PREPARED BY: Sarah Clark, Downtown Team Manager/MS/nv
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA ESTABLISHING FEES FOR THE
CITYWIDE PARKLET PROGRAM
WHEREAS, on December 12, 2023, the City Council adopted Ordinance 6134, adding Chapter 9.180 to the Santa Barbara Municipal Code to authorize and regulate parklets in the public right of way; and
WHEREAS, the City Council wishes to establish fees for the processing of applications and issuing and maintaining licenses for parklets in the public right of way, and to add a Coastal Development Permit fee specifically for parklets in the public right of way.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA AS FOLLOWS:
SECTION 1. The Council hereby determines and finds that:
a. Funds are needed to defray the cost of providing programs and services furnished by the City.
b. The funds needed to defray such operating expenses can and should be obtained by setting fees and charges for these programs and services, in line with the City’s cost recovery and revenue policy.
c. The setting of fees and charges for these programs and services is exempt from compliance with the requirements of the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080(b)(8)(1)-(4) and Title 14 of the California Administrative Code, Section 15273(a)(1)-(4).
SECTION 2. Fees for parklets under Santa Barbara Municipal Code Chapter 9.180 will be determined according to the following schedule:
Fee Name Applies To Amount
Pre-Application Fee All Parklets $514
Parklet Application Fee All Parklets $2,500
Annual Parklet License Fee All Parklets $24/sq’/Year
CDP (Reduced) Parklets in
Coastal Zone $5,535
The fees established by this resolution are additional to any fees established for processing applicable development applications, including, Design Review Fee, Environmental Review Fee, Mailing Fee, and Fire Code Compliance Fee.
SECTION 3. This resolution is effective upon adoption and will be operative for all facilities commencing March 12, 2024.
SECTION 4. The City Administrator is directed to include the fees established by this resolution in the next annual update of the Schedule of City Penalties, Fees and Service Charges.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
DATE: March 12, 2024
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Annual Report on Community Oversight of Law Enforcement and Fire and Police Commission Work Plan
RECOMMENDATION:
That Council receive the annual report on community oversight of law enforcement and work plan submitted on behalf of the Fire and Police Commission.
EXECUTIVE SUMMARY:
The Ordinance (Chapter 2.09) establishing new duties and authorities to the Board of Fire and Police Commissioners that was adopted by Mayor and Council on October 18, 2022, included the requirements that the police monitor role within the City Administrator’s Office coordinate with the Commission to submit an annual report and work plan to the City Council no later than March 1 of each year [Section 2.09.040 B(9)]. That section specifies that the annual report may include information and input on items such as: the Commission’s activities during the year, evaluation of the workload and capacity of the Commission to address priority issues, and a summary of the number, type and disposition of complaints filed with Police Department and Fire Department by members of the public.
DISCUSSION:
On October 18, 2022, the Mayor and Council adopted the ordinance that established new duties and authorities of police oversight to the Board of Fire and Police Commissioners that is consistent with the City Charter (Section 816). At that time, the City Council also decided to reconstitute the Fire and Police Commission membership and directed staff to facilitate a special recruitment process. The appointment of five new Commissioners took place in December of that same year and the newly reconstituted Fire and Police Commission met for the first time on January 26, 2023.
Agenda Item No. 15
File Code No. 520.01
Council Agenda Report
Annual Report on Community Oversight of Law Enforcement and Fire and Police Commission Work Plan
March 12, 2024
Commission’s Activities
Over the course of last year, the Fire and Police Commission has focused on the completion of a rigorous Orientation and Training program as required by the new ordinance. This included a diversity of topics that would aid in the Commission performing its new duties including: the California’s Political Reform Act and California’s Brown Act; review of the respective Department’s complaint process; California Senate Bill (SB) 2 requirements on decertification of Peace Officers; the Police Department’s use of force policy and investigative process, the Police Department’s critical incident response policy; as well as the California Public Safety Officers Procedural Bill of Rights (POBAR) Act and California Firefighters Procedural Bill of Rights Act (FOBAR). In addition, all Commissioners have been working to complete a four-hour minimum day shift and a fourhour minimum night shift ride along with the Police Department and four-hour minimum day shift with the Fire Department.
