Santa Barbara City Council
August 20, 2024

CITY OF SANTA BARBARA

CITY COUNCIL
Randy Rowse
Mayor
Kelly McAdoo
City Administrator
Mike Jordan
Mayor Pro Tempore
Mike Jordan
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Alejandra Gutierrez
Finance Committee Chair
Eric Friedman
Meagan Harmon
Oscar Gutierrez
Kristen W. Sneddon
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
AUGUST 20, 2024, 2:00 PM
AGENDA
COUNCIL CHAMBERS, CITY HALL, 735 ANACAPA STREET &
320-A WEST ORTEGA STREET, SANTA BARBARA, CA 93101
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_JJS2kazqRyu2i83tshCkPw (Participation via Zoom)
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 894 2384 2846 (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.
(CONTINUED ON NEXT PAGE)
ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:00 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chambers at City Hall.

REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.

CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.

LANGUAGE TRANSLATION AND INTERPRETATION: The City of Santa Barbara offers live Spanish translation and interpretation for City Council Meetings via the Wordly platform. Follow the directions below to access the service. • Go to: https://attend.wordly.ai/join/QQBV-6746
o Ensure the Session ID QQBV-6746 is displayed.
o Select “Spanish” and click on the “Attend” button.
o You can now read the captions on your device and/or listen to the translation of the City Council meeting. o Click the speaker button to hear a text-to-speech version of the translated dialogue. • If you have any questions or concerns, please contact City TV at 805-564-5311.

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. 08/20/2024 Santa Barbara City Council Final Agenda Page 1 AUGUST 20, 2024 AGENDA
FINANCE COMMITTEE MEETING - 12:00 P.M. IN THE DAVID GEBHARD PUBLIC MEETING ROOM, 630 GARDEN STREET (120.03)
Subject: City Council Establishment of Priorities for Expenditure of Revenue Generated by Proposed Ballot Measure on Transaction and Use Tax Increase to Maintain Essential Local Services (120.03)
Recommendation: That Finance Committee recommend that Council 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 Essential Local Services Measure.
08/20/2024 Santa Barbara City Council Final Agenda Page 2 REGULAR CITY COUNCIL MEETING - 2:00 P.M.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL ITEMS

1. Subject: Recognition of Gary Fruin (120.04)

2. Subject: Employee Recognition – Service Award Pins (120.04) Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through August 31, 2024.

CHANGES TO THE AGENDA

CONSENT CALENDAR

3. Subject: Minutes (000.00)
Recommendation: That Council waive reading and approve the minutes for the special meetings of July 23, 2024, July 26, 2024, and July 30, 2024; and the regular meetings of July 23, 2024, and July 30, 2024.

4. Subject: Affordability Covenant Amendment for the Village Apartments Property Located At 518–524 West Canon Perdido 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 Second Amendment to Affordability Control Covenant Imposed on Real Property with The Turner Foundation – Since 1958, for Property Located at 518–524 West Canon Perdido Street, and Authorizing the Community Development Director to Execute Such Amendment.
08/20/2024 Santa Barbara City Council Final Agenda Page 3

5. Subject: Contract for Construction of the Carrillo Gymnasium Minor Renewal Project [Resolution; Agreement] (570.07)
Recommendation: That Council:

A. Award a contract with McGillivray Construction Inc., in the amount of $2,111,802 for construction of the Carrillo Gymnasium Renewal Project, and authorize the Public Works Director to execute the contract and approve expenditures up to $211,180 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 the First Contract Amendment with Architectural Resources Group for construction support services for the Carrillo Gymnasium Renewal Project, Contract No. 26,869, in the amount of $72,433, for a total expenditure authority of $155,213; C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Babara Amending Resolution No. 24-066, Adopting the Budget for Fiscal Year 2025, to Reallocate Funds for the Construction of Carrillo Gymnasium Renewal Project; and
D. Determine that the project is exempt under California Environmental Quality Act Guidelines §15301 (d) Existing Facilities and direct the filing of a Notice of Exemption in compliance with California Environmental Quality Act Guidelines § 15062.

6. Subject: Authorization to Amend the Legal Services Agreement with Richards Watson & Gershon [Resolution; Agreement] (530.01) Recommendation: That Council:

A. Authorize the City Attorney to execute a second amendment to the legal services agreement with Richards Watson & Gershon, a professional corporation, relating to litigation to enforce the City’s waterline easements by increasing the agreement not to exceed amount by $170,000 (from $70,000 to $240,000), to be paid from funds appropriated to the Public Works Water Resources Division; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 24-066, Adopting the Budget for Fiscal Year 2025, to Appropriate Funds for the Small Tunnel Air Binding Project.
08/20/2024 Santa Barbara City Council Final Agenda Page 4

7. Subject: Fiscal Year 2024 Fourth-Quarter Budget Adjustments (230.05) 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 (FY) 2024, to Approve Proposed Fourth-Quarter (Q4) Budget Adjustments to FY2024 Revenue and Expenditure Appropriations.

8. Subject: Approval of Quinn Corporation Inc., for the Maintenance, Repair, Upgrade, Rental, and New Installation of Caterpillar Generator Systems (530.01)
Recommendation: That Council:

A. Find it to be in the City of Santa Barbara’s best interest to approve Quinn Corporation Inc., as the vendor for maintenance, repair, upgrade, rental, and new installation of Caterpillar emergency backup generators and associated systems at the City of Santa Barbara’s Water Resources facilities, without bids, as authorized by Municipal Code Section 4.52.070 (k); and
B. Authorize the Public Works Director to award purchase order contracts to Quinn Corporation Inc., for such services and equipment as needed for the next five-year period, expiring on August 19, 2029.

9. 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 Second 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 $19,289, for a total expenditure authority of $139,409.

10. Subject: Recreation Afterschool Program with Santa Barbara Unified School District [Agreement] (570.06)
Recommendation: That Council authorize the Parks and Recreation Director to enter into an agreement with the Santa Barbara Unified School District for the Recreation Afterschool Program.
08/20/2024 Santa Barbara City Council Final Agenda Page 5

11. Subject: Contracts with Santa Barbara Unified School District for Park Ranger Patrol Services and Junior High Afterschool Sports [Agreement] (570.06)
Recommendation: That Council:

A. Authorize the Parks and Recreation Director to enter into a six-month agreement with Santa Barbara Unified School District (SBUSD) for Park Ranger Patrol Services at SBUSD properties at a cost to SBUSD in the amount of $17,273; and
B. Authorize the Parks and Recreation Director to enter into a one-year agreement with Santa Barbara Unified School District (SBUSD) for the Junior High Afterschool Sports Program at SBUSD properties at a cost to the City in the amount of $32,000.

12. Subject: Authorization to Amend the Legal Services Agreement with Best, Best & Krieger, LLP [Agreement] (560.01)
Recommendation: That Council authorize the City Attorney to execute an amended legal services agreement with Best, Best & Krieger, LLP to increase the not-to-exceed amount from $85,000 to $135,000 for special counsel services related to investigation of groundwater and communication with the Regional Water Quality Control Board regarding the same.

13. Subject: Contract Amendment for Extra Design Services for the Via Lucero Wastewater Forcemain Replacement Project [Agreement] (540.13) Recommendation: That Council authorize the Public Works Director to execute the First Contract Amendment with Dudek, for extra design services for the Via Lucero Wastewater Forcemain Replacement Project, Contract No. 28,493, in the amount of $63,648, for a total contract amount of $319,196, and a total expenditure authority of $344,751.

REPORT FROM THE FINANCE COMMITTEE

GENERAL PUBLIC COMMENT

PULLED CONSENT ITEMS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
08/20/2024 Santa Barbara City Council Final Agenda Page 6

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

CITY ADMINISTRATOR

14. Subject: Response to the Santa Barbara County Grand Jury Report on Homeless Encampments in Santa Barbara County (150.04)
Recommendation: The Council authorize the Mayor to send a letter of response to the Santa Barbara County Grand Jury report titled “Homeless Encampments in Santa Barbara County: Becoming Part of the Community Again.”

POLICE DEPARTMENT

15. Subject: Response to the Santa Barbara County Grand Jury Report on Individuals in Crisis (150.04)
Recommendation: That Council authorize the Mayor to send a letter of response to the Santa Barbara County Grand Jury Report titled “Individuals in Crisis: The Right Care at the Right Time.”

MAYOR AND COUNCIL REPORTS

16. Subject: Request from Mayor Pro Tempore Mike Jordan and Councilmember Eric Friedman to Discuss Redevelopment of the La Cumbre Plaza Macy’s into Residential Housing (170.01)
Recommendation: That Council consider the request from Mayor Pro Tempore Jordan and Councilmember Friedman to discuss redevelopment of the La Cumbre Plaza Macy’s into residential uses and other improvements and to direct staff to initiate negotiations with the project owners regarding a term sheet as a basis for a possible development agreement.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

FINANCE COMMITTEE MEETING

MEETING AGENDA
DATE: August 20, 2024 Alejandra Gutierrez, Chair
TIME: 12:00 PM Eric Friedman
PLACE: David Gebhard Public Meeting Room Meagan Harmon
630 Garden Street
Kelly McAdoo Keith DeMartini
City Administrator Finance Director
Members of the public may participate in person or via Zoom. Zoom instructions are below.  Web: (Participation via Zoom) Register in advance for this webinar:
https://santabarbaraca-gov.zoom.us/webinar/register/WN_gMBgno-oSmGHKLRoNMlCkA Webinar ID: 870 2646 2727
Passcode: 586522
After registering, you will receive a confirmation email containing information about joining the webinar.
 Telephone: Dial 1-669-900-6833, Enter Webinar ID: 870 2646 2727 (press *9 to raise/lower hand; press *6 to mute/unmute) 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.

For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Finance Department by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating the item on which they wish to speak.

ITEM FOR CONSIDERATION:

Subject: City Council Establishment of Priorities for Expenditure of Revenue Generated by Proposed Ballot Measure on Transaction and Use Tax Increase to Maintain Essential Local Services
Recommendation: That Finance Committee recommend that Council 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 Essential Local Services Measure.

File Code No. 120.03

CITY OF SANTA BARBARA

FINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Finance Committee
FROM: Finance Department
SUBJECT: City Council Establishment of Priorities for Expenditure of Revenue Generated by Proposed Ballot Measure on Transaction and Use Tax Increase to Maintain Essential Local Services
RECOMMENDATION:

That Finance Committee recommend that Council 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 Essential Local Services Measure.

DISCUSSION:

On November 5, 2024, Santa Barbara voters will vote on the City of Santa Barbara Essential Local Services Measure of a transaction and use (i.e. sales) tax increase by a half percent. The language of the measure reads as follows:

CITY OF SANTA BARBARA ESSENTIAL LOCAL SERVICES

MEASURE
YES
Shall the measure maintaining 9-1-1
emergency/fire/paramedic/police response, keeping
neighborhood fire stations open; improving housing
affordability; addressing homelessness; keeping public
areas/parks safe, clean; maintaining library services;
stormwater protection; improving natural disaster
preparedness; retaining local businesses/jobs, and for
general government use; by establishing a ½¢ sales tax
providing approximately $15,600,000 annually until
ended by voters; requiring audits, public spending
disclosure, all funds used locally, be adopted?
NO
File Code No. 120.03
Finance Committee Agenda Report
City Council Establishment of Priorities for Expenditure of Revenue Generated by Proposed Ballot Measure on Transaction and Use Tax Increase to Maintain Essential Local Services
August 20, 2024

Since the 2017 voter approval of the Measure C sales tax measure, the Council has adopted two resolutions articulating the priorities of how Measure C funds generated should be expended.

City Council also gave similar direction to staff to prepare a resolution to articulate expenditure priorities when they voted unanimously to refer the Santa Barbara Essential Local Services measure to the November ballot on June 11, 2024.

Based on the Finance Committee, City Council, and public input and feedback received from various public meetings, below is a proposed list of priorities that could be funded though this tax measure:
 Maintaining 911 emergency fire, paramedic, and police response;  Making contributions to the City's Local Housing Trust Fund, improving housing affordability, and addressing homelessness;
 Keeping local fire stations open;
 Maintaining library services;
 Keeping public areas and parks safe and clean;
 Stormwater protection;
 Improving natural disaster preparedness; and
 Retaining local businesses and jobs.

BUDGET/FINANCIAL INFORMATION:

There is no budget or financial impact from adopting a resolution articulating the priorities of how funds generated should be expended. If passed by the voters in November 2024, the tax will take effect in April 2025. The City Council will appropriate the use of tax revenues during the annual budget process.

Additional information about the Santa Barbara Essential Local Services Measure can be accessed at the following website: https://santabarbaraca.gov/Nov2024Ballot ATTACHMENT: Proposed Resolution
PREPARED AND SUBMITTED BY: Keith DeMartini, Finance Director APPROVED BY: Kelly McAdoo, City Administrator
1 RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA ESTABLISHING PRIORITIES FOR

THE EXPENDITURE OF REVENUE FROM THE SANTA

BARBARA ESSENTIAL LOCAL SERVICES MEASURE
WHEREAS, as authorized by Revenue and Taxation Code Section 7285.9, on June 11, 2024, the City Council adopted Resolution 24-074 approving and calling for the submission of a proposition measure at the General Municipal Election for the enactment of a City ordinance imposing a half percent transaction and use tax; and WHEREAS, as directed by Resolution 24-074, the Santa Barbara Essential Local Services Measure (“Measure”) was placed on the November 5, 2024, ballot; and WHEREAS, the revenue from the tax Measure may be used for any lawful purpose of the City, as authorized by ordinance, resolution, or action of the City Council or by ordinance adopted by the electorate of the City but may not be directed into a special fund or for a special purpose; and
WHEREAS, the Ordinance enacting the Measure provides as follows:

The City's revenues are insufficient to fully provide general municipal services and facilities to fully provide general municipal services and facilities, including maintaining 9- 1-1 emergency fire, paramedic, and police response, keeping neighborhood fire stations open, improving housing affordability, addressing homelessness, keeping public area and parks safe and clean, maintaining library services, stormwater protection, improving natural disaster preparedness, retaining local businesses and jobs, and other general governmental uses at the level that is necessary or desirable at the level that is necessary or desirable.

The funding made available by this Chapter, together with other available revenues, will generate approximately $15,600,000 to enable the City to maintain its essential general municipal services and facilities and to make payments to its local housing trust fund.

WHEREAS, to ensure that the funds are used for general fund purposes contemplated in the Measure, the Council hereby establishes the priorities listed below for the allocation and expenditure of funds generated by the Measure.

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

1. That Council hereby determines that funds generated from the Measure shall be generally allocated according to the following priorities:
2  Maintaining 911 emergency fire, paramedic, and police response;  Making contributions to the City’s Local Housing Trust Fund, improving housing affordability, and addressing homelessness;
 Keeping local fire stations open;
 Maintaining library services;
 Keeping public areas and parks safe and clean;
 Stormwater protection;
 Improving natural disaster preparedness; and
 Retaining local businesses and jobs.

2. Funding shall be appropriated to specific projects with the City’s annual operating and capital budget.

Agenda Item No. 1
File Code No. 120.04

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Employee Recognition – Service Award Pins
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 August 31, 2024.

DISCUSSION:

The City appreciates the loyalty to the community and the dedication to public service that are demonstrated by City employees throughout the organization every day. Since 1980, the City Employees’ Recognition Program has recognized length of City Service. Service award pins are presented to employees for every five years of service. Those employees achieving 25 years of service or more are eligible to receive their pins in front of the City Council.

Attached is a list of those employees who will be awarded pins for their service through August 31, 2024.

ATTACHMENT: August 2024 Service Awards
PREPARED BY: Talhia Dorado, Administrative Specialist
SUBMITTED BY: Kelly McAdoo, City Administrator
APPROVED BY: City Administrator's Office
Agenda Item No. 2
File Code No. 120.04

ATTACHMENT
August 2024 SERVICE AWARDS
August 20, 2024 Council Meeting
5 Years
Nicole Folman, IT Applications Analyst, Information Technology Department Jessica Carrillo, Administrative Specialist, Community Development Department Aaron Lynn, Fire Inspector II, Fire Department
Omar Urcino, Grounds Maintenance Worker II, Parks & Recreation Department Natalie Salamack, Property Management Specialist, Airport Department Rene Flores Polanco, Custodian, Airport Department
10 Years
Julie Ruggieri, Risk Analyst I, Finance Department
Samuel Harmon, Fleet Services Superintendent, Public Works Department Spencer Frasher, Grounds Maintenance Worker II, Parks & Recreation Department 20 Years
Daniel Trejo, Warehouse Specialist, Finance Department
Juan Ramirez, Water Distribution Operator Technician II, Public Works Department 25 Years
Brandon Beaudette, Senior Assistant to the City Administrator, City Administrator’s Office Bradley Klein, Senior Maintenance Worker, Public Works Department 30 Years
Leanna Pencek, Senior Legal Administrative Assistant, City Attorney's Office 07/23/2024 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
JULY 23, 2024
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 10:33 a.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez (10:44 a.m.), Meagan Harmon, Kristen W. Sneddon, Mayor Randy Rowse.

Councilmembers absent: Alejandra Gutierrez, Mike Jordan.

Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, Deputy City Clerk Norma Welche.

RECESS
Mayor Rowse recessed to closed session at 10:34 a.m. and stated that no reportable action is anticipated.

CLOSED SESSION

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

The pending litigation is DX Whag, LLC v. City of Santa Barbara, et al. SBSC Case No. 23CV04287.

Agenda Item No. 3
File Code No. 000.00
07/23/2024 Santa Barbara City Council Minutes Page 2 of 2 Scheduling: Duration 30 mins; anytime
Report: None anticipated
Document:
- July 23, 2024, report from the City Attorney.

Time:
- 10:34 a.m. – 10:48 a.m.

No report made.

PUBLIC COMMENT ON ITEMS LISTED ON THE AGENDA

ADJOURNMENT
Mayor Rowse adjourned the meeting at 10:48 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on August 20, 2024.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
07/26/2024 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL JOINT CITY COUNCIL/PLANNING COMMISSION MEETING
JULY 26, 2024
DAVID GEBHARD PUBLIC MEETING ROOM, 630 GARDEN STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 9:01 a.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (9:25 a.m.), Oscar Gutierrez (9:07 a.m.), Meagan Harmon (9:05 a.m.), Mike Jordan (9:05 a.m.), Kristen W.

Sneddon, Mayor Randy Rowse.

Councilmembers absent: None.

Planning Commissioners present: Vice Chair Devon Wardlow, Brian Barnwell, Lucille Boss, Donald DeLuccio, Sheila Lodge, Lesley Wiscomb.

Planning Commissioners absent: Chair John M. Baucke.

Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, Planning Commission Secretary Mariah Johnson.

WORK SESSION

1. Subject: Joint City Council and Planning Commission Work Session:

Direction on Housing Element Program Implementation (650.06) Recommendation: That City Council and Planning Commission provide direction to staff on adaptive reuse and hotel use zoning amendments to implement Housing Element Programs (HE-1 and HE-20).

Documents:
- July 26, 2024, report from the Community Development Director. - PowerPoint presentation prepared and made by staff.
07/26/2024 Santa Barbara City Council Minutes Page 2 of 2 Speakers:
- Staff: Community Development Director Elias Isaacson; Project Planner Dana Falk; Principal Planner Daniel Gullet; City Planner Allison DeBusk.

Discussion:
- Staff presented to City Council and Planning Commission direction for Adaptive Reuse and Hotel Use Zoning Ordinances (HE-1 & HE-20).

Staff then presented overviews of a few of these directions, including an expected projection of the Housing Element from 2023-2031, an overview of Adaptive Reuse (Program HE-1), an overview of Hotel Zones (Program HE-20), and next steps for City Council and Planning Commission moving forward regarding the Housing Element. - Councilmembers’ and Planning Commissioners’ questions were answered.

PUBLIC COMMENT ON ITEMS LISTED ON THE AGENDA
Members of the Public: Rhonda Dell; Dale Aazam; Dianne Black; Brian Cearnal; Ben Romo; Trey Pinner.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:33 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on August 20, 2024.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
07/30/2024 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
JULY 30, 2024
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 1:00 p.m.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez (1:04 p.m.), Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.

Councilmembers absent: None.

Staff present: Assistant City Administrator Rene Eyerly, City Attorney Sarah J. Knecht, City Clerk Services Manager Sarah Gorman.

RECESS
Mayor Rowse recessed to closed session at 1:02 p.m. and stated that no reportable action is anticipated.

