Agenda packet, first session — Santa Barbara City Council, December 16, 2025 (part 1 of 3)

CITY OF SANTA BARBARA

CITY COUNCIL
Randy Rowse
Mayor
Eric Friedman
Mayor Pro Tempore
Kelly McAdoo
City Administrator
Kristen W. Sneddon
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Eric Friedman
Finance Committee Chair
Oscar Gutierrez
Meagan Harmon
Mike Jordan
Wendy Santamaria
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
DECEMBER 16, 2025, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.

Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 p.m. 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.

REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. The keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.

HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
 Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_-tbNSuHPTmquCwDEP9hNaQ (Participation via Zoom)
 Telephone: Dial 1-669-900-6833, Enter Webinar ID: 894 0718 1596 (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. 12/16/2025 Santa Barbara City Council Final Agenda Page 1 DECEMBER 16, 2025 AGENDA
SPECIAL ORDINANCE COMMITTEE MEETING - 11:30 A.M. IN THE COUNCIL CHAMBER (120.03)

1. Subject: Amending Santa Barbara Municipal Code Section 17.20.005 (C) Relating to Slip Waiting Lists (120.03)
Recommendation: That Ordinance Committee forward to City Council for introduction and subsequent adoption, an Ordinance of the Council of the City of Santa Barbara Amending Section 17.20.005 (C) of the Municipal Code Pertaining to Slip Assignment Policy.

2. Subject: Amending Chapter 5.76 of the Municipal Code Regarding Massage Establishment and Massage Technician Permits (120.03)
Recommendation: That Ordinance Committee review and recommend the proposed amendments to the Municipal Code Chapter 5.76 pertaining to Massage Establishment and Massage Therapist Permits and forward the proposed amendment to the City Council for introduction and adoption. 12/16/2025 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 City Attorney Sarah Knecht Upon Retirement (120.04)

CHANGES TO THE AGENDA

CONSENT CALENDAR

2. Subject: Minutes (000.00)
Recommendation: That Council waive reading and approve the minutes for the regular and special meetings of November 18, 2025.

3. Subject: Agreement and Allocation for California Local Housing Trust Fund Grant Program Award [Ordinance Adoption; Agreement] (660.01) Recommendation: That Council:

A. Adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the City Administrator to Execute the State of California Department of General Services Standard Agreement with the Department of Housing and Community Development for the Local Housing Trust Fund Grant Program, Commencing upon the Effective Date of the Enabling Ordinance; and
B. Adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Loan Agreement with the Housing Authority of the City of Santa Barbara in the amount of $1,945,176 for Development of Real Property Located at 15 South Hope Avenue to be Used for Permanent Affordable Housing, to be Secured by a Deed of Trust and a 90-Year Affordability Control Covenant Imposed on Real Property and Authorizing the City Administrator to Execute Such Agreements, Subject to Approval as to Form by the City Attorney; and Rescinding Ordinance No. 6174. 12/16/2025 Santa Barbara City Council Final Agenda Page 3

4. Subject: Amendments to the Zoning Ordinance Related to the Definition of Historic Resources (PLN2025-00050) [Ordinance Adoption] (640.09) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Sections 30.57.030, 30.157.025,

30.157.050, 37.157.110, 37.157.170, 30.220.020, and 30.300.080 of the Santa Barbara Municipal Code Pertaining to Protection of Historic Resources.

5. Subject: 2026-2027 Treatment and Patrol Bargaining Units Memorandum of Understanding [Resolution; Agreement] (440.02)
Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the 2026-2027 Memorandum of Understanding Between the City of Santa Barbara and the Patrol Officers' and Treatment Plants' Bargaining Units (TAP Units); and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-133, the Position and Salary Control Resolution for Fiscal Year 2026, Affecting the Salaries of Certain Classifications in the Treatment and Patrol Bargaining Units Effective January 10, 2026.

6. Subject: Fiscal Year 2026 Interim Financial Statements for the Four Months Ended October 31, 2025 (250.02)
Recommendation: That Council accept the Fiscal Year 2026 Interim Financial Statements for the four months ended October 31, 2025.

7. Subject: Approval of Parcel Map and Execution of Agreement for 801 State Street [Agreement] (640.08)
Recommendation: That Council approve and authorize the City Administrator to execute and record Parcel Map Number 20,843, and a standard agreement relating to the approved subdivision at 801 State Street. 12/16/2025 Santa Barbara City Council Final Agenda Page 4

8. Subject: Personal Services Agreements for Classes, Clinics, Camps and Tournaments [Agreement] (570.05)
Recommendation: That Council:

A. Authorize the Parks and Recreation Director to execute a personal services agreement with 805 Beach Inc., a Limited Liability Company, for the provision of Fiscal Year 2027 Beach Volleyball Camps, Clinics, Classes, Leagues, and Tournaments, with compensation equal to 65% of the total basic fees collected and the total compensation estimated at $199,000 based on the projected number of participants; and
B. Authorize the Parks and Recreation Director to execute a personal services agreement with Channel Islands Outfitters Inc., a California Corporation, for the provision of Fiscal Year 2027 Youth Camps, with compensation equal to 85% of the total basic fees collected and the total compensation estimated at $125,000 based on the projected number of participants.

CONSENT PUBLIC HEARING

9. Subject: Designation of Proposed Development at 901 State Street (Music Academy of the West) as a Community Benefit Project (640.09) Recommendation: That Council designate the proposed development at 901 State Street a Community Benefit Project pursuant to Santa Barbara Municipal Code Chapter 30.170 and allocate a total of 2,000 square feet (net) of nonresidential floor area to the project from the Nonresidential Growth Management Program’s Community Benefit Category.

REPORT FROM THE ORDINANCE COMMITTEE

GENERAL PUBLIC COMMENT

PULLED CONSENT ITEMS
12/16/2025 Santa Barbara City Council Final Agenda Page 5

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

CITY ADMINISTRATOR

10. Subject: Authorize Purchase of Real Property Located at 816 Cacique Street [Ordinance Introduction; Resolution; Agreement] (660.04) Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Acquisition of Real Property Located at 816 Cacique Street, Santa Barbara (APN 017-240-021); Authorizing the City Administrator to Execute an Agreement for Purchase and Sale, Including Escrow Instructions and All Related Documents, Subject to Approval as to Form by the City Attorney; and Consenting to the Recordation of the Grant Deed Pursuant to Government Code Section 27281;
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Appropriate Measure C Funds for the Purchase of Real Property Located at 816 Cacique Street; and
C. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the City Administrator to Execute the First Amendment to the Declaration of Restrictions Established by City of Santa Barbara Conditional Use Permit Resolution No. 008-09; and Approving and Authorizing the City Administrator to Execute the Second Amended Restricted Use Covenant Imposed on Real Property for the Operation of a Homeless Shelter and Related Services.

11. Subject: Adoption of Citywide Strategic Plan (120.02) Recommendation: That Council adopt the citywide strategic plan and direct the City Administrator to advance key initiatives identified for the first year as well as create a system of accountability that will include regular reporting to Council.

12. Subject: Policy Direction and Work Plan for Development of a Rent Stabilization Program - Estimated Time 5:00 P.M. (170.01) Recommendation: That Council provide direction to staff regarding a draft work plan and the fundamental policy questions related to the development of a Rent Stabilization Program.
12/16/2025 Santa Barbara City Council Final Agenda Page 6

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS & ENGAGEMENTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

SPECIAL ORDINANCE COMMITTEE

MEETING

MEETING AGENDA
Kristen W. Sneddon, Chair
Oscar Gutierrez
Office of the City
Attorney
Sarah Knecht
City Attorney
DATE: December 16, 2025
TIME: 11:30 a.m.

Office of the City
Administrator
Kelly McAdoo
City Administrator, City Administrator’s Office
Nicole Grisanti
Supervisor, City Administrator’s Office
IN-PERSON PUBLIC COMMENT: Any person wishing to address the Ordinance Committee should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the Committee Member. Each speaker will be given a total of 3 minutes to address the Committee. The Ordinance Committee, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.

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

HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING:
 WEB: https://santabarbaraca-gov.zoom.us/j/83099911799?pwd=N0fwX914FLbpUNNMPr2foEbiub5ovC.1 Passcode: 199458
 TELEPHONE: Phone one-tap:
+16699006833,,83099911799# US (San Jose)
+16694449171,,83099911799# US
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.

AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected] if possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized Services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange.

File Code No. 120.03
PLACE: Council Chambers Mike Jordan

ITEMS FOR CONSIDERATION

1. SUBJECT: Amending Santa Barbara Municipal Code Section 17.20.005 (C) Relating to Slip Waiting Lists
RECOMMENDATION: That Ordinance Committee forward to City Council for introduction and subsequent adoption, an Ordinance of the Council of the City of Santa Barbara Amending Section 17.20.005 (C) of the Municipal Code Pertaining to Slip Assignment Policy.

2. SUBJECT: Amending Chapter 5.76 of the Municipal Code Regarding Massage Establishment and Massage Technician Permits
RECOMMENDATION: That Ordinance Committee review and recommend the proposed amendments to the Municipal Code Chapter 5.76 pertaining to Massage Establishment and Massage Therapist Permits and forward the proposed amendment to the City Council for introduction and adoption.

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: December 16, 2025
TO: Ordinance Committee
FROM: Waterfront Department
SUBJECT: Amending Santa Barbara Municipal Code Section 17.20.005 (C) Relating to Slip Waiting Lists
RECOMMENDATION:

That Ordinance Committee forward to City Council for introduction and subsequent adoption, an Ordinance of the Council of the City of Santa Barbara Amending Section

17.20.005 (C) of the Municipal Code Pertaining to Slip Assignment Policy.

BACKGROUND:

The Waterfront’s Slip Waitlist policy has been a source of public frustration for decades.

Specifically, there is confusion as to why a public waitlist is closed to adding any new names, and again when slips received off this list are then quickly sold at a profit. The aim of this revision is to improve the fairness and accessibility of the current slip waitlist policy, aligning it more closely with our Local Coastal Program and with direction from the California State Lands Commission. In the past six months, Waterfront staff sought community feedback on this issue and then presented potential policy changes at three separate Harbor Commission meetings. These presentations received positive feedback and unanimous support from the Harbor Commission. After each discussion, staff took feedback to refine revisions to the policy.

DISCUSSION:

This proposed policy draft makes several notable changes. First, any slips received from the waitlist will be non-transferable, meaning they cannot be transferred between private parties. This ensures that anyone who receives a slip from the list must be ready to actively use it for boating rather than sell it. In the event a permittee from a waitlist slip gives up the permit, the slip would be returned to the Waterfront Department. Further, there would be no transfer fee associated with receiving a slip from the waitlist. This dramatically lowers the barrier of entry for the general public to acquire a slip permit, and removes any financial benefit of remaining on the waitlist in hopes of selling it at a profit.

Agenda Item No. 1
File Code No. 120.03
Ordinance Committee Agenda Report
Amending Santa Barbara Municipal Code Section 17.20.005 (C) Relating to Slip Waiting Lists
December 16, 2025

Page 2 ends

Additionally, the current “Master Waiting List”, “Sub-Master Waiting List”, and “Lottery List” will be consolidated into one single waitlist, which will be open to the public each year, apart from current slip holders. A waitlist refreshed each year will immediately provide a more open and accessible process for boaters looking to get a slip in the harbor. This replaces an existing list that has been closed to the public for years. The State Lands Commission explicitly supports the creation of a new list and a publicly accessible lottery process.

Lastly, the Harbor Commission would oversee a yearly drawing to choose ten names from a pool of interested applicants. These ten applicants would then comprise that year’s waitlist.

If a waitlist-eligible slip became available in the course of that year, it will be offered down the list until accepted. If a slip had been offered to the full list and was still not accepted, the slip would be held in the Waterfront Department's visitor slip inventory until the next lottery.

At the end of the year, another lottery would take place, and a new waitlist would be generated. Any designated commercial fishing slip that returns to the waitlist will remain a designated commercial fishing slip, only be available to qualified commercial fishing vessels.

If the waitlist has no designated commercial fishing vessels, a single commercial fishing slip lottery will be held, following our current Commercial Fishing Slip Lottery policy.

CONCLUSION:

Holding one yearly waitlist lottery and making these slips non-transferable is a clear and equitable way to assign public Waterfront Department slips. This policy revision gets to the heart of years of public complaints; namely, it opens the waitlist to the general public and it reduces the private profiting and selling of waitlist slip permits. A yearly lottery gives everyone a fair chance at acquiring a slip permit, and it ensures that any future permittee is ready to use the slip for boating. These revisions are in line with direction from the State Lands Commission as well as our Local Coastal Program, making a small but important change to enhance access and low-cost berthing for boaters in Santa Barbara.

ATTACHMENT: Draft Ordinance
PREPARED BY: Nathan Alldredge, Harbor Operations Manager SUBMITTED BY: Mike Wiltshire, Waterfront Director
APPROVED BY: Kelly McAdoo, City Administrator

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ATTACHMENT
1 AN ORDINANCE OF THE COUNCIL OF THE CITY

OF SANTA BARBARA AMENDING SECTION

17.20.005 (C) OF THE MUNICIPAL CODE

PERTAINING TO SLIP ASSIGNMENT POLICY

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

SECTION 1. Section 17.20.005(C) of Chapter 17.20 of Title 17 of the Santa Barbara Municipal Code is amended to read as follows:

17.20.005 Slip Assignment Policy.

A. PURPOSE.

1. Generally. The purpose of the Slip Assignment Policy is to provide regulations for the primary purpose of the Harbor, which is to provide in-water storage for commercial and recreational vessels actively used for their intended purpose.

2. Limited Secondary Use. As a limited secondary use, a slip permittee may be permitted to reside aboard a vessel by obtaining a permit from the Waterfront Department pursuant to the Santa Barbara Municipal Code.

B. SLIP PERMITS.

1. Slip Permit. Before any vessel is allowed in a slip in the Santa Barbara Harbor, a permit must be issued pursuant to the Santa Barbara Municipal Code for that vessel by the Waterfront Department. Slip Permits, as approved by the Waterfront Director, shall be revocable month-to-month licenses. Slip permittees shall comply with

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ATTACHMENT
2 applicable ordinances and resolutions, including fee provisions, adopted by the Santa Barbara City Council. No such Slip Permit shall be transferable after death of the slip permittee or by inheritance. A Slip Permit may, however, be assigned to a deceased slip permittee’s surviving spouse or domestic partner registered with the City Clerk in accordance with Chapter 9.135 of the Santa Barbara Municipal Code pursuant to Section 17.20.005.D.2.b herein.

2. Ownership of Vessel Required. A slip permittee must at all times have an equity ownership interest in the vessel assigned to the Slip Permit. a. Proof of Ownership Required. An equity ownership interest in a vessel must be established at the time a Slip Permit is issued to a slip permittee or transferred in accordance with Section 17.20.005.D herein by submitting any of the following documents to the Waterfront Department: (i) state vessel registration listing the prospective slip permittee as an owner; (ii) federal documentation listing the prospective slip permittee as an owner; or (iii) a notarized bill of sale in the name of the prospective slip permittee. If proof of vessel ownership is a notarized bill of sale, a fully completed state registration or federal documentation with all slip permittees listed as vessel owners must be submitted to the Waterfront Department within 90 days of the submittal of the Slip Permit application. If completed state registration or federal documentation is not submitted to the Waterfront Department within 90 days of submittal of the Slip Permit application, the Slip Permit shall be subject to termination in accordance with the Slip Permit termination procedures set forth in Section 17.20.005 herein.

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ATTACHMENT
3 b. Permitted Types of Ownership. Corporations, limited liability corporations, partnerships, non-profit organizations, trusts, governmental agencies or individuals may own vessels. If a vessel is owned by an entity other than an individual, non-profit organization or governmental agency, the Slip Permit applicant(s) or slip permittee(s) must submit to the Waterfront Department documentation satisfactory to the Waterfront Directory establishing that the person(s) signing the Slip Permit has the full legal authority to bind the entity and hold it fully responsible for the Slip Permit. If the vessel is owned by a governmental agency or non-profit organization, the agency or organization must designate in writing a representative from the agency or organization who will be responsible for all aspects of the Slip Permit. Changing the name of the person so designated shall require payment of a slip transfer fee pursuant to Section 17.20.005.D herein, unless waived by the Waterfront Director. Slip permittees shall be responsible for keeping their current mailing address on file with the Waterfront Department. Failure to do so shall relieve the Waterfront Department from all responsibility to notify the slip permittees of changes to this code or applicable rules and regulations.

3. Replacement Vessel. If the vessel assigned to the Slip Permit is sold, donated, stolen, destroyed or otherwise permanently removed from its Slip, its owner must notify the Waterfront Department within 15 days of such event. The slip permittee must place a replacement vessel in the Slip assigned to the slip permittee within 180 days after the occurrence of the event causing the removal of the vessel assigned to the Slip

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ATTACHMENT
4 Permit, unless granted a written exemption from the Waterfront Director. Failure of timely reporting of a sold, donated, stolen, destroyed or otherwise permanently removed vessel, or timely assignment of a replacement vessel, shall be grounds for termination of the Slip Permit.

4. Slip Fees. The slip permittee shall pay one month’s Slip Fee, in advance, plus applicable fees and deposits when the Slip Permit application is submitted to the Waterfront Department. Slip Fees shall be established by resolution of the City Council.

5. Commercial Fishing and Aquaculture. The City Council may by resolution establish exclusive or preferential uses within all, or within certain areas of, the Harbor for use by vessels employed in commercial fishing and/or aquaculture. For purposes of this section, a commercial fishing vessel or vessel employed in aquaculture is a vessel in use pursuant to a valid and current commercial fishing or aquaculture permit issued by the California Department of Fish and Game. Such a vessel shall be a continuing source of income pursuant to the appropriate California permits, in accord with regulations adopted from time to time by resolution of the City Council.

6. Sub-License. It is unlawful for any person issued a Slip Permit to rent (whether or not compensation is paid or other value is received) the Slip Permit to any other person or entity.

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ATTACHMENT
5 C. SLIP WAITING LISTS.

1. Procedure for Slip Assignment to Waitlist Applicants. When a slip becomes available, it shall be offered for assignment according to whether the slip is a designated commercial fishing slip or whether it can be utilized for either commercial or recreational purposes. For purposes of this section, commercial fishing slip means a slip that is specially designated by the Waterfront Director as a slip reserved for qualified commercial fishermen (“Commercial Fishing Slip”). If the slip is designated as a Commercial Fishing Slip, it shall be assigned according to subsection C.5 herein to a qualified commercial fisherman. If it is not so designated, it shall be offered to the highest ranked waitlist applicant The available slip shall be offered to each applicant in turn until the slip is either accepted by an applicant or declined by all applicants. If a slip assignment offer is declined by all applicants on the List, the slip shall be held in the Waterfront Department’s visitor slip inventory.

A2. Procedure for Placement on the Slip Waitlist.
a. For the first year following adoption of this policy, the existing Master, Submaster, and Lottery Waitlists will constitute the Slip Waitlist. The following year, the Waitlist shall be comprised of either 10 applicants or twice the number

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ATTACHMENT
6 slips awarded from the Waitlist in the previous year, whichever is greater. This list will be selected by lottery held at a public Harbor Commission meeting. This list and each subsequent list will remain in place for one year, until replaced by a new Waitlist drawn by lottery in the same manner.
(1) Applicants selected in the lottery are ranked in
the order drawn.
(2) Within five (5) business days of the drawing, the
Waterfront Department shall send written notice by certified mail to selected applicants, stating their rank and offering placement. A Lottery Waitlist Acceptance Form will be included. Applicants must return the Acceptance Form and placement fee within thirty (30) days.
(3) Applicants who fail to respond within the
applicable period are removed from consideration.
b. Any existing marina slip permittee, or spouse, or legally registered domestic partner of a slip permittee is not eligible for placement on the Waitlist, or assignment of a slip from the Waitlist.
b. Procedure for Slip Assignment to Waitlist Applicants. A slip that becomes available for assignment to the Waitlist shall be offered for assignment to

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ATTACHMENT
7 applicants on the List according to their rank on the List. If a slip assignment offer is declined by all applicants on the List, the slip shall be held in the Waterfront Department’s visitor slip inventory.

3.c. Procedure for Accepting or Declining a Slip Assignment Offer from the Lottery List.
a. Acceptance of Slip Assignment Offer. Notification of slip availability shall be mailed by the Waterfront Department to the applicant at the applicant’s most recent address on file in the Waterfront Department. Acceptance of the slip assignment offer must be submitted by the applicant in writing to the Waterfront Department within 14 days of the date of mailing the notice of slip availability. Acceptance must be submitted to the Waterfront Department in writing. b. Declined Lottery List Assignment Offer. Failure of an applicant to accept a slip assignment offer in writing within 14 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip assignment offer will not result in removal of the applicant’s name from the Waitlist, loss of the applicant’s Waitlist Placement Fee, or change in the applicant’s position on the Waitlist.
c. Any slip received from the Waitlist shall be designated as non-transferable. No individual or entity shall be permitted to transfer, sell, or assign their rights to these slips to any other party.

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ATTACHMENT
8 4. Slip Waiting Lists Fees.
a. Waitlist Placement Fee.
(1) Waitlist Placement Fee. Each applicant selected for placement on the Waitlist shall return the Waitlist Acceptance Form along with a nonrefundable Waitlist Placement Fee in an amount established by resolution of the City Council. Failure to timely pay the Waitlist Placement Fee shall cause the applicant’s name to not be placed on the Waitlist.
(2) Waitlist Assignment Fee. A Waitlist Assignment Fee
shall be paid by the applicant at the time a Waitlist slip assignment is made in an amount established by resolution of the City Council. Failure to timely pay the Waitlist Assignment Fee shall be deemed a declined offer.
b. Slip Waiting Lists Transfer Fee.
(1). Slip Waiting Lists Transfer Fee. Any applicant
assigned a slip from the Waitist shall not pay a Transfer Fee.