The Fire and Police Commission also received a copy of the Audit of the Santa Barbara Police Department that was conducted in March 2023 by the OIR Group that specializes in Independent Police Oversight and Review. The Scope of Work for the Audit included review of: (a) the Department’s complaint process; (b) the need for Executive Development and Leadership training; (c) employee retention and recruiting; (d) Use of Force training and review; and (e) General policy compliance. The Audit resulted in 31 recommendations for consideration of which 25 have been implemented by the Police Department to date. The Commission will continue to monitor implementation of the Audit recommendations and is expected to receive a comprehensive update from Police Chief Gordon in the early Fall.
The Commission also went into depth on several Department policies and programs that were specifically highlighted in the Audit. This included input on the employee performance evaluation process, analysis of the calls for service (CFS) related to behavioral health crises and the Co-Response Team program, as well as personnel safety and well-being that is so integral to the Department’s culture and success serving the community.
Observations from Role of Police Monitor
The role of police monitor was assigned to the Senior Assistant to the City Administrator within the City Administrator’s Office. The police monitor is a civilian position designed to provide independent oversight to ensure efficient, just and lawful police operations. This includes monitoring use of force incidents, internal investigations, and complaints within the Police Department. This individual also serves as key advisor and staff liaison to the Fire and Police Commission, which is appropriate as the City Charter calls for the Commission to act in an advisory capacity to the City Administrator on the operations of the Fire and Police Departments.
Council Agenda Report
Annual Report on Community Oversight of Law Enforcement and Fire and Police Commission Work Plan
March 12, 2024
For example, the police monitor meets weekly with the Commander for Community Accountability to review complaints received, status of investigations, and dispositions.
There is also specific monitoring and follow-up for complaints received through the City Administrator’s Office as well as monthly review of Use of Force incident data and investigations. Moreover, the City Administrator’s Office and the Police Department work closely together on data analysis, reporting and informational presentations prepared for the Fire and Police Commission.
The City Administrator’s Office is also being advised by Hassan Aden, independent police monitor professional and principal of The Aden Group, LLC. Mr. Aden has conducted three site visits in the last year to engage directly with the Santa Barbara Police Department, City Administrator and her team, as well as the members of the Fire and Police Commission. Along with an extended career in law enforcement, that included being Chief of Police for two different cities, Mr. Aden has served in a leadership role on the consent decree monitoring teams for police departments in Seattle, Cleveland, Chicago, and Baltimore.
During this period, the auditing of complaints and investigations has yielded several important observations that were reported to the Fire and Police Commission. This includes an increased rigor of documentation for reporting and a higher utilization of professional standards software. There is also more formal and consistent communication with the complainants and officers involved, including enhancement of post-investigation communications along with a shortened internal timeline for completion of investigations. Moreover, Police Chief Gordon has implemented new processes for Use of Force incidents and investigations that include thorough documentation of deescalation efforts by officers.
Summary of Complaints and Investigations
Per ordinance requirements, the Fire and Police Commission receives quarterly reports on complaints of police misconduct that include the number of complaints of Department Sworn Employees submitted to the Professional Standards Unit (PSU) as well as the number of pending PSU investigations, and the related policy section of misconduct that are being investigated.
The Fire and Police Commission received its first-ever annual report on complaints and investigations on February 22, 2024. This report included the number of internal investigations completed by the PSU and the findings of those investigations along with the number of Department Sworn Employees disciplined and the level of discipline employed. It also noted the number of complaints that did not result in discipline.
Moreover, the Police Department provided the topic and total hours of training provided to Department Sworn Employees and the subject matter of those training sessions.
In 2023, the Santa Barbara Police Department responded in person to 47,232 calls for service of which officers made 3,989 arrests. The Department received twenty (20) citizen Council Agenda Report
Annual Report on Community Oversight of Law Enforcement and Fire and Police Commission Work Plan
March 12, 2024
complaints which, in turn, equates to 99.96% of contacts with the public not resulting in a resident complaint. The Department also investigated six (6) administrative complaints.
Of the twenty-six (26) complaints, investigations resulted in the following dispositions:
eight were unfounded; nine were exonerated; one was not sustained; and eight were sustained. For background, the dispositions are defined as follows:
Unfounded – The investigation clearly established that the allegation is not true. Exonerated – The investigation clearly established that the employee’s actions that formed the basis of the allegations in the complaint were not in violation of law or agency policy.