CLOSED SESSIONS

1. Subject: Conference with City Attorney--Anticipated Litigation -- Gov. Code § 54956.9(d)(2) and (e)(3) (160.03)
Recommendation: That Council hold a closed session to consider significant exposure to litigation (one potential case) pursuant to Government Code Sections 54956.9(d)(2) & (e)(3) and take appropriate action as needed. 07/30/2024 Santa Barbara City Council Minutes Page 2 of 3

1. Subject: Conference with City Attorney--Anticipated Litigation -- Gov. Code § 54956.9(d)(2) and (e)(3) (160.03) (CONT’D)
The significant exposure to litigation arises from a draft complaint for reformation of deed proposed to be filed by the Santa Barbara Cemetery Association relating to a small parcel of City-owned property located on Channel Drive approximately 200 feet east of the intersection of Channel Drive and Cabrillo Boulevard in the City of Santa Barbara. A copy of the draft complaint is on file and available for public inspection in the Office of the City Clerk.

Scheduling: Duration: 30 minutes; anytime
Report: None anticipated
Document:
- July 30, 2024, report from the City Attorney.

Time:
- 1:03 p.m. – 1:22 p.m.

Report:
- 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 James Knapp v. City of Santa Barbara, et al. SBSC Case No. 24CV03988.

Scheduling: Duration 30 mins; anytime
Report: None anticipated
Document:
- July 30, 2024, report from the City Attorney.

Time:
- 1:22 p.m. – 1:46 p.m.

Report:
- No report made.
07/30/2024 Santa Barbara City Council Minutes Page 3 of 3

PUBLIC COMMENT ON ITEMS LISTED ON THE AGENDA
No one wished to speak.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 1:46 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on August 20, 2024.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
07/23/2024 Santa Barbara City Council Minutes Page 1 of 7

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
JULY 23, 2024
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 on this day.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon (2:03 p.m.), Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse.

Councilmembers absent: None.

Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. 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 Friedman/O. Gutierrez to approve the consent calendar as recommended.

Vote:

Unanimous roll call vote.
07/23/2024 Santa Barbara City Council Minutes Page 2 of 7

1. Subject: Minutes (000.00)
Recommendation: That Council waive reading and approve the minutes for the special meeting of June 25, 2024; and for the regular meetings of June 25, 2024, and July 2, 2024.

Action: Approved the recommendation.

2. Subject: Amendment to the Clean Water State Revolving Fund Installment Sale Agreement for the Braemar Wastewater Lift Station Rehabilitation Project [Ordinance Adoption] (540.13)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving an Amendment to the Installment Sale Agreement with the State Water Resources Control Board for the Braemar Wastewater Lift Station Rehabilitation Project (Project No. 8602-110) Action: Approved the recommendation; Ordinance No. 6157.

3. Subject: Lease Amendment with Santa Barbara Harbor Restaurant Inc. DBA The Harbor Restaurant, Located at 210 Stearns Wharf [Ordinance Introduction; Agreement] (570.03)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Waterfront Director to Execute the Amendment to Lease Agreement No. 20,493 with Santa Barbara Harbor Restaurant Inc, Deferring Six Months Base Rent with Lease Terms Ending December 31, 2028, Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation (July 23, 2024, report from the Waterfront Director; proposed Ordinance).

4. Subject: Proposed Assignment of Lease Agreement No. 25,399 – Breakwater Restaurant, Located at 107 Harbor Way [Ordinance Introduction; Agreement] (330.04)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute the Assignment of Lease Agreement No. 25,399 from Stephen and Sharon DeDecker, Doing Business as Breakwater Restaurant, to Breakwater LLC, Located at 107 Harbor Way, Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation (July 23, 2024, report from the Waterfront Director; proposed Ordinance).
07/23/2024 Santa Barbara City Council Minutes Page 3 of 7

5. Subject: Amendment to Position Salary Control Resolution 24-071 with Updates to Classification and Compensation for Certain Positions [Resolution] (410.06)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution 24-071, the Position Salary Control Resolution for Fiscal Year 2025, to Amend the Established Salary for Positions as Listed.

Action: Approved the recommendation; Resolution No. 24-084 (July 23, 2024, report from the Human Resources Director; proposed Resolution).

6. Subject: Authorization for Waterfront Department Submittal of Fiscal Year 2025 California Department of Resources and Recovery (CalRecycle) Used Oil Payment Program (OPP) Application and Acceptance of Grant Funding [Resolution] (570.03)
Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Submit an Application to the California Department of Resources Recycling and Recovery (CalRecycle) for the Fiscal Year 2025 Used Oil Payment Program (OPP), in the Amount of $27,000; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 24-066, Adopting the Budget for Fiscal Year 2025, to Appropriate $27,000 in the Waterfront Operating Fund for the OPP.

Action: Approved the recommendations; Resolution Nos. 24-085 and 24,086 (July 23, 2024, report from the Waterfront Director; proposed Resolutions).

7. Subject: Increase in Professional Services Contract for Poly- and PerFluoroalkyl Substance Investigation Efforts with GSI Environmental, Inc. at the Santa Barbara Airport [Agreement] (560.04)
Recommendation: That Council authorize the Airport Director to execute a third amendment to the existing Professional Services Agreement with GSI Environmental, Inc., to increase the contract amount by $209,000 for site investigation work necessary to implement the Poly- and Per-Fluororalkyl Substance Supplemental Work Plan approved by the Regional Water Quality Control Board.

Action: Approved the recommendation; Agreement No. 26,992.3 (July 23, 2024, report from the Airport Director).
07/23/2024 Santa Barbara City Council Minutes Page 4 of 7

8. Subject: License Agreement with the Santa Barbara Swim Club [Agreement] (570.07)
Recommendation: That Council authorizes the Parks and Recreation Director to execute an eleven-month license agreement with the Santa Barbara Swim Club for the use of Los Baños del Mar Swimming Pool.

Action: Approved the recommendation; Agreement No. 28,545 (July 23, 2024, report from the Parks and Recreation Director).

9. Subject: License Agreement with Santa Barbara Masters Swimming [Agreement] (570.07)
Recommendation: That Council authorize the Parks and Recreation Director to execute an eleven-month license agreement with the Santa Barbara Masters Swimming for the use of Los Baños del Mar Swimming Pool.

Action: Approved the recommendation; Agreement No. 28,546 (July 23, 2024, report from the Parks and Recreation Director).

REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair A. Gutierrez reported that the Committee discussed initiation of Economic Development Program and approved the staff recommendation to forward to full Council for discussion.

GENERAL PUBLIC COMMENT
Members of the Public: Marilynn Brewer; Jeff Shaffer; Kayla Petersen; Byronie Thomas.

PULLED CONSENT ITEMS
None.

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember O. Gutierrez attended the following meeting or event: 1. Housing Crisis Ad Hoc Committee meeting.
- Councilmember Sneddon attended the following meeting or event: 1. HLC meeting; 2.

COMB meeting; 3. State Street Advisory Committee.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
07/23/2024 Santa Barbara City Council Minutes Page 5 of 7

CITY ADMINISTRATOR

10. Subject: Santa Barbara County Master Plan for Aging (170.01) Recommendation: That Council receive an informational presentation from the Adult and Aging Network on the Santa Barbara County Master Plan for Aging.

Documents:
- July 23, 2024, report from the City Administrator.
- PowerPoint presentation prepared and made by the Independent Living Center.

Speakers:
- Staff: Senior Assistant to the City Administrator Barbara Andersen. - Independent Living Center: Margaret Weiss.
- Members of the Public: None.

Discussion:
- Councilmembers’ questions were answered.

COMMUNITY DEVELOPMENT DEPARTMENT

11. Subject: Establishment of an Access to Counsel Pilot Program with Legal Aid Foundation of Santa Barbara County [Resolution; Agreement] (610.04) Recommendation: That Council:

A. Approve the establishment of a new Access to Counsel Pilot Program by providing up to $250,000 in funding to the Legal Aid Foundation of Santa Barbara County to operate the program, and authorize the Community Development Director to execute such agreements and related documents as necessary to establish the Pilot Program; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 24-066, Adopting the Budget for Fiscal Year 2025, to Approve an Increase in Fiscal Year 2025 Expenditure Appropriations in the General Fund in the Community Development Department in the Amount of $250,000 to Establish an Access to Counsel Pilot Program with the Legal Aid Foundation of Santa Barbara County, Funded by General Fund Reserves Restricted to an Access to Counsel Program.

The title of the Resolution was read.
07/23/2024 Santa Barbara City Council Minutes Page 6 of 7 Documents:
- July 23, 2024, report from the Community Development Director. - PowerPoint presentation prepared and made by staff.
- Proposed Resolution.

Speakers:
- Staff: Housing and Human Services Manager Laura Dubbels. - Legal Aid Foundation of Santa Barbara County: Jennifer Smith. - Members of the Public: Frank Rodriguez; Dora Perez; Stanley Tzankov; Rob Fredericks; John Pollock.

Motion:

Councilmembers A. Gutierrez/Sneddon to approve the staff recommendations with condition that report back with records of how funds were used (Resolution No. 24-087; Agreement No. 28,547).

Vote:

Unanimous roll call vote.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS
- Councilmember O. Gutierrez attended the following meeting or event: 1. Fourth of July celebration; 2. Ribbon cuttings with Chamber of Commerce; 3. State of Black California event at City College; 4. Mission Car Show; 5. Historical Museum Fiesta event; 6.

NAACP meeting; 7. Dolphin Derby Rotary event; 8. Celebration of Life for deceased homeless residents; 9. Meeting with City Administrator and Westside residents; 10.

Event at Ortega Park; 11. Neighborhood walk in historic district explaining Fiesta history;

12. Eastside Boys and Girls Club barbeque.
- Councilmember Sneddon attended the following meeting or event: 1. Pearl Chase annual meeting; 2. Rotary Club event; 3. Santa Barbara Historical Museum Fiesta event.
- Mayor Rowse attended the following meeting or event: 1. Welcome the Fish for Life group from Dana Point.

PUBLIC COMMENT (IF NECESSARY)
No one wished to speak.
07/23/2024 Santa Barbara City Council Minutes Page 7 of 7

ADJOURNMENT
Mayor Rowse adjourned the meeting at 4:18 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on August 20, 2024.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
07/30/2024 Santa Barbara City Council Minutes Page 1 of 4

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
JULY 30, 2024
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:03 p.m. (The Finance Committee and Ordinance Committee, which ordinarily meet at 12:00 p.m., did not meet on this day.)

PLEDGE OF ALLEGIANCE
Mayor Rowse.

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

Councilmembers absent: None.

Staff present: Assistant City Administrator Rene Eyerly, City Attorney Sarah J. Knecht, City Clerk Services Manager Sarah Gorman.

CEREMONIAL ITEMS

1. Subject: Old Spanish Days Week July 31-August 4, 2024 (120.04) Action: Mayor Rowse presented the proclamation to Old Spanish Days.

Speakers:
- Member of the Public: Brian Schwabecher.

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

CONSENT CALENDAR (Item nos. 2 – 7)
The titles of the Ordinances and Resolutions were read. 07/30/2024 Santa Barbara City Council Minutes Page 2 of 4 Motion:

Councilmembers Friedman/O. Gutierrez to approve the consent calendar as recommended.

Vote:

Unanimous roll call vote.

2. Subject: Proposed Assignment of Lease Agreement No. 25,399 – Breakwater Restaurant, Located at 107 Harbor Way [Ordinance Adoption; Agreement] (570.03)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute the Assignment of Lease Agreement No. 25,399 from Stephen and Sharon DeDecker, Doing Business as Breakwater Restaurant, to Breakwater LLC, Located at 107 Harbor Way, Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation; Ordinance No. 6158; Agreement No. 25,399.

3. Subject: Lease Amendment with Santa Barbara Harbor Restaurant Inc. DBA The Harbor Restaurant, Located at 210 Stearns Wharf [Ordinance Adoption; Agreement] (570.03)
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. 20,493 with Santa Barbara Harbor Restaurant Inc, Deferring Six Months Base Rent with Lease Terms Ending December 31, 2028, Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation; Ordinance No. 6159; Agreement No. 20,493.1.

4. Subject: Freeway Maintenance Agreement with Caltrans and Memorandum of Understanding with Santa Barbara County Association of Governments [Resolution; Agreement] (530.04)
Recommendation: That Council:

A. Authorize the Public Works Director to execute a Freeway Maintenance Agreement between the City of Santa Barbara and the State of California Department of Transportation covering Hot Springs Road to Olive Mill Road; 07/30/2024 Santa Barbara City Council Minutes Page 3 of 4 B. Authorize the City Administrator to enter into a Memorandum of Understanding with Santa Barbara County Association of Governments and accept $750,000 of funding for ongoing maintenance of the Olive Mill Roundabout; and
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 24-066, Adopting the Budget for Fiscal Year 2025, to Increase Revenue Appropriations in the Streets Operating Fund from a Santa Barbara County Association of Governments Contribution for Future Maintenance of the Olive Mill Roundabout Project.

Action: Approved the recommendations; Resolution No. 24-088; Agreement Nos. 28,548 and 28,552 (July 30, 2024, report from the Public Works Director; proposed Resolution).

5. Subject: June 30, 2024, Investment Report and June 30, 2024, Fiscal Agent Report (260.02)
Recommendation: That Council:

A. Accept the June 30, 2024, Investment Report; and
B. Accept the June 30, 2024, Fiscal Agent Report.

Action: Approved the recommendations (July 30, 2024, report from the Finance Director).

6. Subject: Contract for Environmental Compliance at the Closed Las Positas Landfill [Agreement] (630.02)
Recommendation: That Council authorize the Sustainability and Resilience Director to execute a one-year Professional Services Agreement with Rincon Consultants, Inc. for Environmental Compliance Management, including the Monitoring and Reporting Program, at the closed Las Positas Landfill at Elings Park.

Action: Approved the recommendation; Agreement No. 28,553 (July 30, 2024, report from the Sustainability and Resilience Director).

7. Subject: Fourth Amendment to Contract with Mead & Hunt for the Airport Master Plan Update [Agreement] (560.09)
Recommendation: That Council authorize the Airport Director to execute a fourth amendment to the Professional Service Agreement with Mead & Hunt, Inc to extend the Airport Master Plan Update contract termination date from July 31, 2024, to July 1, 2025.
07/30/2024 Santa Barbara City Council Minutes Page 4 of 4 Action: Approved the recommendation; Agreement No. 28,162.4 (July 30, 2024, report from the Airport Director).

GENERAL PUBLIC COMMENT
Members of the Public: Linda Mathews; SB Toba Sister City Student Ambassadors.

PULLED CONSENT ITEMS
None.

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember Friedman attended the following meetings or events: 1. Parma Park Ribbon Cutting; 2. El Presidente Dinner for Fiesta kickoff; 3. CCWA monthly meeting. - Councilmember O. Gutierrez attended the following meetings or events: 1. Noted the 100th anniversary of City Hall’s current construction.
- Councilmember Sneddon attended the following meetings or events: 1. Joint Cities/County affordable housing task group; 2. Parma Park Ribbon-Cutting; 3. Suicide by Firearm prevention program ribbon cutting; 4. Recepción de el Presidente; 5.

Housing crisis ad hoc meetings; 6. Dem Women event; 8. CCRB meeting. - Mayor Rowse attended the following meetings or events: 1. SCE Community Forum; 2.

Los Niños de las Flores event.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER ENGAGEMENTS

PUBLIC COMMENT (IF NECESSARY)
No one wished to speak.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 2:22 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on August 20, 2024.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: Housing and Human Services Division, Community Development Department
SUBJECT: Affordability Covenant Amendment for the Village Apartments Property Located At 518–524 West Canon Perdido Street
[Ordinance Introduction]
RECOMMENDATION:

That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Second Amendment to Affordability Control Covenant Imposed on Real Property with The Turner Foundation – Since 1958, for Property Located at 518–524 West Canon Perdido Street, and Authorizing the Community Development Director to Execute Such Amendment.

DISCUSSION:

Background
The Turner Foundation – Since 1958 (owner) owns property located at 518–524 West Canon Perdido (also known as the Village Apartments), which has been improved with seventy (70) rental units. In January of 2015, City Council approved a loan in the amount of $275,000 from the City’s Community Development Block Grant fund to rehabilitate seven of the units (city-assisted units).

As a condition of City funding, the city-assisted units were placed under a 90-year City Affordability Control Covenant Imposed on Real Property (original covenant) to restrict the tenancies to Low-Income households1.

In August of 2021, a subsequent First Amendment to Affordability Control Covenant Imposed on Real Property (covenant) was recorded on the property to correct a clerical error regarding the rental unit numbers.

1 Total income of the individuals living in the dwelling unit does not exceed the upper limit of the LowIncome category of 80 percent of the Area Median Income (AMI) as determined and published by the U.S. Department of Housing and Urban Development (HUD) and amended from time to time.

Agenda Item No. 4
File Code No. 640.08
Council Agenda Report
Affordability Covenant Amendment for the Village Apartments Property Located At 518– 524 West Canon Perdido Street [Ordinance Introduction]
August 20, 2024

Request
The owner wants to obtain resources to pay for property renovations and is proposing to enter into a joint venture with an impact fund investor, Msquared; however, the owner states that they are unable to partner with the investor because of the condition limiting the property to being sold to a not-for-profit organization.

Only seven of the 70 total units in the property are city-assisted units, and those seven units will continue to be rented to Low-Income households for the duration of the term of the covenant, regardless of the corporate status of the entity owning the property. For this reason, staff recommends approval of the owner’s request.

Proposed Covenant Modifications
The first paragraphs of Section C. Affordability Restrictions and Section I.8. of Additional Provisions of the Covenant contain the not-for-profit organization ownership requirement, and each section reads as follows:

C. AFFORDABILITY RESTRICTIONS
For a period of ninety (90) years, the Property shall be owned by Owner, or by a not-for-profit organization organized under section 501(c)(3) of the Internal Revenue Code which has the provision of housing for low-income persons as a corporate purpose in a manner consistent with the State Housing Authorities Law (Health and Safety Code Sections 34200-34402). During the ninety (90)-year period of affordability restriction, the City-Assisted Units shall be rented to qualifying tenants which conform with the provisions listed below:

1. The City-Assisted units shall be rented to and occupied only by Low-Income Households, at a monthly rent which shall not exceed one-twelfth (1/12) of thirty percent (30%) of the Area Median Income, multiplied by the appropriate Unit Size Adjustment Factor and multiplied by a Target Income Percentage of sixty percent (60%).

2. If the tenant pays for any utilities, the maximum rent shall be reduced by the amount of the "utility allowance" for those utilities as established and periodically revised by the Housing Authority of the City of Santa Barbara.

3. The household income of the tenant households shall not exceed eighty percent (80%) of the Area Median Income, adjusted by household size.

Unless prohibited by Federal law, Owner may rent City-Assisted Units under the HUD Section 8 Program or Voucher Program, but in no event shall the tenant Council Agenda Report
Affordability Covenant Amendment for the Village Apartments Property Located At 518– 524 West Canon Perdido Street [Ordinance Introduction]
August 20, 2024

portion of the rent exceed the limit specified in this paragraph, and in no event shall the total rent (tenant portion and subsidy portion together) exceed the FMR.

I. ADDITIONAL PROVISIONS

8. Owner shall not voluntarily convey the Property to any entity other than a notfor-profit corporation, organized under section 501(c)(3) of the Internal Revenue Code, which has as a stated corporate purpose the provision of housing for lowincome persons in a manner consistent with the State Housing Authorities Law (Health and Safety Code Sections 34200-34402).

In order to remove the restriction that only a not-for-profit organization as described above shall own the property, the first paragraph of Section C. Affordability Restrictions above will be deleted in its entirety and replaced with the following, while the rest of Section C will remain intact:

For a period of ninety (90) years beginning on the date of recordation of the Covenant, the seven (7) City-Assisted Units restricted under the Covenant shall be rented to qualifying tenants which conform with the provisions listed below….

Section I.8 of Additional Provisions as stated above will be deleted in its entirety.

BUDGET/FINANCIAL INFORMATION:

Modifying the property covenant will have no financial impact on the City as the City loan has been paid in full, and the seven city-assisted units will remain restricted to LowIncome tenant households in accordance with the covenant.

A copy of the agreement is available for public review; please contact Laura Dubbels at [email protected] to request a copy.

ATTACHMENTS: 1. Request Letter from Dean Wilson, President and CEO of The Turner Foundation–Since 1958

2. Affordability Control Covenant Imposed on Real Property

3. First Amendment to Affordability Control Covenant Imposed on Real Property
PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: Kelly McAdoo, City Administrator
P.O. BOX 186, SANTA BARBARA, CA 93102 OFFICE 805.730.1200 WWW.THETURNERFOUNDATION.COM July 30, 2024
Advance Copy Via Email, Original by US Mail
[email protected]
Laura Dubbels
Housing and Human Services Manager
City of Santa Barbara, Community Development
630 Garden Street
Santa Barbara, CA 93101
Re: The Turner Foundation-Since 1958
Affordability Covenant for The Village Apartments
Dear Ms. Dubbels:

The Turner Foundation-Since 1958 owns and operates two low-income apartment complexes in the City of Santa Barbara: The Village and The Lighthouse. The Village contains 70 units and currently houses approximately 155 residents. The Lighthouse contains 45 units and currently houses approximately 154 residents.