5. Commercial Fishing/Aquaculture Slip Assignment. Commercial Fishing Slips shall be offered for assignment only to qualified commercial fishermen. Prior to assignment of a Commercial Fishing Slip from the waitlist, , a commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that the commercial fisherman possesses the following minimum qualifications: (i) a commercial fishing or

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9 aquaculture permit issued by the California Department of Fish and Game; (ii) a Fish and Game permit for the vessel that is to be moored in the Commercial Fishing Slip as a commercial fishing vessel; and (iii) satisfaction of the terms and criteria to qualify as a qualified commercial fisherman, as established by City Council resolution, including the requirement for earnings from commercial fishing in years prior to the pending Commercial Fishing Slip assignment (“Qualified Commercial Fisherman”). a. Acceptance of Commercial Fishing Slip Assignment Offer. A Commercial Fishing Slip offered for assignment to a commercial fisherman from the waitlist shall be accepted in accordance with the procedures for acceptance of a slip from the Master Waiting List set forth in paragraph 1.a. of this subsection C. Prior to assignment of the Commercial Fishing Slip, the commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that he or she is a Qualified Commercial Fisherman.
b. . Declined Commercial Fishing Slip Offers. Failure of the applicant to accept the slip in writing within 14 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer will not result in the commercial fisherman’s name being removed from the List, loss of the applicant’s fees, or change in the applicant’s position on the List. c. Commercial Fishing Slip Lottery. A Commercial Fishing Slip that remains unaccepted after being offered to all commercial fishermen registered for

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10 commercial slips on Waitlist shall be offered for assignment according to a single lottery process called the Commercial Fishing Slip Lottery. Procedures for formation of the Commercial Fishing Slip Lottery shall be established by the Waterfront Department Slip Waiting Lists regulation adopted by resolution of the City Council. To qualify for participation in the Commercial Fishing Slip Lottery, all applicants must timely submit a Lottery Participation Request in accordance with the Slip Waiting Lists regulation containing the applicant’s name, telephone number and address. An individual may submit only one Commercial Fishing Lottery List Participation Request. (1) Procedure for Assignment from Commercial Fishing
Slip Lottery.
(a) Offer of Commercial Fishing Slip Assignment. A
Commercial Fishing Slip that becomes available for assignment in accordance with the Slip Waiting Lists regulation shall be offered for assignment to an applicant according to his or her rank in the Commercial Fishing Slip Lottery. The applicant ranked in the first position shall be offered the available Commercial Fishing Slip. If the first-ranked applicant declines the offer or fails to meet the requirements for a Qualified Commercial Fisherman, the second-ranked applicant shall be offered the Commercial Fishing Slip assignment, and so on.
(b) Acceptance of Commercial Fishing Slip.

Acceptance of the slip assignment offer must be made in writing and submitted to the

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11 Waterfront Department within 30 days of the date of mailing notice of slip availability. The acceptance form shall include the necessary information to verify qualification for a Commercial Fishing Slip. Any applicant failing to submit the required information to verify eligibility, or any applicant failing to meet the eligibility requirements set forth in this paragraph 5 for a Qualified Commercial Fisherman, shall be removed from consideration for slip assignment during that Lottery.
(c) Declined Commercial Fishing Slip Offer. Failure of
an applicant to accept the Commercial Fishing Slip assignment offer in writing within 30 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer, or failing to meet the requirements for a Qualified Commercial Fisherman shall not result in removal of the applicant’s name for slip assignment in that Lottery.
(d) An existing marina slip permittee who is offered a
Commercial Fishing Slip assignment shall relinquish an existing slip permit to the Waterfront Department prior to, and in exchange for, a Commercial Fishing Slip assignment from the Commercial Fishing Slip Lottery.
(2) Unassigned Commercial Fishing Slips. If a Commercial Fishing Slip assignment offer is declined by all applicants selected in the Commercial Fishing Slip Lottery, or if no selected applicants meet the requirements of a Qualified Commercial Fisherman, the Commercial Fishing Slip shall be held in the Waterfront

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12 Department’s visitor-slip inventory for a period of six months. After six months, the Commercial Fishing Slip assignment shall be offered to applicants in a new Commercial Fishing Slip Lottery. If the Commercial Fishing Slip remains unassigned, this procedure shall be repeated every six months until the Commercial Fishing Slip is assigned.

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: December 16, 2025
TO: Ordinance Committee
FROM: Police Department
SUBJECT: Amending Chapter 5.76 of the Municipal Code Regarding Massage Establishment and Massage Technician Permits
RECOMMENDATION:

That Ordinance Committee review and recommend the proposed amendments to the Municipal Code Chapter 5.76 pertaining to Massage Establishment and Massage Therapist Permits and forward the proposed amendment to the City Council for introduction and adoption.

DISCUSSION:

The Santa Barbara Police Department recognizes massage therapy services as a valuable health and therapeutic service offered to the public; but unless properly regulated, the operation of massage businesses may be associated with unlawful activity.

The purpose of the Proposed Massage Ordinance is to provide orderly regulations for massage establishments and discourage the misuse of massage therapy as a front for human trafficking, prostitution, and related activities in violation of state laws, and to provide orderly regulations for massage establishments all in the interests of public health, safety, and welfare, by providing minimum qualifications for the operators and practitioners of such businesses.

The current Ordinance was last updated in 1976 and does not comply with current State laws. In 2008, the Massage Therapy Act established a uniform standard of laws for massage professionals and establishments. These laws are set forth in the California Business and Professions Code 4600. As part of this process, the California Massage Therapy Council was designated as the authorized agency to oversee and issue statewide certification for massage professionals. To align with state laws, the Proposed Massage Ordinance requires all Massage Therapists to be certified through the California Massage Therapy Council. Additionally, the current Ordinance limits enforcement and makes it difficult for violations and unauthorized activities to be rectified.

Agenda Item No. 2
File Code No. 120.03
Ordinance Committee Agenda Report
Amending Chapter 5.76 of the Municipal Code Regarding Massage Establishment and Massage Technician Permits
December 16, 2025

Page 2 ends

The Proposed Massage Ordinance incorporates the standards and regulations from the California Business and Professions Code 4600 to provide a comprehensive ordinance for the community. The following is a list of major changes:
• Massage establishments will be required to maintain a complete roster of ALL employees, which must be kept on-site. Any changes in staff require that the roster be updated and provided to the Santa Barbara Police Department. • All staff employed by the Massage Establishment who are not massage therapists must undergo live scan fingerprinting for a background review. • The Massage Establishment permit shall be displayed in a visible place near the front door or waiting area. All massage therapists must display their California Massage Therapy Council certification.
• Provides for unannounced inspections of massage establishments based on complaints or investigations
• Massage Establishment permits will be renewed annually, and Sole Proprietor permits will be renewed every 2 years.

The Santa Barbara Police Department conducted a public meeting on November 14, 2025, and presented the proposed ordinance changes to the Fire and Police Commission at a Special Meeting on November 20, 2025. Below are the main points of concern raised at the meetings, and their respective solutions.

Hours of operation
 Concern: Hours of operation limits Massage Therapists’ discretion to conduct business at their own time.
 Response: Removed the hours of operation from the operational requirements for massage establishments/sole proprietors.

Sole Proprietors Fees
 Concern: Sole Proprietor fees are too high.
 Response: Revised proposed ordinance, increasing permit renewal from 1 year to every 2 years for Sole Proprietors. Massage establishment permits will be required to renew annually.

Ordinance Committee Agenda Report
Amending Chapter 5.76 of the Municipal Code Regarding Massage Establishment and Massage Technician Permits
December 16, 2025

Page 3 ends

Craniosacral Therapy
 Concern: Will ordinance apply to professionals practicing Craniosacral therapy?  Response: Revised Proposed Massage Ordinance to exempt Craniosacral Therapy from this chapter.

Unannounced Inspections
 Concern: Unannounced inspections will be invasive and disruptive to Sole Proprietor businesses.
 Response: Incorporated language stating unannounced inspections will be conducted based on complaints. Annual scheduled inspections will remain a requirement.

Limited Exception
 Concern: Massage Therapists who have been practicing in good standing for several years will need to complete additional training to conform with CAMTC certification requirements.
 Response: Extended the Limited Exception Certificate by 1 Year to December 31, 2028. All Massage Therapists must comply with the California Massage Therapy Council certification by January 1, 2029 (previously January 1, 2028). The Police Department will work with massage professionals to resolve unique situations related to certification, on a case-by-case basis to assist with CAMTC certification.

BUDGET/FINANCIAL INFORMATION:

Permit fees are included in the Police Department Fee Schedule. The rates for the annual and bi-annual permits are based on estimated staff costs to do annual inspections and process permits.

ATTACHMENT: Proposed Ordinance
PREPARED BY: Joscelyn Guzman, Police Services Coordinator SUBMITTED BY: Kelly Gordon, Chief of Police
APPROVED BY: Kelly McAdoo, City Administrator

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1 ORDINANCE NO.____

AN ORDINANCE OF THE COUNCIL OF THE CITY

OF SANTA BARBARA AMENDING CHAPTER

5.76 OF THE MUNICIPAL PERTAINING TO

MASSAGE ESTABLISHMENTS AND MASSAGE

THERAPIST PERMITS

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

SECTION 1. Chapter 5.76 of Title 5 of the Santa Barbara Municipal Code is amended to read as follows:

5.76.010 Purpose and Intent.

In enacting this Chapter, the City Council recognizes that massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services, but that unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. It is the purpose and intent of this Chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for human trafficking, prostitution, and related activities in violation of state law, all in the interests of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses.

It is the further intent of this Chapter to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform statewide regulations enacted by the

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2 Legislature in 2008 as Business and Professions Code Sections 4600 et seq., known as the Massage Therapy Act, as subsequently amended, and by restricting the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.

5.76.020 Definitions.

For the purpose of this Chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this Section shall have the meanings that are given them in this Section:

A. APPLICANT. Any person that seeks a massage establishment permit as required by this Chapter.

B. AUTHORIZED MASSAGE PROFESSIONAL. A massage professional who is identified in a permit issued pursuant to this Chapter as a person employed or retained by a massage establishment to practice massage.

C. CALIFORNIA MASSAGE THERAPY COUNCIL or CAMTC. The massage therapy organization formed pursuant to Business and Professions Code Section 4600 et seq.

D. CAMTC CERTIFICATE. A current and valid certificate issued by the CAMTC to a massage practitioner or a massage therapist.

E. CAMTC-CERTIFIED MASSAGE PROFESSIONAL. Any individual currently certified by the California Massage Therapy Council as a massage therapist or massage practitioner pursuant to Business and Professions Code Section 4600 et seq.

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3 F. CHIEF OF POLICE. The Chief of Police of the Santa Barbara Police Department or their designee charged with the administration of this Chapter and as the hearing officer for all appeals pursuant to this Chapter.

G. COMPENSATION. The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

H. EMPLOYEE. Any person, including, but not limited to, a massage professional, receptionist, owner, or operator, who renders any service, with or without compensation, to the owner, manager, or agent thereof, which relates to the day-to-day operations of the massage establishment. For purposes of this Chapter, the term “employee” shall include salaried employees and sole proprietors.

I. INSPECTOR. The person or persons designated by the City to conduct any inspections required or permitted under this Chapter.

J. MASSAGE, MASSAGE THERAPY, AND/OR BODYWORK. The
application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to, any method of pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body including the application of any apparatus or other appliances, robotics or other devices, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations.

K. MASSAGE BUSINESS OR ESTABLISHMENT. Any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy,

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4 vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation.

Home-based massage businesses and businesses that provide outcall massage services are also considered to be massage establishments. For purposes of this Chapter, the term "massage establishment" may be applied to include establishments which offer or advertise themselves as providing "relaxation" or "tanning" where the essential nature of the interaction between the employee and the customer involves "massage" as defined herein. The terms, names or phrases listed on business license or fictitious name application forms are not necessarily conclusive as to the nature of the business.

L. MASSAGE PRACTITIONER. Any person who has been certified as a massage practitioner and maintains a current and valid CAMTC Certificate under the Massage Therapy Act (defined below).

M. MASSAGE THERAPIST. Any person who has been certified as a massage therapist and maintains a current and valid CAMTC Certificate under the Massage Therapy Act (defined below).

N. MASSAGE THERAPY ACT. Chapter 10.5 of Division 2 of the California Business and Professions Code (beginning at Section 4600).

O. OWNER or MASSAGE ESTABLISHMENT OWNER. Any of the following persons:

1. The sole proprietor of a sole proprietorship operating a massage establishment.

2. Any general partner of a general or limited partnership that

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5 owns a massage establishment.

3. Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment.

4. Any person who is a member of a limited liability company that owns a massage business or establishment.

5. Any person who has a ten percent or greater ownership interest in any other type of business association that owns a massage business.

P. OPERATOR OR MASSAGE ESTABLISHMENT OPERATOR. Any person who is an owner or manager of a massage establishment or business.

Q. OUTCALL MASSAGE SERVICE. The engaging in or carrying on of massage therapy for compensation at locations other than a massage establishment at a fixed location.

R. PATRON. An individual on the premises of a massage establishment for the purpose of receiving massage therapy.

S. PERSON. Includes any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

T. RECEPTION AND WAITING AREA. An area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons or visitors of the massage establishment and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

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6 U. REGISTERED SCHOOL. An institution that provides massage therapy education and training as such term is defined in Section 4600 of the Massage Therapy Law.

V. SEXUALLY ORIENTED MATERIAL. Means any book, periodical, magazine, photograph, posters, drawing, sculpture, motion picture film, video, compacy disc, or other written, oral or visual representation, which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

W. SEXUALLY ORIENTED MERCHANDISE. Means any instruments, devices or paraphernalia which are designed to be used in connection with specifical sexual activities, or goods which are replicas of ,or which simulate specific anatomical areas, or goods which are designed to be place on or in specificed anatomical areas, or to be used in conjunction with specified sexual activities.

X. SPECIFIED ANATOMICAL AREAS. Shall have the same meaning as the term “Specified Anatomical Areas” as defined in Title 28, Section 28.81.020 of this Code.

Y. SPECIFIED SEXUAL ACTIVITIES. Shall have the same meaning as the term “Specified Sexual Activities” as defined in Title 28, Section 28.81.020 of this Code.

Z. SOLE PROPRIETORSHIP. A massage establishment where the owner owns one hundred percent of the business, is the only person who provides massage therapy services for compensation for that business pursuant to a valid and active certificate from CAMTC or has been provided an exception if applicable, and has no other

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7 employees.

AA. SBPD REVIEWING OFFICER. The individual(s) designated by the Chief of Police to review and approve or deny applications and permits pursuant to this Chapter.

BB. VISITOR. Any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business.

5.76.030 Business Tax Required.

The requirements of this Chapter are in addition to any business tax remittance and business tax certificate requirements imposed pursuant to Chapter 5.04 of this Code.

5.76.040 Other Permits and Authorizations Required.

The requirements of this Chapter are in addition to any permits or authorizations that may be required under other applicable laws including but not limited to the City’s building, fire, zoning, and health codes. It shall be unlawful for anyone to practice massage therapy for compensation within the City in contravention of the City’s building, fire, zoning, and health codes.

5.76.050 Exemptions from this Chapter.

This Chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

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8 A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, acupuncturists or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license.

B. Trainers of any amateur, collegiate, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the City.

C. Barbers, estheticians, manicureists, and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses, provided that such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees, of their patrons.

D. Somatic practitioners who use no physical touch of any kind at any time in their practice.

E. Practitioners providing craniosacral massage therapy, to the extent such services are limited to craniosacral techniques
F. Enrolled students of a school of massage when they are performing massage within the City as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this Chapter; and provided that the operator of the massage establishment has first notified the Chief of Police in writing of the name, residence address, and school of the students and the dates of the trainings.

G. State-licensed hospitals, nursing homes, and other state-licensed physical

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9 or mental health facilities and their employees.

5.76.060 CAMTC Certification Required.

It shall be unlawful for any individual to practice massage therapy for compensation within the city unless that individual is doing so at a permitted massage establishment under City law and is also a CAMTC-certified massage professional or has been provided an exception pursuant to Section 5.76.070.

5.76.070 Limited Exception from CAMTC Certification Requirement.

A. The City Council recognizes that some massage therapists and massage practitioners currently practicing in the City may not meet the current requirements set forth by the CAMTC although the individual has been in practice for a significant period.

The City will therefore allow individuals who were working in the City prior to the amendment of this Chapter who meet the requirements of this Section to practice massage therapy at a permitted massage establishment under City law for a limited time under this exception without certification from the CAMTC as required under S.B.M.C. section 5.76.060, in order to give the individual time to obtain the necessary CAMTC certification.

B. An individual seeking this exception must demonstrate the following to the satisfaction of the Chief of Police:

1. Evidence that he or she worked as a massage therapist or massage practitioner in the City, and is currently employed as a massage therapist or massage

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10 practitioner; and

2. Evidence that he or she has certification or proof of training in the field of massage from a school or another entity comparable to the CAMTC and has been working as a massage therapist or massage practitioner in the City.

3. Compliance with other terms of this Chapter for massage establishment owners that are not certified by the CAMTC, including, but not limited to, the background check described in Section 5.76.090 K. of this Chapter.

D. An individual granted an exception from the CAMTC certification requirement is required to display, in the same manner this Chapter requires the display of CAMTC certification, a certificate from the City signed by the Chief of Police showing that the individual met the requirements of this exception.

E. This exception must be renewed annually. Failure to submit an application for renewal on or before the annual renewal date shall make the individual ineligible for a continued exception.

F. Approved exceptions shall become invalid and CAMTC certification shall be required pursuant to Section 5.76.060 when an individual changes employment and/or accepts employment with additional professionals or new massage establishments within the City.

G. The City may establish a non-refundable fee to recover costs associated with initial applications and annual renewals.

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11 H. This Chapter 5.76.070 shall remain in effect only until December 31, 2028, and shall thereafter be of no further force or effect. The provisions of this Section are intended to temporarily toll or grandfather certain requirements of this Chapter for eligible persons through December 31, 2028. Beginning January 1, 2029, all Massage Practitioners and Massage Therapists operating within the City shall fully comply with Section 5.76.060 and all other applicable provisions of this Chapter, without exception.

5.76.080 Massage Establishment Permit Required.

A. It is unlawful for any person to operate, engage in, promote, advertise, conduct, or carry on, in or upon any premises within the City a massage establishment without first obtaining a massage establishment permit from the Chief of Police. A separate massage establishment permit shall be required for each massage establishment regardless of ownership.

B. It shall be unlawful for a massage establishment operator to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment unless: (1) that person is a CAMTC-certified massage professional or has been provided an exception pursuant to Section 5.76.070; and (2) that person is identified as an authorized massage professional on the massage establishment permit issued pursuant to this Chapter. For purposes of this Chapter, a massage establishment operator "employs or retains" a person to practice massage therapy for compensation when:

1. That person is a directly paid employee of the massage establishment; or

2. That person's association with a massage establishment is that of an

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12 independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or

3. That person receives a referral of patrons from the massage establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator.

C. It is unlawful for a massage establishment to operate under any name or conduct business under any designation not specified in the massage establishment permit issued pursuant to this Chapter.

D. It is unlawful for a massage establishment to continue to operate following the sale or transfer of any interest in the massage establishment business to a person who was not identified as an owner in the massage establishment permit application or in a duly approved permit amendment pursuant to Section 5.76.130.

5.76.090 Permit Application.

The owners of the massage establishment shall file a permit application on a form provided by the Chief of Police for each massage business establishment owned or operated. The permit application shall be submitted with the fee established by the City's fee schedule. The applicant consents to service of all required notices under this Chapter to the physical address of the massage business, which shall be the service address. The permit application shall include the following information:

A. The name, address, and telephone number of the massage establishment.

B. The name, residence address and telephone number, and business

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13 address and telephone number of each owner of the massage establishment.

C. The applicant’s California Driver's License or California Department of Motor Vehicles issued Identification Card or other federally recognized form of identification.

D. The form of business entity under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this Section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable.

E. The name, address, and telephone number of the owner of the real property upon, in, or from which the certified massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the

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14 property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner's property.

F. If the massage establishment will be located on a property in a residential or commercial condominium or other common interest development, the applicant shall submit a notarized statement from the homeowner's association or condominium owner's association acknowledging that the association has been advised that a massage establishment will be operated by the applicant and that such use of the property is allowed by the property's covenants, codes, and restrictions.

G. A description of the proposed massage establishment business, including the type of treatments to be administered.

H. The name(s), dates of employment, and list of duties of each individual who the massage establishment employs or retains to perform massage therapy for compensation, whether on or off the massage establishment premises.

I. For each individual whom the massage establishment does or will employ or retain to perform massage therapy for compensation, whether on or off the massage establishment premises, a copy of that individual's current certification from the CAMTC as a certified massage practitioner or certified massage therapist, and a copy of his or her current CAMTC issued identification card.

J. For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a copy of his or her current CAMTC-issued identification card.

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15 K. For each owner of the massage establishment who is not a CAMTCcertified massage professional, the following information:

1. Whether any owner of the massage establishment has within the five years immediately preceding the date of application been convicted of any felony in any state.

2. Whether any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

3. The business, occupation, and employment history of each owner of the massage establishment for five years preceding the date of application, and the inclusive dates of same.

4. A Live Scan background check or other equilvent background check as approved by the Chief of Police. Any background check required pursuant to this Section shall be paid for by the owner or applicant.

L. A signed statement by the applicant stating whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial.

M. Such other information as may be required by the permit authority to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law.

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16 N. A signed statement by the applicant stating, under penalty of perjury under the laws of the State of California, that all information in the permit application is true and correct to the best of their knowledge.