Not Sustained – The investigation failed to disclose sufficient evidence to clearly provide or disprove the complaint’s allegation.
Sustained – The investigation disclosed sufficient evidence to provide truth of the allegation in complaint by a preponderance of evidence.
The discipline in the sustained complaints included three corrective counseling, one written reprimand, two suspensions, one demotion and one termination. It is also important to note that in addition to the discipline imposed, officers often have additional training required because of a sustained violation.
2023–2024 Work Plan and Priority Issues
The 2023–2024 Work Plan created and adopted by the Fire and Police Commission is included as an attachment. This plan bridges two calendar years given the fact that the members of the Commission were newly appointed in December 2022 and the majority of last year was dedicated to the new Orientation and Training Program.
Strengthening community engagement in the efforts of the Fire and Police Commission has emerged as one of the top priorities now that members are adjusted into their volunteer leadership roles and have a better understanding of their new duties and authorities. This will include leveraging existing and new community engagement programs within the Police Department and Fire Department, collaborating with community-based organizations, and creating more user-friendly pathways to access information and resources within the purview of the Commission.
The Commission will also be focused on updating the policies and procedures that guide public meetings and the Commission’s advisory role to City Council and the City Administrator’s Office as well as its quasi-judicial duties.
As the Fire and Police Commission works to complete the objectives in its Work Plan, it benefits from the support of City staff within the City Administrator’s Office and City Attorney’s Office as well as the leadership from the Santa Barbara Police Department and Fire Department.
Council Agenda Report
Annual Report on Community Oversight of Law Enforcement and Fire and Police Commission Work Plan
March 12, 2024
BUDGET/FINANCIAL INFORMATION:
There are no objectives included in the 2023–2024 Fire and Police Commission Work Plan that require additional financial resources to achieve at this time.
ATTACHMENT: Fire and Police Commission 2023–2024 Work Plan PREPARED BY: Barbara Andersen, Senior Assistant to the City Administrator SUBMITTED BY: City Administrator’s Office
APPROVED BY: Sarah J. Knecht, Interim City Administrator
CITY OF SANTA BARBARA
FIRE AND POLICE COMMISSION
2023 – 2024 WORK PLAN
BACKGROUND
Per the Ordinance assigning new duties and authorities to the Fire and Police Commission, it states [2.09.040 B(9)] that the police monitor role within the City Administrator’s Office will coordinate with the Commission to submit an annual report and work-plan to the City Council no later than March 1 of each year.
PURPOSE
The purpose of the Fire and Police Commission is to act in an advisory capacity to the City Council and to the City Administrator in all matters relating to the efficient and adequate Fire and Police protection for the City of Santa Barbara.
The Commission is dedicated to strengthening the relationship between the community and the Santa Barbara Police Department and Fire Department by providing transparent oversight and increased civilian input regarding departmental policies, practices, and procedures.
2023 – 2024 KEY PLANNING OBJECTIVES
The Fire and Police Commission is a chartered Commission and has long-standing, quasi-judicial duties relating to permitting and operating policies facilitated through the Santa Barbara Police Department. The following planning objectives do not include these regular business items that are addressed during public meetings.
The Fire and Police Commission is proposing to accomplish the following planning objectives in the 2023 and 2024 calendar years:
(1) Ensure completion of the Orientation and Training requirements. The ordinance adopted by Mayor and Council that assigned new duties and authorities to the Fire and Police Commission details a rigorous Orientation and Training program that Commissioners are required to complete within nine months of taking their Oath of Office. This includes:
a. The requirements of the California Public Safety Officers Procedural Bill of Rights Act and the California Firefighters Procedural Bill of Rights Act. b. The requirements of California’s Political Reform Act and California’s Brown Act.