Both complexes provide housing in a family-friendly atmosphere with high quality on-site programs to equip residents with the tools necessary to be positive contributors and leaders within our community. These include, without limitation, a community garden, playgrounds, laundry facilities, and ever evolving, need based programs such as after school tutoring, music and dance lessons, art and cooking classes, finance classes, food bank, and more. However, both complexes are in need of renovations and upgrades, and the programs are in need of additional funding, but The Turner Foundation needs additional resources in order to do so.

In order to obtain more resources to address these needs, The Turner Foundation would like to enter into a joint venture with an impact fund investor, Msquared. The joint venture is planned to be structured to continue to enable The Turner Foundation to provide quality housing and services at both properties, to lead in management of the property, and to continue to qualify the property for the welfare exemption. Bringing in this investor would also allow for significant funds to be used to upgrade the apartment units at the Foundation’s two properties. For example, there currently are 6 vacant units that The Turner Foundation would like to refurbish before moving in new tenants (tenants tend to stay for many years so refurbishing units between tenants is important). It is anticipated that these units could be refurbished and rented within one month of entering into the joint venture, resulting in quality housing and services for additional ATTACHMENT 1
P.O. BOX 186, SANTA BARBARA, CA 93102 OFFICE 805.730.1200 WWW.THETURNERFOUNDATION.COM members of our community that otherwise would not have these opportunities so time is of the essence.

Both properties are subject to 90-year affordability covenants entered into with the City requiring that 7 units at each property be rented to qualified low-income members of our community. The covenants are recorded against the properties and are binding on The Turner Foundation and any future owner of the properties. To be clear, the proposed joint venture and any other future owner of The Village or The Lighthouse will continue to be legally required to rent all units to qualified low-income tenants and will be subject to all terms and conditions of the Covenant.

Unfortunately The Village affordability covenant also contains a non-profit owner restriction (copy attached, see the 1st sentence of Section C and Section I.8), which prevents The Turner Foundation from entering into the proposed joint venture. In 2022, the City Council removed the non-profit owner restriction from the covenant for The Lighthouse after the request of The Turner Foundation, which was pursuing a potential sale of The Lighthouse to free up resources to expand its programs. The Turner Foundation respectfully requests that the City Council likewise remove the non-profit owner restriction from the covenant for The Village. Doing so will allow The Turner Foundation to enter into the proposed joint venture with MSquared (or if for some reason that does not come to fruition to have the flexibility to partner with or sell to any buyer, not just a non-profit buyer, which will maximize the funds available for The Turner Foundation to reinvest in our community). Removing the non-profit owner restriction will not impact the affordability of the units. Again, any joint venture or other buyer will be subject to all terms and conditions of the covenant and must rent all of the units to qualified low-income tenants. The Village will continue to be part of the affordable housing stock in the City.

It is our understanding that amending the Covenant to remove the ownership restriction is a policy decision for the City Council and that this matter has been placed on the Agenda for the August 20, 2024 Council meeting. If you need any additional information before that time, please let us know.

We appreciate your consideration and look forward to moving forward with the joint venture so we can upgrade the properties and continue to provide high quality programs and services to members of our community.

Thank you,
Dean Wilson, President & CEO
The Turner Foundation-Since 1958
cc: Lindsay G. Shinn, Mullen & Henzell L.L.P.
4860-6986-0562, v. 1
ATTACHMENT 2

ATTACHMENT 3

ORDINANCE NO.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA

BARBARA APPROVING A SECOND AMENDMENT TO

AFFORDABILITY CONTROL COVENANT IMPOSED ON REAL
PROPERTY WITH THE TURNER FOUNDATION - SINCE 1958,
FOR PROPERTY LOCATED AT 518-524 WEST CANON

PERDIDO STREET, AND AUTHORIZING THE COMMUNITY

DEVELOPMENT DIRECTOR TO EXECUTE SUCH AMENDMENT
WHEREAS, THE TURNER FOUNDATION – SINCE 1958, a California non-profit public benefit corporation (“Owner”) owns real property commonly known as The Village Apartments, located at 518–524 West Canon Perdido Street in the City of Santa Barbara ("Property); and
WHEREAS, Owner has requested that the restriction of the sale of the property to only a not-for-profit organization be removed from the City Affordability Control Covenant Imposed on Real Property (City Covenant) that was recorded in the office of the County Recorder on June 22, 2015 (Covenant Date), as Instrument No. 2015-0032324 of official records; and
WHEREAS, a First Amendment to the City Covenant was recorded in the office of the County Recorder on August 26, 2021, as Instrument No. 2021-0061364 of official records (First Amended Covenant) to correct a clerical error by restating the unit numbers; and
WHEREAS, on August 20, 2024, the City Council, introduced and subsequently adopted by reading of title only an ordinance approving a Second Amendment to Affordability Control Covenant Imposed on Real Property (Second Amended Covenant), which will remain on the property for a period of 90 years from the Covenant Date.

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 Amended Covenant is hereby approved and authorizing subsequent minor amendments to the agreements that do not extend their terms.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: Public Works Department
SUBJECT: Contract for Construction of the Carrillo Gymnasium Minor Renewal Project [Resolution; Agreement]
RECOMMENDATION: That Council:

A. Award a contract with McGillivray Construction Inc., in the amount of $2,111,802 for construction of the Carrillo Gymnasium Renewal Project, and authorize the Public Works Director to execute the contract and approve expenditures up to $211,180 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 the First Contract Amendment with Architectural Resources Group for construction support services for the Carrillo Gymnasium Renewal Project, Contract No. 26,869, in the amount of $72,433, for a total expenditure authority of $155,213;
C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Babara Amending Resolution No. 24-066, Adopting the Budget for Fiscal Year 2025, to Reallocate Funds for the Construction of Carrillo Gymnasium Renewal Project; and
D. Determine that the project is exempt under California Environmental Quality Act Guidelines §15301 (d) Existing Facilities and direct the filing of a Notice of Exemption in compliance with California Environmental Quality Act Guidelines § 15062.

DISCUSSION:

Project Description
The Carrillo Gymnasium, located at 114 East Carrillo Street, was designed by architect Julia Morgan in 1926 and is a designated City Landmark. Adjacent to the Carrillo Recreation Center, the Carrillo Gymnasium has been a key recreation facility in the heart of Santa Barbara’s downtown area. The purpose of the Carrillo Gymnasium Minor Agenda Item No. 5
File Code No. 570.07
Council Agenda Report
Contract for Construction of the Carrillo Gymnasium Minor Renewal Project [Resolution; Agreement]
August 20, 2024

Renewal Project (Project) is to restore and repair the building’s exterior to revitalize its historic significance and original design intent. The restoration includes waterproofing the building’s exterior, repairing the exterior stucco and decorative columns, replacing damaged windows, painting the exterior and a portion of the interior as required, and finalizing the seismic evaluation report. The building has water intrusion in the ceilings and/or walls on all levels that need to be addressed. This Project will preserve the building to allow continued use by the community while preparing the facility for any future interior renovations.

Contract Proposals
A total of two proposals were received for the subject work, ranging as follows:

CONTRACTOR PROPOSAL AMOUNT BEST VALUE SCORE
Total Bid / (Average QP)

1. McGillivray
Construction, Inc.

Ventura, CA
$2,111,802 2,474

2. Plant Construction
Company, L.P.

San Francisco, CA
$2,391,972 2,812
The proposals were evaluated by a panel of five staff based on objective criteria included in the request for proposals. Both contractors were highly qualified, scoring within one percent of each other, with McGillivray Construction, Inc. (McGillivray) scoring slightly higher. The basis of award recommendation is the proposal amount divided by the qualification score, with the lowest result providing the best value proposal. In this case, McGillivray scored the highest based on qualifications and submitted the lowest cost proposal. Therefore, staff recommend award of the contract to McGillivray.

The proposal amount of $2,111,802, submitted by McGillivray Construction, Inc. is responsive to and meets the requirements of the proposal requirements while providing the best value to the City.

The change order funding recommendation of $211,180 is typical for this type of work and size of project.

In addition to the construction contract, professional service agreements are needed during construction. Architectural Resources Group will provide construction management services through Amendment No. 1 of a professional services agreement. A professional services agreement with Pacific Materials Laboratory, Inc. will provide material data collection for seismic review and quality control for material implementation inspection.

Council Agenda Report
Contract for Construction of the Carrillo Gymnasium Minor Renewal Project [Resolution; Agreement]
August 20, 2024

BUDGET/FINANCIAL INFORMATION:

This Project is funded by the Measure C Capital Improvement Fund and there are sufficient appropriations to cover the cost of this Project.

The following summarizes all Project design costs, construction contract funding, and other Project costs:

ESTIMATED TOTAL PROJECT COST
Design and Preconstruction Cost to date $107,476
Design and Preconstruction Subtotal $107,476
Construction Contract $2,111,802
Construction Change Order Allowance $211,180
Construction Subtotal $2,322,982
Special Inspection (Pacific Materials Laboratories, Inc.) $5,980 Material Testing (Pacific Materials Laboratories, Inc.) $9,840 Other Construction Administration (i.e. abatement compliance) $20,000 City Project Manager $157,040
City Supervising Engineer $9,776
Construction Administration First Amendment (Architectural Resources Group)
$72,433
Construction Administration Change Order Allowance $7,243 Construction Administration Subtotal $282,312
TOTAL PROJECT COST $2,712,770
There are sufficient appropriated funds in the Measure C Capital Fund to cover the cost of the McGillivray contract, staff time, and other supporting contracts. Staff are recommending a transfer of all existing Measure C appropriations from the Carrillo Gymnasium Renovation Project to the Carrillo Gymnasium Minor Renewal Project to manage construction funding in one account.

SUSTAINABILITY IMPACT:

Properly maintaining and rehabilitating existing structures, as opposed to demolition and redevelopment, reduces emissions and natural resource consumption, and the upgraded building envelope will improve building energy performance.

Council Agenda Report
Contract for Construction of the Carrillo Gymnasium Minor Renewal Project [Resolution; Agreement]
August 20, 2024

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

ENVIRONMENTAL REVIEW:

Under Santa Barbara Municipal Code (SBMC) § 22.100.070 and § 22.100.080, the Public Works Director has determined that the Project is exempt under California Environmental Quality Act (CEQA) Guidelines § 15301 Existing Facilities.

CEQA Exemption Criteria
California Environmental Quality Act Guidelines § 15301 Existing Facilities (also known as the Class 1 Exemption) covers the operation, repair, maintenance, or minor alteration of existing facilities involving no or negligible expansion of existing use. The City’s Project falls under subdivision (d) of § 15301 because the repair and maintenance of the Carrillo Gymnasium to meet current standards of public health and safety by performing restoration and rehabilitation of damaged or deteriorated facilities or structures will not result in an expansion of the existing use.

For these reasons, the Public Works Director, exercising authority under SBMC §

22.100.080, has determined that the Project is exempt from CEQA. The City Council has final authority to approve the Project. Therefore, the City Council must confirm the exemption before Project approval. The recommended action will make the necessary environmental determination and authorize the filing of a notice of exemption for the Project.

PREPARED BY: Brian D’Amour, P.E., City Engineer/JW/AL/sk SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: Kelly McAdoo, City Administrator
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 24-066,
ADOPTING THE BUDGET FOR FISCAL YEAR 2025, TO

REALLOCATE FUNDS FOR THE CONSTRUCTION OF

CARRILLO GYMNASIUM RENEWAL PROJECT
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2024; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2024;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 24-066, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT in accordance with the provisions of Section 1205 of the City Charter, the budget for the Fiscal Year 2025, as adopted by Resolution No. 24-066, is hereby amended as follows:

SECTION 1. The Council approves the reallocation of available Measure C expenditure appropriations from the Carrillo Gym Minor Renewal Fund in the amount of $708,789 plus encumbrances up to $22,094 to the Carrillo Gym Renovation Project. The reallocation of available funds are needed to complete construction of the Carrillo Gymnasium Renewal Project.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
SUBJECT: Authorization to Amend the Legal Services Agreement with Richards Watson & Gershon [Resolution; Agreement]
RECOMMENDATION: That Council:

A. Authorize the City Attorney to execute a second amendment to the legal services agreement with Richards Watson & Gershon, a professional corporation, relating to litigation to enforce the City’s waterline easements by increasing the agreement not to exceed amount by $170,000 (from $70,000 to $240,000), to be paid from funds appropriated to the Public Works Water Resources Division; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 24-066, Adopting the Budget for Fiscal Year 2025, to Appropriate Funds for the Small Tunnel Air Binding Project.

DISCUSSION:

In September 2022, the City entered into an agreement with Richards Watson & Gershon for legal advice and representation with respect to litigation to enforce the City’s waterline easements. Expenditures on the contract are anticipated to exceed the current contract amount of $70,000 due to the protracted litigation. Increasing the contract amount by an additional $170,000 is necessary due to the litigation costs and to avoid an interruption of service.

BUDGETARY IMPACTS:

The cost for legal support and related costs for this case will be paid by appropriating $170,000 of reserve funds that exist in the Water Capital Fund in Fiscal Year 2025.

PREPARED BY: John Doimas, Assistant City Attorney
SUBMITTED BY: Sarah J. Knecht, City Attorney
APPROVED BY: Kelly McAdoo, City Administrator
Agenda Item No. 6
File Code No. 530.01
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 24-066,
ADOPTING THE BUDGET FOR FISCAL YEAR 2025, TO

APPROPRIATE FUNDS FOR THE SMALL TUNNEL AIR

BINDING PROJECT
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2024; and WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2024; and
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 24-066, this Resolution approves the amendment to the budget as provided herein.

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

In accordance with the provisions of Section 1205 of the City Charter, the budget for the Fiscal Year 2025, as adopted by Resolution No. 24-066, is hereby amended as follows:

The Council approves of appropriating available reserve funds that exist in the Water Capital Fund in the amount of $170,000 in order to fund the outside counsel contract with Richards Watson Gershon regarding litigation involving City easement work on the Small Tunnel Air Binding project.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: Finance Department
SUBJECT: Fiscal Year 2024 Fourth-Quarter Budget Adjustments 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 (FY) 2024, to Approve Proposed Fourth-Quarter (Q4) Budget Adjustments to FY2024 Revenue and Expenditure Appropriations.

DISCUSSION:

Each month, staff presents interim financial statements showing the status of revenues and expenditures in relation to the budget for City Funds. Each quarter, the interim financial statements are expanded to include a detailed narrative analysis of General Fund and Enterprise Funds.

Prior to preparing and finalizing the Q4 report, staff requests City Council approval of the recommended adjustments. These adjustments are a result of new information and/or unanticipated events that occurred since the adoption of the budget in June 2023. A listing and description of each proposed current year adjustment is provided in the resolution.

Including these budget adjustments in the Q4 report will enhance the report to more accurately reflect fiscal year-end results in the coming months. The Q4 report is scheduled to be presented, in detail, to the Finance Committee on September 24, 2024, and also to the City Council on consent on the same day.

PREPARED BY: Nathalie Lecolley, Controller
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: Kelly R. McAdoo, City Administrator
Agenda Item No. 7
File Code No. 230.05
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 23-
076, ADOPTING THE BUDGET FOR FISCAL YEAR (FY)
2024, TO APPROVE PROPOSED FOURTH-QUARTER
(Q4) BUDGET ADJUSTMENTS TO FY2024 REVENUE
AND EXPENDITURE APPROPRIATIONS.

WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2023; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2023;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, as authorized by Resolution No. 23-076, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the FY2024, as adopted by Resolution No. 23-076, is hereby amended as follows:

ATTACHMENT
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
GENERAL FUND (Fund 1000)
$ (30,649) $ - $ 30,649
$ 30,649 $ - $ (30,649)
$ - $ - $ -
Decrease Police Department Expense Appropriations and Special Projects and Increase Fleet Replacement Motor Vehicle Expense Appropriations for PD Co-Response program vehicles. $ - (135,518) $ $ 135,518 $ - $ - $ -
Total General Fund (1000) $ (135,518) $ - $ 135,518

SPECIAL REVENUE FUNDS
Streets Operating Fund (2400)
Increase Street fund revenue and expenditure for repaving of the Waterfront parking and decrease Waterfront fund appropriation. 59,866 $ (59,866) $ $ - $ -
Total Streets Operating Fund (2400) $ 59,866 $ - $ (59,866) Measure A Fund (2440)
Increase revenue and expenditure appropriations for the Fleet Replacement fund for additional allocation for underfunded vehicle in the Measure A fund. $ - (38,217) $ $ 38,217
Total Measure A Fund (2440) $ (38,217) $ - $ 38,217
Library Miscellaneous Grants Fund (2850)
Decrease grant Revenue due to grant cancellation $ - $ (132,075) $ (132,075) Increase trust fund to offset existing expenditures due to grant cancellation. $ - $ 186,352 $ 186,352 $ 14,822 $ - $ (14,822)
$ (14,822) $ - $ 14,822
$ - $ - $ -
$ 1,571 $ 1,571
$ 1,441 $ - $ (1,441)
$ - $ - $ -
$ - $ 69,635 $ 69,635
$ 69,635 $ - $ (69,635)
$ - $ - $ -
Increase revenue appropriation from donations and increase Special Supplies expenditures appropriations. $ 19,288 19,288 $ (0) $ Total Library Miscellaneous Grants Fund (2850) $ 90,364 $ 144,770 $ 54,406 Measure C Capital Fund (3010)
Increase appropriations for Measure A Special Elections funded by Measure C reserves $ - (180,000) $ $ 180,000 $ 20,000 $ - $ (20,000)
$ (20,000) $ 20,000
$ - $ - $ -
$ 2,654 $ - $ (2,654)
$ (2,654) $ - $ 2,654
$ -
$ 153,560 $ - $ (153,560)
$ (153,560) $ - $ 153,560
Total Measure C Capital Fund (3010) $ (180,000) $ - $ 180,000 The Library is requestion to appropriate excess funds from the vending macine (TABS Program) to increase expenditure for Special Supplies that supports Yourth Services.

Increase revenue of the SBPL Foundation and increase Special Supplies expenditures appropriations.

City of Santa Barbara
Fiscal Year 2024 Financial Statements Ending June 30, 2024 Schedule of Proposed Forth Quarter Budget Adjustments
Reallocate funds from budgeted Fire salary and overtime in Operations to cover payroll expenses incurred with February Storms.

Transfer $2,654.13 from the Measure C Drainage Improvement account to cover the overage in the Westmont Storm Drain project account. The Drainage Improvement account has a savings from the other projects coming in under budget.

Transfer $20,000 from Measure C De La Guerra Plaza project to the Police Station project. These funds due to unforeseen expenditures to the Police Station Project. The De La Guerra Plaza Revitalization project is showing a savings.

Decrease appropriations for restrooms ($53,560.15), trails/walkways ($50,000) and park safety program ($50,000) and increase appropriations for Chase Palm Park Renovations per Measure C Capital ($153,560.15).

Decrease special supplies appropriation ($14,822.22) and increase appropiation for permenant salaries

Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
SPECIAL REVENUE FUNDS (Continued)
Streets Grant Capital Fund (3410)
$ 338,511 338,511 $
Appropriate $330,821, in the revenue line item in the LSTP Surface Transportation funds to account for reimbursement of unclaimed funds per Santa Barbara County Association of Governments. $ - $ 330,821 $ 330,821 $ - $ - $ -
$ - $ 276,656 $ 276,656
$ 276,656 $ - $ (276,656)
$ - $ - $ -
$ (35,844) $ - $ 35,844
$ 35,844 $ - $ (35,844)
$ - $ - $ -
$ (21,944) $ - $ 21,944
$ 21,944 $ - $ (21,944)
$ - $ - $ -
$ (102,378) $ - $ 102,378
$ 102,378 $ - $ (102,378)
$ (38,200) $ - $ 38,200
$ 38,200 $ - $ (38,200)
Total Streets Grant Capital Fund (3410) $ 276,656 $ 945,988 $ 669,332

ENTERPRISE FUNDS
Water Operating Fund (5000)
Transfer out appropriations in the amount of $150,000, funded from Water Operating Fund reserves, to cover Water Capital Fund remediation costs of 625 Laguna offices that were affected by the storms and caused flooding and damage. $ - 150,000 $ $ (150,000) Adjust revenue and expenditure appropriations in the Fleet Replacement Fund to align the budget with the FY24 Fleet Replacement Fund in the amount of $169,718.09 for FY24 $ 7,919 $ - $ (7,919)
Total Water Operating Fund (5000) $ 157,919 $ - $ (157,919) Water Capital Fund (5010)
Increase revenue and expenditure appropriations in the amount of $150,000, funded from Water Operating Fund reserves, to cover remediation of 625 Laguna offices that were affected by the storms and caused flooding and damage. $ 150,000 150,000 $ - $ $ - $ - $ -
Increase expenditure appropriations in the amount of $400,000, funded from Water Capital Fund reserves, to cover additional costs for the pump station upgrades for the Desalination Plant for construction cost increases due to unforeseen conditions. $ - 400,000 $ $ (400,000) $ - $ - $ -
Increase expenditure appropriations in the amount of $100,000, funded from the Water Capital Fund reserves, to cover outside legal fees for mediation. $ 100,000 $ - $ (100,000)
Total Water Capital Fund (5010) $ 650,000 $ 150,000 $ (500,000) Wastewater Operating Fund (5100)
Adjust revenue and expenditure appropriations in the Fleet Replacement Fund to align the budget with the FY24 Fleet Replacement Fund in the amount of $169,718.09 for FY24 $ 3,899 $ - $ (3,899)
Total Wastewater Operating Fund (5100) $ 3,899 $ - $ (3,899) Wastewater Capital Fund (5110)
Increase expenditure appropriations in the amount of $133,216.37, funded from the Wastewater Capital Fund reserves, to cover additional staff costs for the arbitration, revising bid package, and re-bidding. $ (133,216) 133,216 $ Total Wastewater Capital Fund (5110) $ - 133,216 $ $ (133,216) Downtown Parking Operating Fund (5300)
$ - 200,000 $ $ (200,000)
$ 175,000 $ - $ (175,000)
Transfer $38,199.85 from the Measure C Capital Fund to cover the overage in the project account related to project expenses.