5.76.100 Permit Issuance.

A. The Chief of Police shall issue a massage establishment permit if the applicant meets the requirements of this Chapter and no grounds for denial exist under Section 5.76.110. The Chief of Police may impose conditions on the permit consistent with this Chapter and applicable law.

B. Notice to Property Owner. If the applicant is not the record owner of the property where the massage establishment is located, the Chief of Police may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment. The Chief of Police may also provide the property owner with copies of any other notices or communications with the applicant sent at any time before or after issuance of the permit.

C. One-year Term. A massage establishment permit issued pursuant to the terms of this Chapter shall be valid for a term of one year (12 months) from the date of issuance, and, unless suspended or revoked, must be renewed annually so long as the massage establishment is operating within the City.

D. Two-year Term. A sole proprietor permit issued pursuant to the terms of this Chapter shall be valid for a term of two years from the date of issuance, and, unless suspended or revoked, must be renewed annually so long as the sole proprietor is operating within the City.

E. Any massage business permit issued pursuant to this Chapter is valid only

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17 at the address, if applicable, and for applicant specified therein and cannot be sold, transferred or assigned to any other person.

5.76.110 Permit Denial.

The Chief of Police may deny an application for a massage establishment permit on any of the following grounds:

1. The massage establishment, as proposed by the applicant, would not comply with the requirements of this Chapter.

2. The massage establishment, as proposed by the applicant, would not comply with the City's building, fire, zoning, and health regulations.

3. The applicant has made any false, misleading or fraudulent statement of material fact in the application for a massage establishment permit.

5. Any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

6. Any owner of the massage establishment, within five years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(a), 647(b) or 653.2 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.

7. Any owner of the massage establishment has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to

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18 Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California.

8. Any owner of the massage establishment, within five years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(a), 647(b), or 653.2.

9. Any owner of the massage establishment is an individual who has not attained the age of eighteen years.

10. Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has had a permit or license to practice massage therapy for compensation or to own and/or operate a massage establishment or business revoked or denied in any jurisdiction.

11. Any owner of the massage establishment currently owns or operates a massage establishment in the City that is not in good standing due to the existence of uncorrected violations, current permit suspensions, or unpaid fines or fees.

5.76.120 Notice of Denial—Appeal.

A. If an application for a massage establishment permit is denied, the SBPD Reviewing Officer shall give written notice to the applicant specifying the grounds for denial.

B. The applicant may appeal the decision to deny a massage establishment permit by filing a written notice of appeal with the Chief of Police or their designee within

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19 fifteen days after deposit of the decision in the mail, specifying in detail the grounds for such appeal.

C. The Chief of Police or designee shall set a time and place for the hearing on the appeal not less than fifteen days after the date the appeal was received by the Chief of Police, and shall give written notice by mail to the appeallant of the date, time, and place for the hearing. The hearing shall be conducted in accordance with Section

5.76.190.

D. After the hearing on the appeal, the Chief of Police or designee may refer the matter back to the SBPD Reviewing Officer for a new investigation and decision, may affirm the decision of the SBPD Reviewing Officer, or may direct the SBPD Reviewing Officer to issue the license. The decision of the Chief of Police or their designee upon such appeal shall be final and subject Chapter 1.30 of this Code.

5.76.130 Amendments to Permit.

A. Whenever the information provided in the permit application for a massage establishment on file with the City changes or needs correction for any reason, the operator shall file a permit amendment application within thirty days of the change(s) or discovery of the need for correction(s). A permit amendment application shall be made by submitting a form provided by the Chief of Police stating the change(s) and or correction(s) to the information on the permit application along with the appropriate fee established by the City's fee schedule.

B. The permit amendment application shall not be approved unless the Chief of Police determines that the terms of the amended permit comply with all requirements

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20 of this Chapter and all other local, state, and federal laws, and the massage establishment has no outstanding violations or unpaid citations or fees. Inspection of the massage establishment may be required prior to approval of the amendment application.

C. A permit amendment application shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required.

D. A denial of a permit amendment application may be appealed in the same manner as a denial of an application for a massage establishment permit under Section

5.76.120.

5.76.140 Requirements For All Massage Establishment Business Facilities And Operations.

A. Operational Requirements.

Except as otherwise specifically provided in this Chapter, the following operational requirements shall be applicable to all massage establishments located within the City:

1. The hours of operation of the massage establishment shall be displayed in a conspicuous public place in the reception and waiting area and in any front window clearly visible from outside of the massage establishment.

2. , Patrons shall be permitted in massage therapy rooms only if at least one duly authorized certified massage professional is present on the premises of the massage establishment. Patrons shall not be permitted in any employee break room on the premises.

3. Visitors shall not be permitted in massage therapy rooms except as

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21 follows:
a. The parents or guardian of a patron who is a minor child may be present in the massage therapy room with that minor child; b. The minor child of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the minor child; and c. The conservator, guardian, aid, or other caregiver of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person.

3. No visitors shall be permitted in massage therapy rooms, break rooms, dressing rooms, showers, or any other room or part of the massage establishment premises other than the reception and waiting area or public access bathrooms.

4. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the massage establishment premises.

The services shall be described in English and may also be described in such other languages as may be convenient. No massage establishment operator shall permit, and no person employed or retained by the massage establishment shall offer to perform any services or request or demand fees other than those posted.

5. The massage establishment shall keep on the premises a complete and current roster of names of all owners, operators, managing employees, massage professionals, and other persons employed or retained by the massage establishment.

The roster shall be available for inspection by City officials charged with the enforcement of this Chapter.

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22 6. No alcoholic beverages shall be sold, served, or furnished to any patron or visitor; nor shall alcoholic beverages be kept or possessed on the premises of a massage establishment.

B. Physical Facility and Building and Fire Code Requirements.

Except as otherwise specifically provided in this Chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the City:

1. Main entry door and reception and waiting area required. One main entry door shall be provided for patron entry to the massage establishment, which shall open to an interior patron reception and waiting area immediately. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the main entry door. The main entry door shall be unlocked at all times during business hours. This subsection shall not apply to any massage establishment that is a sole proprietorship or a home occupation with one or no other employees.

2. A professional massage table or professional massage chair specifically designed for seated massage shall be used for all massage therapy, with the exception of "Thai," "Shiatsu," and similar forms of massage therapy, which may be provided on a padded floor mat, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of 18 inches.

3. With the exception of the padded floor mat described in subsection 2 above, no beds, floor mattresses, or waterbeds are permitted on the premises of the

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23 massage establishment. No massage establishment shall be used for residential or sleeping purposes, which may be shown by circumstantial evidence such as the presence of bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, cooking appliances, utensils or food in excess of a business establishment's normal requirements.

4. All locker facilities that are provided for patron use shall be fully secured for the protection of the patrons' valuables, and each patron shall be given control of the key or other means of access.

5. No massage establishment will be equipped with tinted or one-way glass in any treatment room or office.

6. No video or audio recording devices or surveillance cameras of any type may be installed in rooms where massage services are or may be provided. No liveviewing, broadcasting or streaming of audio or video may occur in a room where massage is provided.

7. The massage establishment shall comply with all applicable state and local building and fire codes.

C. Health and Safety Requirements.

Except as otherwise specifically provided in this Chapter, the following health and safety requirements shall be applicable to all massage establishments located within the City:

1. The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables and chairs shall be covered with a clean sheet or other clean covering appropriate to the

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24 equipment for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized in complaince with the Massage Therapy Act. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use. A certified massage professional engaged in the practice of outcall massage shall carry a sufficient quantity of clean and sanitary towels, sheets, and linens to comply with the requirements.

2. All massage establishments must be so equipped, maintained, and operated as to effectively control and abate the entrance, harborage, and breeding of rodents and vermin including flies.

3. All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises has been or will be open and such facilities in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.

4. All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

5. All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be fully disinfected after each use.

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25 6. Patrons' genitals must be fully draped at all times while any individual employed or retained by the massage establishment is in the massage room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals or anal region of a patron.

D. Attire and Physical Hygiene Requirements.

The following attire and physical hygiene requirements shall be applicable to all employees and any other persons who work permanently or temporarily on the premises of a massage establishment within the City, including, but not limited to, all persons who are employed or retained to practice massage for the massage establishment:

1. No person shall dress in:
a. Attire that is transparent, see-through, or substantially exposes the person's undergarments;
b. Swim attire, unless providing a water-based massage
modality approved by the CAMTC;
c. A manner that exposes the person's chest, breasts, buttocks, or genitals;
d. A manner that constitutes a violation of Section 314 of the California Penal Code.

2. No massage establishment operator, employee, or visitor shall, while on the premises of a massage establishment or while performing any outcall massage service, and while in the presence of any patron, customer, employee or visitor, expose his or her chest, breast, buttocks, or genitals.

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26 3. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage to a patron.

E. Display of Permit and Certifications.

1. The massage establishment permit shall be displayed in an open and conspicuous place on the premises visible from the main entry door and/or reception and waiting area of the massage establishment.

2. Each person employed or retained by a massage establishment to perform massage in or on the premises or through an outcall massage service shall display on his or her person the valid current photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card and the person's original CAMTC certificate shall also be displayed in an open and conspicuous place visible from the main entry door and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed.

F. Display of Human Trafficking Notices.

The massage establishment shall comply with the requirements in California Civil Code Section 52.6 related to the posting of information for victims of human trafficking.

G. Out-call Only Services.

For massage establishments that provide outcall-only services and have no fixed location for performing massage, provisions of this section related to businesses with fixed locations shall not apply. Specifically, the provisions of subsections A.2. through A.9., B.1. through B.4., B.6. through B.8., C.2. and 7., subections E.1., and F of this Section shall not apply to outcall-only establishments.

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27 5.76.150 Massage Establishment Inspections.

A. The Police Department and any other City enforcement personnel shall have the right to enter and inspect any Massage Establishment during normal business hours, without a warrant, for the purpose of ensuring compliance with this Chapter, the conditions of any permit, and applicable state law. Such administrative inspections may include review of required records, verification of operator and employee licenses, and inspection of all areas of the premises where massage services are provided or where employees may be present. Unannounced inspections, without a warrant, may be conducted upon receipt of a complaint, credible report, or other articulable information suggesting a violation of this Chapter, state law, or the conditions of the establishment’s permit. Nothing in this section shall limit the City’s authority to conduct administrative inspections as otherwise authorized by law
B. For home occupations, reasonable inspection shall be limited to the portions of the residence open to patrons. The inspector shall make reasonable accomodations so as not to not interrupt patron appiointments in progress at the time of the inspection. It shall be unlawful for any person to fail to allow an inspection of the premises or hinder the inspection in any manner.

C. The massage establishment operator shall take immediate action to correct each violation noted by the inspector. A re-inspection within a reasonable amount of time will be performed to ensure that each violation noted by the inspector has been corrected.

5.76.160 Violations—Moratorium.

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28 A. For the purpose of enforcing the requirements of this Chapter, all owners and operators of the massage establishment shall be jointly and severally responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment.

B. In addition to any other remedy available to the City under applicable law, a massage establishment permit may be suspended or revoked as provided for in Sections 5.76.170 and 5.76.180. Upon issuance of a final order by the SBPD Reviewing Officer or the Chief of Police to revoke the massage permit, the massage establishment shall immediately cease operation, and, if so ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than one year ("the moratorium period"). If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the one-year prohibition shall be provided by the Chief of Police to the owner of record of the property as shown on the latest county assessment roll.

C. In addition to any other remedy available to the City under applicable law, a massage establishment permit may not be renewed or amended unless and until all due and unpaid citations issued pursuant to this Chapter are paid in full, and all outstanding violations have been corrected.

D. Notwithstanding any other provision of this Chapter, where a Notice of Revocation or Suspension has been issued to the operator of a massage establishment pursuant to this Chapter, the director shall not process or grant an application for a

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29 massage establishment permit for a new massage establishment at the same premises unless and until such Notice of Revocation or Suspension is dismissed; or a final determination is made pursuant to that section that the current operator's massage establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this Chapter has expired.

5.76.170 Revocation or Suspension.

All massage establishment owners and operators shall be deemed to know and understand the requirements and prohibitions of this Chapter. Any massage establishment permit issued pursuant to this Chapter may be suspended or revoked by the Chief of Police after a hearing, where the Chief of Police finds that any of the following have occurred on even a single occasion:

A. The permittee or any person employed or retained by the massage establishment has violated any provision of this Chapter.

B. The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(a), 647(b), or 653.2, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.

C. The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code.

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30 D. The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this Code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California.

E. The permittee has continued to operate the massage establishment after the massage establishment permit has been suspended.

F. Massage therapy has been performed on the premises of the massage establishment, with or without the permittee's actual knowledge, by any person who is not compliant with Section 5.76.060 or Section 5.76.070 if applicable.

G. A person who is not complaint with Section 5.76.060 or Section 5.76.070 if applicable, has provided out-call massage services through or on behalf of the massage establishment.

H. There have been one or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(a), 647(b), or 653.2 or an act which constitutes a violation of any offense listed in California Penal Code section 290(c) taking place on the premises of the massage establishment whether or not they occurred with or without the actual knowledge of the permittee.

I. The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in the patron's position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron's genitals, or anal region.

J. The permittee or any person employed or retained by the massage

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31 establishment has engaged in sexually suggestive advertising related to massage services on the premises of the massage establishment, including, but not limited to displaying photographs of individuals clothed attire that is transparent, see-through or substantially exposes the individual's undergarments, breasts, buttocks, or genitals, describing massage services as "erotic," "sensual" or similarly sexual in nature, or describing the appearance or age of massage providers.

5.76.180 Hearing for Revocation or Suspension.

A. The Chief of Police shall give written notice of a hearing for the revocation or suspension of any permit granted pursuant to this Chapter to the permittee. The notice shall set forth the time and place of the hearing, the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual issues in support thereof. The notice shall be mailed, postage prepaid, addressed to the permittee at the last known address of the permittee, or it shall be delivered to the permittee personally, at least fifteen days prior to the hearing date.

B. Within fifteen days of the hearing the SBPD Reviewing Officer shall render his or her decision in writing, stating his or her findings and the action taken, if any. The decision letter shall be mailed, postage prepaid, addressed to the permittee at the last known address of the permittee, or it shall be delivered to the permittee personally.

C. Within fifteen days from the deposit of the decision letter in the mail or its receipt by the permittee, whichever occurs first, the permittee may appeal the decision in writing to the Chief of Police or their designee, setting forth with particularity the ground or grounds for the appeal.

D. The Chief of Police or their designee shall give written notice of the hearing

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32 on the appeal not less than fifteen days from the date the appeal was received by the Chief of Police or designee. The hearing shall be conducted in accordance with Section

5.76.190.

E. After the hearing on the appeal, the Chief of Police or their designee may refer the matter back to the SBPD Reviewing Officer for a new investigation and decision, may affirm the decision of the SBPD Reviewing Officer or their designee, may dismiss the disciplinary action, or may revoke or suspend the permit. The decision of the Chief of Police or their designee upon such appeal shall be final and subject to Chapter 1.30 of this Code.

F. The notices provided to the massage establishment pursuant to this Section may also be sent to the owner of the premises where the massage establishment is located. However, failure to provide notice to the property owner shall not invalidate any actions taken by the City.

5.76.190 Hearing Rules.

The following rules shall apply to any hearing required by this Chapter. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to reasonably confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Chapter may be continued for a reasonable time for the convenience of a party or witness at the discretion of the hearing officer.

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33 5.76.200 Violations a Public Nuisance—Penalties, Nuisance Abatement, and Other Remedies.

Any massage establishment operated, conducted, or maintained contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City Attorney or District Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the City under this Code or under state law.

5.76.201 Prohibited Conduct.

1. No person shall enter or remain in any part of a massage establishment location while in possession of, consuming or using any alcoholic beverages or drugs, except pursant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises.

2. No storage or sale of sexually oriented material or sexually oriented merchandise shall be permitted within a massage establishment.

3. No operator or employee shall place, publish, or distribute, or cause to be placed, published or distributed, any advertising matter for a massage establishment which are characterized by an emphasis upon the depiction or description of specified sexual activites or specfied anatomical areas.

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34 4. No massage practitioner, massage therapist, employee or any person practicing massage therapy for compensation shall expose their genitals, buttocks, breasts or make contact with the genitals or anus of another person at any massage establishment.

5.76.202 Severability.

The severability provisions contained in Title 1, Section 1.01.020 of this Code applies to this Chapter. If any provision of this Chapter is held invalid, unconstitutional, or otherwise unenforceable, such decision shall not affect the remaining provisions, which shall remain in full force and effect.
§ 5.76.010. Definitions.

For the purpose of the provisions regulating baths, sauna baths, massage parlors and similar businesses hereinafter set forth, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:

Massage. A method of treating the external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading, or tapping with the hand or any instrument.

Massage Establishment. An establishment having a fixed place of business where any person, association, firm or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of giving massage or Turkish, Russian, Swedish, vapor, sweat, electric, salt, magnetic, or any other kind or character of baths, where alcohol rub, fomentation, baths, manipulation of the body or similar procedures is given.

Massage Technician or Technicians. Any person, male or female, who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body, or other similar procedure.
(Ord. 3543 §1, 1972)

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35 § 5.76.020. Permit Required.

It is unlawful for any person, association, firm or corporation to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises within the City of Santa Barbara, the business of a massage establishment or to render, or permit to be rendered massage services at a location removed from a massage establishment within the City of Santa Barbara in the absence of a permit issued pursuant to the provisions hereinafter set forth, and without paying a business tax.
(Ord. 3543 §1, 1972; Ord. 3823, 1976)
§ 5.76.030. Exceptions.

The requirements of this Chapter shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: physicians, surgeon, chiropractor, osteopath, or any nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice their respective professions in the State of California, nor shall the requirements of this Chapter apply to any treatment administered in good faith in the course of the practice of any healing art or professions by any person licensed to practice any such art or profession under theBusiness and Professions Code of the State of California or of any other law of this State. Practical nurses or other persons without qualifications as massage technicians, or other persons not otherwise licensed by the State of California to practice pursuant to the Medical Practice Act, whether employed by physicians, surgeons, chiropractors, or osteopaths or not, may not give massages or massage procedures.
(Ord. 3543 §1, 1972)
§ 5.76.040. Application - Fee.

A. Any person desiring to obtain a permit to operate a massage establishment or to perform massage services shall make application to the Chief of Police for an investigation.

B. Each application shall be accompanied by a permit fee of $10.00. (Ord. 3543 §1, 1972)
§ 5.76.050. Application - Contents.

Any applicant for a permit shall submit the following information:

A. The full name and present address of applicant;
B. The two previous addresses immediately prior to the present address of applicant; C. Written statements of at least five bona fide residents of the City of Santa Barbara that the applicant is of good moral character;

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36 D. Written proof that the applicant is over the age of 18 years; E. Applicant's height, weight, color of eyes and hair;
F. Two portrait photographs of at least two inches by two inches; G. Business, occupation, or employment of the applicant for the three years immediately preceding the date of the application;
H. The massage or similar business tax history of the applicant; whether such person, in previously operating in this or another City or State under permit, has had such permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; I. All convictions and the reasons therefor;
J. A certificate from a medical doctor stating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;
K. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technicians is taught. The term "recognized school" shall mean and include any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage technicians, which school requires a resident course of study of not less than 200 hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning. Schools offering correspondence courses not requiring actual attendance of class shall not be deemed "recognized schools." The City of Santa Barbara shall have a right to confirm the fact that the applicant has actually attended classes in a recognized school for aforementioned minimum time periods;
L. In lieu of the information required in Subsection K above, applicant may submit evidence of not less than five years practical experience as a massage technician certified by the California Massage Technicians Association or by the American Massage Therapy Association or not less than five years experience as a massage technician in a massage establishment certified by either of the aforementioned associations;
M. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application; N. Nothing contained herein shall be construed to deny to the Police Department of the City of Santa Barbara the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to

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37 deny the right of said department to confirm the height and weight of the applicant. (Ord. 3543 §1, 1972; Ord. 3823, 1976)
§ 5.76.060. Facilities Necessary and Regulations.

No permit to conduct a massage establishment shall be issued unless an inspection by the City of Santa Barbara reveals that the establishment complies with each of the following minimum requirements:

A. A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage establishment, provided, that all such signs shall comply with the sign requirements of the City of Santa Barbara.

B. No person shall give, or assist in the giving, of any massage to any other person under the age of 18 years, unless the parent or guardian of such minor person has consent thereto in writing.

C. Minimum lighting shall be provided in accordance with the California Building Code as adopted and amended by the City, and, in addition, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being performed on a patron.

D. Minimum ventilation shall be provided in accordance with the Uniform Building Code.

E. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided.

F. Hot and cold running water shall be provided at all times.

G. Closed cabinets shall be provided which cabinets shall be utilized for the storage of clean linen.

H. In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed.

I. Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin shall be provided by every massage establishment, provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, a separate massage room or rooms, separate dressing and separate toilet facilities shall be provided for male and for female patrons.

J. A separate wash basin shall be provided for each portion of a massage parlor

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38 wherein massage services are performed for the individual use of each person performing massage services. Such basin shall be provided with soap and hot and cold running water at all times and shall be located within, or as close as practicable, to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in permanently installed dispensers.

K. All walls, ceilings. floors, pools, showers, bathtubs, steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

L. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted.
(Ord. 3543 §1, 1972)
§ 5.76.070. Permit Procedures.

A. Any applicant for a permit pursuant to these provisions shall personally appear at the Police Department of the City of Santa Barbara, and after paying the $10.00 permit fee hereinabove provided, shall present to the Police Department the application containing the aforementioned and described information. The Chief of Police shall have a reasonable time in which to investigate the application and the background of the applicant. Based on such investigation, the Chief of Police, or his or her representative, shall approve or deny the permit.

B. The Building Division, the Fire Department, and the Santa Barbara County Health Department shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the Chief of Police concerning compliance with the foregoing provisions.