Attachment
Fire and Police Commission 2023 – 2024 Work Plan
Adopted November 16, 2023
c. Training on police oversight and community policing that may include, but not be limited to, Public Records Act, confidentiality requirements, and creation of the police decertification process and expansion of civil liberty exposure.
d. Training to better understand the history of race and policing, the importance of equity, and the cultures that make up the Santa Barbara community.
e. Training on components of the criminal justice system and other relevant subject matters facilitated by the Police Department or through the Citizen Academy including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, due process and procedural rights, use of force and de-escalation practices, and investigation techniques. f. Each Commissioner shall participate in a four-hour minimum day shift and four-hour minimum night shift ride-along with the Police Department and four-hour minimum day shift with the Fire Department at least twice per fouryear Commissioner term. Commissioners can request for accommodations. g. Training on the quasi-judicial duties and obligations of the Commission as well as on governance practices, meeting facilitation, formal meeting protocols and communications, and community outreach practices. (2) Review the Santa Barbara Police Department Complaint Process and Use of Force Investigation Policy and Process and work with City staff to broaden community understanding of the complaint process and access to the complaint form. The understanding of the complaint process and use of force investigation policy and process is fundamental to civilian oversight of the Santa Barbara Police Department. Commissioners will be fully informed about these processes, including the difference between complaints and investigations and how each are managed. Commissioners will also coordinate closely with City staff to facilitate more community education on the complaint process as well as accessibility to the complaint form to help overcome any perceived barriers to filing complaints regarding police misconduct.
(3) Receive the Final Report of the Audit of the Santa Barbara Police Department and monitor the implementation of key recommendations. The City Council approved conducting an Audit of the Santa Barbara Police Department in June 2022 as a key component of creating and implementing a new civilian oversight system for law enforcement. The OIR Group, an independent team of police practice experts, was the firm selected to conduct the Audit due to their more than two decades of experience in oversight. The Scope of Work for the Audit included review of: (1) the Department’s complaint process; (b) the need for Executive Development and Leadership training; (c) employee retention and recruiting; (d) Use of Force training and review; and (e) General policy compliance.
The Audit was completed in March 2023 and includes 31 recommendations for consideration. The Commission will review the completed Audit and receive the Fire and Police Commission 2023 – 2024 Work Plan
Adopted November 16, 2023
status on the implementation of recommendations. The Commission will then be monitoring the recommendations that have yet to be implemented in coordination with the City Administrator’s Office and the Santa Barbara Police Department. (4) Advise the City Administrator’s Office on the updating of the Fire and Police Commission Policies and Procedures to align with its new duties and authorities. Given that the Fire and Police Commission has new duties and authorities relating to civilian oversight of the Santa Barbara Police Department, it is important that the Commission’s policies and procedures are updated to align with these new responsibilities and meet the community expectations for transparency and accountability. This will include a detailed review of current policies and procedures as well as a review of new City Advisory Group guidelines, and any recommended changes.
(5) Review and advise on updates to the Tow Rotation List and Tow Operating Policies. As part of the Fire and Police Commission’s quasi-judicial duties, it oversees the adding and removing of operators from the Tow Rotation List as well as any updating of policies and procedures. City staff is advising the Commission to prioritize review of these policies and procedures over the next year. This will include a detailed review by the Commission along with any recommended changes.
(6) Review the critical incident policy of the Santa Barbara Police Department and advise on opportunities to facilitate community engagement and information sharing in coordination with the Fire and Police Commission.
There is a very strict policy that needs to be adhered to in response to critical incidents as they often involve multiple agencies and extended investigations. It is also understood that there is a need to share information to ensure that City of Santa Barbara residents and visitors feel safe and that we are meeting our commitment for greater transparency and accountability.
The Fire and Police Commission has an important role in building trust with the broader community and ensuring that information is being shared when it is accessible as well as being open about why certain information cannot be shared during an ongoing investigation. The Commission will be briefed on the critical incident policy and will coordinate with the City Administrator’s Office and the Santa Barbara Police Department on opportunities to collaborate on maximizing existing, and creating new, pathways for information sharing with the community. (7) Advise the City Administrator’s Office on a public communications and outreach strategy that increases engagement from community members and organizations in issues under the purview of the Fire and Police Commission. One of the responsibilities of the Fire and Police Commission is to provide a forum to facilitate communication between the community and the Fire and Police Departments, including opportunities for community input and Fire and Police Commission 2023 – 2024 Work Plan
Adopted November 16, 2023
education on departmental policies, procedures, and practices in Santa Barbara.
The Commission will discuss strategies, tools, and tactics to increase community engagement and make recommendations for implementation to the City Administrator’s Office. City staff will also coordinate with the Commission on community engagement strategies as it relates to addressing significant issues and concerns as well as developing forward-thinking approaches and executing strategic planning efforts.