Appropriate $338,511, in the revenue line item in the LSTP Surface Transportation funds to account for reimbursement of unclaimed funds per Santa Barbara County Association of Governments.

Increase revenue and expenditure appropriations in the Streets Grant Capital Fund in the amount of $276,656 funded by additional Federal Bridge grant funds, for the construction phase of the Bridge Preventative Maintenance Program Phase 3.

Increase expenditure appropriations in the Streets Grant Capital Fund in the amount of $35,844 funded by Measure A Overlays, for City Match to cover the construction phase of the Bridge Preventative Maintenance Program Phase 3.

Decrease appropriations HSIP Bath Street Crossing Enhancements Grant Project funds and Increase appropriations of HSIP Salinas at Old Coast Hwy Crossing Enhancements Grant Project. The projects have been consolidated with Caltrans under project HSIP Salinas.

Transfer $102,378.26 from the Measure C Capital Fund to cover the Streets Grant Capital Fund overage in the project account related to project expenses.

Increase expenditures appropriations in the Downtown Parking Capital Fund in the amount of $475,000, to add capital projects erroneously not included in the approved budget. (Parking Lots 6, 7 & 11)

Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
$ - 100,000 $ $ (100,000)
Total Downtown Parking Operating Fund (5300) $ - 475,000 $ $ (475,000) ENTERPRISE FUNDS (Continued)
Golf Course Fund (5600)
Increase estimated Revenue in the Player Course Improvement and increase appropriations to tansfer out to the Captial fund. 1,955 $ $ 1,955 $ - Increase the estimated revenue and appropriation to transfer in from the the operating fund to the capital fund. $ 1,955 $ 1,955 $ - Total Golf Course Fund (5600) $ 3,910 $ 3,910 $ -
Airport Operating Fund (5700)
Decrease Airport Capital Fund appropriations from Taxiway Extension Project and increase the Airfield, Marking, Signage & Lighting Project and Passenger Boarding Bridge Renovation Projects $ 128,794 128,794 $ - $ Total Airport Operating Fund (5700) $ 128,794 $ 128,794 $ - Waterfront Operating Fund (5800)
Increase Street fund revenue and expenditure to cover the repaving of the Waterfront parking and decrease Waterfront fund appropriation. (59,866) $ $ - $ 59,866 Total Waterfront Operating Fund (5800) $ (59,866) $ - $ 59,866

INTERNAL SERVICE FUNDS
Information Technology Capital Fund (6210)
Transfer the surplus of $42,925.86, in the Electronic Communications Program to Information Technology $ - $ 42,926 $ 42,926 Total Information Technology Capital Fund (6210) $ - $ 42,926 $ 42,926 Facilities Management Fund (6300)
Transfer the surplus of $42,925.86, in the Electronic Communications Program to Information Technology $ 42,926 $ - $ (42,926) Total Facilities Management Fund (6300) $ 42,926 $ - $ (42,926) Fleet Maintenance Fund (6400)
Increase expenditure appropriations in the amount of $30,000, funded from the Fleet Maintenance reserves, to cover additional costs for unforeseen expenditures. $ - 30,000 $ $ (30,000)
Total Fleet Maintenance Fund (6400) $ 30,000 $ - $ (30,000) Fleet Replacement Fund (6410)
Increase revenue and expenditure appropriations for the Fleet Replacement fund for additional allocation for underfunded vehicle in the Measure A fund. $ - 38,217 $ $ (38,217)
Decrease Police Department Expense Appropriations and Special Projects and Increase Fleet Replacement Motor Vehicle Expense Appropriations for PD Co-Response program vehicles. $ 135,518 135,518 $ Total Fleet Replacement Fund (6410) $ 135,518 38,217 $ 97,300 $ Library Gift Fund (7120)
Transfer out funds from Library Gift Trust to cover grant cancellation $ - 186,352 $ $ (186,352) Total Library Gift Fund (7120) $ 186,352 $ - $ (186,352)

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department SUBJECT: Approval of Quinn Corporation Inc., for the Maintenance, Repair, Upgrade, Rental, and New Installation of Caterpillar Generator Systems
RECOMMENDATION: That Council:

A. Find it to be in the City of Santa Barbara’s best interest to approve Quinn Corporation Inc., as the vendor for maintenance, repair, upgrade, rental, and new installation of Caterpillar emergency backup generators and associated systems at the City of Santa Barbara’s Water Resources facilities, without bids, as authorized by Municipal Code Section 4.52.070 (k); and
B. Authorize the Public Works Director to award purchase order contracts to Quinn Corporation Inc., for such services and equipment as needed for the next five-year period, expiring on August 19, 2029.

DISCUSSION:

The City of Santa Barbara’s (City) water and wastewater customers have benefitted from having emergency backup generators at critical facilities since the early 1980s. Having emergency generators at Water Resources facilities has become even more important with the recent development of Southern California Edison’s (SCE) Public Safety Power Shutdowns (PSPS) Program. Under the PSPS Program, upon a forecasted “fire weather” condition, which is based on a combination of high temperature and wind, plus low humidity, SCE may notify the community that the power grid in the affected areas will be shutdown. The shutdown could last for multiple days. Water Resources has standardized on Caterpillar generators to maximize operational and maintenance efficiencies, along with cost savings. Caterpillar generators are known for their durability and reliability, both important qualities for emergency backup generators. Standardizing on generators allows for minimizing both the parts inventory and specialized tools needed for maintenance. It also enables staff to focus their training on a single generator system.

Quinn Corporation Inc., (Quinn) is the only certified dealer in central California and Los Angeles County authorized to supply and maintain Caterpillar generators. Using a local dealer provides the City with a quick response time for maintenance and repair of the Agenda Item No. 8
File Code No. 530.01
Council Agenda Report
Approval of Quinn Corporation Inc., for the Maintenance, Repair, Upgrade, Rental, and New Installation of Caterpillar Generator Systems
August 20, 2024

generators and providing rental units if City backup generators are unavailable for an extended period of time. Quinn’s service, coupled with Caterpillar equipment, has proven invaluable when emergency power has been needed. Municipal Code section 4.52.070(k) authorizes Council to purchase supplies, equipment, and services and waive the formal bid procedure when it is found to be in the best interest of the City. Quinn has provided reliable repair and maintenance services to the City since 1993. Staff recommends that Council approve Quinn as the provider of Caterpillar generators and service for Water Resources for the next five years, expiring on August 19, 2029.

If another local company becomes certified and authorized to maintain, repair, and install Caterpillar generators, the City reserves the right to obtain a competitive quote for labor and maintenance costs, and issue purchase orders to the new company.

BUDGET/FINANCIAL INFORMATION:

Water Resources expenditures on Quinn purchase orders will not exceed the amounts Council has approved in the Water and Wastewater budgets.

ENVIRONMENTAL REVIEW:

California Environmental Quality Act (CEQA) Guidelines § 15301 (also known as the Class 1 exemption) exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion or existing or former use, including existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. This action falls under subdivisions (b) and (d) of § 15301 as the approval of Quinn as the vendor for maintenance, repair, upgrade, rental, and new installation of Caterpillar emergency backup generators and associated systems at the City’s Water Resources facilities supports the operation and maintenance of Water Resources facilities and does not involve expansion of use.

PREPARED BY: Joshua Haggmark, P.E., Water Resources Manager/GC/ld SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: Kelly R. McAdoo, City Administrator

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Contract Amendment for Construction Support Services for the Santa Barbara Airport South Terminal Apron Redevelopment Project [Agreement]
RECOMMENDATION:

That Council authorize the Public Works Director to execute the Second 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 $19,289, for a total expenditure authority of $139,409.

DISCUSSION:

Background
The Santa Barbara South Terminal Apron Redevelopment Project (Project) is the first step towards redeveloping the area south of the airline passenger terminal per the City of Santa Barbara’s (City) 2017 Airport Master Plan. The Project will remove Hangar 5 from the airport property, reconfigure the rental car ready-return parking lot, and add three overnight aircraft parking spaces.

On March 21, 2023, Council authorized the Public Works Director to execute a contract with Applied Earthworks, Inc. in the amount of $62,782 for archaeological and Native American monitoring services and approved expenditures of up to $6,278 for extra services that have resulted from necessary changes in the scope of work; for a total expenditure authority of $69,060.

On October 31, 2023, Council authorized the Public Works Director to execute a contract amendment with Applied Earthworks, Inc. in the amount of $57,339 for additional archaeological and Native American monitoring services due to unforeseen conditions.

Council authorized a total expenditure authority of $126,399.

Agenda Item No. 9
File Code No. 560.04
Council Agenda Report
Contract Amendment for Construction Support Services for the Santa Barbara Airport South Terminal Apron Redevelopment Project [Agreement]
August 20, 2024

Current Status
The Project is currently under construction. Archaeological and Native American monitoring is a requirement of the Project’s Coastal Development Permit and monitoring services are required during all soil disturbing activities. The original contract estimated 30 days of soil disturbing activities. The First Amendment added an additional 30 days of monitoring. However, due to unforeseen conditions such as contaminated soil and inclement weather, the number of days of soil disturbing activities will exceed the estimated 60 days. Based on current progress, staff estimates that an additional ten days of monitoring will be required.

BUDGET/FINANCIAL INFORMATION:

The following summarizes all Project design costs, construction contract funding, and other Project costs.

ESTIMATED TOTAL PROJECT COST
Design (Kimley Horn) Total $208,691
Construction Contract $4,527,449
Existing Construction Change Order Allowance $452,745
Construction Management/Inspection (Kimley Horn) $338,540 Construction Management/Inspection Amendment (Kimley Horn) $107,550 Construction Monitoring (Applied Earthworks) $62,782
First Amendment Construction Monitoring (Applied Earthworks) $57,339 Second Amendment Construction Monitoring (Applied
Earthworks)
$19,289
Construction Subtotal $5,565,694
Project Total $5,774,385
If the recommendation is approved, the additional $19,289 will bring the total cost for construction support services to $139,409.

There are sufficient appropriated funds in the Airport Capital Fund to cover all remaining project costs.

SUSTAINABILITY IMPACT:

The Project includes the relocation and reuse of Hangar 5 through a cooperative agreement with a local developer. The relocation of Hangar 5 is consistent with Santa Barbara General Plan (SBGP) Policy Environmental Resources ER2: Continue to expand Council Agenda Report
Contract Amendment for Construction Support Services for the Santa Barbara Airport South Terminal Apron Redevelopment Project [Agreement]
August 20, 2024

City recycling programs for resource reduction, reuse, and recycling of solid waste, as Hangar 5 will be reused in an alternate location. In addition, the Project incorporates stormwater improvements such as permeable pavement, which is consistent with SBGP Policy Environmental Resources ER20 Storm Water Management.

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

ENVIRONMENTAL REVIEW:

This Project was included in the 2017 Airport Master Plan Environmental Impact Report.

Therefore, the Project is compliant with the California Environmental Quality Act. Also, the Airport received a Coastal Development Permit from the Santa Barbara Planning Commission in December 2021. The National Environmental Policy Act does not apply to this Project, as it is not federally funded.

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

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: Recreation Division, Parks and Recreation Department SUBJECT: Recreation Afterschool Program with Santa Barbara Unified School District [Agreement]
RECOMMENDATION:

That Council authorize the Parks and Recreation Director to enter into an agreement with the Santa Barbara Unified School District for the Recreation Afterschool Program.

DISCUSSION:

Each year, the City and the Santa Barbara Unified School District (SBUSD) enter into an agreement to define terms and budget for the administration of the Recreation Afterschool Program. The program is an important community service that provides essential support to families during crucial afterschool hours. National statistics show that the afterschool hours, between 3:00 p.m. to 6:00 p.m., have the highest incidents of juvenile crime and youth engaging in inappropriate behaviors.

Recreation Afterschool Program
The Recreation Afterschool Program (RAP) provides recreation services, homework help, and afterschool care at four elementary school sites (Adams, Monroe, Roosevelt, and Washington) for 16 hours per week. The program hours are 2:30 p.m. - 5:30 p.m. on Monday, Tuesday, Thursday, and Friday, and 1:30 p.m. - 5:30 p.m. on Wednesday. In Fiscal Year 2024, 220 participants registered for the program with an average of 160 participants per day. In Fiscal Year 2025, the program has a capacity of 220 participants.

The agreement includes program locations, activities, staffing, and facility needs. The program will operate during the 180 Santa Barbara Unified School District school days and includes various activities that children enjoy like arts & crafts, sports games, theme days, gardening projects, educational activities, reading time, and more. Registration is simple and can be done through the City’s recreation registration software.

Agenda Item No. 10
File Code No. 570.06
Council Agenda Report
Recreation Afterschool Program with Santa Barbara Unified School District [Agreement] August 20, 2024

On June 25, 2024, the Santa Barbara Unified School District Board approved the execution of the agreement with a request to have a future discussion about cleaning of School District property at the conclusion of the program. The agreement is for one year ending June 30, 2025.

BUDGET/FINANCIAL INFORMATION:

The Fiscal Year 2025 Recreation Afterschool Program expenditure budget is $491,500, including $50,000 for scholarships. Scholarship recipients are students who are in need of assistance as identified by school Principals or who can provide proof of low income as defined by the City’s Affordable Housing Income Limits. The annual program fee is $1,610 and the budgeted revenue is $354,200 for a cost recovery of 72%.

A copy of the agreement may be requested from the Parks and Recreation Department for public review by contacting Courtney Carlson at [email protected].

PREPARED BY: Adam Porte, Recreation Manager
SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: Kelly McAdoo, City Administrator

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: Parks and Recreation Department
SUBJECT: Contracts with Santa Barbara Unified School District for Park Ranger Patrol Services and Junior High Afterschool Sports [Agreement] RECOMMENDATION: That Council:

A. Authorize the Parks and Recreation Director to enter into a six-month agreement with Santa Barbara Unified School District (SBUSD) for Park Ranger Patrol Services at SBUSD properties at a cost to SBUSD in the amount of $17,273; and B. Authorize the Parks and Recreation Director to enter into a one-year agreement with Santa Barbara Unified School District (SBUSD) for the Junior High Afterschool Sports Program at SBUSD properties at a cost to the City in the amount of $32,000.

DISCUSSION:

Each year, the City and SBUSD enter into agreements to define terms and budgets for the administration of Park Ranger Patrol Services and the Junior High Afterschool Sports Program.

Park Ranger Patrol Services
For the past 30 years, the City and SBUSD have had a Park Ranger Patrol Services Agreement whereby Park Rangers patrol school sites. Under this agreement, Park Rangers patrol Santa Barbara and La Cumbre Junior High Schools seven days per week from 3:30 pm until dark; Santa Barbara High School and La Colina, Santa Barbara, and La Cumbre Junior High Schools on weekends from 11:00 am until 7:00 pm; and Franklin, McKinley, Harding University Partnership School, Washington, Cleveland, Roosevelt, Adams, and Monroe Elementary Schools on weekends and holidays from 11:00 am until 7:00 pm. This year, the City and SBUSD will enter into a six-month agreement now and later in the fall will bring forward another six-month agreement with an updated list of schools to patrol on weeknights and weekends based on current needs.

Agenda Item No. 11
File Code No. 570.06
Council Agenda Report
Contracts with Santa Barbara Unified School District for Park Ranger Patrol Services and Junior High Afterschool Sports [Agreement]
August 20, 2024

Park Ranger duties include coordination with administration at each school for security needs and issues, patrolling facilities, conducting premise security checks, documenting and reporting graffiti and vandalism, enforcing appropriately adopted rules and prohibitions per SBUSD direction, and issuing citations as necessary. During the 2023- 2024 academic school year, rangers conducted over 1,506 patrols.

Junior High Afterschool Sports Program
Jointly funded since 1985 in collaboration with SBUSD, the Junior High Afterschool Sports Program is provided on all four junior high campuses. This free program is an important community service that improves overall health, promotes healthy competition, encourages teamwork, and provides essential support to families during the crucial after school hours. In Fiscal Year 2017, as a result of increased sport activities and significant participation increases, the City increased the annual contribution from $20,000 to $32,000. During the 2023-2024 academic school year, over 750 junior high youth participated in at least one of the nine different afterschool sport opportunities.

On June 25, 2024, the Santa Barbara Unified School District Board approved the execution of these agreements with the City. The Park Ranger Patrol Services agreement is for the period of July 2024 ending on January 1, 2025. The Junior High Afterschool Sports Program agreement is for one year ending on June 30, 2025.

BUDGET/FINANCIAL INFORMATION:

Revenue and funding for these agreements is included within the adopted Fiscal Year 2025 Parks and Recreation General Fund Budget.

A copy of the agreement may be requested from the Parks and Recreation Department for public review by contacting Courtney Carlson at [email protected].

PREPARED BY: Adam Porte, Recreation Manager
SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: Kelly McAdoo, City Administrator

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
SUBJECT: Authorization to Amend the Legal Services Agreement with Best, Best & Krieger, LLP [Agreement]
RECOMMENDATION:

That Council authorize the City Attorney to execute an amended legal services agreement with Best, Best & Krieger, LLP to increase the not-to-exceed amount from $85,000 to $135,000 for special counsel services related to investigation of groundwater and communication with the Regional Water Quality Control Board regarding the same.

DISCUSSION:

In April 2021, the City entered into an agreement with Best, Best & Krieger to assist the City in working with the Regional Water Quality Control Board (Water Board) to address the investigation of PFAS concentrations at the Airport. Expenditures on the contract are anticipated to exceed the current contract amount of $85,000. Increasing the contract amount by an additional $50,000 is necessary to avoid an interruption of service.

BUDGET/FINANCIAL INFORMATION:

The cost for legal support for this case will be paid from the Airport Operating Fund reserves.

PREPARED BY: Tava Ostrenger, Assistant City Attorney
SUBMITTED BY: Sarah J. Knecht, City Attorney
APPROVED BY: Kelly McAdoo, City Administrator
Agenda Item No. 12
File Code No. 560.01

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: Public Works Department
SUBJECT: Contract Amendment for Extra Design Services for the Via Lucero Wastewater Forcemain Replacement Project [Agreement]
RECOMMENDATION:

That Council authorize the Public Works Director to execute the First Contract Amendment with Dudek, for extra design services for the Via Lucero Wastewater Forcemain Replacement Project, Contract No. 28,493, in the amount of $63,648, for a total contract amount of $319,196, and a total expenditure authority of $344,751.

DISCUSSION:

Background
On March 19, 2024, Council approved a City Professional Services Agreement with Dudek in the amount of $255,548 for design services for the Via Lucero Wastewater Forcemain Replacement Project (Project) and authorized $25,555 for potential extra services, for a total expenditure authority of $281,103. The Project will design and construct two new wastewater forcemains (one active and one redundant) along Via Lucero to North Hope Avenue and State Street. One forcemain will be in service, while the other will serve as a redundant forcemain for repairs and maintenance, which is a best practice for modern forcemains. The Project was recommended in the City’s 2017 State Street Sewer Analysis as an option to relieve some of the burden along the west segment of the State Street sewer system.

Current Status
Dudek has successfully completed a preliminary (30%) design and survey for the Project.