C. The Chief of Police shall grant a permit to the establishment if all requirements for a massage establishment described herein are met and shall issue a permit to all persons who have applied to perform massage services if qualified as hereinabove, unless it appears that any such person has deliberately falsified the application or unless it appears that the record of such persons reveals a conviction of a felony or a crime of moral turpitude.

D. Any person denied a permit pursuant to these provisions by the Chief of Police, may appeal to the Board of Fire and Police Commissioners in writing, stating reasons why the permit should be granted. The Board may grant or deny the permit and such decision shall be final upon the applicant. Also, the said Board may elect on its own motion to review any determination of the Chief of Police

ATTACHMENT

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FROM CURRENT CODE 12/16/25
39 granting or denying a permit.

E. All permits issued hereunder are non-transferable, provided, however, a change of location of a massage establishment may be permitted pursuant to the provisions herein.
(Ord. 3543 §1, 1972)
§ 5.76.080. Display of Permit.

Every person, association, firm or corporation to whom or for which a permit shall have been granted shall display said permit in a conspicuous place so that the same may be readily seen by persons entering the premises where the massage, bath, or treatment is given.
(Ord. 3543 §1, 1972)
§ 5.76.090. Change of Location.

A change of location of any of the aforementioned and described premises may be approved by the Chief of Police, provided all ordinances and regulations of the City of Santa Barbara are complied with and the change of location fee of $10.00 is deposited with the City.
(Ord. 3543 §1, 1972)
§ 5.76.100. Employees.

It shall be the responsibility of the holder of the permit for the massage establishment or the employer of any persons purporting to act as massage technicians, to insure that each person employed as a massage technician shall first have obtained a valid permit pursuant to this Chapter. No registered massage technician aide may independently practice the acts of massage, but he or she may, as a massage technician aide, assist a technician in the acts constituting the practice of massage under the immediate personal supervision and employment of a registered massage technician, but such aide may assist only while the massage technician is personally present with the patron, and such aide may not perform massage services. Any massage technician aide shall comply with the requirements of Section 5.76.050. (Ord. 3543 §1, 1972)
§ 5.76.110. Inspection.

The Building Division, Fire Department and Police Department shall, from time to time and at least twice each year, make an inspection of each massage establishment in the City of Santa Barbara for the purpose of determining that the provisions of this code are met.
(Ord. 3543 §1, 1972)
§ 5.76.120. Records of Treatments.

Every person, association, firm, or corporation operating a massage establishment

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40 under a permit as herein provided shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of Santa Barbara shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this Chapter, in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall describe the address where the treatment was rendered. Said records shall be maintained for a period of two years.
(Ord. 3543 §1, 1972)
§ 5.76.130. Name of Business.

No person permitted to do business as herein provided shall operate under any name or conduct his or her business under any designation not specified in his or her permit. (Ord. 3543 §1, 1972)
§ 5.76.140. Revocation and Suspension of Permit.

A. A permit issued under authority of this Chapter may be suspended for violation of any of its provisions or for fraud or misrepresentation in the permit application, but no permit shall be revoked until after a hearing shall have been held before the Board of Fire and Police Commissioners to determine just cause for such revocation. Provided, however, the Chief of Police may order any permits suspended pending such hearing, and it shall be unlawful for any person to carry on the business of a massage technician or to operate as a massage establishment depending upon the particular type of permit which has been suspended until the suspended permit has been reinstated by the said Board.

Notice of such hearing shall be given in writing and served at least five days prior to the date of the hearing thereon. The notice shall state the ground of the complaint against the holder of such permit, or against the business carried on by the permittee at the massage establishment, and shall state the time and place where such hearing will be had at the next regular meeting of the Board following the five day notice period.

B. The notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found, and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least five days prior to the date of such hearing. (Ord. 3543 §1, 1972)

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41 § 5.76.150. Sale or Transfer.

A. Upon the sale or transfer of any interest in a massage establishment, the permit and tax receipt shall be null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the massage establishment. A fee of $10.00 shall be payable for each such application involving sale or other transfer of any interest in an existing massage establishment. The provisions of this Chapter shall apply to any person, firm, or entity applying for a massage establishment permit for premises previously used as such establishment.

B. Any such sale or transfer of any interests in an existing massage establishment or any application for an extension or expansion of the building or other place of business of the massage establishment, shall require inspection and shall require compliance with this Chapter.
(Ord. 3543 §1, 1972)
§ 5.76.160. Applicability of Regulations to Existing Businesses.

The provisions of this Chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this Chapter.
(Ord. 3543 §1, 1972)
§ 5.76.170. Violation and Penalty.

A. Every person, except those persons who are specifically exempted by this Chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee, or operator, or whether acting as a participant or worker in any way, who gives massages or conducts a massage establishment or room, or who gives or administers, or who practices the giving or administering of steam baths, electric light baths, electric tub baths, shower baths, sponge baths, vapor baths, fomentation, sun baths, mineral baths, alcohol rubs, Russian, Swedish, or Turkish baths, or any other type of baths, salt flows or any type of therapy or who does or practices any of the other things or acts mentioned in this Chapter without first obtaining a permit and paying a tax or violates any provision of this Chapter shall be guilty of a misdemeanor.

B. Any owner, operator, manager, or permittee in charge or in control of a massage establishment who knowingly employs a person performing as a massage technician as defined in this part who is not in possession of a valid permit or who allows such an employee to perform, operate, or practice within such a place of business is guilty of a misdemeanor.

C. Any massage establishment operated, conducted, or maintained contrary to the provisions of this Chapter shall be and the same is declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting

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42 a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such reliefs as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting, or maintaining a massage establishment contrary to the provisions of this Chapter.
(Ord. 3543 §1, 1972)
§ 5.76.180. Separability.

If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. (Ord. 3543 §1, 1972)
Agenda Item No. 1
File Code No. 120.04
11/18/2025 Santa Barbara City Council Minutes Page 1 of 16

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
NOVEMBER 18, 2025
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Pro Tem Friedman called the meeting to order at 2:00 p.m. (The Finance Committee met at 12:00 p.m. The Ordinance Committee, which normally meets at 12:00 p.m., did not meet this day).

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Friedman.

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Wendy Santamaria, Kristen W. Sneddon.

Councilmembers absent: Mike Jordan, Mayor Randy Rowse.

Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, City Clerk Services Manager Sarah Gorman.

CEREMONIAL ITEMS

1. Subject: National Law Enforcement Records & Support Services Week (120.04)
Action: Mayor Pro Tem Friedman presented the proclamation to Police Chief Kelly Gordon.

Agenda Item No. 2
File Code No. 000.00
11/18/2025 Santa Barbara City Council Minutes Page 2 of 16

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 November 30, 2025.

Action: City Administrator Kelly McAdoo expressed her gratitude towards all City employees that were recognized on this day. Mayor Pro Tem Friedman presented a proclamation to Parks Supervisor Ignacio Valdez.

CHANGES TO THE AGENDA
City Administrator McAdoo stated that Item 16 would be pulled from the agenda, as contract negotiations are still ongoing.

16. Subject: Approval of Business Tax Administration and Revenue Audit Services Agreement [Agreement] (210.01)
Recommendation: That Council authorizes the Finance Director, pending approval as to form of the agreement by the City Attorney, to execute an agreement with Muniservices for business tax administration and revenue audit services for three (3) years, with an option to extend the agreement for two (2) one-year periods, at an estimated cost of $360,000 per year for administration and for contingencies ranging from 15% to 40% for audit services.

CONSENT CALENDAR (Item Nos. 3-7, 10–11, 14-15, 17, 19-20, 22-25) The titles of the Ordinances and Resolutions were read.

Motion:

Councilmembers Harmon/Sneddon to approve the consent calendar items 3-7, 10- 11, 14-15, 19-20, and 22-25.

Vote:

Unanimous roll call vote (Absent: Councilmember Jordan, Mayor Rowse).

3. Subject: Minutes (000.00)
Recommendation: That Council waive reading and approve the minutes for the special meetings of October 14, October 20, October 21, and October 28, 2025; and the regular meeting minutes of October 14 and October 21, 2025.

Action: Approved the recommendation.
11/18/2025 Santa Barbara City Council Minutes Page 3 of 16

4. Subject: Proposed Amendment to Santa Barbara Municipal Code 17.36.010 to Allow Pay-by-Plate in Waterfront Parking Lots [Ordinance Adoption] (570.03)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code (“SBMC”) by Amending Section 17.36.010 to Allow Pay-by-Plate in Waterfront Parking Lots.

Action: Approved the recommendation; Ordinance No. 6194.

5. Subject: Lease Amendment with Santa Barbara Fuel Dock, Inc. for Office Space Located at 125 Harbor Way Suite #12 [Ordinance Adoption] (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 First Amendment of Lease Agreement No. 26,842, for Santa Barbara Fuel Dock, Inc., Commencing Upon the Effective Date of the Enabling Ordinance.

Action: Approved the recommendation; Ordinance No. 6195; Agreement No 26,842.A.1.

6. Subject: Amendment of Regional Coastal Adaptation Monitoring Program Cooperative Agreement [Ordinance Introduction; Agreement] (150.02) 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 Sustainability & Resilience Director to Execute Amendment #1 to the Cooperative Agreement with the Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) for the Regional Coastal Adaptation Monitoring Program.

Action: Approved the recommendation; Agreement No. 28,112.1 (November 18, 2025, report from the Sustainability & Resilience Director; Proposed Ordinance). 11/18/2025 Santa Barbara City Council Minutes Page 4 of 16

7. Subject: Introduction of an Ordinance for an Agreement with Eneridge Inc. for the Installation and Operation of Electric Vehicle Charging Stations [Ordinance Introduction; Agreement] (630.02)
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 Sustainability and Resilience Director to Execute an Agreement with Eneridge Inc. for the Installation and 10-year Operation of Four Electric Vehicle Charging Ports at the East Parking Lot of the Cabrillo Pavillion.

Action: Approved the recommendation; Agreement No. 28,807 (November 18, 2025, report from the Sustainability & Resilience Director; Proposed Ordinance).

10. Subject: Approval of Bid Waiver and Adoption of Resolution for Airport Flood Damage Repairs Contract [Resolution; Agreement] (560.04) Recommendation: That Council:

A. Find it in the best interest of the City to waive formal bidding requirements pursuant to Santa Barbara Municipal Code Section 4.52.070(L) and authorize the Airport Director to execute a Maintenance and Repair Contract with Belfor Property in the amount of $309,000 for restoration of mold mitigation of buildings 304, 312, 314, and 315, and approve expenditures of up to $30,900 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; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Appropriate Funds for Increase in Professional Services for the Maintenance and Repair Contract with Belfor Property.

Action: Approved the recommendations; Resolution No. 25-124; Agreement No. 28,809 (November 18, 2025, report from the Airport Director; Proposed Resolution).
11/18/2025 Santa Barbara City Council Minutes Page 5 of 16

11. Subject: Designation of Authorized Agents to Execute Disaster Assistance Applications on Behalf of the City of Santa Barbara for the Purpose of Obtaining Federal and State Financial Assistance [Resolution] (210.01) Recommendation: That Council adopt, by reading of the title only, a Resolution of the Council of the City of Santa Barbara Designating the Finance Director, Assistant Finance Director, and Controller as the City of Santa Barbara’s Agent for California Governor’s Office of Emergency Management Disaster Assistance for Three (3) Years, Expiring November 18, 2028.

Action: Approved the recommendation; Resolution No. 25-125 (November 18, 2025, report from the Finance Director; Proposed Resolution).

14. Subject: September 2025 Investment Report (260.02)
Recommendation: That Council accept the September 2025 Investment Report.

Action: Approved the recommendation (November 18, 2025, report from the Finance Director).

15. Subject: Approval of Amendment No. 3 to the Agreement for Administrative Services with the California Choice Energy Authority [Agreement] (630.02) Recommendation: That Council approve and authorize the City Administrator to execute Amendment No. 3 to the Agreement for Administrative Services with the California Choice Energy Authority for ongoing administrative services.

Action: Approved the recommendation; Agreement No. 26,650.3 (November 18, 2025, report from the Sustainability & Resilience Director).

17. Subject: Contract Amendment for Design Services for the Carpinteria Street Bridge Replacement Project [Agreement] (530.04)
Recommendation: That Council authorize the Public Works Director to execute the Second Contract Amendment with Dewberry Engineers, Inc., for design services for the Carpinteria Street Bridge Replacement Project, Contract No. 26,729, in the amount of $105,603, and authorize the Public Works Director to approve expenditures of up to $50,000 for extra services that may result from necessary changes in the scope of work, for a total expenditure authority of $1,254,873.

Action: Approved the recommendation; Agreement No. 26,729.2 (November 18, 2025, report from the Public Works Director).
11/18/2025 Santa Barbara City Council Minutes Page 6 of 16

19. Subject: Grant Agreement with Summer Solstice Celebration, Inc. [Agreement] (570.08)
Recommendation: That Council authorize the City Administrator to execute a grant agreement with Summer Solstice Celebration Inc. in an amount not to exceed $64,600 for the period July 1, 2025, to June 30, 2026.

Action: Approved the recommendation; Agreement No. 28,812 (November 18, 2025, report from the Parks & Recreation Director).

20. Subject: Increase in Construction Change Order Authority for the Cabrillo Boulevard at Los Patos Way Roundabout Project [Agreement] (530.04) Recommendation: That Council authorize an increase in the Public Works Director’s Change Order Authority to approve expenditures for extra work for the Cabrillo Boulevard at Los Patos Way Roundabout Project, with Granite Construction Company, Contract No. 28,434, in the amount of $200,000, for a total project expenditure authority of $8,117,192.

Action: Approved the recommendation (November 18, 2025, report from the Public Works Director).

22. Subject: Professional Services Agreement for Rock Revetment Monitoring in the Santa Barbara Harbor [Agreement] (570.03)
Recommendation: That Council approve a contract in the amount of $131,550 with DCME, Inc. for civil engineering services associated with California Coastal Commission’s permit requirements to retain the rock revetment to protect the Harbor Business Area from erosion and storm damage.

Action: Approved the recommendation; Agreement No. 28,814 (November 18, 2025, report from the Waterfront Director).

23. Subject: Sixth Amendment to Contract with Mead and Hunt, Inc. for the Santa Barbara Airport Master Plan Update [Agreement] (560.09) Recommendation: That Council authorize the Airport Director to execute the Sixth Amendment to Contract No. 28,162 with Mead and Hunt Inc. in the amount of $10,000 for professional services for the Master Plan Update Project.

Action: Approved the recommendation; Agreement No. 28,162.6 (November 18, 2025, report from the Waterfront Director).
11/18/2025 Santa Barbara City Council Minutes Page 7 of 16

24. Subject: 2026 Council Meeting Scheduling (120.09)
Recommendation: That Council adopt a calendar for regular Council meeting dates for the 2026 calendar year.

Action: Approved the recommendation (November 18, 2025, report from the City Administrator).

25. Subject: Measure C Annual Accountability Report for Fiscal Year 2025 (210.01)
Recommendation: That Council accepts the Measure C Annual Accountability Report for the Fiscal Year (FY) Ended June 30, 2025.

Action: Approved the recommendation (November 18, 2025, report from the Finance Director).

REPORT FROM THE FINANCE COMMITTEE
Chair Friedman reported that the Finance Committee discussed the Fiscal Year 2026 First-Quarter Review, and voted to forward two resolutions to Council regarding Adjustments to FY 2026 Revenues and Expenditure Appropriations, and amending the current Position Salary Control Resolution.

GENERAL PUBLIC COMMENT
Members of the Public: George Southwell; Craig Griffith; Dave Diaz; Kelly Fresch; Scott Forman; Stanley Tsankov; Corina Suacina; Ana; Anna Moore McCormick; Caden McQueen; Josh Ritchey; Matthew Larkins; Hari Priya Chipiri; Kimberly Mendoza; Jennifer Hernandez; Emily Butler; Cass Ensberg; Jessy Richards; Ana Garcia; Miles Hagin; Aimee Klaus; Anastasia Senavsky; Megan Overlord; Zoila Cabrera; Reyna Angel; Roberta Cifuentez; Michelle Detoire; Andrew Hawkins.
11/18/2025 Santa Barbara City Council Minutes Page 8 of 16

PULLED CONSENT ITEMS

8. Subject: Acceptance of Additional Clean Mobility Options Voucher Funding [Resolution; Agreement] (530.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Sustainability and Resilience Director to Execute an Amendment to the City’s Existing Agreement with the Clean Mobility Options Voucher Pilot Program, and Amending Resolution No. 25-066, Adopting the Budget for the Fiscal Year 2026, to Increase Revenue and Expenditure Appropriations by $147,346.40 in the Sustainability and Resilience Department Miscellaneous Grants fund for Low-Income Bike Share Infrastructure and Programming.

Documents:
- November 18, 2025, report from the Sustainability & Resilience Director. - Proposed Resolution.

Speakers:
- Members of the Public: Barry Remis.

Motion:

Councilmembers Harmon/Santamaria to approve the staff
recommendation; Resolution No. 25-122; Agreement No. 28,808.

Vote:

Unanimous roll call vote (Absent: Councilmember Jordan, Mayor Rowse). 11/18/2025 Santa Barbara City Council Minutes Page 9 of 16

9. Subject: Acceptance of State of California Office of Traffic Safety Grants [Resolution; Agreement] (530.05)
Recommendation: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2026 in the Police Department Miscellaneous Grants Fund Budget in the Amount of $135,796;
B. Accept the State of California, Office of Traffic Safety Grants in the amount of $135,796 and authorize the Chief of Police to execute the grant agreements; and
C. Increase revenue and expenditure appropriations by $135,796 in the Police Department Miscellaneous Grants Fund for Fiscal Year 2026 for the Selective Traffic Enforcement and the Pedestrian and Bicycle Safety Program grants.

Documents:
- November 18, 2025, report from the Police Chief.
- Proposed Resolution.

Speakers:
- Members of the Public: Barry Remis
Motion:

Councilmembers Harmon/Santamaria to approve the staff
recommendation; Resolution No. 25-123; Agreement No. 28,815; 28,816.

Vote:

Unanimous roll call vote (Absent: Councilmember Jordan, Mayor Rowse). 11/18/2025 Santa Barbara City Council Minutes Page 10 of 16

12. Subject: Selection of Interim Service Provider for Referral-Based Emergency Shelter Services at 816 Cacique Street [Resolution; Agreement] (660.04) Recommendation: That Council:

A. Authorize the City Administrator to execute an Agreement with Mercy House Living Centers to provide interim referral-based emergency shelter services at People Assisting the Homeless (PATH) located at 816 Cacique Street in Santa Barbara, subject to approval as to form by the City Attorney; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Approve an Allocation in the Fiscal Year 2026 Expenditure Appropriations in the Flexible Housing Fund in the Amount of $750,000 to Fund an Agreement with an Interim Service Provider for Emergency Shelter Services.

Documents:
- November 18, 2025, report from the City Administrator. - Proposed Resolution.

Speakers:
- Staff: Deputy City Administrator Anthony Valdez; Senior Assistant to the City Administrator Barbara Andersen
- Members of the Public: Liz Adams, Natasha Torodovic.

Motion:

Councilmembers Harmon/Santamaria to approve the staff
recommendation; Resolution No. 25-126; Agreement No. 28,810.

Vote:

Unanimous roll call vote (Absent: Councilmember Jordan, Mayor Rowse). 11/18/2025 Santa Barbara City Council Minutes Page 11 of 16

13. Subject: First Amendment to Professional Services Agreement for an Extension of The Loop Shuttle Program on State Street with SWEEP Inc. [Resolution, Agreement] (510.01)
Recommendation: That Council:

A. Authorizes the City Administrator to execute a first amendment to increase the amount of Santa Barbara City Agreement No. 22500235 with SWEEP, Inc., by $193,800, for a total contract amount of $293,430 for transportation services from Cabrillo to Sola Street along State Street with four carts, including two Americans with Disabilities (ADA)-compliant carts, operating from 12pm – 7pm on Thursday through Sunday as described in revised scope of services attached to the First Amendment; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, for Professional Services for an Extension of The Loop Shuttle Program on State Street.

Documents:
- November 18, 2025, report from the City Administrator. - Proposed Resolution.

Speakers:
- Members of the Public: Barry Remis, Robin Elander.

Motion:

Councilmembers Harmon/Santamaria to approve the staff
recommendation; Resolution No. 25-127; Agreement No. 28,811.

Vote:

Unanimous roll call vote (Absent: Councilmember Jordan, Mayor Rowse). 11/18/2025 Santa Barbara City Council Minutes Page 12 of 16

18. Subject: First Amendment to City Administrator Employment Agreement [Agreement] (170.01)
Recommendation: That Council approve and authorize the Mayor to execute the First Amendment to the Employment Agreement with City Administrator Kelly McAdoo to (1) provide a 3.3% salary adjustment consistent with the most recent Consumer Price Index (CPI) increase; (2) authorize a City contribution of $2,000 per month ($24,000 annually) to a deferred compensation plan (457, 401(a), or 414(h)(2)). Approval of this First Amendment updates the City Administrator’s compensation to maintain internal equity among executive positions and provide a deferred compensation contribution consistent with comparable executive positions within the organization.

Documents:
- November 18, 2025, report from the City Administrator.

Speakers:
- Members of the Public: Ana.

Motion:

Councilmembers Harmon/Gutierrez to approve the staff recommendation; Agreement No. 28.484.1.

