.m. The employee has in effect worked two shifts.

Example 5. An employee is assigned to work the swing shift between 4:00 p.m. and midnight and then is assigned to work the graveyard shift from midnight to 8:00 a.m. In this case the employee is assigned to work two distinct shifts. Therefore, the employee is entitled to Swing Shift Differential pay for the time between 4:00 p.m. to midnight and Graveyard Shift Differential pay at the overtime rate for the hours from midnight to 8:00 a.m.

Example 6. An employee is assigned to work the graveyard shift between midnight and 8:00 a.m. and then is assigned the day shift from 8:00 a.m. to 4:30 p.m. As in Example 5, the employee is assigned two distinct shifts; therefore, the employee is entitled to Graveyard Shift Differential for the time period of midnight to 8:00 a.m., but no shift differential for the time period of 8:00 a.m. to 4:30 p.m.

Example 7. An employee is assigned to work from 4:00 p.m. to midnight. That employee leaves work at midnight, goes home, and then is called back to work between 2:00 a.m. and 7:00 a.m. That employee is entitled to Swing Shift Differential pay for the regular assigned shift from 4:00 p.m. to midnight. The employee is not entitled to shift differential pay for the overtime hours (2:00 a.m. to 7:00 a.m.) because it is considered a call back of less than eight hours.

Example 8. An employee is assigned to work 7:30 a.m. to 4:00 p.m. and then is called back to work at 7:00 p.m. and works until 3:00 a.m. due to an emergency situation. The employee is entitled to Swing Shift Differential at the overtime rate for the call back of eight hours or more (7:00 p.m. to 3:00 a.m.). 12200704.1 SA390-048
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12200704.1 SA390-048

APPENDIX B

CITY OF SANTA BARBARA

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

Contents

1. Maternity Leave Policy

2. Parental Leave Policy

3. Flexible Leave Policy

4. Alternative Work Schedules

5. Job Sharing

6. Part-time Work

7. At-home Work
Appendix B- Child Care Policies
12200704.1 SA390-048
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1. MATERNITY LEAVE (medical leave)
The City of Santa Barbara is committed to providing time off from work, so far as possible, to employees during pregnancy and following childbirth.

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

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

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

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

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

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

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

Appendix B- Child Care Policies
12200704.1 SA390-048
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Employees are encouraged to discuss their time off needs with their supervisors as early as possible.

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

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

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

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

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

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

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

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

Appendix B- Child Care Policies
12200704.1 SA390-048
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6. PART-TIME WORK (All employees)
An employee may request to work on a part-time basis. A request to work part-time for a limited duration is subject to the operational needs of the department as determined by the Department Head. The Department Head may grant part-time assignments of limited duration. Extensions of part-time assignments will be considered upon employee request.

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

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

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

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

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

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

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

Appendix C
12200704.1 SA390-048

APPENDIX C

CITY OF SANTA BARBARA

DRUG AND ALCOHOL TESTING POLICY
Appendix C- Drug and Alcohol Testing Policy

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Santa Barbara City CouncilDecember 12, 2023

Santa Barbara City Council
December 12, 2023