Geotechnical investigation and structural design services beyond the original scope of work are required to complete the design beyond the authorized contract not-to-exceed limits.
 Geotechnical Services – A geotechnical investigation is required due to a lack of knowledge of the subsurface conditions in the Project area and an anticipated horizontal directional drilling method to install the replacement forcemain. A Agenda Item No. 13
File Code No. 540.13
Council Agenda Report
Contract Amendment for Extra Design Services for the Via Lucero Wastewater Forcemain Replacement Project [Agreement]
August 20, 2024

comprehensive geotechnical evaluation and report will be produced to support the design and provide clarity to prospective contractors. Anticipated work includes an investigation of soil types critical to support the design and inform construction activity using horizontal drilling, including identifying any below-grade features, like large rocks or cobbles, that could negatively impact the work.  Structural Design Services – A larger, cast-in-place concrete vault design was added to the Project to improve operator ergonomics and safety when operating underground vault valves and pipelines. Additional structural design services include the vault’s design as well as structural design support during construction and vault fabrication.

The remaining work effort to produce a final (100%) Project design and construction bid package will continue as scheduled, with construction anticipated to begin in winter 2026.

The City will direct Dudek to continue their work within the scope of services established in the contract. Staff recommends retaining the previously authorized expenditure authority of $25,555 for extra services to be used for additional unanticipated costs to complete the design.

BUDGET/FINANCIAL INFORMATION:

With the approval of the recommended amendment, Dudek’s total contract amount will be increased to $319,196, with a total expenditure authority of $344,751. The amendment will be funded through previously Council-approved Fiscal Year 2025 appropriations in the Wastewater Fund.

ESTIMATED TOTAL PROJECT COST
Design Services (Dudek) – previously authorized and encumbered $255,548 Extra Services Allowance (Dudek) – previously authorized and encumbered $25,555 Amendment No. 1 (Dudek) – recommended $63,648
Design Management and Environmental Review (by City staff) $160,583 Design Subtotal $505,334
Estimated Construction Contract (future contract) $1,500,000 Change Order Allowance (future contract) $150,000
Other Construction Costs (Construction Management/Inspection, Archaeological Monitoring, Design Support, Monitoring, Materials Testing, etc.)
$365,000
Construction Administration (by City staff) $97,872
Construction Subtotal $2,112,872
TOTAL PROJECT COST $2,618,206
Council Agenda Report
Contract Amendment for Extra Design Services for the Via Lucero Wastewater Forcemain Replacement Project [Agreement]
August 20, 2024

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

ENVIRONMENTAL REVIEW
Under Santa Barbara Municipal Code § 22.100.070 and § 22.100.080, the Public Works Director has determined that the Project is exempt under California Environmental Quality Act Guidelines § 15301 (b) and 15302 (c).

The proposed Project is limited to the replacement of existing wastewater facilities.

Therefore, this Project meets § 15301 (b) Existing Facilities Categorical Exemption and § 15302 (c) Categorical Exemption because the Project consists of the replacement and relocation of existing sewer mains within the public right-of-way.

A Notice of Exemption was prepared and submitted to the County Clerk on January 9, 2024, and the State Clearinghouse (SCH# 2024010208) on January 10, 2024.

PREPARED BY: Brian D’Amour, P.E., City Engineer/KB/rl
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: Kelly McAdoo, City Administrator

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Response to the Santa Barbara County Grand Jury Report on Homeless Encampments in Santa Barbara County
RECOMMENDATION:

The Council authorize the Mayor to send a letter of response to the Santa Barbara County Grand Jury report titled “Homeless Encampments in Santa Barbara County: Becoming Part of the Community Again.”
DISCUSSION:

On June 21, 2024, the City received a letter requesting review of and responses to a Grand Jury Report titled “Homeless Encampments in Santa Barbara County: Becoming Part of the Community Again” (Attachment 1), which analyzed the issues surrounding encampments and the progress made in the first phase of implementing the Santa Barbara County Homeless Encampment Resolution Strategy. The Grand Jury’s report was specific to the County of Santa Barbara, but all cities in the county were asked to respond to two of the report’s seven findings. The City must respond to the Grand Jury’s report within 90 days of receipt.

The Grand Jury Report highlighted that during the drought which continued between 2019 and 2021, numerous fires around homeless encampments in the Santa Barbara area placed scrutiny on those sites. These fires alarmed residents who feared the fires would spread beyond the encampments. In May 2021, the City declared a State of Emergency in fireprone areas. These fires also prompted the County to focus its attention on homeless encampments, devising an Encampment Resolution Strategy, which the Board of Supervisors adopted on August 31, 2021.

An encampment has been defined as any location where one person or more stays unsheltered every night in areas not meant for human habitation. Often included in the definition of a homeless encampment is that a person has more personal property than can be carried in one trip and is stored at the site.

Agenda Item No. 14
File Code No. 150.04
Council Agenda Report
Response to the Santa Barbara County Grand Jury Report on Homeless Encampments in Santa Barbara County
August 20, 2024

The Grand Jury noted that the Santa Barbara County Community Services Department, in devising the Encampment Resolution Strategy, created working partnerships with many County and City departments and nonprofit organizations to provide services more directly and effectively. The report briefly analyzes each area and its challenges and its successes.

The City of Santa Barbara has been collaborating with the County of Santa Barbara and other jurisdictions within the California Encampment Resolution Fund (CERF) Steering Committee that was initially created when the County received grant funding to address encampments along the Highway 101 transit corridor and has since continued with additional grant funding to address encampments along creeks and waterways and most recently, to resolve vehicular encampments.

The City’s Sustainability and Resilience Department Community Engagement Division is responsible for leading the Encampment Response Team that is comprised of staff from Code Enforcement, Community Development, Fire, Police, Parks and Recreation, City Administrator’s Office, Airport Patrol, Harbor Patrol and Public Works. This team also works closely with City Net, the primary outreach and case management provider for people experiencing homelessness in the City of Santa Barbara. The response team initially assesses the encampments reported for health and safety risks, provides education on hazards, and facilitates referrals to shelter and services.

The Sustainability and Resilience Department Community Engagement Division tracks reports of encampments, deploys the response team, coordinates interventions, and manages logistics for removal. The City’s Encampment Response Protocol is attached for reference (Attachment 2). In FY2024, this team responded to 259 encampment reports throughout the City, and the Creek’s Division responded to another 249 encampments along creeks and waterways, for a total of 508 encampments.

The Grand Jury highlights that the biggest challenge to encampment resolution is the lack of affordable housing. The City agrees and continues to prioritize investments that will provide pathways for people to access adequate, affordable, safe and supportive shelter and housing. Most recently, this has included Vera Cruz Village that provided 28 new affordable rental studio units to people experiencing homelessness, support for the Transition House to purchase a property that will provide 10 units of transitional housing for families, and financial assistance to the Housing Authority of the City of Santa Barbara to purchase of a former Quality Inn that will be renovated to provide 32 affordable studio units.

The Grand Jury also noted that many encampment residents would prefer housing where they can maintain their independence, such as in transitional housing. It has also been our experience that many unhoused individuals, especially those in encampments, have difficulty transitioning to housing programs or have been resistant altogether. This was one of the many reasons that the City worked to open a daytime navigation and workforce development center in downtown Santa Barbara. The FARO Center opened in June 2024 and is accessible to the public from 9am to 3pm on Mondays through Fridays. This Center partners with government agencies and nonprofit organizations to offer a variety of services Council Agenda Report
Response to the Santa Barbara County Grand Jury Report on Homeless Encampments in Santa Barbara County
August 20, 2024

to help individuals address their basic needs as well as to support them in navigating the pathway to interim or permanent housing.

The City’s response letter to the Grand Jury (Attachment 3) details how city and county agencies are continuing to work together to respond to encampments throughout the region.

ATTACHMENTS: 1. Grand Jury Report titled “Homeless Encampments in SantaBarbara County: Becoming Part of the Community Again”

2. City of Santa Barbara’s Encampment Response Protocol

3. City of Santa Barbara’s Response to the Grand Jury
PREPARED BY: Barbara Andersen, Sr. Assistant to the City Administrator SUBMITTED BY: City Administrator’s Office
APPROVED BY: Kelly R. McAdoo, City Administrator
County Courthouse
1100 Anacapa Street 11, !!II• ��r.3.-.�
Santa Barbara, CA 93101 �-�����
Santa Barbara City Council
Mayor Randy Rowse
Alejandra Gutierrez
Mike Jordan
Oscar Gutierrez
Kristen Snedden
Eric Friedman
Megan Harmon
Grand Jury
Santa Barbara County
Holly Perea, Executive Assistant, [email protected] Dear Members of the Santa Barbara City Council:
805 568-2291
[email protected]
htto://www.sbcgj.org
On behalf of the 2023-2024 Santa Barbara County Grand Jury, I am enclosing a copy of the report for your review and response:

HOMELESSENCAMPMENTSINSANTA BARBARA COUNTY
Becoming Part of the Community Again
The Grand Jury, County Counsel, and the Presiding Judge Pauline Maxwell have approved this report. The pertinent sections of the California Penal Codes §933 and §933.05 require the following:
• You are receiving this report two working days prior to its release to the public; you shall not disclose this report prior to its public release • Each entity or individual named in the report must respond to each Finding and Recommendation in this report, within the specific statutory time limit • If you are an elected county officer or agency head, the response time is no later than 60 days from the date of receipt of the report
• If you are the governing body of a public agency subject to the reviewing authority of the Grand Jury, the response time is no later than 90 days of receipt of the report
• Responses to Findings shall be either:
o Agree
o Disagree with an explanation
o Disagree partially with an explanation
Attachment 1

Attachment #2 A
City of Santa Barbara Page 1 of 13
Encampment Response Protocol
Contents
INTRODUCTION AND SCOPE ......................................................................................................................... 2 GUIDING PRINCIPLES .................................................................................................................................... 2 ROLES, RESPONSIBILITIES, AND COORDINATION ......................................................................................... 3 DATA COLLECTION AND RECORD KEEPING................................................................................................... 5 PROCESS FOR IDENTIFYING ENCAMPMENTS AND SITE EVALUATION.......................................................... 5 NOTICING REQUIREMENTS AND PROCEDURES............................................................................................ 7 COORDINATION WITH PARTNERS AND SHELTER OFFERS ............................................................................ 9 CLEAN UP PROCEDURES AND PROPERTY STORAGE ..................................................................................... 9 SAFETY PROTOCOLS ....................................................................................................................................11 EXHIBITS......................................................................................................................................................13 City of Santa Barbara Page 2 of 13
Encampment Response Protocol
City of Santa Barbara
Encampment Response Protocol

INTRODUCTION AND SCOPE
The purpose of the Encampment Response Protocol is to provide clarity and coordination around encampment response in City-owned or controlled public properties. All interventions will be based on health and safety risks, available resources, and alternate shelter capacity.

This protocol applies to encampments located specifically on property owned or controlled by the City of Santa Barbara. The scope of this document does not extend to encampments on private property.

Encampments located on the property of other public agencies (e.g. County of Santa Barbara, City of Goleta, school districts, or the University of California) will be referred to the governing jurisdiction. The City may enter into agreements with other jurisdictions to share responsibility for encampment response, in which case City staff will abide by these protocols and other procedures agreed upon by both parties.

It is important to distinguish between public safety “emergencies" and public safety “factors” to determine the appropriate encampment intervention. Public safety emergencies requiring a fire, medical, and/or police response should be immediately reported to 911, and those departments shall respond according to the ordinances, codes, statutes, and/or regulations under which they operate and are authorized to enforce (e.g. Health & Safety Code, Fire Code, Penal Code, etc.). The status of being unsheltered does not create immunity from generally enforced state codes and local ordinances. These protocols aim to address, and are in regard to, public safety factors that are not necessarily public safety emergencies (e.g. accumulation of trash/debris, right-of-way obstructions, etc.).

The use of this procedural framework will help ensure:
(a) Definition of roles and responsibilities;
(b) Coordination and management of limited resources;
(c) Prioritization of encampments based on defined criteria; (d) Protection of private property rights and due process rights; (e) Consistency of procedures; and
(f) The collection of data and metrics to measure effectiveness of reducing encampments.

GUIDING PRINCIPLES
The City of Santa Barbara’s Encampment Response Protocol is formulated from the following principles:

1. It is not safe or healthy for people to live unsheltered. The solution to homelessness is adequate, safe, accessible, and supportive shelter and housing of all types, including permanent supportive and affordable housing.

2. Community members have serious and legitimate concerns about encampments within their neighborhoods, including those related to health, sanitation, and safety.

3. The City must balance the interests of unsheltered residents with the interests of other community residents.

4. Addressing encampments requires collaboration from community partners and agencies.

City of Santa Barbara Page 3 of 13
Encampment Response Protocol

5. Voluntary, non-punitive, engagement-focused approaches are prioritized over enforcement, clearance, and criminalization.

6. Encampments have negative impacts on the local environment which must be mitigated. Public safety factors require the City to take actions to remove pollution from human waste, solid waste, as well as physical damage to plant life, waterways, and soils that are created by encampments.

ROLES, RESPONSIBILITIES, AND COORDINATION
City Staff and Relevant Departments
Airport Department
Airport staff will refer occupied encampments to the Police Department dispatch and submit clean-up requests via the SB Connect App, referenced further in this document, for abandoned encampments.

City Administrator’s Office
The City Administrator’s Office provides leadership, direction, and oversight to City Departments to accomplish citywide goals and objectives. Assists in responding to citizen inquiries and directing resources as needed to address priority areas.

Community Development Department
The Homelessness Programs Analyst administers and oversees a variety of grants and programs to ensure the provision of numerous services for unhoused persons, such as street outreach, case management, and housing navigation services, including access to shelter or other housing opportunities. As needed, this staff person is tasked with facilitating coordinated service delivery for persons with high acuity needs.

Fire Department
The Santa Barbara Fire Department is available to help address fire and safety hazards in encampments, provide education about fire risk, and enforce fire codes. Fire Department personnel will refer encampments via the SB Connect App and directly to Code Enforcement Officers if a fire hazard is present.

The Fire Department will respond to clean-ups where hazardous materials or fire hazards are present.

Parks and Recreation Department
Park Rangers may assist during encampment clean-ups located within a park or recreational facility to ensure the safety of City staff, contractors/vendors, service providers, residents, visitors, and persons residing in encampments. Park Rangers primarily serve as keepers of the peace but may issue warnings, post notices, and issue citations as necessary. Park Rangers do not make arrests but may call the Police Department when necessary.

Police Department
The Santa Barbara Police Department assists on a case-by-case basis during encampment clean-ups to ensure the safety of City staff, contractors/vendors, service providers, residents, and persons residing in encampments. Police Officers primarily serve as keepers of the peace, but will issue warnings, citations, and make arrests if necessary to address illegal activities. In urgent situations where Code Enforcement is not available, Police Officers can post encampment clean-up notices.

City of Santa Barbara Page 4 of 13
Encampment Response Protocol
Sustainability & Resilience Department
The Sustainability & Resilience Department oversees operations to ensure neighborhood vibrancy, climate resiliency, creek and ocean water protection, and solid waste service accountability. The Clean Community and Creeks Divisions manage several programs aimed at reducing pollutants in the environment, including litter and illegal dumping abatement, encampment clean-ups, beach and creek clean-ups, and solid waste and water pollution code enforcement. The Community Engagement Division implements these programs with full-time Code Enforcement Officers and clean-up crews. The Code Enforcement Officers monitor encampment reports, assess encampment sites, post notices, schedule and supervise cleaning crews, and coordinate with service providers and law enforcement. Code Enforcement Officers do not issue criminal citations or make arrests. Encampment clean-up services are available upon request to assist all other City Departments in abating encampments.

Waterfront Harbor Patrol
Harbor Patrol will refer occupied encampments to the Police Department dispatch and submit clean-up requests via the SB Connect App for abandoned encampments.

Service Providers
City Net
City Net is the City’s current contracted street outreach and case management/housing navigation service provider for persons experiencing homelessness. City Net is responsible for engaging with individuals, building relationships to provide immediate support, intervention, de-escalation, case management and housing navigation services. City Net is a participant in Santa Barbara Continuum of Care’s Coordinated Entry System (CES), a community-wide system to standardize and expedite the process by which people experiencing homelessness, or who are at risk of homelessness, access housing and homeless resources.

Through CES, people experiencing homelessness will be matched to services and housing based on their preferences and level of need. City Net will respond to requests from the City for outreach services to persons residing in encampments.

Other Partners
California Department of Transportation (Caltrans)
Caltrans authorizes access and gives permission to provide street outreach services on Caltrans right of way via an annually renewed Consent Letter for Service Providers Accessing Encampments on Caltrans Property (MTC-0131B, New 02/2021) (Exhibit 1). When a clean-up is scheduled, City Staff submit a Consent Letter (TR-0131, Rev. 7/2013) (Exhibit 2) which is approved on a case-by-case basis by Caltrans. Caltrans has worked closely with City staff to coordinate clean-up, law enforcement, landscape maintenance, and infrastructural upgrades.

County of Santa Barbara
The City coordinates with the County of Santa Barbara including the Homelessness Assistance Programs Division, Sheriff’s office, and others when addressing encampments along City/County boundaries.

Additionally, City staff coordinates with the County’s Homeless Assistance Program staff and other relevant county agencies, such as Behavioral Wellness, when specialized assistance is needed and collaborate on addressing encampments through programs funded with California Encampment Resolution Funds.

Encampments in County jurisdiction can be reported at [email protected].

City of Santa Barbara Page 5 of 13
Encampment Response Protocol
Neighboring Communities
As necessary, the City may coordinate with neighboring jurisdictions, such as the City of Goleta and organizations like the Montecito Association, when addressing encampments along City boundaries by notifying each other of encampments and imminent clean ups to help mitigate impacts to each city.

Union Pacific Railroad Company (UPRR)
The City has a Memorandum of Understanding with the Union Pacific Railroad Company (Exhibit 3), allowing City staff access on railroad property to immediately address trash, debris, illegal encampments, graffiti, and fencing repairs.

DATA COLLECTION AND RECORD KEEPING
The City utilizes Rock Solid Technologies Customer Relationship Management (CRM) and OpenGov Cartegraph Asset Management software to document reports of encampments and track progress in addressing encampment sites. All steps shall be documented in these programs for recordkeeping and reporting purposes. Data collected includes location, offer of emergency shelter and response, photographic or video documentation of the materials on site, and post removal photographs or video of the site. Record keeping of items of value found at encampments will be kept in accordance with the City of Santa Barbara Policy on Lost and Unclaimed Personal Property and Abandoned Property Found on CityOwned Property (“personal property policy”), attached to this document as Exhibit 4. Records will also be kept of shelter offers and any requests for street outreach teams to offer services.

PROCESS FOR IDENTIFYING ENCAMPMENTS AND SITE EVALUATION The Santa Barbara Municipal Code (SBMC) does not contain a specific definition of encampment. However, there are relevant code sections to be aware of and specific code violations/prohibitions.

The definition of “camp” is contained in section 15.16.060 B of the SBMC as the following: “The use of camping facilities such as tents, tarpaulins or temporary shelters, the use of non-City designated cooking facilities and similar equipment, or the use of cots, beds or hammocks. “Camping” shall not include merely sleeping outside or the use of a sleeping bag, bedroll, or mat, and no more personal possessions than can reasonably be carried by an individual.”
It is not a violation of the SBMC to sleep outside or to have in your possession items that assist an individual in sleeping that can be carried such as pillows, blankets, or a sleeping bag.

SBMC section 15.16.070 prohibits camping in the following areas of the City, which essentially prohibits camping in the vast majority of public places in the City:
• Any public park.
• Any public street.
• Any public parking lot or public area.
• Any public beach.

It is important to clarify that these protocols apply only to the removal and clean-up of encampments. This policy does not prohibit the enforcement of local ordinances, codes, statutes, and/or regulations under which the City operates and is authorized to enforce.

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Additionally, this policy is not inclusive of:
• Gatherings of individuals during the day that have not set up a camp. • Panhandlers – See SBMC Chapter 9.50.
• Trash left on public space – See SBMC Chapter 7.16.
• Personal property stored in public spaces – See SBMC Chapter 9.96 (Exhibit 5) • Abandoned shopping carts – See SBMC Chapter 9.94
Method for Receiving Encampment Reports
The City receives reports of encampments from City staff, residents, visitors, and other jurisdictions. City staff receive reports by phone, email, in person, and through the SB Connect reporting platform. The preferred reporting method is via SB Connect, which routesreportsto the appropriate staff. Staff may reach out to the reporting party to obtain additional information as necessary.

Site Evaluation and Documentation
Staff assigned to the report shall visit the location of the reported encampment to confirm the presence of an encampment and assess the site to determine the resources necessary. Staff should document the following information, as feasible:
• Based on the report and an initial site visit, staff will determine if a site is an active or abandoned encampment, or if no encampment is present.
• Identify the exact location of the encampment to properly direct work crews and outreach workers.

The location will also determine whether the City has authority to address the encampment, i.e., it is on publicly owned or managed property, Caltrans, or Union Pacific property. • If people are present on the site, staff should document the number of people at the site and identifying factors if they cannot provide a name/identity. Staff should attempt to document any notable characteristics that would be relevant to outreach workers, such as language barriers, children present, high vulnerability such as serious injuries, or behavioral health concerns. Staff should take and save pictures of the site before and after the cleanup.