Vote:

Majority roll call vote (Abstain: Councilmember Santamaria; Absent:

Councilmember Jordan, Mayor Rowse).
11/18/2025 Santa Barbara City Council Minutes Page 13 of 16

21. Subject: Memorandum of Understanding with Vector Management District of Santa Barbara County at Santa Barbara Airport [Agreement] (560.01) Recommendation: That Council:

A. Authorize the City’s General Services Manager to issue a Purchase Order to the Mosquito and Vector Management District of Santa Barbara County (District) in the amount of $130,686 pursuant to the Sole Source provisions of the Santa Barbara Municipal Code Section 4.52.070(K) for mosquito monitoring and control services at the Airport;
B. Authorize the City’s General Services Manager to issue Purchase Orders and Change Orders to the District for four subsequent fiscal years for mosquito monitoring and control services, in amounts not to exceed the annual appropriated budget for the program as approved by City Council; and
C. Authorize the Airport Director to execute a Memorandum of Understanding between the City of Santa Barbara and the District describing mosquito monitoring and control services at the Airport.

Documents:
- November 18, 2025, report from the Airport Director.

Speakers:
- Members of the Public: Brian Cabrera
Motion:

Councilmembers Harmon/Santamaria to approve the staff
recommendation; Agreement No. 28,813.

Vote:

Unanimous roll call vote (Absent: Councilmember Jordan, Mayor Rowse). 11/18/2025 Santa Barbara City Council Minutes Page 14 of 16

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC HEARING

COMMUNITY DEVELOPMENT DEPARTMENT

26. Subject: 2025 California Building and Fire Codes Adoption [Ordinance Introduction] (610.01)
Recommendation: That Council:

A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 22.04 of the Municipal Code and Adopting by Reference the 2025 Edition of the California Building Code, Volumes 1 and 2; the 2025 Edition of the California Residential Code; the 2025 Edition of the California WildlandUrban Interface Code; the 2025 Edition of the California Electrical Code; the 2025 Edition of the California Mechanical Code; the 2025 Edition of the California Plumbing Code; the 2025 Edition of the California Energy Code; the 2025 Edition of the California Historical Building Code; the 2025 Edition of the California Existing Buildings Code; the 2025 Edition of the California Green Building Standards Code; the 2025 Edition of the California Referenced Standards Code; and the 2024 International Property Maintenance Code; Adopting Local Revision to Those Codes; and Repealing Ordinance Number 6093; and
B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 8.04 of the Municipal Code and Adopting by Reference the 2024 International Fire Code, Including Appendix Chapter 4 and Appendices B, BB, C, CC, and H of that Code; the 2025 Edition of the California Wildland-Urban Interface Code, and the 2025 California Fire Code with Local Amendments to Both Codes.

Mayor Pro Tem Friedman opened the Public Hearing at 3:32 p.m.

Documents:
- November 18, 2025, report from the Community Development Director and the Fire Chief.
- PowerPoint presentation prepared and made by Staff.
- Proposed Ordinance.

Speakers:
- Staff: Fire Marshal Ryan DiGiulio; Building Official Christina Dye. - Members of the Public: None.
11/18/2025 Santa Barbara City Council Minutes Page 15 of 16

26. Subject: 2025 California Building and Fire Codes Adoption [Ordinance Introduction] (610.01) (CONT’D)
Mayor Pro Tem Friedman closed the Public Hearing at 3:41 p.m.

Motion:

Councilmembers Gutierrez/Harmon to approve the recommendations as made by staff.

Vote:

Unanimous roll call vote (Absent: Councilmember Mike Jordan, Mayor Randy Rowse).

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS & ENGAGEMENTS - Councilmember Friedman attended the following meetings or events: 1. Community Environmental Panel for Youth with Councilmembers Sneddon and Gutierrez; 2.

Veterans Day annual event with Councilmember Gutierrez and Mayor Rowse; 3. Heal the Ocean Annual Wrap-up event; 4. Reception for new library director Brandon Beaudette.
- Councilmember Gutierrez attended the following meetings or events: 1. Sister Cities trips to China and Japan and received positive comments regarding Administrator McAdoo on the trip;
- Councilmember Sneddon attended the following meetings or events: 1. Community Environmental Council for Youth; Riviera Association meeting; 3. Sierra Club meeting;

4. Cal Poly Planning Students Open House; 5. Cachuma Operation and Management Board meeting; 6. Eastside Neighborhood Group meeting with Councilmember Santamaria; 7. Happy birthday to Helene Schneider.

PUBLIC COMMENT (IF NECESSARY)
No one wished to speak.
11/18/2025 Santa Barbara City Council Minutes Page 16 of 16

ADJOURNMENT
Mayor Pro Tempore Friedman adjourned the meeting at 3:47 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 16, 2025.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

ERIC FRIEDMAN SARAH GORMAN

MAYOR PRO TEMPORE CITY CLERK SERVICES MANAGER
11/18/2025 Santa Barbara City Council Minutes Page 1 of 3

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
NOVEMBER 18, 2025
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Pro Tem Friedman called the meeting to order at 10:31 a.m.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Friedman

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Wendy Santamaria (10:57 a.m.), Kristen W. Sneddon.

Councilmembers absent: Mike Jordan, Mayor Randy Rowse.

Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, Deputy City Clerk Austin Taylor.

CLOSED SESSIONS

1. Subject: Public Employee Appointment and Compensation Negotiations -- Gov. Code Sections 54957 (b)(1) and 54957.6 (160.01)
Recommendation: That Council hold a closed session pursuant to Government Code Sections 54957 (b)(1) and 54957.6 to consider the appointment of the City Attorney and to engage in negotiations regarding compensation and benefits for the City Attorney and provide direction to the City’s designated representative. Any final action or approval of a City Attorney employment agreement will occur in open session at a future City Council meeting, consistent with the requirements of state law.

Title: City Attorney
Scheduling: Duration: 15 minutes; anytime
Report: Anticipated
11/18/2025 Santa Barbara City Council Minutes Page 2 of 3 Document:
- November 18, 2025, report from the Human Resources Director.

Time:
- 10:32 a.m. – 10:47 a.m.

Report:
- Mayor Pro Tem Friedman reported that John Doimas was appointed City Attorney with a unanimous vote, with Councilmembers Jordan, Santamaria, and Mayor Rowse not present.

2. Subject: Conference with Labor Negotiators (440.05)
Recommendation: That Council hold a closed session pursuant to the authority of Government Code Section 54957.6 to consider instructions to City Negotiator/Human Resources Director Michael Arnoldus and Assistant City Attorney John Doimas regarding negotiations with Service Employees’ International Union, Local 620, Treatment and Patrol Bargaining Unit; Service Employees’ International Union, Local 620, Santa Barbara City Employees’ Association (General Bargaining Unit); Fire Management Association; Santa Barbara City Firefighters Association; Police Officers Association; Police Management Association; Santa Barbara City Supervisory Employees; American Federation of State, County, and Municipal Employees and Unrepresented Managers and Confidential Employees.

Scheduling: Duration: 30 minutes; anytime
Report: None anticipated
Document:
- November 18, 2025, report from the Human Resources Director.

Time:
- 11:15 a.m. – 11:14 p.m.

Report:
- No report made.

3. Subject: Conference with City Attorney -- Anticipated Litigation -- Gov. Code § 54956.9(d)(4): Initiation of Litigation on One Matter (160.03) Recommendation: That Council hold a closed session to consider initiating litigation pursuant to subsection (d)(4) of Section 54956.9 of the Government Code and take appropriate action as needed (one potential case).

This matter involves the installation of the City’s Desalination Conveyance Main Pipeline by the contractor Toro Enterprises Inc.
11/18/2025 Santa Barbara City Council Minutes Page 3 of 3 Scheduling: Duration: 30 minutes; anytime
Report: Report may be announced if Council takes an action in closed session.

Document:
- November 18, 2025, report from the City Attorney.

Time:
- 11:15 a.m. – 11:35 a.m.

Report:
- No report made.

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

ADJOURNMENT
Mayor Pro Tem Friedman adjourned the meeting at 11:40 a.m.

Approved and adopted by the City Council of the City of Santa Barbara on December 16, 2025.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
ORDINANCE NO. __________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA APPROVING AND AUTHORIZING THE

CITY ADMINISTRATOR TO EXECUTE THE STATE OF

CALIFORNIA DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT WITH THE DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT FOR THE

LOCAL HOUSING TRUST FUND GRANT PROGRAM,

COMMENCING UPON THE EFFECTIVE DATE OF THE

ENABLING ORDINANCE
The COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

SECTION 1. In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, an Ordinance of the Council of the City of Santa Barbara approving and authorizing the City Administrator to execute the State of California Department of General Services Standard Agreement with the Department of Housing and Community Development for the Local Housing Trust Fund Grant Program, a copy of which is on file with the City Clerk, commencing upon the effective date of the enabling ordinance, is hereby approved.

Agenda Item No. 3
File Code No. 660.01
ORDINANCE NO. ___________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA APPROVING A LOAN AGREEMENT

WITH THE HOUSING AUTHORITY OF THE CITY OF
SANTA BARBARA IN THE AMOUNT OF $1,945,176 FOR
DEVELOPMENT OF REAL PROPERTY LOCATED AT 15

SOUTH HOPE AVENUE TO BE USED FOR PERMANENT

AFFORDABLE HOUSING, TO BE SECURED BY A DEED
OF TRUST AND A 90-YEAR AFFORDABILITY CONTROL

COVENANT IMPOSED ON REAL PROPERTY AND

AUTHORIZING THE CITY ADMINISTRATOR TO

EXECUTE SUCH AGREEMENTS, SUBJECT TO
APPROVAL AS TO FORM BY THE CITY ATTORNEY;
AND RESCINDING ORDINANCE NO. 6174

WHEREAS, THE HOUSING AUTHORITY OF THE CITY OF SANTA BARBARA ("Owner'') is developing real property commonly known as 15 South Hope Avenue in the City of Santa Barbara ("Property); and
WHEREAS, by minute action on December 9, 2025, the City Council introduced an ordinance to approve a 30-year loan in the amount of One Million Nine Hundred FortyFive Thousand, One Hundred and Seventy-Six Dollars ($1,945,176), from the City’s Local Housing Trust Fund ("City Loan") with $495,176 received from the California Local Housing Trust Fund Grant Program and $1,450,000 in matching funds allocated from the City of Santa Barbara’s Local Housing Trust Fund, secured by a deed of trust and a ninety-year affordability control covenant; and
WHEREAS, in exchange for the City Loan, Owner and City agree to record an Affordability Control Covenant imposed on Real Property restricting the rental of the Property to Permanent Affordable Housing ("Covenant") for a total of ninety (90) years to comply with the City's Affordable Housing Policies and Procedures; and WHEREAS, the City Loan is secured by the Deed of Trust recorded in the office of the County Recorder on ____, 2025, as Instrument No. of official records for the purpose of securing Owner's obligations under the City Loan; and WHEREAS, Owner agrees to comply with Covenant recorded in the office of the County Recorder on , 2025, as Instrument No. of
official records.

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

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

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
BARBARA AMENDING SECTIONS 30.57.030, 30.157.025,

30.157.050, 37.157.110, 37.157.170, 30.220.020, AND

30.300.080 OF THE SANTA BARBARA MUNICIPAL CODE

PERTAINING TO PROTECTION OF HISTORIC RESOURCES

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

SECTION 1. Section 30.57.030 of Chapter 30.57 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

30.57.030 Design Review Standards for El Pueblo Viejo Landmark District Overlay Zone.

A. Purpose. The purpose of El Pueblo Viejo LD Overlay Zone (EPV) is to preserve and enhance the unique historic and architectural character of the central core area of the City of Santa Barbara, which developed around the Royal Presidio, founded in 1782, and which contains many of the City's important historic and architectural Landmarks, Structures of Merit, and historic resources listed in the Local Register of Historical Resources that contribute to the historic importance of EPV Landmark District as provided in this chapter. This purpose is to be achieved by regulating the compatibility of architectural styles used in the construction of new structures and the exterior alteration of existing structures within a designated area, which includes the scenic entrances to the central core area of the City, in order to continue and perpetuate the City of Santa Barbara's renowned tradition of California Adobe, Mission Revival, Spanish Colonial Revival, Monterey and Italian Mediterranean, and subsets of those styles of architecture.

B. Alterations within El Pueblo Viejo LD Overlay Zone.

1. Spanish Colonial Revival/Mediterranean Style Required. Any structure, site or feature hereafter constructed or altered as to its exterior appearance and located within El Pueblo Viejo Landmark District shall, as to its exterior architecture, be compatible with the Spanish Colonial Revival/Mediterranean tradition as it has developed in the City of Santa Barbara from the later 18th century to the present, with emphasis on early 19th century California Adobe styles, and Spanish Colonial Revival/Mediterranean styles of the period from 1915 to 1930. Examples of these styles are:
a. Hill-Carrillo Adobe, 11-15 East Carrillo Street (California Adobe) Agenda Item No. 4
File Code No. 640.09
2 b. Casa De La Guerra Adobe, 9-15 East De La Guerra Street (California Adobe)
c. Covarrubias Adobe, 715 Santa Barbara Street (California Adobe) d. Mihran Studios, 17-21 East Carrillo Street (Monterey Subset of the Spanish Colonial Revival)
e. Arlington Theatre, 1317 State Street (Spanish Colonial Revival) f. Santa Barbara County Courthouse, 1120 Anacapa Street (Spanish Colonial Revival)
g. El Paseo, 813 Anacapa and 25 East De La Guerra Streets (Spanish Colonial Revival)
h. Lobero Theatre, 33 East Canon Perdido Street (Spanish Colonial Revival)

2. Other Compatible Styles May Be Allowed. Notwithstanding subsection A above, alterations to existing structures within El Pueblo Viejo Landmark District may also be permitted by the Historic Landmarks Commission under the following circumstances:
a. The alterations or additions to the structure match the original architectural style of a historic resource and such alterations or additions do not significantly alter the structure; and
b. The alteration or addition would be more compatible with the existing structure by matching and maintaining the existing architectural style, which demonstrates outstanding attention to architectural design, detail, material, or craftsmanship.

C. Description. The following described area within the City of Santa Barbara constitutes El Pueblo Viejo LD Overlay Zone (depicted in Figures 1 and 2) incorporated herein, and made a part hereof including all notations, references, and other information shown therein. In the event of any variance between the maps and the written descriptions contained in this section, the written descriptions shall prevail:

1. El Pueblo Viejo Landmark District-Part I
Beginning at the intersection of State Street with Mission Street; thence southeasterly along State Street to its intersection with Sola Street; thence northeasterly along Sola Street to its intersection with Laguna Street; thence southeasterly along Laguna Street to its intersection with Ortega Street; thence southwesterly along Ortega Street to its intersection with State Street; thence southeasterly along State Street to its intersection with East Cabrillo Boulevard; thence northeasterly along East Cabrillo Boulevard to its intersection with Santa Barbara Street; thence northwesterly along Santa Barbara Street to its intersection with the extension of Garden Street; thence northwesterly along the extension of Garden Street to U.S. Highway 101; thence returning southwesterly along Garden and Santa Barbara Streets to the intersection of Santa Barbara Street with East 3 Cabrillo Boulevard; thence northeasterly along East Cabrillo Boulevard to its intersection with U.S. Highway 101; thence returning along Cabrillo Boulevard to its intersection with Castillo Street; thence northwesterly along Castillo Street to its intersection with U.S. Highway 101; thence returning southeasterly along Castillo Street to its intersection with Cabrillo Boulevard; thence returning northeasterly along West Cabrillo Boulevard to its intersection with Chapala Street; thence northwesterly along Chapala Street to its intersection with Carrillo Street; thence southwesterly along Carrillo Street to its intersection with U.S. Highway 101; thence northeasterly along Carrillo Street to its intersection with Chapala Street; thence northwesterly along Chapala Street to its intersection with Sola Street; thence northeasterly along Sola Street to its intersection with State Street; thence northwesterly along State Street to its intersection with Mission Street; said intersection being the point of beginning.

2. El Pueblo Viejo Landmark District-Part II
Beginning at the intersection of Los Olivos Street and Laguna Street; thence southwesterly along Los Olivos Street to its intersection with Garden Street; thence northwesterly along Garden Street to its intersection with the southerly prolongation of a line bearing N.03°16′40″W. as shown in Assessor's Map Book 51, page 15, County of Santa Barbara, dated 1960; thence northerly along said line to its intersection with a line bearing N.29°11′W.; thence northwesterly along said line to its intersection with the boundary line of the City of Santa Barbara; thence beginning northeasterly and continuing along said boundary line to its intersection with the northerly prolongation of Mission Ridge Road; thence southerly and westerly along Mission Ridge Road to a line bearing N.03°W., said line being the westerly line of Mission Ridge Road and the easterly boundary line of Parcel 19-071-10 shown in Assessor's Map Book 19, page 07, County of Santa Barbara, dated 9/73; thence along a straight line southwesterly to the intersection of Plaza Rubio and Emerson Avenue; thence southwesterly along Plaza Rubio to its intersection with Laguna Street; thence northeasterly along Laguna Street to its intersection with Los Olivos Street, said intersection being the point of beginning.

The El Pueblo Viejo Landmark District shall include all properties located within the area described in this section, and all properties fronting on either side of any street or line forming the boundary of such area; except that the following areas shall be excluded: Stearns Wharf;
a. Areas located within the Brinkerhoff Avenue Landmark District; and b. That area south of West Cabrillo Boulevard and to the west of a point 150 feet east of an imaginary extension of Bath Street at its same course. 4 SECTION 2. Section 30.157.025 of Chapter 30.157 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

30.157.025. Significance Criteria.

In considering a proposal to designate or recommend designation of any structure, site or feature as a Landmark, Structure of Merit or for inclusion on the Local Register of Historical Resources, any structure, site or feature must be at least 50 years of age, meet one or more of the criteria outlined below, and retain historic integrity. The designating authority must find that the structure, site or feature retains enough historic integrity of location, design, setting, materials, workmanship, feeling, and association that it conveys its historic significance in accordance with the most recent National Register of Historic Places Bulletin Haw to Apply the National Register Criteria for Evaluation. The designating authority must find that the structure, site or feature meets one or more of the following Significance Criteria:

A. It is associated with events that have made a significant contribution in our past; B. It is associated with the lives of persons significant in our past; C. It embodies the distinctive characteristics of a type, period, architectural style or method of construction, or represents the work of a master, or possesses high artistic or historic value, or represents a significant and distinguishable collection whose individual components may lack distinction;
D. It yields, or may be likely to yield, information important in prehistory or history; or E. Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood.

SECTION 3. Section 30.157.050 of Chapter 30.157 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

30.157.050 Procedure for Listing on the Local Register of Historical Resources.

The Historic Landmarks Commission, through the City's Architectural Historian, shall maintain for public review, and periodically update, a Local Register of Historical Resources, as defined by Section 30.300.080 "H" hereinafter "Register," identifying those properties officially designated or recognized as historically significant by City of Santa Barbara as per the procedures outlined in this chapter. The Register is maintained for the purpose of clearly identifying historic resources whose preservation is important to the heritage of the community.

A. Criteria for Inclusion. Historic resources in the Register shall be identified through either a professional historical resource survey or individual historic resource evaluation and be found historically significant under the criteria outlined in this chapter.

B. Listing Historic Resources on the Register.

1. Identification of Historic Resources. Properties may be proposed for inclusion in the Register in one of the following ways:
5 a. Administrative Listing. Buildings that are 50 years old or older shall be referred to the City's Architectural Historian, or qualified designee for a determination of whether the structure, site, or feature may be eligible for inclusion on the Register list based upon the criteria in this chapter. This referral shall occur whenever an application for a discretionary action, ministerial action, or building permit application is submitted to demolish a structure or to complete exterior alterations visible from the public rightof-way. Exterior alterations exempt under this section include repairs that match existing and the installation of a utility.
i. Historic Significance. If the City's Architectural Historian finds that the structure, site, or feature meets the criteria for historic significance, the City's Architectural Historian will prepare a Significance Report and add the structure, site or feature to the Register. The permit application will be processed as a historic resource as outlined in this chapter.
ii. No Historic Significance. If the City's Architectural Historian finds no historic significance, the structure, site or feature shall not be listed on the Register and the building permit/demolition permit application shall continue to be processed, provided the applicant has otherwise complied with all necessary City permit or approval submittal requirements.
b. Results of a Professional Historic Resources Survey or Historic Structures/Sites Report. Any individual historic resources or historic district overlay zones found historically significant in a Historic Resources Survey or Historic Structures/Sites Report conducted by a qualified professional and accepted by the Historic Landmarks Commission at a public hearing shall be added to the Register.

2. Notice. The City shall notify the applicant and property owner(s) in writing whether the structure, site, or feature will be added onto the Register.

C. Procedure for Removing Historic Resources from the Register. The property owner(s) may request to be removed from the Register pursuant to the process outlined below. Removal of a historic resource from the Register may be proposed by the property owner(s), the Historic Landmarks Commission, or any interested party or entity based on evidence that the structure, site or feature does not possess, or no longer possesses, any historical significance as determined by Section 30.157.025.

1. Notice of Public Hearing. All applications to remove a property from the Register shall require public notice to the owner of the property only and hearing pursuant to Chapter 30.205, Common Procedures. A proposal to remove a structure, site or feature from the Register shall be considered by the Historic Landmarks Commission at a noticed public hearing pursuant to this chapter.
6 2. Historic Landmarks Commission Public Hearing. The City's Architectural Historian shall prepare a Significance Report evaluating the historical integrity and ability of the structure, site or feature to meet the criteria outlined in this chapter. To remove the historic resource from the Register, the Historic Landmarks Commission shall determine that the historic resource no longer meets the designation criteria due to a factual finding that:
a. There is a preponderance of new evidence demonstrating that the building, site or feature is not historically or culturally significant; b. Destruction of the historic resource through a catastrophic event has rendered the resource a hazard to the public health, safety, or welfare; or
c. The historic resource has been altered, demolished, or relocated in conformance with all necessary permits.

3. Notice of Removal. Notice of the removal of a historic resource from the Register shall be mailed to the owner(s).

SECTION 4. Section 37.157.110 of Chapter 30.157 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

30.157.110 Required Findings for Alterations, Maintenance, Relocation and Demolition of Historic Resources.

In addition to any other application requirements, an application to demolish a historic resource shall include evidence in support of the applicable findings required below. This may include presenting preservation alternatives such as adaptive reuse, rehabilitation, reconstruction or relocation.