To the extent feasible, staff should collect the following information to aid in analysis and future programming decisions:
• Site generates numerous calls for service to emergency responders, including law enforcement due to criminal activity, disruptive behavior, or other activities that pose risk to individuals and/or the community at-large.
• Damage to environmentally sensitive areas, such as impacts on water quality. • Damage to public infrastructure.
• Excessive quantities of garbage, trash, or debris.
• The presence of needles, human waste, or other hazardous material. • Other active health hazards to occupants or to the surrounding neighborhood, e.g. vector hazards.

Encampments on Airport Property
The Santa Barbara Police Department’s Community Action Team (CAT) will lead the encampment response on Airport property. This CAT team will triage the site, contact individuals, provide resource information, City of Santa Barbara Page 7 of 13
Encampment Response Protocol
and reach out to other City partners as needed, following the same protocols on Airport property as those used elsewhere in the City of Santa Barbara. As is feasible, Airport staff should provide preliminary details prior to police response such as: confirm location/size of encampment, whether it appears occupied or not, etc. Such details would not require Airport staff to contact encampment dwellers or take law enforcement action.

Encampments on Private Property
The City has no authority to clean up encampments that are located on private property, but staff may work with property owners on identifying solutions to address illegal trespassing on private property. If staff receives reports of encampments on private property, staff should first check with the Police Department whether there is an Authority Letter on file for that property. If an Authority Letter is not on file, staff should contact the property owner and inform them of the requirement to obtain one in order to cite for trespassing. If the encampment creates code violations on the property, code enforcement actions may be taken.

NOTICING REQUIREMENTS AND PROCEDURES
Unless it’s noted otherwise in the Noticing Requirements in Events of Emergency section further in this document, a notice of no less than 24-hours shall be posted prior to clearing an encampment if it is not surrounding an emergency or in a high-risk location or situation. The notice is intended to provide the responsible person(s) with an opportunity to voluntarily vacate the site and to safeguard possessions.

The posting of any notice for clean-up does not give the person permission to camp for the duration of the notice, and they are still potentially subject to citation, arrest, or other enforcement actions under SBMC

15.16.070 and any other relevant local regulations.

The notice shall be posted prominently in the area to be cleaned up, and time-stamped photographs or videos of the clean-up area with the notice clearly visible shall be taken. If staff are physically unable to access the site safely, the notice shall be placed as close as possible to the encampment and in a location where the occupants are likely to see it, such as an entry point or pathway.

The notice shall contain the following information:
(1) The date and time the notice was posted;
(2) The date the clean-up may begin;
(3) The location of the encampment;
(4) Items remaining in the area after the noticing period given will be considered abandoned and will be removed and disposed of, or stored if they are items of value; (5) Notice that items of value will be held for 90 days and a phone number to contact to claim personal property that has been stored;
(6) Information about 211 for referrals to other social services.

See Exhibit 6 for sample notices in English and in Spanish.

If prevented from posting the notice due to hostility or threats, interference, or any other action from the persons on site, staff should immediately request police assistance.

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As part of the noticing process, staff should ask the occupant(s) present if they agree to take all their personal property with them and leave only trash behind. An affirmative or negative indication from the occupant(s) must be included with the clean-up request.

If at any time during the notice period the occupant agrees to go to a shelter, the scheduled clean-up may be postponed until the client is transported to the shelter. During the notice period, if possible, staff should monitor the site to assess the support needed on the day of clean up.

Removal work shall begin no earlier than the date and time written on the notice.

Noticing Requirements in Events of Emergency
There may be certain public health or safety events, like fire or flooding, or an encampment in a high-risk location, during which the City may be unable to provide any advance notice due to the nature of the emergency, and the encampment is subject to immediate removal. The length of time of the notice will depend on the specific heightened safety situation and the feasibility/reasonableness of providing said notice.

Staff shall document circumstances during which notice of less than 24 hours, or no prior notice, was given due to emergencies. Staff shall leave a post removal notice at the clean-up site where no pre-removal notice was given. Post removal notices shall be documented with date and time stamped photographs or video showing the notice in the area of the clean-up.

Noticing Requirements for Encampments in High-Risk Locations or Situations Examples of high-risk locations include, but are not limited to:
• In or near an unstable structure at risk of collapse. Subject to immediate removal with no prior notice.
• Close to traffic or in immediate risk of getting hit by vehicles. Subject to immediate removal with no prior notice.
• Areas of high risk of fire. The amount of advance notice time is dependent on the situation as determined by the Fire Department.
• All waterways and adjacent riparian areas, or areas where pollutants are at risk of being carried into waterways by water or wind. The amount of advance notice is dependent on the situation as determined by City staff.
• Areas at risk of flooding. The amount of advance notice is dependent on the situation as determined by City staff and/or emergency personnel, which can include County or State employees.
• Beaches and/or beach areas at risk of inundation due to weather events. The amount of advance notice is dependent on the situation as determined by City staff and/or emergency personnel.
• On steep slopes or areas that pose environmental dangers to persons residing in the encampment. Notices will be placed in the nearest safely accessible location where likely to be visible to occupants. The amount of advance notice is dependent on the situation as determined by City staff and/or emergency personnel.

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• In locations where the encampment poses a significant environmental or health hazard, such as biological or hazardous waste. The amount of advance notice is dependent on the situation as determined by City staff and/or emergency personnel. • In locations where the encampment impedes the right-of-way, lane of traffic, bike lane, or ADA access, as codified in SBMC 9.96.030 (A.3.). The amount of advance notice is dependent on the situation as determined by City staff and/or emergency personnel. • The area of and within 300 feet of the Airport Terminal Building, as well as the airfield and any restricted area of the Airport. Subject to immediate removal with no prior notice. • This list is not meant to be exhaustive of all potential high-risk areas or situations.

COORDINATION WITH PARTNERS AND SHELTER OFFERS
The practice of coordinating and delivering outreach services to unsheltered persons is a critical aspect of the City’s Encampment Response Protocol.

During the initial site visit of the encampment, staff shall ask all present occupants of the encampment whether they would accept a shelter bed. All offers of shelter shall be documented in writing. Information about warming and sobering centers may be provided as additional information only but shall not be considered to satisfy the requirement to offer alternate shelter. If the shelter offer is accepted, staff shall contact the City Net supervisor, or the Community Development Department staff identified in Roles and Responsibilities section, as soon as is feasible to request transportation and intake to the shelter.

Additionally, staff should provide City Net staff with the individual’s name, photo, date of birth, or other relevant details necessary for City Net to determine whether the person is a current client or working with another service provider. If occupants are not present, staff may proceed with the noticing process, and City Net response shall be requested.

Workers shall not proceed with cleaning up the encampment until the occupant and their belongings are transported to the shelter. City Net will notify staff once the individual is placed into shelter, upon which the encampment site can be cleaned as needed. Staff may offer to schedule collection of waste materials associated with the encampment to minimize community impact while allowing time for engagement by service providers. If the occupants refuse shelter options after an initial acceptance, staff may proceed to Noticing Requirements section below.

If the occupants of the encampment decline shelter offers or are not present, staff may proceed to the Noticing Requirements section above and request City Net to visit the location.

CLEAN UP PROCEDURES AND PROPERTY STORAGE
Clean-up Request Procedures
City staff shall make requests for clean-up of encampments through SB Connect and use the “Description” section to provide the information listed in the Process for Identifying Encampments and Site Evaluation section of this document. The request must be submitted at the time of posting.

The request will be forwarded to Community Engagement staff who will manage the clean-up effort.

Time stamped photographs should be taken before, during, and after removal work has been completed.

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Handling Personal Property
Any personal property remaining on City-owned or controlled property after the noticing period will be handled according to the policies outlined in Section IV of the City’s personal property policy (Exhibit 04), and the City’s public storage ordinance under SBMC 9.96.060. In the event that the materials used to create an encampment are deconstructed and left unattended, the items will be considered no longer an encampment but storage of personal property in a public space and subject to the protocols outlined in the personal property storage ordinance.

Generally, personal property is treated as abandoned only if it has no apparent value and only if it appears that the owner of the property has left it unattended for at least 24 hours. In this circumstance, staff or contractor/vendors may presume that the property has been abandoned and left by the owner as trash or refuse and may be properly disposed of by the City as trash or recycled materials.

To determine whether property has any apparent value, the following factors must be considered:

1. The property is damaged, broken, or used to an extent such that it cannot be used for its intended or original purposes, as well as any other typical alternative uses; or

2. The property is severely soiled, stained, torn, damaged or extensively used particularly for an item of clothing; or

3. The property is not likely to be reclaimed, such as torn or soiled clothing, shoes, blankets, or sleeping bags, damaged or extensively used books or papers; or

4. There is reasonable evidence that the owner does not intend to return to claim the property, or that the owner intended to dispose of the property as refuse or trash. For example, property that was found in or near a trash can or dumpster or the fact that the property has been left for an extended period of days; or

5. The property is in a garbage bag; or

6. The item is so infested with vermin that no one would want to continue to use or possess it.

Items That Will Not Be Collected or Stored
Any personal property may be disposed of immediately and without notice when such property is perishable or is contraband or constitutes an immediate threat to public health or safety as codified under SBMC 9.96.060 (C).

Handling of Property of Value
Property of value shall not be treated as abandoned and shall be retained for safekeeping in accordance with the regulations for handling and storing property outlined in Section III of the City’s Lost and Abandoned Personal Property Policy and SBMC section 9.96.060 (B):

1. Property with an apparent value of $50 or more.

2. Backpacks, duffel bags, purses, or wallets which may contain other items of personal property, or which contain personal documents. Such property may be deemed abandoned if heavily damaged or soiled.

3. Personal items which are reasonably identifiable such as medications, photographs, keys, and identification cards.

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The City will store property of value as defined above for a period of not less than 90 calendar days, at no cost, during which time said property shall be available to be reclaimed by an owner by calling the number on the notice and who provides adequate proof of ownership.

Procedures in the Event the Encampment is Not Vacated
After the noticing period, the encampment should be vacated, and all personal belongings removed prior to the clean-up crew’s arrival. Cleaning should not begin if inhabitants of the encampment have not vacated or are in the immediate vicinity. Moving a few feet is not compliance with the notice to vacate. If the encampment is not vacated, the work crew should not interact with anybody remaining on the encampment site and shall notify City staff and/or law enforcement for assistance. If people are packing and appear to be vacating the site, then a reasonable amount of time will be allowed, e.g. 20 minutes. If vacating is taking longer than a reasonable amount of time, then law enforcement may take enforcement actions at their discretion.

Post Clean-up Procedures and Interventions
The clean-up crew will dispose of all waste materials at the Annex Yard or at MarBorg industries, recording the weight of material disposed of. Property of Value will be logged and secured in the designated locked storage container.

Staff may determine other interventions or strategies (e.g. re-planting vegetation, warning signage, regular outreach, or monitoring) to prevent re-establishment of an encampment. Staff may consult with the City’s Encampment Response Team or Neighborhood Improvement Task Force for possible interventions.

Clean-Ups on Caltrans or Union Pacific Railroad Property Encampments on Caltrans or UPRR property have extra considerations and policies to follow. City staff and contractors/vendors shall follow City policies, as well as the policies of Caltrans identified in the Consent Letters and UPRR, as identified in the MOU. Both documents are attached as Exhibits 1 and 2. Clean-up work must be coordinated with Caltrans or UPPR to have lane shutdowns or flaggers, etc. as needed.

SAFETY PROTOCOLS
The City of Santa Barbara emphasizes safety in all employee and contractor performance. All City staff, contractors/vendors, and service providers conducting site assessments, outreach, or performing any work near or within the encampment site will comply with all safety rules and protocols established by the City of Santa Barbara’s Injury-Illness Prevention (IIPP) Program.

When City staff determine that a location is an encampment, staff should not enter or handle any of the materials unless they are specially trained and instructed to do so. Staff shall report the location via SB Connect. If a photograph of the location can be taken safely, it shall be submitted with the request. If conditions are observed in the encampment that may endanger the health and safety of responding workers, those details should be included in the request. If there are imminent threats to health and safety such as an open fire, uncontained hazardous materials, or threatening behavior, staff should immediately call 911.

All materials at an encampment site shall be handled only by workers specifically trained and equipped with the appropriate personal protective equipment (PPE) to do so safely.

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Clean-up crews shall be trained at minimum on the following, but may also receive additional training for specific circumstances:
• New Employee Safety Training
• Asbestos Awareness
• Disaster Preparedness
• Fire Extinguisher Training
• Fleet Safety
• Heat Illness for Outdoor Workers
• Heat-Related Illness Prevention
• Hazard Communication
• Workplace Security
• Respiratory Protection
• Emergency Medical Care – Certified for CPR/AED/First Aid/Ergonomics • Infection Control
• Personal Protective Equipment (PPE)
• COVID-19 Prevention Program (Required through 2/3/2025) Additionally:
• Hypodermic Needle Handling
• Cleaning Infectious Waste
• Any training deemed necessary by the clean-up crew supervisor or Risk Management The Sustainability & Resilience Department will establish and maintain encampment clean-up specific trainings as necessary to maintain staff, contractor/vendor, and resident safety. Other staff involved in the response process shall be trained by their respective Departments in order to safely and effectively implement duties they are responsible for.
-end-
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EXHIBITS

1. Consent Letter for Service Providers Accessing Encampments on Caltrans Property (MTC-0131B, New 02/2021)

2. Consent Letter (TR-0131, Rev. 7/2013)

3. MOU with Union Pacific Railroad Company

4. City of Santa Barbara Policy on Lost and Unclaimed Personal Property and Abandoned Property Found on City-Owned Property

5. Personal Property Stored in Public Spaces (SBMC Chapter 9.96)

6. Sample Notices
Exhibit 1
Exhibit 2

MEMORANDUM OF UNDERSTANDING
BETWEEN THE C\TY OF SANTA BARBARA

AND UNION PACIFIC RAILROAD COMPANY
^ ^ I
This Memorandum of Understanding ("MOU") is made and entered into this 18th day of April, 2019, by and between the City of Santa Barbara, a municipal corporation, hereinafter referred to as "City", and Union Pacific Railroad Company, a Delaware corporation, hereinafter referred to as "UP".

RECITALS
A. The City is an oceanfront community located on the Central California coast north of Los Angeles. Residents enjoy local resources that include beaches, an active arts and crafts community, parks and recreation programs, a University of California campus, a zoo, and the Mission Santa Barbara. To promote public health and safety and quality of life for residents, the City endeavors to abate blight and nuisance on public and private property.

B. UP owns and operates approximately 5.9 miles (in distance) of mainline railroad right of way in the City of Santa Barbara (hereinafter referred to as the "Railroad Corridor"), as shown on the map attached as Exhibit "A". Both freight and passenger trains operate on the Railroad Corridor.

C. Due to its location and nature, the Railroad Corridor experiences trespassing, unlawful encampments, dumping, graffiti, and other illegal activities by third parties despite UP's efforts to protect against these activities. City police officers and railroad special agents provide law enforcement on the Railroad Corridor.

D. In furtherance of their shared interest in reducing illegal activity and improving public safety, the City and UP entered a Memorandum of Understanding dated April 17, 2007 (as later amended, the "2007 MOU") to establish a cooperative process for removing trash, debris, illegal encampments, graffiti, and vegetation from the Railroad Corridor. To improve these efforts, the parties now wish to terminate the 2007 MOU and enter a new agreement to memorialize updated terms for their cooperative process.

Now, therefore, City and UP express their understanding as follows:

AGREEMENT
Section 1. Incor oration of Recitals.

The recitals set forth above are hereby incorporated into the terms of this MOU.

Exhibit 3
Section 2. Termination of 2007 MOU.

The parties hereby terminate the 2007 MOU.

Sections. Coo erative Process.

To help reduce trash, debris, illegal encampments, graffiti, and vegetation from the Railroad Corridor, the parties will do the following:

3. 1 Ci 's Partici ation.

3. 1. 1 The City will oversee and manage one-day quarterly clean-ups based upon an annual clean-up plan to be prepared by the City, and periodic on-demand clean-ups as necessary not to exceed 15 in one City fiscal (July 1st through June 30th) year. A quarterly clean-up is defined as a City-sponsored clean-up at or along the Railroad Corridor, including but not limited to trash, debris, homeless encampments, graffiti, vegetation and weed removal. An on-demand clean-up is a City-sponsored clean-up that focuses on specific locations that need immediate response to public safety issues or public concerns. The City will provide 10 business days' notice to UP of the dates of the quarterly clean-ups. City will provide a status report to the UP contact person after each clean-up.

3. 1.2 The City will regularly provide graffiti removal, including equipment supplies and labor costs. City will provide an annual report to UP on the incidents of graffiti removal.

3. 1.4 The City will provide enforcement for areas of the Railroad Corridor in which cars are illegally parking.

3. 1.5 The City will conduct joint, periodic inspections of the UP properties located in the City and record the location of any blighted conditions found in such inspections. The City will make available the information concerning location of sites inspected and conditions found for review by UP upon reasonable request.

3. 1.6 The City will support and partner with UP on any Railroad Corridor safety awareness.

3. 1. 7 The City will identify on an ongoing basis areas along the Railroad Corridor that would benefit from fencing or landscaping to reduce criminal activity and provide the specifications for new fencing and existing fencing improvements. All new fencing will be installed on the Railroad Corridor property line.

3. 1.8 The City will repair fencing, gates, and barriers protecting the Railroad Corridor from unauthorized entry.

3. 1.9 The City will attempt to coordinate City enforcement efforts with UP. In addition, City wilt make reasonable efforts to work with the UP contact person when

there is an enforcement action in the Railr&ad Corridor. The City will provide notice for the cleanup of homeless encampments during all City-sponsored clean-up events.

3. 1. 10 The City will present to UP an annual budget, not to exceed $82, 000. 00. by May 30tt1 preceding each City fiscal year for City work on the Railroad Corridor. The budget will include unit cost breakdowns for all work. The City will cease all work in the Railroad Corridor and notify UP when budgeted funds are exhausted in the given fiscal year. Work will continue if UP approves additional work and provides adequate additional funding.

3. 1. 11 The City will submit bills for reimbursement to UP on a monthly basis.

3. 1. 12 As needed, the City will attend meetings with UP to discuss this MOU.

3. 1. 14 The City will work with UP on surveillance, sweeps, and "stings" along the Railroad Corridor related to enforcement, including specifically drug activity, graffiti, and other criminal behavior.

3.2 UP'sPartici ation.

3.2. 1 At no cost to the City, if needed UP will provide rail equipment to City, required flagging, and labor to assist in City clean-ups as set forth in this MOU.

3. 2. 2 UP will reimburse the City, up to the maximum amount set forth in Section

3. 1. 10 above, for the cost of clean-ups and graffiti removal from UP owned structures, and for the cost of repairing and maintaining fencing, gates, and barriers protecting the Railroad Corridor from unauthorized entry. The City will perform work as specified above and wilt not exceed the annual budget provided to UP without UP's prior approval. UP will pay reimbursement within 30 days of receipt of an invoice from the City.

3. 2. 3 UP will work with City to develop ways to prevent illegal parking on the Railroad Corridor (e. g., use of boulders, signage, etc. ).

3. 2.4 UP wit conduct joint, quarterly inspections of the UP properties located in the City and record the location of any blighted conditions found in such inspections.

The information concerning location of sites inspected and conditions found will be made available for review by the City upon reasonable request.

3. 2. 5 UP will install and maintain "No Trespassing" and "No Dumping" signs at designated UP locations adjacent to City property to be determined in consultation with City representatives. The signs will provide contact information for UP and the City to report illegal dumping and will be printed in English and Spanish.

3.2.6 UP will install fences or adequate barriers at specified UP properties to be determined in consultation with City representatives. The fences or barriers must be of a type, design, and material mutually acceptable to both parties.

3. 2. 7 UP will work with the City with surveillance, sweeps, and "stings" along the Railroad Corridor related to enforcement, including specifically drug activity, graffiti, and other criminal behavior.

3. 2.8 UP will instruct UP employees to report to the City any criminal activity and areas with graffiti, trash, and encampments that UP the UP employees may observe,

3. 2. 9 Upon request from the City, UP will provide updated police authorization letters to the City so that the City's Police Department may cite illegal trespassers, tow illegally parked vehicles, and perform other law enforcement activities on UP's property.

3. 2. 10 As needed, UP will attend meetings with the City to discuss this MOU.

Section 4. Ci Access to UP Pro e .

4. 1 By this MOU, UP grants the City a limited right of entry to the Railroad Corridor for the City to perform Clean Ups, graffiti removal, and law enforcement activities as outlined in this MOU.

4.2 Notwithstanding Section 4. 1, the City may not have personnel, equipment, materials, or vehicles within 25 feet of a track on the Railroad Corridor unless and until a railroad flagman is present and any additional safety measures required by UP have been met. "The City may request a flagman by calling the UP representative identified in Section 8.7 at least 48 hours before the City's proposed entry.

4. 3 Notwithstanding anything to the contrary in this agreement, City law enforcement personnel are not required to request a flagman before entering the Railroad Corridor or coming within 25 feet of a track for purposes of enforcing criminal laws, including the pursuit of graffiti vandals or othere involved in criminal activity on or about railroad property.

Section 5. UP Compliance
The parties agree that UP's compliance with all of the substantive terms of this MOU will be deemed to constitute good faith compliance with the City's laws and regulations regarding abatement of vegetation, graffiti, and trash.

Section 6. Indemni. .

Each party to this MOU will be responsible for its own acts and omissions in relation to its performance of the MOU, including, without limitation, death or injury to employees or third parties, damage to property, and compliance with applicable laws.

The party responsible for such a loss will indemnify, defend, and hold harmless the other party from and against any claim arising from such an incident, except to the extent that such a claim arises out of the acts or omissions of the party seeking indemnity. Nothing in this MOU is meant to be or will be construed to be a modification

or waiver of any defense or immunity against a claim that is available to either party under applicable law
Section 7. Term.

This MOU will be effective when signed by the City and UP. The parties will review this MOU at least once every three years to determine whether it should be revised, updated, or terminated. Either party may terminate this MOU by providing 90 days written notice to the other party.

Section 8. GENERAL PROVISIONS.

8. 1 Governin Law. Except on subjects preempted by federal law, this MOU will be governed by and construed in accordance with the laws of the State of California.

Nothing herein is meant to be or will be interpreted to be a waiver of principles of legal preemption or preclusion that may apply to UP because of its status as a common carrier regulated by the federal government.

8.2 Inter relation. The section and paragraph headings in this MOD are for convenience only and wilt not be used for any purpose in the interpretation of this agreement. When the context requires, the plural will include the singular and the singular the plural. References to agreements or contracts are to such agreement or contract as may be amended, restated, or otherwise modified from time to time. The words "include, " "includes, " and "including" are used without limitation and are deemed to be followed by the phrase "without limitation. " Notwithstanding specific references to "good faith," the duty of good faith and fair dealing applies generally with respect to this MOU, except where the context requires otherwise.

8. 3 Amendments. This MOU may only be modified or changed by written amendment signed by authorized representatives of the parties.

8.4 Relationshi of the Parties. Each party is and will at all times be and remain independent from the other party and will not be deemed an agent, fiduciary, partner, joint-venturer, employee, or employer of the other party. Nothing contained herein will have the effect of creating a trust, joint venture, partnership, or employment relationship between the parties. Neither party has any right or power to obligate or bind the other party in any manner whatsoever.

8.5 Assi nment. This MOU and any rights and obligations created by it may not be assigned in whole or in part by either party without the prior written consent of the other party.

8.6 Waivers. Any waiver, modification, consent, or acquiescence with respect to any provision of this MOU must be set forth in writing and duly executed by or on behalf of the party to be bound by it. No waiver by either party of any breach will be deemed a waiver of any other or subsequent breach.

8.7 Notices. Any communication, notice, or demand of any kind whatsoever which either party may be required or may desire to give to or serve upon the other must be in writing and delivered by personal service (including express or courier service) or by registered or certified mail, postage prepaid, return receipt requested, or by a nationally recognized overnight delivery service, in each case addressed as follows:

UPRR: Union Pacific Railroad Company
Attn: Kristina Stonner
Manager II Programs
1400 Douglas Street, Mail Stop 10. 80
Omaha, NE 68179
Telephone: (402) 544-8007
With a copy to:

Patrick R. McGill
Union Pacific Railroad Company
1400 Douglas Street
Omaha, NE 68179
Telephone: (402) 544-5761
City: Jim Dewey
City of Santa Barbara
Public Works Department, Attention Streets Operations & Infrastructure Manager 630 Garden Street
Santa Barbara, CA 93101
Telephone: (805) 564-5599
Without requiring an amendment to this MOU, either party may change its address for notice by written" notice given to the other party in the manner provided in this Section.

Any such communication, notice, or demand will be deemed to have been duly given or served on the date personally served, if by personal service; three (3) days after being placed in the U.S. Mail. if mailed; or one (1) day after being delivered to an overnight delivery sen/ice, if sent by overnight delivery.

8. 8 No Third-Pa Beneficiaries. This MOU is for the exclusive benefit of the parties to it and not for the benefit of any third party

8. 9 Entire A reement. This MOU constitutes a single, integrated, written contract expressing the entire agreement of the parties on the subjects addressed herein. No covenants, agreements, representations, or warranties of any kind whatsoever have been made by either party, except as specifically set forth herein. All prior discussions and negotiations have been and are merged and integrated into, and superseded by, this MOU.

8. 10 Author! and Bindin Effect. Each individual executing this MOU affirms that he or she has the capacity set forth on the signature pages and has full power and authority to execute this MOU and, through his or her execution, bind the party on whose behalf he or she is executing the MOU.

8. 11 Counter arts. This MOU may be signed in counterparts, each of which will be deemed an original but all of which will together constitute one and the same instrument.
[Signature Page Follows]

The parties have executed this MOD on the date first written above.

C\jy OF SANTA BARBARA
BY:
^
Paul C sey
City Administra or

UNION PACIFIC RAILROAD COMPANY
BY:
ristina Stonner
Manager II Programs
Dated /^"/ ~~/
APPROVED AS TO CONTENT:

BY Z.
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APPROVED AS TO INSURANCE:

BY:(^/^<^^^-^^'^L ^-o^
Mark Howard
Risk Manager
APPROVED AS TO FORM:

Ariel Calonne
City Attorney
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ssistant City Attorney

City of Santa Barbara Policy on Lost and Unclaimed Personal Property and Abandoned Property Found on City-Owned Property Adopted Pursuant to the Authority of
State Civil Code Section 2080.6
I. Purpose:

The purpose of this policy is to establish a process for the storage and restoration of lost or temporarily unclaimed personal property to its rightful owner in a manner consistent with state law, in particular, Chapter 4 of Title 6, Part 2 of Division 3 of the California Civil Code (§§2080 – 2080.10.)
City employees regularly come across possible lost, misplaced, or abandoned personal property and other items on City-owned real properties. As a result, this City policy is intended to set forth the procedures and rules to be followed by all City employees for identifying, inventorying, storing, and, whenever possible, for the restitution of such property to its rightful owner. Nothing herein shall be deemed to alter or amend the obligation of the Police Department, or other City employees, to comply with the requirements of Civil Code Section 2080.10 or the state Penal Code, with respect to personal property which has temporarily been received by the City for temporary safekeeping or evidence purposes.

This policy properly establishes when City rules and regulations regarding personal property and other items that have been intentionally abandoned, disposed of or thrown away and provides guidelines for the correct and prompt disposal of intentionally abandoned and unwanted personal property.

The City of Santa Barbara will implement these procedures in a manner which balances the needs and rights of all of its citizens, and the public’s concern of health and safety.

II. Definitions:

For the purposes of this policy and related City rules and regulations, all capitalized terms herein are used in the manner defined in the state Civil Code or as defined below:

A. Abandoned Property: Property will be determined on a case-by-case basis in accordance to state Civil Code section 2080.7 and state law. Photographic examples of what typically constitutes “Abandoned Property” are attached hereto as exhibits to this policy.

B. Lost Property: Property of any value found on City property or taken control of by a City employee or contractor.

Exhibit 4

C. Unclaimed Property: Property of value which remains unclaimed by the owner after being stored by the City for a period of 90 days or more, in accordance with the requirements of state law.

D. Airport Facility Property: The area of and within 300 feet of the Airport Terminal Building, as well as, the Airfield and any Restricted Area of the Airport.

E. Harbor District: The entire waterfront of the City. (Ord. 5386, 2006; Ord. 4757, 1992; Prior Code §24.1.)
F. Special Clean-up: A department or multi department special event scheduled to remove debris and materials located on City-owned or controlled property (not an ongoing or regularly scheduled cleaning practice).

III. Procedures for Handling Lost Property Found on City-Owned Property:

A. Initial Handling and Inventory of Lost Property.

When a City employee (or an agent of the City) finds unattended personal property of any value (however small) on City property which does not appear to have been abandoned, he or she shall take the following steps with respect to securing that property and preserving it for return to its proper owner:

1. Effort to Locate the Owner. Determine if the property owner is in the vicinity by inquiring of those persons (if any) whether they are the owner of the property or if they know who owns the property.

2. Handling of Lost Property. After a reasonable, but unsuccessful attempt to locate the owner and a determination has been made that the property is lost, it shall be tagged. This will occur either in the field or as soon as possible upon return to the City facility, and placed in a storage bag if necessary. At a minimum, information regarding the items original location, date and time of pick-up, and a description of the item, including any uniquely identifying characteristics, shall be provided on the property tag.

3. Ownership or Identification Information. The City employee (or agent of the City), finding any apparently Lost Property shall also examine the property, in a reasonable and safe manner, in order to determine if the name, address or phone number of the owner of the property can be found or located on said property. If the name of the apparent owner of the Lost Property is found, the name, address, or phone number obtained shall be listed on the property tag.

4. Transportation of Items for Storage. An item with a value of $50 or greater shall be transported to the Police Department. Items with a value of less than $50 will be taken to the department’s designated Lost and Found for storage and safe keeping. These items shall be stored for a period of not less

than 90 days in accordance with state law and the requirements of Section B below.

5. Airport Terminal and Related Facilities: Lost Property discovered on Airport Facility Property will be handled in accordance with the Airport Department’s Unattended Item Policy. Airport Department personnel will hold Lost Property at the Security Operations Center and in compliance with the Airport Policy regarding Lost and Found Property.

6. Harbor District: Marine equipment items discovered within the Harbor District will be held at the Waterfront Impound Facility, in compliance with this policy. All other Lost Property of Value discovered in the Harbor District will be handled as outlined in the policy.

B. Storage of Lost Property.

Pursuant to California Civil Code Section 2080.6, the City will hold all Lost Property for a period of not less than 90 calendar days, during which time said property shall be available to be reclaimed by an owner who provides adequate proof or other indicators of ownership.

1. Property of $50 Value or Greater. If the Lost Property appears to be have a value of $50 or more,it will be tagged and transported by the City employee or agent of the City to the City Police station for safekeeping in accordance with the requirements of California Civil Code section 2080.1. Police personnel shall make all reasonable efforts to contact the owner of the property in order to advise the owner that his or her property may be in the possession of the Santa Barbara Police
Department and to advise them on how it may be reclaimed. Notice to the owners of property shall be performed in a manner which is reasonably calculated to provide effective notice.

Lost property discovered at the Airport Facility Property or on Airport Property will be held by Airport Department personnel at the Security Operations Center and Airport Department personnel shall make all reasonable efforts to contact the owner of the property and will hold the property for a period of no less than 90 days.

Marine equipment discovered in the Harbor District will be held by the Waterfront Department at the Waterfront Impound Facility. Waterfront personnel shall make all reasonable efforts to contact the owner of the property and will hold the property for a period of no less than 90 days.

2. Items less than $50 Value. If the Lost Property has a value of less than $50 and is not Abandoned Property, it will be tagged and transported to the department’s designated Lost and Found for storage of a period of not less than 90 days in accordance with the requirements of the state Civil Code.

Department personnel shall make all reasonable efforts to contact the owner

of the property in order to advise the owner that his or her property may be in the possession of the department and where the item can be claimed. In addition, Departments shall publicly post information regarding the storage and retrieval of Lost Property on the Department web site or on a City maintained inter-departmental website.

C. Retrieval of Lost Property and Storage Fees.

1. Process for Retrieval of Lost Property Stored at the Police Department and Storage Fees. The Police Department shall establish a process for an owner to identify and claim his or her property at the lobby of the Police Department. Upon full payment of the established City storage fees, the owner can utilize the public counter at the Police Department Building to identify and claim property A description of this “claim” process shall be prominently posted in the lobby of the Police Department Building and City Departmental personnel shall make the public aware of this process upon request, either in person or in connection with phone inquiries.

The Police Department may establish, in the adoption of its annual fees and charges resolution, a reasonable amount as a daily Police Property storage fee in order to reimburse the Department for maintaining its Lost Property storage.

2. Process for Retrieval of Lost Property Items Stored by Departments and Storage Fees.

Departments shall establish a process for an owner to identify and claim his or her property and establish a designated site(s) for retrieval of items. During the storage period, the property may be claimed by a person who is able to properly identify it as being his or her personal property.

The City may require payment of reasonable fees for its transportation and storage of Lost Property Items of Less than a $50 Value and fees will be established by Council resolution. Fees may be waived or reduced at the discretion of the Department Head or their designee upon written application and demonstrated good cause as determined appropriate by the Department Head.

D. Disposition of Unclaimed Property After 90-Day Holding Period. As provided for in Civil Code sections 2080.1, 2080.3 and 2080.6, upon the expiration of the 90- day storage period, any and all unclaimed items with a value of $100 or more may be claimed by the person finding the property, unless the property was found in the course of employment of the City, in which case the property shall be sold at public auction. Unclaimed items may be disposed of at a public auction (including an online auction) to the highest bidder. Notice of the public sale shall be given at least five days before the time set for the public auction. This notice will be published in a newspaper of general circulation published in Santa Barbara County. Any property

remaining unsold after being offered at such public auction, or items of less than $100 value, may be, disposed of or destroyed by the City as provided by law.

E. Civil Code Section 2080.10. Nothing herein shall be deemed to alter or amend the obligation of the Police Department, or other City employees, to comply with the requirements of Civil Code Section 2080.10 or the state Penal Code, with respect to personal property which has temporarily been received by the City for temporary safekeeping or evidence purposes.

IV. Handling and Disposal of Abandoned Property:

A. Factors For Determining Property to be Abandoned. Whether property has been abandoned will be determined on a case-by-case basis. Generally, personal property should be treated as abandoned only if it has no apparent value and only if it appears that the owner of the property has left it unattended for at least 24 hours.

In order to maintain public health and safety, abandoned items that have been left in waterways and pose a risk during the rainy season or during a high rain event will be removed promptly. Items that pose a potential fire hazard to City property or facilities or are located on Airport Facility Property will be removed promptly and disposed of in accordance with this policy.

When personal property has no apparent value and has been apparently left unattended for a period of 24 hours or more, the City employee or agent finding such property may presume that the property has been abandoned and left by the owner as trash or refuse. As such it may be properly disposed of by the City as trash or recycled materials. Photographic examples of Abandoned Property are attached as exhibits.

In determining whether property has any apparent value, the following factors are to be considered:

1. The property is damaged, broken, or used to an extent such that it cannot be used for its intended or original purposes as well as any other typical alternative uses; or

2. The property is extensively soiled, stained, torn, damaged or extensively used particularly for an item of clothing; or

3. The property is not likely to be reclaimed, such as torn or soiled clothing, shoes, blankets, or sleeping bags, damaged or extensively used books or papers; or

4. There is other reasonable evidence that the owner does not intend to return in order to claim the property or that the owner apparently intended to dispose of the property as refuse or trash. For example, property that was found in or near a trash can or dumpster or the fact that the property has been left for an extended period of days; or

5. The property is in a garbage bag; or

6. The item is so infested with vermin (e.g., lice or maggots) that no one would want to continue to use or possess it.

B. Property of Value Shall Not be Treated as Abandoned Property. The following items shall be treated as “Property of Value” and retained for safekeeping in accordance with the regulations for handling and storing property outlined in section III of this policy:

1. Property with an apparent value of $50 or more.

2. Back packs, duffel bags, purses, or wallets which may contain other items of personal property or which contain personal documents. Such property may be deemed as being abandoned if heavily damaged or soiled.

3. Personal items which are reasonably identifiable such as medications, photographs, keys, and identification cards.

C. Perishable Items. Perishable items, such as food, may be presumed to be abandoned property.

D. Proper Handling of Abandoned Property. In accordance with state Civil Code section 2080.7, upon a determination by the City employee (or City agent) that the found property was apparently abandoned by the owner, the City employee or agent finding such property may handle the abandoned property like any other trash or refuse item and dispose of it in accordance with the law and within the discretion of the employee’s City department (or City agent) who finds the abandoned property and as established by this policy.

E. City or Personal Use or Retention of Abandoned Property. In no case shall property be determined to be abandoned and then retained by the City for City use or retained by a City employee for that employee’s personal use or for donation to another individual or group.

F. Review of Lost and Abandoned Property Policy. Upon adoption of this policy the departments will conduct training on a regular basis (such as once per year) where the policy will be reviewed with department personnel and contractors assigned to the maintenance of City owned real property.

VI. Supplemental Regulations:

The Chief of Police and Department Heads, may adopt, implement, and use additional departmental regulations and guidelines consistent with this Policy as they deem necessary to supplement and implement this Policy and these City regulations.

CHAPTER 9.96

PERSONAL PROPERTY IN PUBLIC PLACES
§ 9.96.010. Definitions.

The following definitions apply to the interpretation of this chapter.

City Employee. Any full- or part-time employee of the City or an independent contractor retained by the City for the purpose of implementing this chapter.

Essential Personal Property. Any and all personal property cumulatively not more than four cubic feet in volume or an amount of property capable of being carried within a large capacity backpack, whichever is greater.

Excess Personal Property. Any and all personal property that cumulatively exceeds the amount of property defined as essential personal property.

Personal Property. Has the meaning as defined in Section 1.04.110 of this Code.

However, for purposes of this Chapter, personal property does not include:

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

Store, Stored, Storing, or Storage. To put aside or accumulate for use or to put for safekeeping, or to place or leave for more than four hours. Placement of personal property for collection and disposal by a franchise waste hauler in accordance with Chapter 7.16 of this Code is not considered storing or storage as used in this chapter.

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

Storage Facility. Any facility, whether operated by a public, non-profit, or private provider, that allows and has capacity for voluntary storage, free of charge, of essential personal property.

Unattended. Personal property is unattended when there is no person present who asserts or claims ownership over the personal property. Indicia of unattended personal property includes, but is not limited to, the act of leaving the personal property in a public area so that it may be appropriated by the next comer. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.
( Ord. 6113, 2023)
Operational personal transportation or mobility devices, such as bicycles, walkers, wheelchairs, strollers, scooters, and trailers attached to an operational bicycle;

1. 2. Motor vehicles.

City of Santa Barbara, CA
§ 9.96.010 § 9.96.030
Downloaded from https://ecode360.com/SA5006 on 2024-07-26 Exhibit 5
§ 9.96.030. Storage of Personal Property Prohibited.
( Ord. 6113, 2023)
§ 9.96.040. Abatement of Stored Personal Property.

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

1. Store any unattended personal property in a public area;

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

3. Leave attended or unattended for any period of time any personal property in a crosswalk; curb ramp; pedestrian pathway; on-or off-street area designed or designated for parking of vehicles of any type; business entryway; bicycle lane; travel lane of any street; landscaped or planted area of a street or sidewalk; area within 10 feet of a fire hydrant; railroad crossing; bus stop; or public area so as to obstruct City operations, including street or sidewalk maintenance, repair or cleaning;

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

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

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

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

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

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

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

1. With pre-removal notice as specified in Section 9.96.050.A, the City may impound any unattended personal property stored in a public area in violation of Section 9.96.030.A.1.

City of Santa Barbara, CA
§ 9.96.030 § 9.96.040
Downloaded from https://ecode360.com/SA5006 on 2024-07-26 ( Ord. 6113, 2023)
§ 9.96.050. Pre- and Post-Removal Notice.

2. With pre-removal notice as specified in Section 9.96.050.A, the City may impound any attended excess personal property stored in a public area, stored in violation of Section 9.96.030.A.2.

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

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

A. Pre-Removal Notice. Except when immediate removal is authorized by Section

9.96.040, unattended personal property stored in violation of this chapter shall be impounded only after a pre-removal notice is left at or near the location of the personal property. Pre-removal notice shall be deemed provided if a written notice is directly delivered to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property and the actual removal commences no less than four hours after the pre-removal notice is posted.

The written notice shall contain the following:

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

2. The location from which the personal property will be removed;

3. The date and time the notice was posted;

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

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

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

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

8. A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.

B. Post-Removal Notice. Upon the removal of stored personal property, written notice shall be conspicuously posted in the area from which the personal property was City of Santa Barbara, CA
§ 9.96.040 § 9.96.050
Downloaded from https://ecode360.com/SA5006 on 2024-07-26 ( Ord. 6113, 2023)
§ 9.96.060. Storage and Disposal.
( Ord. 6113, 2023)
§ 9.96.070. Repossession.

The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, governmentissued identification is not required to claim impounded personal property. removed. The written notice shall contain the following:

1. A general description of the personal property removed;

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

3. A statement that the personal property was stored in a public area in violation of the specific code section;

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

5. A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.

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

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

B. Except as specified herein, the City shall store impounded personal property for 90 days, after which time, if not claimed, it may be discarded. The City shall not be required to undertake any search for, or return, any impounded personal property stored for longer than 90 days.