A. Major Alterations. A Major Alteration, as defined in Section 30.300.080 "H", Historic Resources Related Definitions, may only be approved if the Historic Landmarks Commission finds that:

1. The exterior alterations are being made to restore the historic resource to its original appearance or in order to substantially aid its preservation or enhancement as a historic resource; and

2. The exterior alterations are consistent with the Secretary of the Interior's Standards.

B. Minor Alterations for Landmarks, and Structures within El Pueblo Viejo Landmark District. A Minor Alteration, as defined in Section 30.300.080 "H", Historic Resources Related Definitions, may only be approved for Landmarks, and structures within El Pueblo Viejo Landmark District, if the Historic Landmarks Commission finds that:

1. The exterior alterations are being made primarily for, and will substantially advance, restoration of the Historic Resource to its original appearance; and

2. The alterations are consistent with the Secretary of the Interior's Standards. 7 C. Minor Alterations for Structures of Merit, and Resources on the Local Register of Historical Resources or Within a Historic District Overlay Zone. A Minor Alteration, as defined in Section 30.300.080 "H", Historic Resources Related Definitions, may only be approved for Structures of Merit, and resources on the Local Register of Historical Resources within a Historic District Overlay Zone, if the Historic Landmarks Commission finds that:

1. The exterior alterations are being made primarily for, and will substantially advance, restoration of the Historic Resource to its original appearance; and

2. The alterations are consistent with the Secretary of the Interior's Standards.

D. Ordinary Maintenance. Ordinary maintenance as defined in Section 30.300.080 "H", Historic Resources Related Definitions under ordinary maintenance to a historic resource shall be approved by the City's Architectural Historian only if he or she finds that:

1. The ordinary maintenance is being made primarily for, and will substantially advance, restoration of the historic resource to its original appearance; and

2. The ordinary maintenance is consistent with the Secretary of the Interior's Standards.

E. Relocation. A proposal to relocate a historic resource, including a landscape feature, may only be approved if the Historic Landmarks Commission finds that:

1. The relocation does not constitute a "substantial redevelopment" or "demolition" as defined this chapter;

2. The relocation does not constitute alterations that would be incompatible with the goal of long-term preservation or enhancement of the historic resource;

3. The relocation will substantially aid in its long-term preservation or enhancement as a historic resource; and

4. The relocation is consistent with the Secretary of the Interior's Standards.

F. Substantial Redevelopment or Demolition of a Landmark A proposal to substantially redevelop or demolish a Landmark may only be approved if the Historic Landmarks Commission finds that the Landmark has been damaged by an earthquake, fire, or other similar natural casualty such that its repair or restoration is not reasonably practical or feasible as supported by substantial evidence provided by at least one qualified structural engineer or architect qualified in historic preservation. The Historic Landmarks Commission may require, as conditions of approval of a demolition, that the property owner(s) salvage historic materials from the property and/or provide archival quality photo documentation of the remaining historic materials of the structure, site or feature to the City.

G. Demolition of Historic Resources other than Landmarks. A proposal to demolish a historic resource other than a Landmark may only be approved if the Historic Landmarks Commission has made at least one of the following findings:
8 1. Specific measures have been incorporated into the project scope to mitigate the loss of the historic resource to a less than significant level;

2. The historic resource has been damaged by an earthquake, fire, or other similar casualty such that its repair or restoration is not reasonably practical or economically feasible as supported by substantial evidence provided by at least one qualified structural engineer or architect qualified in historic preservation. The Historic Landmarks Commission may require, as conditions of approval of a demolition, that the property owner(s) salvage historic materials from the property and/or provide archival quality photo documentation of the remaining historic materials of the structure, site or feature to the City;

3. Preservation of the historic resource is not economically feasible or practical, or no viable measures could be taken to adaptively use, rehabilitate, or restore the historic resource as supported by substantial evidence provided by at least one qualified historic preservation specialist, structural engineer (qualified in historic preservation), or architect (qualified in historic preservation) sufficient to warrant demolition; or

4. A compelling public interest justifies demolition.

SECTION 5. Section 37.157.170 of Chapter 30.157 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

30.157.170 Enforcement and Penalties.

A. Misdemeanor. Any person who violates a requirement of Chapters 30.220, 30.157,

30.57, and 30.237 fails to obey an order issued by the Historic Landmarks Commission, or City Council pursuant to these chapters, or fails to comply with a permit condition of approval issued under these chapters shall be guilty of a misdemeanor.

B. Nature of Violation/Moratorium. Any substantial alteration, demolition by neglect or demolition of a designated Landmark, Structure of Merit, contributing resource, historic resource listed on the City's Local Register of Historical Resources or historic resources being reviewed in a survey, or historic resources located within a Landmark or Historic District in violation of these chapters, is expressly declared to be a public nuisance and, to the fullest extent possible, shall be abated by restoring or reconstructing the historic resource to is original condition as it existed prior to the violation. In the case of alteration, demolition by neglect or demolition of any historic resource described herein, the Community Development Director is hereby authorized to issue a temporary moratorium for the development of the subject property upon which such historic resource, prior to its demolition, was located for a period not to exceed 60 months (five years).

C. Civil Penalties. Any person or entity who alters, demolishes by neglect or demolishes those items stated in subsection B, above, in violation of these chapters, shall be liable for a civil penalty. In the case of demolition or demolition by neglect, the civil penalty shall be equal to one-half the fair market value of the structure prior to 9 the demolition. In the case of alteration, the civil penalty shall be equal to one-half the cost of restoration of the altered portion of the historic resource based on an estimate obtained by the City at the cost of the offender. Once the civil penalty has been paid, building and construction permits and/or a Certificate of Occupancy may be issued.

This penalty is in addition to, and not in lieu of, the moratorium set forth in subsection B, above.

D. Other Remedies. The City Attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction, or replacement of the historic resource demolished, partially demolished, altered, or partially altered in violation of this chapter. The City Attorney may also pursue any other action or remedy authorized under the Santa Barbara Municipal Code, State law, and/or in equity for any violation of Chapters 30.220,

30.157, 30.57, and 30.237. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty or other remedy provided by law.

E. Continuing Violation. In accordance with Section 1.28.050, violations of Chapters

30.220, 30.157, 30.57, and 30.237 are deemed continuing violations and, each and every day a violation continues, is deemed to be a new and separate offense subject to a maximum civil penalty for each and every offense.

SECTION 6. Section 30.220.020 of Chapter 30.220 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

30.220.020 Historic Landmarks Commission.

A. Purpose. The recognition and preservation of structures, sites, and natural features having historic, architectural, archaeological, or cultural significance is in the interest of the health, economic prosperity, and general welfare of the community. This chapter implements the City Charter and Historic Resources Element of the General Plan by protecting and preserving historic resources and implements the powers and duties of the Historic Landmarks Commission. The specific purposes of this chapter are the following:

1. To safeguard the City's heritage by protecting historic resources representing significant elements of its history;

2. To protect and enhance the City's visual character by encouraging and regulating architectural styles within Landmark and Historic Districts, that reflect the City's unique and established architectural, cultural and landscape traditions;

3. To foster public appreciation of, and civic pride in, the beauty of the City and the accomplishments of its cultural past;

4. To strengthen the economy and vitality of the City by protecting and enhancing the City's attractions to residents and visitors;

5. To promote the private and public use of Landmarks, Structures of Merit, and Historic Districts for the education, prosperity, and general welfare of the people; 10 6. To stabilize and improve property values within the City;

7. To undertake the identification, inventory, and consideration of structures, sites, and features that may merit designation as a historic resource;

8. To promote high standards in architectural and landscape design and the construction of aesthetically pleasing structures;

9. To promote neighborhood compatibility; and

10. To ensure that the review process is fair and consistent both in policy and implementation, and to allow all who are involved to participate in the process.

B. Applicability.

1. Exterior Alterations, Relocation and Demolition. Approval by the Historic Landmarks Commission is required for any exterior alteration, relocation, or demolition, including demolition by neglect of a structure, site, or feature developed with, containing, or located within any of the following:
a. City-Owned or Leased Property. If the alteration, construction or relocation of any structure, natural feature, site or area owned or leased by the City has a historic resource on the lot, the entire property is under Historic Landmarks Commission jurisdiction, except for the Airport Property due to the size of the property and demand for air use and the Historic Landmarks Commission purview will be over historic resources on the site only. b. El Pueblo Viejo Landmark District. As defined in Section 30.57.030. c. Historic Resource. A historic resource as defined in Section 30.300.080 "H" Historic Resources Related Definitions.
d. Historic District (HD) Overlay Zones. All properties, contributing and noncontributing, within a HD Overlay Zone. e. Publicly Owned Buildings Generally. Except as provided in Subsections B.1.f. and g below, any structure, natural feature, site or area owned or leased by any public entity other than the City of Santa Barbara and designated as a Landmark or Structure of Merit, or located within any landmark district, shall not be subject to the provisions of this chapter. f. Public Interest Exception for City Facilities. The City Council shall first make a public interest determination on whether the alteration, construction or relocation of any structure, natural feature, site or area owned or leased by the City and designated as a Landmark or Structure of Merit, or located within any Landmark or Historic District, is exempt from review by the Historic Landmarks Commission.
g. Highway 101 Santa Barbara Coastal Parkway Special Design District. A natural feature, site or area owned or leased by a public entity within the Highway 101 Santa Barbara Coastal Parkway Special Design District as 11 defined by Section 22.68.060.C, which requires a Coastal Development Permit and which is designated as a Landmark, Structure of Merit, or which is located within any Landmark or Historic District shall be reviewed by the Historic Landmarks Commission.

2. Minor Zoning Exceptions and Other Approvals. In addition to any review required pursuant to this chapter, the Historic Landmarks Commission shall review all applications for Minor Zoning Exceptions.

3. Exception for Certain Trees. Notwithstanding the above, the placement, alteration, or removal of trees shall be processed in accordance with Chapter

15.20 or 15.24, as applicable.

C. Review Authority. The Review Authority shall approve, conditionally approve, revise or deny all applications for design review based on consideration of the requirements of this chapter.

1. Historic Landmarks Commission. The Historic Landmarks Commission shall review all applications as required by this chapter, including minor alterations on Landmarks and in El Pueblo Viejo Landmark District, and alterations contributing to a historic resources in a historic district overlay zone and properties listed on the Local Register of Historical Resources.

2. City Architectural Historian (as defined under Qualified Professional Staff in Historic Preservation). Shall review ordinary maintenance contributing to historic resources in a historic district overlay zone and properties listed on the Local Register of Historical Resources (as defined in Section 30.300.080 "H").

Ordinary maintenance done to a Historic Resource may be approved through the issuance of a Certificate of Appropriateness as a ministerial action by the City's Architectural Historian without review by the Historic Landmarks Commission. a. Referrals to Historic Landmarks Commission. The City's Architectural Historian may refer any proposed ordinary maintenance to the Historic Landmarks Commission if the City's Architectural Historian finds that the maintenance has the potential to have an adverse effect on the integrity of the historic resource because it does not meet the Secretary of the Interior Standards.
b. Administrative Review. The issuance of the Certificate of Appropriateness by the City's Architectural Historian is a ministerial action and does not require a noticed public hearing and is otherwise final and not appealable.

D. Referrals to Planning Commission.

1. Planning Commission Comments. When the Historic Landmarks Commission determines that a development is proposed for a site which is highly visible to the general public, the Historic Landmarks Commission may, prior to granting project design approval of the application, require presentation of the application to the Planning Commission solely for the purpose of obtaining comments from the Planning Commission regarding the application. Planning Commission 12 comments would be considered by the Historic Landmarks Commission in its deliberations.

2. Public Notice and Hearing. Prior to making any comments regarding an application pursuant to this section, the Planning Commission shall hold a noticed public hearing. Notice of the hearing shall be provided in accordance with the requirements of Chapter 30.205, Common Procedures.

E. Public Notice and Hearing. Projects That Require Public Notice. Applications for the following projects shall require public notice and hearing pursuant to Chapter 30.205, Common Procedures.

1. New single residential units, two-unit residential units, multiple residential units, mixed-use buildings or nonresidential buildings located in El Pueblo Viejo Landmark District or a Historic District;

2. The addition of over 500 square feet of net floor area to a single-unit residential or two-unit residential unit;

3. An addition of a new second or higher story to an existing single-unit residential or two-unit residential housing type;

4. An addition of over 150 square feet of net floor area to an existing second or higher story of a single-unit residential or two-unit residential housing type;

5. The addition of over 500 square feet of net floor area or any change that will result in an additional residential unit to a multi-unit residential housing type;

6. Whenever approval of a Development Plan is required pursuant to Chapter

28.85 or 30.170 (Nonresidential Growth Management Program);

7. Projects involving more than 250 cubic yards of grading outside the footprint of any main building (soil located within five feet of an exterior wall of a main building that is excavated and re-compacted shall not be included in the calculation of the volume of grading outside the building footprint);

8. Projects involving exterior lighting with the apparent potential to create significant glare on neighboring parcels;

9. Projects involving the placement or removal of natural features with the apparent potential to significantly alter the exterior visual qualities of real property;

10. Projects involving an application for an exception to the parking requirements for a single residential unit as specified in Subsection 28.90.100.G.1.c. or Subsection 30.175.030.N.1.a.;

11. Projects involving an application for a Minor Zoning Exception as specified in Section 30.245.060; or

12. All proposals to designate a City Landmark or Structures of Merit. 13 F. Project Compatibility.

1. Project Compatibility Findings. In addition to any other considerations and requirements specified in this Code, the applicable findings identified below shall be considered by the Historic Landmarks Commission when it reviews and approves or disapproves the design of a proposed development project in a noticed public hearing pursuant to the requirements of Section 30.157.100. a. Consistency with Design Guidelines. The design of the project is consistent with design guidelines applicable to the location of the project within the City; b. Compatible with Architectural Character of City and Neighborhood. The design of the project is compatible with the desirable architectural qualities and characteristics which are distinctive of Santa Barbara and of the particular neighborhood surrounding the project;
c. Appropriate Size, Mass, Bulk, Height, and Scale. The size, mass, bulk, height, and scale of the project is appropriate for its location and its neighborhood;
d. Sensitivity to Adjacent Landmarks and Historic Resources. The design of the project is appropriately sensitive to adjacent Federal, State, or City Landmarks or other nearby designated historic resources, including City structures of merit, sites, or natural features;
e. Public Views of the Ocean and Mountains. The design of the project responds appropriately to established scenic public vistas; or f. Use of Open Space and Landscape. The project includes an appropriate amount of open space and landscape.

2. Review Procedures.
a. Projects with Design Review Only. If a project only requires design review by the Historic Landmarks Commission pursuant to the provisions of this chapter and does not require discretionary land use approval, the Historic Landmarks Commission shall consider the applicable Project Compatibility Findings during the course of its review prior to granting an approval, denial or continuance of project design approval for the project. b. Projects with Design Review and Other Discretionary Approvals. If, in addition to design review by the Historic Landmarks Commission, a project requires a discretionary land use approval (either from the Staff Hearing Officer, the Planning Commission, or the City Council), the Historic Landmarks Commission shall review and discuss the applicable Project Compatibility Findings during its conceptual review of the project and shall provide its comments on those findings as part of the minutes of the Historic Landmarks Commission hearing which would then be forwarded to the Staff Hearing Officer, the Planning Commission, or the City Council (as applicable).
14 G. Appeals. Appeals of any decision of the Historic Landmarks Commission to the City Council may be made in accordance with the requirements of Section 30.205.150, Appeals.

1. Limits on New Evidence. The City Council will decide the appeal in the exercise of its independent judgment based upon the record of the proceedings of the Historic Landmarks Commission. New evidence will not be considered unless the City Council determines that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Historic Landmarks Commission.

SECTION 7. Section 30.300.080 of Chapter 30.300 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:

30.300.080 “H”.

Habitable Space. See Floor Area, Livable.

Hardscape. Paving, decks, patios, and other hard, horizontal surfaces.

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Hazardous Waste Management Plan. A plan prepared, adopted and amended from time to time, pursuant to Section 25135 of the California Health and Safety Code by Santa Barbara County to direct the management of hazardous wastes within the boundaries of the County. It is also known as the Hazardous Waste Element of the Santa Barbara County Comprehensive Plan.

Hazardous Waste. A waste, or combination of wastes, which because of the quantity, concentration or physical and chemical characteristics may either: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed. Hazardous waste also includes those materials described in Title 22, Division 4.5, Chapter 11, California Code of Regulations.

Hearing. Includes any public hearing, workshop, or similar meeting, including any appeal, conducted by the city with respect to a development project.

Heat. Thermal energy of a radioactive, conductive, or convective nature.

Hedge. A row of shrubs, bushes, or any other kind of plant material that forms a boundary or substantially continuous visual barrier. Also called Screen.

Height. The vertical distance from a point on the ground below a structure to a point directly above. See also, Section 30.15.090, Measuring Height and Stories.

High Fire Hazard Area. The High Fire Hazard Area includes the City's four High Fire Hazard 15 Zones: Coastal, Coastal Interior, Extreme Foothill, and Foothill. The Extreme Foothill and Foothill zones are also designated as the "Very High Fire Hazard Severity Zone," by the California Department of Forestry and Fire Protection and as defined in the City's Community Wildfire Protection Plan adopted by City Council.

Historic Resources Related Definitions. The following terms are related to the rules and regulations applicable only to historic resources.

1. Adobe. An unburnt, sun-dried, clay brick; or a building made of adobe bricks.

2. Adjacent. See Abutting, as defined in Section 30.300.010.

3. Archaeological site. The location of a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses archaeological value regardless of the value of any existing buildings or structures. (For the protection of significant archaeological and paleontological resources within the City, please refer to Chapter 22.12, Archaeological and Paleontological Resources.)

4. Buffer Area. An area of land, developed or undeveloped surrounding a historic resource, El Pueblo Viejo Landmark District or Historic District Overlay Zones, that serves to notice owners, planners and design review boards during the planning and design review process of the necessity to plan to mitigate any negative impacts a new project may have to the historic resource. The distance requirements of the buffer area are the following: 250 feet from the outline of the structure of an original adobe, El Presidio de Santa Barbara State Historic Park and areas inclusive of the original footprint of the Presidio, or a Landmark; 100 feet from the outline of the structure around a Structure of Merit; and at least a radius of one-half block from the boundary line surrounding El Pueblo Viejo Landmark District or a historic district and shall include properties on the opposite side of the street from the district.

5. Certificate of Appropriateness. The administrative approval document issued by the City's Architectural Historian to approve a minor alteration to a historic resource.

6. Character-Defining Feature or Element. A visible physical part or aspect of a structure or site that contributes to its identification, understanding or interpretation as an example of architecture or architectural style, as an artifact attributable to a particular period of historical significance, or as a unique entity.

7. Compatibility. Respect for distinctive character, identity and history of a streetscape and neighborhood through historic materials, features, size, scale and proportion, and massing to protect the integrity of the environment.

8. Contributing Resource. A structure, site, or feature within the boundaries of a Historic District, or El Pueblo Viejo Landmark District, which reflects the significance of the district as a whole, either because of historic associations, historic architectural qualities, archeological features, or historic integrity, and is considered a historic resource.
16 9. Cultural. The concepts, habits, skills, arts, instruments, institutions, etc. of a given people in a given period.

10. Cultural Landscape. A geographic area (including both cultural and natural resources and the wildlife or domestic animals therein), associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values. Refer to the Secretary of Interior's Standards for Treatment of Cultural Landscapes for further definition of this term.

11. Cultural Resource. Districts, streetscapes, neighborhoods, sites, buildings, structures, view corridors, vistas and objects that have acquired significant associations with human activities and human events.

12. Demolition. Removal or destruction. Whenever the term demolition is used in this title it shall also be considered a substantial redevelopment. See also, Section 30.140.200, Substantial Redevelopment. With regard to a historic resource, the term "demolition" shall also include the removal of a significant component or a character defining element.

13. Demolition by Neglect. A situation in which a property owner(s) through neglect and lack of maintenance allows a historic resource or character defining feature of a historic resource to suffer severe deterioration, potentially beyond the point of repair.

14. Elevation. The flat scale orthographically projected architectural drawing of all exterior vertical elements of a building facade.

15. Features. Natural or man-made elements on a site, examples of which include trees, fountains, walls, and designed landscapes.

16. Historic District. A geographically definable area in the City possessing a significant concentration, linkage, or continuity of structures, sites or features united by past events or aesthetically by plan or physical development. Historic Districts consist of contributing and non-contributing properties, thematically linked by architectural style or designer, date of development, distinctive urban plan, or historic associations and may include buffer zones as authorized by the Historic Landmarks Commission. A historic district derives its importance from being a unified entity conveying a visual sense of the overall historic environment.

17. Historic Fabric or Material. Original and later-added historically significant construction materials, architectural finishes or elements in a particular pattern or configuration which form a qualified historical property, as determined by the Historic Landmarks Commission.

18. Historic Resource. A structure, site, cultural landscape or feature designated or eligible to be designated historically significant based on the criteria in Section

30.157.025. Historic resources may also include, but are not limited to:
a. City-designated Landmark or Structure of Merit;
17 b. California Historical Landmark;
c. National Historic Landmark;
d. Listed on the State Register of Historical Resources; e. Listed on the National Register of Historic Places;
f. Contributing historic resources in a City-designated Historic District (HD) or Landmark District (LD) Overlay Zone;
g. State or National Register Historic District;
h. A resource listed in the City's Local Register of Historical Resources; or i. A Cultural Landscape as defined herein.

19. Historic Resource, Exception. A property where only a small feature such as a sandstone wall, hitching post or tree is significant, as long as the feature is protected in the project. The determination of what constitutes a small feature shall be made by the staff Architectural Historian.