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

City of Santa Barbara, CA
§ 9.96.050 § 9.96.070
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§ 9.96.080. Unlawful Conduct.
( Ord. 6113, 2023)
A. This chapter establishes a summary abatement remedy for the unlawful storage of personal property in public areas. The civil and criminal penalties of Chapters 1.25 and 1.28 of this Code shall not apply to violations of Section 9.96.030.

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

C. Nothing in this chapter shall be construed to authorize any activity prohibited by Section 7.16.060 of this Code. Nothing in this chapter shall be construed to regulate storage of personal property on private property.

City of Santa Barbara, CA
§ 9.96.070 § 9.96.080
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CLEAN-UP
24-HOUR NOTICE
Posted Date:____________________ Posted Time:____________________ Clean-Up Begins:_________________ Location:_______________________ There will be a clean-up of this area at least 24 hours after the posted date and time on this notice. All personal property must be removed from the area. Property remaining in the area may be considered abandoned and taken to the County landfill for disposal. Property of value will be retained by the City for 90 days, after which it will be disposed of. To claim property of value call (805) 448-0117. Remaining at this location can result in an arrest or citation for: 602 P.C. – Trespassing 374.4 P.C. – Littering 15.16.070 M.C. – Unlawful Camping

14.56.020 M.C. - Illegal Activities Relating to Watercourses 14.56.030 M.C. – Unlawful Activities Relating to the City Storm Drain System
For free, confidential 24/7 information and referrals for social services, call 211.

Questions regarding this clean-up can be directed to (805) 448-0117.

City of Santa Barbara

CLEAN-UP
24-HOUR NOTICE
Posted Date:____________________ Posted Time:____________________ Clean-Up Begins:_________________ Location:_______________________ There will be a clean-up of this area at least 24 hours after the posted date and time on this notice. All personal property must be removed from the area. Property remaining in the area may be considered abandoned and taken to the County landfill for disposal. Property of value will be retained by the City for 90 days, after which it will be disposed of. To claim property of value call (805) 448-0117. Remaining at this location can result in an arrest or citation for: 602 P.C. – Trespassing 374.4 P.C. – Littering 15.16.070 M.C. – Unlawful Camping

14.56.020 M.C. - Illegal Activities Relating to Watercourses 14.56.030 M.C. – Unlawful Activities Relating to the City Storm Drain System For free, confidential 24/7 information and referrals for social services, call 211.

Questions regarding this clean-up can be directed to (805) 448-0117.

Exhbit 6
Ciudad de Santa Bárbara

LIMPIEZA
AVISO DE 24 HORAS
Fecha de publicación:_______________ Hora de publicación:________________ Comienza la limpieza:_______________ Ubicación:________________________ Se procederá una limpieza de esta zona al menos 24 horas después de la fecha y hora anunciadas en este aviso. Todos los bienes personales deben ser retirados de la zona. Los bienes que permanezcan en la zona podrán ser considerados abandonados y llevados al vertedero del condado para su eliminación. Los bienes de valor serán retenidos por la Ciudad durante 90 días, después de lo cual serán eliminados. Para reclamar bienes de valor llame al (805) 448-0117. Permanecer en este lugar puede resultar en un arresto o infracción por: 602 P.C. – Allanamiento 374.4 P.C. – Tirar basura 15.16.070 M.C. – campar ilegalmente 14.56.020 M.C. - Actividades ilegales relacionadas con los cursos de agua 14.56.030 M.C. – Actividades ilícitas relacionadas con el sistema de alcantarillado pluvial de la ciudad Para obtener información gratuita y confidencial 24 horas al día, 7 días a la semana, y derivaciones a servicios sociales, llame al 211.

Las preguntas relativas a esta limpieza pueden dirigirse al (805) 448-0117.

Ciudad de Santa Bárbara

LIMPIEZA
AVISO DE 24 HORAS
Fecha de publicación:_______________ Hora de publicación:________________ Comienza la limpieza:_______________ Ubicación:________________________ Se procederá una limpieza de esta zona al menos 24 horas después de la fecha y hora anunciadas en este aviso. Todos los bienes personales deben ser retirados de la zona. Los bienes que permanezcan en la zona podrán ser considerados abandonados y llevados al vertedero del condado para su eliminación. Los bienes de valor serán retenidos por la Ciudad durante 90 días, después de lo cual serán eliminados. Para reclamar bienes de valor llame al (805) 448-0117. Permanecer en este lugar puede resultar en un arresto o infracción por: 602 P.C. – Allanamiento 374.4 P.C. – Tirar basura 15.16.070 M.C. – campar ilegalmente 14.56.020 M.C. - Actividades ilegales relacionadas con los cursos de agua 14.56.030 M.C. – Actividades ilícitas relacionadas con el sistema de alcantarillado pluvial de la ciudad Para obtener información gratuita y confidencial 24 horas al día, 7 días a la semana, y derivaciones a servicios sociales, llame al 211.

Las preguntas relativas a esta limpieza pueden dirigirse al (805) 448-0117.

City of Santa Barbara

POST CLEAN-UP
NOTICE
Clean-up Date:___________________ Clean-up Time:__________________ There was a clean-up of this area at the above stated date and time. Property of value will be retained by the City for 90 days, after which it will be disposed of. All other items have been taken to the County landfill for disposal. To claim property of value call (805) 448-0117. Remaining at this location can result in an arrest or citation for: 602 P.C. – Trespassing 374.4 P.C. – Littering 15.16.070 M.C. – Unlawful Camping

14.56.020 M.C. - Illegal Activities Relating to Watercourses 14.56.030 M.C. – Unlawful Activities Relating to the City Storm Drain System For free, confidential 24/7 information and referrals for social services, call 211.

Questions regarding this clean-up can be directed to
(805) 448-0117.

City of Santa Barbara

POST CLEAN-UP
NOTICE
Clean-up Date:___________________ Clean-up Time:__________________ There was a clean-up of this area at the above stated date and time. Property of value will be retained by the City for 90 days, after which it will be disposed of. All other items have been taken to the County landfill for disposal. To claim property of value call (805) 448-0117. Remaining at this location can result in an arrest or citation for: 602 P.C. – Trespassing 374.4 P.C. – Littering 15.16.070 M.C. – Unlawful Camping

14.56.020 M.C. - Illegal Activities Relating to Watercourses 14.56.030 M.C. – Unlawful Activities Relating to the City Storm Drain System For free, confidential 24/7 information and referrals for social services, call 211.

Questions regarding this clean-up can be directed to
(805) 448-0117.

Ciudad de Santa Bárbara

AVISO POSTERIOR

A LA LIMPIEZA
Fecha de limpieza:__________________ Tiempo de limpieza:________________ Ubicación:________________________ Hubo una limpieza de esta zona en la fecha y hora indicado arriba. Los bienes de valor serán retenidos por la ciudad durante 90 días, después de lo cual serán eliminados. Todos los demás artículos se han llevado al vertedero del condado para su eliminación. Para reclamar bienes de valor llame al (805) 448-0117. Permanecer en este lugar puede resultar en un arresto o infracción por: 602 P.C. – Allanamiento 374.4 P.C. – Tirar basura 15.16.070 M.C. – campar ilegalmente 14.56.020 M.C. - Actividades ilegales relacionadas con los cursos de agua 14.56.030 M.C. – Actividades ilícitas relacionadas con el sistema de alcantarillado pluvial de la ciudad Para obtener información gratuita y confidencial 24 horas al día, 7 días a la semana, y derivaciones a servicios sociales, llame al 211.

Las preguntas relativas a esta limpieza pueden dirigirse al (805) 448-0117.

Ciudad de Santa Bárbara

AVISO POSTERIOR

A LA LIMPIEZA
Fecha de limpieza:__________________ Tiempo de limpieza:________________ Ubicación:________________________ Hubo una limpieza de esta zona en la fecha y hora indicado arriba. Los bienes de valor serán retenidos por la ciudad durante 90 días, después de lo cual serán eliminados. Todos los demás artículos se han llevado al vertedero del condado para su eliminación. Para reclamar bienes de valor llame al (805) 448-0117. Permanecer en este lugar puede resultar en un arresto o infracción por: 602 P.C. – Allanamiento 374.4 P.C. – Tirar basura 15.16.070 M.C. – campar ilegalmente 14.56.020 M.C. - Actividades ilegales relacionadas con los cursos de agua 14.56.030 M.C. – Actividades ilícitas relacionadas con el sistema de alcantarillado pluvial de la ciudad Para obtener información gratuita y confidencial 24 horas al día, 7 días a la semana, y derivaciones a servicios sociales, llame al 211.

Las preguntas relativas a esta limpieza pueden dirigirse al (805) 448-0117.
 Please consider the environment before printing this letter.

August 20, 2024
The Honorable Pauline Maxwell
Presiding Judge
Santa Barbara County Superior Court
1100 Anacapa Street
P.O. Box 21107
Santa Barbara, California 93121 – 1107
Reference: Response to Santa Barbara County Grand Jury Report titled, “Homeless Encampments in Santa Barbara County” received June 21, 2024.

Honorable Pauline Maxwell and Grand Jury Foreperson:

Please find attached the City of Santa Barbara’s response to the above referenced Grand Jury report. As directed by the Grand Jury, all responses are provided in accordance with Sections 933 and 933.05 of the California Penal Code.

Should the Grand Jury have any questions regarding the City’s response, or wish to follow up with the City, please contact me or City Administrator Kelly R. McAdoo.

Sincerely,
Randy Rowse
Mayor
Cc: Santa Barbara County Grand Jury
Santa Barbara City Councilmembers
Kelly R. McAdoo, City Administrator
Attachment
ATTACHMENT 3
City of Santa Barbara’s Response to the Santa Barbara County Grand Jury Report: Homeless Encampments in Santa Barbara County
The City of Santa Barbara’s responses below are only to the findings and recommendations that pertain to the City of Santa Barbara as identified in the Grand Jury’s report.

Finding 2: The negative effects of encampment sweeps can be mitigated when a variety of community resources are present at the time of the clean-up.

Response to Finding 2: Agree. The City of Santa Barbara does not facilitate “sweeps” of encampments. The City’s Encampment Response Protocol carefully details our approach which includes a guiding principle that addressing encampments requires collaboration from community partners and agencies.

Recommendation 2: The County and cities shall ensure that all sweeps occur utilizing a multi-disciplinary approach.

Response to Recommendation 2: Has been implemented. The City of Santa Barbara’s Encampment Response Protocol includes the utilization of a multi-disciplinary approach when engaging individuals that are living in encampments. The City’s Encampment Response Team is comprised of staff from Sustainability and Resilience, Community Development, Fire, Police, Parks and Recreation, City Administrator’s Office, Airport Patrol, Harbor Patrol and Public Works. This team also works directly with homeless outreach providers as well as County and State departments and agencies, as needed. The response team initially assesses the encampments reported for health and safety risks, provides education on hazards, and facilitates referrals to shelter and services. The Sustainability and Resilience Department Community Engagement Division tracks reports of encampments, deploys the response team, coordinates interventions, and manages logistics for removal.

Finding 3: Encampments lack basic sanitation services.

Response to Finding 3: Agree. Encampments create unsafe and unhealthy conditions for several reasons and chief among them is the lack of basic sanitation services.

Encampment sites often contain the presence of human waste, needles or other unsafe, unsanitary and hazardous material.

Recommendation 3: The County and the cities shall make trash cans, porta-potties, resources for handwashing, and sharps containers for safe disposal of needles and other hazardous waste available near encampment sites.

Response to Recommendation 3: Will not be implemented. The City’s Encampment Response Protocol does not support sanctioned encampments because they have not improved conditions or resulted in solutions for people experiencing homelessness.

Creating what in essence would be a sanctioned camping site has shown very little impact on reducing homelessness in other cities and may exacerbate the health and safety issues due to the more permanent nature of the site. This includes risk of fire, impacts on public recreation areas and the environment, safety of the broader community, and concern for the health and safety of those experiencing homelessness of which the majority have reported having chronic health conditions.

The City does mitigate these issues by conducting the following: Waste removal is made available to active encampments to reduce the footprint of the site and mitigate public health and environmental health concerns while offers of shelter and services are being facilitated. Moreover, waste / recycling / compost receptacles and restrooms including resources for handwashing are broadly available to the public. This includes multiple facilities that are open during the day to specifically provide basic relief services to people experiencing homelessness including the daytime navigation and workforce development center in downtown Santa Barbara (The FARO Center), PATH and the Father Virgil Cordano Day Center.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: Police Department
SUBJECT: Response to the Santa Barbara County Grand Jury Report on Individuals in Crisis
RECOMMENDATIONS:

That Council authorize the Mayor to send a letter of response to the Santa Barbara County Grand Jury Report titled “Individuals in Crisis: The Right Care at the Right Time.” DISCUSSION:

On June 21, 2024, the City received the 2023-2024 Santa Barbara Grand Jury report titled Individuals in Crisis: The Right Care at the Right Time. The Grand Jury report identified findings with recommendations for various agencies, including City of Santa Barbara, connected with the processes of issuing 5150 involuntary holds.

The report provides a detailed overview of the California State Welfare and Institutions Code (WIC), Division 5, Mental Health Services, Article 1, commonly referred to as "5150 holds," also known as the Lanterman-Petris-Short Act (LPS Act). Specifically, a 5150 hold describes criteria for detention of mentally disordered individuals, defined as "a danger to others, or to themselves, or gravely disabled." This Code further specifies that "qualified peace officers or designated mental health experts can, upon probable cause, take, or cause to be taken, a person into custody for a period of up to 72-hours for evaluation and crisis intervention or be placed into a treatment facility designated by the County." Despite having full legal authority to issue 5150 holds, Santa Barbara County law enforcement agencies have been constrained from doing so by an obscure historical limitation, but not a legal one. Over the past 46 years, there has been an inferred, but unwritten, agreement between County, law enforcement, and various mental health agencies to allow the current mental health agency (Santa Barbara County Department of Behavioral Wellness) to assume sole responsibility and authority to issue 5150 involuntary holds, which is ungrounded in legal authority. Santa Barbara is the only California county where law enforcement officers do not initiate WIC 5150 holds.

Agenda Item No. 15
File Code No. 150.04
Council Agenda Report
Response to the Santa Barbara County Grand Jury Report on Individuals in Crisis August 20, 2024

The letter requires the City to respond to each relevant Finding and Recommendation in the report within ninety (90) days of receipt of the letter. The City is responsible for responding to Finding 1 Recommendations 1b.

Responses to Findings shall be either:
• Agree
• Disagree wholly
• Disagree partially with an explanation
Furthermore, responses to Recommendations shall be one of the following:
• Has been implemented, with brief summary of implementation actions taken • Will be implemented, with an implementation schedule
• Requires further analysis, with analysis completion date of no more than six months after the publication of the report
• Will not be implemented, with an explanation of why
A draft response letter to the Grand Jury is attached (Attachment 2).

ATTACHMENTS: 1. Grand Jury Report titled “Individuals in Crisis: The Right Care at the Right Time”

2. City of Santa Barbara’s Response to the Grand Jury
PREPARED BY: Kelly Gordon, Chief of Police
SUBMITTED BY: Kelly Gordon, Chief of Police
APPROVED BY: Kelly R. McAdoo, City Administrator
Attachment 1

 Please consider the environment before printing this letter.

August 20, 2024
Presiding Judge Pauline Maxwell
1100 Anacapa Street
P.O. Box 21107
Santa Barbara, California 93121-1107
Re: Response to the Santa Barbara County Grand Jury Report Entitled “Individuals in Crisis: The Right Care at the Right Time”
Dear Presiding Judge Maxwell:

The 2023 – 2024 Santa Barbara County Grand Jury Report recently released its report entitled “Individuals in Crisis: The Right Care at the Right Time.” The Grand Jury has requested the City of Santa Barbara respond to Findings 1 Recommendations 1b within 90 days of the report issuance.

RESPONSE TO THE GRAND JURY
Finding 1:

The Jury finds that increased implementation of the 5150 holds by trained law enforcement officers and more Behavioral Wellness clinicians would benefit all citizens of Santa Barbara County.

Recommendation 1b: The jury recommends that all County and City law enforcement officers who are trained in crisis intervention, in accordance with State guidelines, be encouraged to fully exercise the issuance of 5150 holds in appropriate circumstances.

City Response: Disagree partially with an explanation. The City of Santa Barbara must partially disagree with this recommendation and do not plan to implement it in its entirety.

We truly appreciate the intention behind the recommendation and agree that we should not completely defer the decision or our authority to place a psychiatric hold to the County Department of Behavioral Wellness.

The Santa Barbara Police Department will train some officers but not all officers to write psychiatric holds. In fact, we have worked diligently with the County Department of Behavioral Wellness to have trained officers write psychiatric holds. Beginning in January of 2024, specially trained officers assigned to Santa Barbara Police Department’s CoResponse and Community Action Teams were trained to write psychiatric holds for Welfare and Institutions Code Sections 5150 and 5585 under the following circumstances:

Attachment 2

1. The Co-Response Officer does not have their clinical partner available during the call for service.

2. There is an extended wait time for the Behavioral Wellness Mobile Crisis or SAFETY Response Team.

3. The person in crisis is demonstrating probable cause for psychiatric detention by presenting one or more of the following conditions: danger to self, danger to others, or gravely disabled due to a mental health diagnosis or presentation, and the use of a trained SBPD officer in writing the hold would be advantageous to the immediate safety of the officer, public or subject in crisis.

Santa Barbara Police Department’s multi-tiered approach and current protocols balance the specialized skills of mental health professionals with the operational capabilities of law enforcement, ensuring improved outcomes for people experiencing a mental health crisis. When co-response teams, Mobile Crisis or SAFETY are not available, or would face substantial delays, our protocol authorizes a select group of trained police officers to evaluate and write psychiatric holds for Welfare and Institutions Code Sections 5150 and 5585 (Santa Barbara Police Department Training VOL. 2024 NO. 001). These officers are currently assigned to our Co-Response and Community Action Teams and have completed comprehensive training, equipping them with the necessary knowledge and skills to handle mental health crises effectively and compassionately. These officers are carefully chosen to ensure they can respond appropriately in these critical situations. This training and expertise are essential for accurately assessing and managing individuals experiencing a mental health crisis.

This tiered approach ensures that individuals in crisis receive the most appropriate and effective care available, whether from mental health professionals, integrated coresponse teams, or specially trained law enforcement officers. It allows flexibility and responsiveness while maintaining a high standard of care and safety for all involved. By leveraging the strengths of mental health professionals and trained law enforcement personnel, our current protocol provides a more comprehensive and effective response to mental health crises than a model that relies solely on law enforcement officers to place persons on 5150 holds.

Our focus will remain on supporting and enhancing our protocols to ensure the best outcomes for those in crisis and the community at large. We also believe it is imperative there be additional resources to meet the need for persons experiencing crisis, both as it relates to the availability of Mobile Crisis and co-response clinicians and appropriate facilities for housing these individuals until they can safely return to the community.

Additionally, we will continue to increase the number of officers with the appropriate training and expertise that are able to write psychiatric holds for Welfare and Institutions Code Sections 5150 and 5585, which will allow them to facilitate a hold when necessary if mental health professionals are not available as we determine it is necessary to meet the needs of our community. It is our goal to have trained officers available to write these holds at all times of the day and days of the week.

Sincerely,
Randy Rowse
Mayor
CC. Eva Macias
Foreperson, Santa Barbara County Grand Jury
Santa Barbara County Courthouse
1100 Anacapa Street
Santa Barbara, CA 93101
[email protected]

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: August 20, 2024
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Request from Mayor Pro Tempore Mike Jordan and Councilmember Eric Friedman to Discuss Redevelopment of the La Cumbre Plaza Macy’s into Residential Housing
RECOMMENDATION:

That Council consider the request from Mayor Pro Tempore Jordan and Councilmember Friedman to discuss redevelopment of the La Cumbre Plaza Macy’s into residential uses and other improvements and to direct staff to initiate negotiations with the project owners regarding a term sheet as a basis for a possible development agreement.

DISCUSSION:

Attached is a memorandum from Mayor Pro Tempore Jordan and Councilmember Friedman requesting City Council discuss establishing a development agreement with the owners of the La Cumbre Plaza Macy’s redevelopment project.

Due to timelines associated with the processing of the project currently underway, if Council is interested in pursuing a development agreement, staff recommends Council give direction at today’s Council meeting to engage with the project owner immediately to begin negotiating a term sheet .

ATTACHMENT: Memorandum From Mayor Pro Tempore Jordan and Councilmember Friedman
PREPARED BY: Nicole Grisanti, Administrator’s Office Supervisor APPROVED BY: Kelly McAdoo, City Administrator
Agenda Item No. 16
File Code No. 170.01
Attachment