20. Historical Integrity. Authenticity of a building or property's historical identity evidenced by the survival of physical characteristics that existed during the property's historical or pre-historical period of significance.

21. Historical Significance. The degree of importance for which a property has been evaluated and found to be historical as determined by the Historic Landmarks Commission, City Council, the California Office of Historic Preservation, or Keeper of the National Register of Historic Places based on meeting specified local, state and national criteria.

22. Landmark. A structure, site, cultural landscape or feature having historic, architectural, archeological, cultural, or aesthetic significance and designated by City Council as a Landmark under the provisions in this chapter.

23. Landmark Tree. See Historic Tree in Section 15.24.010.

24. Local Register of Historical Resources. A list of properties officially designated or recognized as historically significant by the City of Santa Barbara as per the procedures outlined in Chapter 30.157 (formerly referred to as “Historic Resources Inventory”).

25. Major Alteration. Any physical modification or change to the exterior of a building, structure, site, object or designated interior that may have a significant effect on character- defining features of a historic resource. A major alteration shall also include construction of additions.

26. Minor Alteration. Any physical modification or change to insignificant exterior features of a historic resource, including additions, windows, doors, and exterior siding material that is non-original or otherwise lacking in historic integrity. 18 27. Neighborhood. For purposes of this chapter, a neighborhood is defined as an area possessing a sense of cohesiveness due to of physical features suggesting boundaries or concentrations of shared architectural, historic, or cultural characteristics.

28. Nomination. The documentation by a qualified historian or architectural historian setting forth certain facts to support the designation of a historic resource as a Landmark, Structure of Merit, or HD Overlay Zone.

29. Non-Contributing Resource. A structure, site or feature within the boundaries of a HD Overlay Zone that does not qualify as a historic resource, but which has been included within the Historic District boundaries because of its geographic location with the HD Overlay Zone.

30. Ordinary Maintenance. The maintenance, painting, landscape or repair of any exterior feature in or upon any historic resource that does not involve a change in design, material, or the external appearance thereof, except that the removal of trees or the change of paint color shall not be considered ordinary maintenance.

31. Period of Significance. The period of time when a qualified historic structure, site or feature was associated with important events, activities or persons, or attained the characteristics for its listing or registration.

32. Preservation. The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a qualified historic resource. Preservation work, including preliminary measures to protect and stabilize the structure, site or feature, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

New exterior additions are specifically not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-related work to make properties functional is deemed to be appropriate preservation work.

33. Qualified Professional Staff in Historic Preservation. Staff meeting the Professional Standards in Historic Preservation outlined in the Secretary of the Interior's Guidelines and Qualifications in History, Architectural History, or Historic Architecture in education and experience required to perform the identification, evaluation, registration, and treatment of historic resources. Referred to in this chapter as Architectural Historian.

34. Reconstruction. The act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving site, landscape, building, property or object for the purpose of replicating its appearance from a specific period of time.

35. Rehabilitation. The act or process of making possible a compatible use for a qualified historic resource through repair, alterations and additions while preserving those portions or features which convey its qualified historical, cultural or architectural values.
19 36. Relocation. The act or process of moving any qualified historic resource or a portion of a qualified historic resource to a new site, or a different location on the same site.

37. Restoration. The act or process of accurately depicting the form, features and character of a qualified historic resource as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code required work to make properties functional is appropriate within a restoration project.

38. Sandstone Construction. A sedimentary rock (usually consisting of quartz sand particles united by some bonding agent such as silica or calcium carbonate) hewed into building materials by a skilled mason or carver and for purposes of this chapter, incorporating traditional, stone masonry, including, but not limited to, curbs, walls, railings, bridges, gardens, buildings, steps or hitching posts using local sandstone material quarried in the Santa Barbara area.

39. Secretary of the Interior's Standards. The current version of the "Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Restructuring Historic Buildings" published by the U.S. Department of the Interior.

40. Streetscape. The design quality of the street and its visual effect and pedestrian experience.

41. Structure of Merit. A historic resource designated by the Historic Landmarks Commission that deserves official recognition as having historic, architectural, archeological, cultural, or aesthetic value but does not rise to the level of Landmark status.

SECTION 8. Severability.

If any provision of this Ordinance or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable.

SECTION 9. California Environmental Quality Act.

This action is exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15305 [Minor Alterations in Land Use Limitations] of the California Environmental Quality Act Guidelines because the proposed changes do not result in any changes in land use or density.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: December 16, 2025
TO: Mayor and Councilmembers
FROM: Human Resources Department
SUBJECT: 2026-2027 Treatment and Patrol Bargaining Units Memorandum of Understanding [Resolution; Agreement]
RECOMMENDATION: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the 2026-2027 Memorandum of Understanding Between the City of Santa Barbara and the Patrol Officers’ and Treatment Plants’ Bargaining Units (TAP Units); and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-133, the Position and Salary Control Resolution for Fiscal Year 2026, Affecting the Salaries of Certain Classifications in the Treatment and Patrol Bargaining Units Effective January 10, 2026.

DISCUSSION:

The City has reached an agreement with TAP, whose current MOU expires on December 30, 2025. The proposed agreement is for a two-year term and includes salary adjustments and several classification and benefit updates designed to support recruitment, retention, and operational needs.

Under the agreement, employees will receive a 5% cost-of-living adjustment effective the first full pay period in 2026, followed by an additional 5% increase in the second year of the agreement. The parties also agreed to a limited market-equity reopener by July 1, 2026, contingent upon the results of the City’s classification and compensation study.

The agreement establishes an educational incentive for Airport Patrol, now a Peace Officer Standards and Training (POST) recognized agency, which provides monthly payments of $198 for Intermediate POST certification and $301.50 for Advanced POST certification, with the incentives not stackable. The City will also provide a $25 per-pay-period 457 Deferred Compensation contribution for PEPRA enrolled employees within the bargaining unit.

Agenda Item No. 5
File Code No. 440.02
Council Agenda Report
2026-2027 Treatment and Patrol Bargaining Units Memorandum of Understanding [Resolution; Agreement]
December 16, 2025

Page 2 ends

Additional provisions include 2.0% certification pay for Harbor Patrol Officers possessing United States Lifesaving Association (USLA) certification, and a reopener to address service credit for sick leave upon retirement and matters related to the Medical Health Care Trust for the entire bargaining unit. The agreement also incorporates the Airport Security Aide classification into the TAP bargaining unit, bringing the classification under all terms of the MOU.

BUDGET/FINANCIAL INFORMATION:

The TAP bargaining unit is primarily funded by Enterprise Funds. The Water Enterprise funds 38% of the unit, the Wastewater Enterprise funds 34% of the unit, the Airport Enterprise funds 18% of the unit, and the Waterfront Enterprise funds 8% of the unit. The General Fund is responsible for 2% of the unit, mainly for Park Rangers in the Parks and Recreation Department.

Compared to the City’s multi-year forecast, this MOU will have minor cost savings in FY2026, given the effective date of the MOU being in January and the multi-year forecast assuming an earlier effective date. However, starting in FY2027, the MOU will have a minimal cost increase of $37,186, increasing to $586,146 in FY2028 compared to the multi-year forecast. The ongoing costs will be incorporated into future operating budgets and financial plans.

PREPARED AND
SUBMITTED BY: Michael Arnoldus, Human Resources Director APPROVED BY: Kelly McAdoo, City Administrator
12200704.1 SA390-048
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA ADOPTING THE 2026-2027

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF SANTA BARBARA AND THE PATROL OFFICERS'

AND TREATMENT PLANTS' BARGAINING UNITS (TAP
UNITS).

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

1. The Memorandum of Understanding between the City of Santa Barbara and the Service Employees' International Union, Local 620, Airport and Harbor Patrol Officers' and Treatment Plants' Bargaining Units, entered into as December 16, 2025 and attached hereto and incorporated herein by reference as Exhibit "A" (hereinafter the “MOU”) is hereby adopted. The FY26 Salary Schedule, effective January 10, 2026 attached hereto and incorporated herein by reference as Exhibit “B” is hereby adopted.

2. During the term of the MOU, the City Administrator is hereby authorized to implement the terms of the MOU without further action by the City Council, unless such further Council action is required by state or federal law. 12200704.1 SA390-048
2026-2027 MEMORANDUM OF UNDERSTANDING

BETWEEN

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

AIRPORT AND HARBOR PATROL OFFICERS' AND

TREATMENT PLANTS' BARGAINING UNITS

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

FOR THE CITY: FOR THE UNION:

Michael Arnoldus
Human Resources Director
Laura Robinson,
SEIU Local 620
Keith DeMartini
Finance Director
Ryan Cullom,
Senior Airport Operations Specialist
Megan Wilson
Human Resources Analyst
John Doimas
Assistant City Attorney
Exhibit A
3 12200704.1 SA390-048

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

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

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

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

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

Any employee who is requested by the City and whose duty assignments require frequent and regular use of bilingual language skills in Spanish and in English with members of the public shall be designated by the Department Head in writing and said designation shall be approved by the Human Resources Manager, who shall test and certify the employees for language proficiency. 4 12200704.1 SA390-048
As used in this section, the phrase "regular and frequent" means at least several times in each working day.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18. HARBOR AND AIRPORT PATROL SPECIAL DUTY ASSIGNMENT/PROFESSIONAL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Probationary employees;

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

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

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

1. They meet the positions’ minimum qualifications

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

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

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

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

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

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

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

1. the employee's seniority in City service.

2. the employee's job performance record.

3. the employee's disciplinary record.

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

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

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

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

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

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

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

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

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

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

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

32. NO STRIKE OR LOCKOUT
The City and the Union agree that during the term of this Agreement the City will not lock-out employees; nor will the Union sanction, support, condone, approve, or engage in any strike, sick-in, slow-down, or work stoppage which is detrimental to providing services to the citizens of Santa Barbara.

33. OFFICER STATUS
City recognizes that Airport Patrol Officers are peace officers pursuant to Section 830.33(d) of the California Penal Code and that Harbor Patrol Officers are peace officers pursuant to Section 830.33(b) of the California Penal Code. Park Rangers are peace officers not authorized to carry firearms pursuant to Section 830.31.

City agrees that during the term of this contract departmental policies and procedures pertaining to the function, duties and responsibilities of said Airport Patrol Officers shall be made available to those officers.

34. OVERTIME
a. The City and the Union agree that overtime work will be assigned to the employees on a rotation basis whenever possible.
b. No employee shall be compelled or permitted to perform work for the City without logging the hours on his or her timecard. Overtime compensation shall accrue for work performed beyond a regularly scheduled workday of at least eight (8) hours at the rate of one and one-half hours of overtime, payable in increments of 15 minutes. This includes overtime work from home or on a mobile device. Work performed for the purpose of computing overtime shall include all paid leave time actually taken as time off. It will not include holiday or other paid leave time “cashed out” but not taken. c. If an employee is physically called back to the workplace on an overtime basis, such employee shall be compensated for no less than two (2) hours overtime. 16 12200704.1 SA390-048
d. When an employee is called out on an emergency 3 hours or more before the beginning of his/her regularly scheduled shift, he/she will be provided with paid leave time (without deductions from leave banks) to allow eight (8) hours off duty without loss of pay before reporting for the next regularly scheduled shift.

With the permission of the Supervisor, the employee may choose to work the beginning of his/her next regularly scheduled shift and take the equivalent paid rest period at the end of the regularly scheduled shift instead. The City agrees that such permission shall not be unreasonable withheld. At the supervisor’s discretion, the employee may be permitted to voluntarily begin his/or her regular shift immediately following the overtime period and take the equivalent paid rest period at the end of the revised regular shift instead.

Example: Employee’s regular shift is from 8:00 a.m. to 5:30 p.m., but employee is called in to work overtime at 4:30 a.m. (3 hours or more before scheduled shift) until 6:30 a.m. Employee may choose to:
i) Take 8 hours rest and come in at 2:30 p.m., with the period of 8:00 a.m. to 2:30 p.m. (6.5 hours) as a paid rest period; or
ii) With the supervisors’ permission, come in as regularly scheduled at 8:00 a.m. and go home at 11:00 a.m., with the period of 11:00 a.m. to 5:30 p.m. (6.5 hours) as the paid rest period instead; or iii) At the supervisor’s discretion, the employee may be permitted to revise his or her regular shift to 6:30 a.m. -2:00 p.m., with the period of 7:30 a.m. to 2:00 p.m. (6.5 hours) as the paid rest period instead.
e. If an employee is required to work beyond the regularly scheduled workday of at least 8 hours and if such time extends two (2) hours or more before or after the workday, the City shall provide the employee with a meal and a rest period. The City will provide one hour of pay for each rest period that is not provided and an additional hour of pay if an employee does not receive a meal. f. The parties agree that employees have the right to request cash payment or compensatory time off for overtime worked, but that approval of one or the other benefit remains the right of the City consistent with the needs of the City.
g. The following provisions apply to the accrual and use of compensatory time off (CTO):

1. Value of CTO: CTO will be accrued at the rate of time and one half for each hour of overtime worked.

2. Compensatory Time Bank: Overtime not cashed out shall be maintained in a CTO "Bank".

An employee may accrue up to a maximum of 100 CTO hours in his/her bank.

3. Minimum Allowed Accrual: An employee who requests CTO will not be denied the accrual of CTO in lieu of a cash overtime payment if his or her CTO balance will remain below 30 hours.

4. City Directed CTO Cash Out: The City retains the right to cash out CTO hours, other than the 30 hour bank described above.

5. City Directed Use of CTO as Time Off: The City has the right to require employees to take compensatory time off but shall provide a minimum of seven (7) calendar days advance notice in such cases. Management shall not compel an employee to take CTO hours as time off if the employee’s CTO bank is less than 30 hours.

6. Employee Requested Use of CTO as Time Off: Denial of an employee's request to take compensatory time off from his/her bank of CTO hours shall require a statement by the Department Head or his designee that approval of the request would unduly disrupt the operation of the department.

7. Employees have the right to receive either cash payment or CTO for any and all overtime worked at the employee’s discretion.
h. The City and the Union agree that overtime work accrued during a declared disaster, as determined by the President of the United States, the Governor of the State, the Mayor, City Council, or the City Administrator, shall be compensated at the rate of time and one-half. 17 12200704.1 SA390-048

35. PAYROLL
a. Employees who receive payroll overpayments shall reimburse City for such overpayments. City shall establish a reasonable schedule of payments based upon amount of such overpayment and date overpayment was made.
b. City agrees to explain all payroll stub information to employee upon request of said employee. c. City agrees to provide the Union with up to three (3) deduction codes. d. The parties agree that the City will continue deducting monies from payroll and remit same to Union as authorized by employee payroll deduction authorizations in accordance with present policy. However, when an employee switches from the Treatment and Patrol bargaining units to a unit not represented by S.E.I.U. Local 620, S.E.I.U. dues will no longer be deducted, unless and until the union submits another signed authorization form. Any changes in dues deductions shall be subject to indemnification of the City by the Union.
e. The City shall provide to the Union, on a bi-weekly basis, a new hire and termination list of bargaining unit employees with their name, job classification title and department. The cost of programming said report shall be paid for by the Union.
f. All employees shall participate in the City’s payroll direct deposit program.

1. Each employee shall execute a payroll authorization form and submit a voided check or savings deposit slip to the Payroll Office. It shall be the employee’s choice as to which bank he or she designates as the institution receiving payroll funds.

2. When the authorization form is properly executed and filed with the Payroll Office, the City will begin automatically depositing the net amount of pay on or before each designated biweekly payday in the employee's designated bank account.

3. Exceptions: An exception to this policy may be granted by the Finance Director to an employee upon a showing of good cause for such exception (e.g., that he/she is unable to establish and/or maintain a personal banking/financial account for direct deposit, or that other personal circumstances necessitate a temporary or permanent exception). The Finance Director may require the employee to renew this exception periodically.

Exceptions will not be unreasonably denied.

4. Employees participating in direct deposit will be provided with a payroll detail report each pay period. Alternatively, employees may voluntarily opt out of a paper detail and access this information electronically via the City’s computer system. The City may discontinue providing paper pay stubs for employees with direct deposit, effective July 1, 2014 or later, provided that:
 All employees are signed up for and provided pay stub information via City email on or before pay day; and
 Employees without regular access to computer or email may request to receive a print out of stub information to be provided on or before pay day.

36. PERSONAL LEAVE
a. Employees shall be entitled to 32 hours personal leave each fiscal year per the following schedule:

Employees on the payroll July 1: (32 hours)
Employees hired between July 2 and October 1 (inclusive): (24 hours) 18 12200704.1 SA390-048
Employees hired between October 2 and January 1 (inclusive): (16 hours) Employees hired between January 2 and April 1 (inclusive): (8 hours) b. Personal leave days must be taken by the end of each fiscal year or lost. Personal leave shall be scheduled on the same basis as vacation. In no case shall employees be entitled to cash payment for personal leave days not taken.
c. An employee may use personal leave as personal necessity when it is not possible to use on nonwork time subject to the following two conditions: 1) Reasonable advance notice which shall not be less than one (1) hour before the employee’s shift or when reasonable advance notice cannot be given, no later than 15 minutes after the scheduled shift has begun; 2) Subject to supervisory approval based on operational needs.
d. City shall maintain minimal staffing on workday afternoon prior to New Years and Christmas holidays so that as many employees as possible may enjoy personal leave, vacation, or C.T.O. at those times.

37. PERSONAL PROPERTY DAMAGE REIMBURSEMENT
Any employee entitled to a uniform allowance who experiences a loss or damage to personal property may submit a claim to his/her immediate supervisor for consideration of reimbursement. The claim shall be submitted within fifteen (15) days after the loss or damage is sustained. The claim shall contain the following information: type of item, date of purchase, replacement cost, condition, description of damage, circumstances, etc. If the personal property is stolen, a report shall be filed with the Police Department.

The following conditions must apply for the claim to be considered:
a. The loss must be in the line of duty.
b. There must not be contributory negligence or carelessness on the part of the employee. c. There must not be other means of recovery such as, but not limited to, court action or insurance.
d. The personal property for which the claim is made must be owned by the employee involved. Exceptions to the above may be referred to the Department Director for approval.
e. $200 limit per item claimed unless personal property item has written pre-approval by the Department Head.

The supervisor shall conduct an inquiry into the validity of the claim and forward it to the Division Manager with his/her recommendation. The Division Manager shall review the claim and forward his/her recommendation to the Department Director. The Department Director will approve or deny the claim.

Claims meeting the above criteria shall not be unreasonably denied.

Reimbursement will be calculated from the following schedule:

Age of Item % Reimbursed
0 to 6 months 100%
6 to 12 months 80%
12 to 18 months 50%
18 to 24 months 25%
24 months and over 0%
If the claim is approved, payment will be forwarded to the initiating employee. 19 12200704.1 SA390-048

38. PROBATIONARY PERIOD
The probationary period required by Charter Section 1004 may be extended beyond one (1) year by signed mutual agreement of City and employee. If the employee's supervisor intends to request an extension of the probationary period, notification of that intent shall be given to the employee at least two (2) weeks prior to the expiration of the probationary period if feasible.

39. PURPOSE
It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation, and understanding between management and the employees covered by this memorandum; to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise under this Memorandum of Understanding; and to set forth the full and entire understanding of the parties reached as a result of good faith meeting and conferring regarding the wages, hours, and other terms and conditions of employment covered by the memorandum.

40. RECOGNITION
a. Pursuant to the provisions of Section 3.12 of the Municipal Code of the City and applicable State law, the Union is recognized as the majority representative of the City employees in the Airport and Harbor Patrol Officers' Bargaining Unit and the Treatment Plants' Bargaining Unit and as the exclusive bargaining agent for the employees in said Unit.
b. The term "employee(s)" as used herein shall refer only to regular full-time or part-time employees serving in classifications who occupy positions authorized and designated as in the Airport and Harbor Patrol Officers' Unit and the Treatment Plants' Unit by the City Council on the official City "Position and Salary Control Resolution."
Classifications may be added to or deleted from the bargaining unit in accordance with the provisions of this Agreement and the City's Employer/Employee Relations Ordinance.

41. RECRUITMENT
a. The City agrees to post information about how to access job recruitment information on employee bulletin boards in all departments. The City will continue to post job fliers on the bulletin board outside the Human Resources Office, with paper copies of the fliers available upon request. The City will post available positions on a website accessible to the public and maintain a system for employees, by mail, email or other messaging system, to receive notification of current job announcements at the employee’s request. In addition to posting available positions on the website, the City will send a weekly email to all employees of current recruitments and their closing dates.
b. Employees may contact the Human Resources Office to request inter-departmental or interdivisional transfers and are to contact Department or Division Heads for intra-departmental or intradivisional transfers. c. The City shall provide a minimum application filing period of five (5) days for all open vacant positions and ten (10) days for all vacant promotional positions in the classified service within the bargaining unit for which an eligibility list must be established. d. The names of nine (9) more eligible candidates (including tie scores) than the number of vacancies shall be certified to the appointing authority in alphabetical order. e. Positions in the bargaining unit shall not be filled from eligibles placed on the certification list by 20 12200704.1 SA390-048
virtue of being on another eligible list which is at a higher salary range and for which the qualifications are substantially similar.

42. RENEWAL AND WAIVER
The City and the Union agree that meeting and conferring over the renewal or continuation of this Agreement shall be initiated at the request of either party after May 1, 2027. Every effort will be made to reach an agreement prior to the expiration of this Agreement. A request to meet and confer shall be filed in writing and meeting and conferring shall commence within ten (10) days of receipt of said request.

Except as otherwise expressly provided in this Agreement or when the parties mutually agree to meet and confer on a matter, the City and the Union agree that, for the term of this Agreement, each party waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement, except as to meeting and conferring over the renewal, or continuation of this Agreement.

43. REOPENER ON AIRPORT LAW ENFORCEMENT
Union reserves its right to demand that the City meet and confer over the impacts/effects on the wages, hours and other negotiable terms and conditions of employment of Airport Patrol staff related to a management decision to transfer all or some law enforcement functions at the Airport to Police Department staff in the Police Officers Association.

44. REPRESENTATION - UNION OFFICERS AND STEWARDS
a. The City and the Union agree that Union officers and stewards will be allowed to meet with City management on City time for the purpose of meeting and conferring in good faith and without loss of pay or any benefits.
b. The Union agrees to provide the City with a list of Union officers and stewards, with their job classifications, who are authorized to meet and confer in good faith. The Union shall keep the list up to date. c. The City agrees that authorized Union staff representatives shall be given access to work locations during working hours to conduct Union grievance investigations and/or observe working conditions. Such visits are to be made with the prior knowledge and approval of the Department Head and a management representative may accompany the Union staff member on the visit. A staff representative is defined as a paid full-time or part-time employee of the Union.
d. The Union shall provide the City with a list of staff representatives and shall update said list as appropriate.

45. RETIREE MEDICAL INSURANCE CONTRIBUTION
a. This provision is applicable to employees who retire from City service on or after October 1, 1994, and

1. Have 15 or more years of classified or unclassified service; or

2. Retire from City with an industrial disability.
21 12200704.1 SA390-048
For employees who retire on or after January 1, 2011, the City shall contribute $12.00 per month, per year of service up to a maximum of 35 years (i.e., $420/month) towards the purchase of medical insurance for the retiree and his/her spouse or domestic partner registered with the City Clerk’s Office or the Secretary of State, if applicable.
b. The retiree is not limited to purchase of a City sponsored plan, provided however, that if the retiree purchases another insurance plan, the retiree must supply the City with adequate proof of insurance coverage prior to any contribution from the City. Proof of such coverage shall be provided to the City on a periodic basis, as reasonably determined by the City.
c. The City shall continue to make its contribution until the retiree reaches age 65 or dies, whichever occurs first, provided however, that if the retiree dies before reaching the age of 65 and there is a surviving spouse or registered domestic partner, the City's contribution shall cease when the retiree would have reached age 65. Thereafter, the spouse may remain on the insurance plan, at his/her own cost, subject to the conditions set forth by the insurance company.
d. In the event Health Care legislation is passed which affects the nature of the benefit described above, the parties will reopen negotiations and modify this benefit, if necessary, so as to maintain their original intent (e.g., eligibility, scope, cost).
e. If any Court decision with binding effect on the City of Santa Barbara rules that a retiree medical provision like the provision contained herein violates the State or Federal law against age discrimination, the parties agree that within 30 days they will reopen negotiations on said provision to convert to a retiree medical policy with equivalent cost that does not violate age discrimination law. The parties agree that whatever policy is agreed upon will not reduce or increase the City's contribution toward retiree medical insurance.

46. RETIREMENT
a. Classic Miscellaneous Employees:

1. The City will provide miscellaneous employees the two point seven percent (2.7%) at age fifty-five (55) benefit formula under the Public Employees' Retirement System (PERS), pursuant to Government Code Section 21354.5.

2. The City will contribute toward the PERS normal employee's contribution as detailed in section “3”, below, and these contributions, if any, shall be credited to the member's account. The City shall report the value of any Employer Paid Member Contributions (EPMC) to PERS as compensation earnable through enabling City resolution, pursuant to Government Code Section 20636(c)(4).

Effective June 19, 2021, Classic Employees will pay the 8% required contribution for the 2.7% at 55 benefit.

3. The following contract provisions shall apply to the PERS miscellaneous plan i. The City will provide One-Year Final Compensation for Classic Miscellaneous employees under PERS, pursuant to Government Code section 20042.
ii. The PERS Miscellaneous contract shall provide for Military Service Credit as Public Service under Government Code Section 21024 and for Public Service Credit for Excluded or Limited Prior Service under Government Code Section 21031. iii. The PERS Miscellaneous contract shall provide for Public Service Credit for Peace Corps or Americorps: Volunteers in Service to America (VISTA) pursuant to Government Code Section 21023.5,
iv. The City will provide the Fourth (4th) Level of 1959 Survivor Benefits for Miscellaneous employees, pursuant to Government Code Section 21574.
22 12200704.1 SA390-048
b. Classic Harbor Patrol Safety Employees:

1. The PERS contract shall provide local safety member status under the 3% at 50 benefit formula to employees regularly assigned as Harbor Patrol Officers pursuant to Government Code section 20423.

2. The City will provide Harbor Patrol Officers the additional PERS benefits of One-Year Highest Compensation, Increased Level of 1959 Survivor Benefits (Level Two), Post Retirement Survivor Benefits and Post Retirement Survivor Allowance to Continue After Remarriage, Military Service Credit as Public Service under Government Code Section 21024 and Public Service Credit for Excluded or Limited Prior Service under Government Code Section 21031.

3. Employees will pay the full required 9% member contribution toward pension benefits. c. Airport Patrol Officers
The parties agree that the City will amend the CalPERS contract to provide safety retirement for Airport Patrol Officers as soon as practicable. Safety formula for Classic Employees is 3% at 50 and 2.7% at 57 for those classified as “PEPRA.” The City will provide to Airport Patrol Officers the additional PERS benefits allowable by law.

1. Classic Employees will pay the full required 9% member contribution toward pension benefits.

2. “PEPRA” Employees will pay the required contribution as required by law. d. Contract Changes: The City is authorized to amend its contract with PERS immediately, in order to be able to implement the incentives listed below:

Upon declaration of the Council of the City of Santa Barbara that the State of California's budgetary or fiscal impacts on the City's budget have caused grave fiscal conditions to exist that require prompt and immediate attention, the City may offer the following early retirement incentives to applicable employees:

1. Two years of additional service credit in accordance with Government Code Section 20903; and/or

2. City payment of Military Service Credit as Public Service in accordance with Government Code Section 21024.
e. Pension Reform: Notwithstanding the provisions above, effective January 1, 2013, new members as defined by California Public Employees’ Pension Reform Act of 2013 (hereinafter “AB 340”) will be covered under the 2% at 62 Miscellaneous retirement formula or the 2.7% at 57 Safety retirement formula, with a final compensation measurement period of the average of the highest three (3) consecutive years, as well as all other statutory requirements of AB 340. Effective January 1, 2014, new employees and/or members as defined by AB 340 shall contribute half the normal cost for benefits, as defined by AB 340; the City will not pay any portion of these employees’ required contributions. As provided under the law, some new City employees may qualify as “classic” employees by virtue of their prior government service.

47. RETIREMENT-- DEFERRED COMPENSATION
The City agrees to meet at least two times each fiscal year with up to two Union representatives to discuss the deferred compensation plan investment options, fees, and performance. Where appropriate, at the discretion of the Human Resources Manager, the City’s 457 Plan Administrator(s) will be invited to such meetings.
23 12200704.1 SA390-048

48. RETROACTIVITY
An employee will be eligible for the increases to salaries and benefits provided under the Agreement on the dates specified for each increase if the employee is an active City employee and bargaining unit member on the date that the City Council ratifies this Agreement.

49. SAFETY EQUIPMENT
a. The City and the Union agree that the City will either provide all safety equipment required by the City or will reimburse the employee for purchasing the equipment whenever such equipment has been required by the City as necessary for the job. Such equipment shall include, but not be limited to, safety shoes, safety glasses, helmets, gloves, boots, life jackets, and all related safety items. Both parties agree that the City shall retain the right to determine the minimum specifications of the safety equipment, procurement procedures, and limitations and exclusions. b. Notwithstanding the above, the parties agree that employees designated by the City as required to wear steel-toed safety shoes with the exception of Harbor Patrol Officers, Airport Patrol Officers and Park Rangers, in the performance of their duties, shall be eligible to receive an annual allowance for the provision of said shoes upon the presentation of valid claims in keeping with City established procedures in amounts not to exceed $230.

If the employee desires, he/she may combine two years’ allowance for the purchase of shoes. The allowance is for the purchase of shoes only.
c. City shall provide prescription safety glasses to those employees who wear prescription glasses and perform duties that require the use of safety glasses. Such employees shall provide the City with the lens specifications prescribed by the employee's doctor. The City will provide the initial pair of safety glasses based upon this prescription and shall replace same only upon a subsequent substantial change of prescription or evidence acceptable to the City that said prescription safety glasses are rendered unusable by accidental damage suffered while performing assigned duties.

50. SALARIES
a. Effective the first full pay period in 2026, current employees as of the date of such ratification shall receive an across the board salary increase of 5.0% as a cost-of-living adjustment.

Effective the first full pay period in 2027, , current employees as of such date shall receive an across the board salary increase of 5.0% as a cost-of-living adjustment. b. Achieving the second salary step, or "B" step, and subsequent steps shall require, in addition to satisfactory performance, a period of one year of actual service. c. Employees shall receive at least a five percent (5%) salary increase upon promotion provided however, that the City shall not be required to pay a salary in excess of the salary range authorized for the appropriate classification by the City Council in the official Position and Salary Control Resolution. The City shall make every effort to provide a minimum five percent (5%) separation in salary between classifications within a series and classifications within recognized career ladders as determined by the City. The City shall provide the Union with a chart of career ladders, and the City shall update said list. 24 12200704.1 SA390-048
d. Anniversary dates for newly hired employees shall be the first of the month if the employee was hired on or before the fifteenth of that month and the first day of the following month for those hired after the fifteenth. The end of the probationary period shall coincide with the anniversary date. e. Survey Agencies to be used for future salary/compensation surveys:

Airport Patrol Officer/Operations
Fresno/Yosemite International Airport (FAT)
Palm Springs International Airport (PSP)
Bob Hope Burbank (BUR)
San Jose International Airport (SJC)
John Wayne Santa Ana Airport (SNA)
Water/Wastewater Systems
Santa Cruz
Santa Monica
Goleta Sanitary District
Goleta Water District
City of Los Angeles (LADWP)
Irvine Ranch Water District
Harbor Patrol
Redondo Beach
City of Los Angeles
Santa Monica
Huntington Beach
County of Orange
Water/Wastewater Systems
Santa Cruz
Santa Monica
Goleta Sanitary District
Goleta Water District
City of Los Angeles (LADWP)
Irvine Ranch Water District
Airport Patrol/Operations
Fresno/Yosemite International Airport (FAT)
Palm Springs International Airport (PSP)
Bob Hope Burbank (BUR)
San Jose International Airport (SJC)
John Wayne Santa Ana Airport (SNA)
Harbor Patrol
Redondo Beach
City of Los Angeles
Santa Monica
Huntington Beach
County of Orange
12200704.1 SA390-048

51. SERVICE CREDIT FOR SICK LEAVE UPON RETIREMENT
At the time of retirement, the City shall purchase an annuity for the retiring employee that pays a monthly benefit similar to the PERS amendment that provides service credit for sick leave under Government Code section 20862.8.

The following conditions apply to this benefit:

1. In order to qualify for service credit for sick leave upon retirement, the retiring employee must have at least 500 sick leave hours;

2. The conversion rate of 0.004 years of service credit for each 8-hour day of sick leave is utilized;

3. The retiring employee may take the cash purchase value of the annuity in lieu of the monthly annuity;

4. Safety group members who obtain 90% of final compensation upon retirement are not eligible for this benefit. (Effective October 28, 2017, the 90% limit to receive this benefit will be eliminated. However, no employee whose annuity eligibility would already have been reduced or eliminated under the 90% cap as of the date of ratification of this Agreement will have such benefit restored); and

5. If the City amends its PERS Miscellaneous or Police contract to include service credit for sick leave upon retirement, non-safety or Police employees, respectively, will be included in that PERS contract amendment and the annuity program will be discontinued for that group.

52. SEVERABILITY
Should any provision in this Agreement be held inoperative, void or invalid by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby, and the parties agree to meet and consult over the invalidated provision.

53. SHIFT DIFFERENTIAL
a. The City and the Union agree that regular, full-time employees on a shift of eight (8) or more hours shall receive:

1. Swing shift differential pay when 50% or more of the hours of the assigned shift hours, excluding overtime, fall between 5:00 p.m. and midnight; or

2. Graveyard shift differential pay when 50% or more of the hours of the assigned shift hours, excluding overtime, fall between midnight and 7:00 a.m. b. Overtime as Continuation of Assigned Shift. Shift differential for overtime which is a continuation (without break) of the assigned shift is paid based upon the eligibility of the assigned shift. See Examples 1, 2, 3 and 4 in Appendix A entitled Shift Differential Examples.

Back-to-Back Shifts. Shift differential for overtime which are two (2) entirely distinct assigned shifts are paid based upon the separate eligibility of each shift. See Examples 5 and 6 in Appendix A entitled Shift Differential Examples.
c. Call Backs.

1. Shift differential is not paid for call back overtime of less than eight (8) hours. See Example 7 in Appendix A entitled Shift Differential Examples.
12200704.1 SA390-048

2. Shift differential is paid for callback overtime of eight (8) hours or more when 50% or more of the hours fall between 5:00 p.m. and midnight or midnight and 7:00 a.m. See Example 8 in Appendix A entitled Shift Differential Examples.
d. Shift differential amounts shall be as follows:

Swing Shift Graveyard Shift
$2.00 /hour $3.50 /hour

54. SICK LEAVE
a. The City and the Union agree that the City's sick leave policy shall be that employees shall accrue sick leave at the rate of 3.7 hours for each full pay period of service with a maximum accumulation of two thousand and eighty (2,080) hours. Said sick leave accrual shall begin effective the first day of employment. b. The programs referred to as "Non-Replenishable" and "City Administrators" sick leave authorized by Municipal Code Sections 3.08.150 (b) and 3.08.210 are eliminated. c. An employee may use sick leave for a medical appointment when it is not possible to arrange such appointment on non-worktime subject to the following two conditions: 1) Reasonable advance notice which in no event shall be less than 24 hours; 2) Subject to supervisory approval based on operational needs. d. A full-time employee may use up to 48 hours of available accrued sick leave (the equivalent of 6 months of accrual) per calendar year for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, a family member of the employee. “Family member” means any of the following: a spouse or registered domestic partner; a child (biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status); a parent (biological, adoptive, or foster parent, stepparent, or legal guardian) of an employee or the employee’s spouse or registered domestic partner; a person who stood in loco parentis when the employee was a minor child; a grandparent; a grandchild; or a sibling. Part-time employees may use the equivalent of six (6) months of sick leave accrual at their prorated accrual rate for such purposes. All rules for use of sick leave will apply, including those regarding physician statement requirements and use of sick leave for medical appointments.

55. STANDBY PAY
The City and the Union agree that effective during this Agreement, when an employee is officially designated by management to remain available to physically return to the workplace, at any time during specific hours outside of normal working hours, the employee shall receive two hours of straight-time pay or compensatory time off for each eight hours on standby or fraction thereof. To the extent feasible, the parties agree that standby, including standby during holidays, shall be assigned on an equitable basis to all eligible employees.

The City and the Union agree that all employees will be on automatic standby duty during a state of emergency or civil defense disaster as declared by the President of the United States, the Governor of the State, the Mayor of the City, the City Council, or the City Administrator. Such automatic emergency standby shall be without compensation unless the City is reimbursed by the State or federal government for such an expenditure. The City will make a reasonable effort to obtain such reimbursement.

56. STATE DISABILITY INSURANCE (SDI) AND STATE PAID FAMILY LEAVE INSURANCE (PFL) a. All employees must participate in the State Disability Insurance (SDI) and State Paid Family Leave (PFL) programs. The employee shall pay all costs associated with these programs. b. Employees may apply for SDI or PFL benefits with the State of California Economic Development Department (EDD). To be eligible for benefits, the employee must meet all applicable State requirements.

Depending on eligibility, an employee may receive:
12200704.1 SA390-048

1. Up to 52 weeks of wage replacement benefits for the employee’s own disability, and/or

2. Up to 6 weeks of wage replacement benefits for providing required care for the serious health condition of a child, parent, spouse or domestic partner or for bonding with a new child. Effective July 1, 2014, employees may also qualify for benefits to care for a seriously ill grandparent, grandchild, sibling, or parent-in-law, as defined; however, eligibility for this benefit does not necessarily create a right to protected leave. c. Employees who receive SDI or PFL benefits must integrate available SDI and PFL benefits with available paid sick leave, personal leave and compensatory time. Documentation of the SDI/PFL benefits received must be provided to the Payroll Office for this purpose. d. Employees on a medical or family medical leave of absence who are eligible to use their leave accruals during the leave of absence must exhaust available leave balances before using unpaid leave.

Employees must use available sick/family sick leave balances, and then compensatory time off and personal leave balances, before using vacation balances. e. Employees who coordinate SDI/PFL paid leave benefits with City payroll benefits will receive City retirement contributions, time off accruals, and other non-insurance benefits based on the City-paid portion of wage replacement only. For non-insurance benefits purposes, the SDI/PFL portion of wage replacement will be treated as unpaid leave.
f. Employees coordinating SDI/PFL benefits with City payroll benefits shall be eligible for continuation of City-paid insurance contributions under Article 25 (c) (Leave of Absence) of this Agreement only up to the date they would have received such benefits had they not coordinated SDI/PFL benefits.

57. TERM OF AGREEMENT
The City and the Union agree that the term of this Agreement shall be twenty-four (24) months commencing January 1, 2026 and ending at midnight on December 31, 2027. It is further agreed that the term of this Agreement may be extended by mutual agreement.

58. TRAINING
a. The parties recognize that training programs and the advancement of employees to positions of higher skill are matters of great importance and interest to the City, the Union, and the employees covered by this Agreement. However, the City shall retain the right to determine what training is required for the employee to improve his/her performance on the job and to make such training a condition of employment.

Such training may include requests by Department Heads for additional training of current employees, subject to the approval of the City Administrator. The parties agree that employees will be trained in the use of fire prevention equipment under the supervision of the City's Fire Department and that a fire evacuation plan will be developed by each department for each major City facility and posted. b. Direct costs for all training or instruction required by the City shall be paid for by the City.

Determination of eligible employees will be based upon the needs of the City with seniority being a factor considered. Wage compensation for employees shall be determined as follows:

Non-Exempt Employees
The Fair Labor Standards Act (FLSA) provides that time spent by non-exempt employees in training is compensable unless all of the following conditions are met:

1. Attendance is outside of the employee's regular working hours;

2. Attendance is in fact voluntary;

3. The course, lecture, or meeting is not directly related to the employee's job; and 12200704.1 SA390-048

4. The employee does not perform any productive work during such attendance.

Attendance is not voluntary if it is required by the City. It is not voluntary in fact if the employee is given to understand or led to believe that his/her present working conditions or the continuance of his/her employment would be adversely affected by non-attendance.

The training is directly related to the employee's job if it is designed to make the employee handle his/her job more effectively as distinguished from training him/her for another job, or to a new or additional skill.

If the training is considered compensable and travel time is associated with the employee's attendance, the following must be considered:
➢ Travel During Regular Working Hours. If the travel time related to attending required training occurs during normal working hours, then the time is considered to be compensable. ➢ Special One-Day, Out-of-Town Travel. Travel time associated with special one-day, out-of-town training is required to be paid for irrespective of the mode of transportation utilized or whether the employee drives or is a passenger. Time that can be excluded from payment is normal home-to-work travel time and time spent eating while traveling.
➢ Overnight Travel. If an employee travels overnight on business (for more than one day), the employee must be paid for time spent travelling (except for meal periods) during his/her normal working hours on non-working days, such as Saturday, as well as on his/her regular working days. Travel time as a passenger on an airplane, train, boat, bus, or automobile outside of regular working hours is not considered worktime, provided however, that any work which an employee is required to perform while traveling shall be considered as hours worked.

If an employee is offered public transportation but requests permission to drive his/her car instead, the City shall count as hours worked, the time spent driving the car or the time the employee would have had to count as hours worked during working hours if the employee had used the public transportation, whichever is less.

Exempt Employees
In the case of an exempt employee, the MOU language (other than the FLSA requirements applicable to non-exempt employees) determines whether training or related travel time is compensable. Exempt employees will only be paid for time spent in required training and travel during normal work hours.

Travel outside of regular work hours is excluded.
c. For Harbor and Airport Patrol Officers, the City agrees to encourage employees to voluntarily develop their job skills through the coordinated use of City Police Department audio visual training materials in instances where the nature of their jobs would make such training valuable to employee job performance.

The City agrees that Peace Officers Standard Training (P.O.S.T.) is desirable for Airport and Harbor patrol officers. The City may provide such training to patrol officers through and including P.O.S.T. Level I. d. Employees will be eligible to participate in the Citywide Educational Reimbursement Program.

The union waives any requirement for the City to meet and confer on enhancements to this policy to increase the maximum reimbursement (currently $1000) or expand reimbursement eligibility. However, the City will notify the union of any such change.
e. In the event an Airport Patrol Officer chooses to take the FAA Ground School on his or her own time and successfully completes the school and passes the written examination, then, upon verification thereof, the City shall reimburse such employee for his or her expenses for required books and the course fee up to $200.

59. UNAUTHORIZED LEAVE/SUSPENSION
No sick leave, vacation, or holiday shall be paid to an employee during any period of unauthorized leave or suspension. An employee's absence shall be unauthorized if such employee does not report absence to supervisor designated by Department Head within one-half (1/2) hour before or after his/her regular 12200704.1 SA390-048
starting time, except in cases of emergency in which case the employee shall provide notification as soon as possible.

60. UNIFORM MAINTENANCE ALLOWANCE
a. The parties agree that the following classifications shall receive an annual cash uniform purchase and replacement allowance as follows:

Time Period Airport Patrol Harbor Patrol Park Ranger
January 1, 2026-December 31, 2027
31,
$1064 $1064 $1064
Payment of the Uniform Maintenance Allowance will be paid to employees per pay period.

It is agreed that the above uniform allowance shall be applied towards the purchase of appropriate shoes. b. The City and the Union agree that employees required by the City to wear uniforms and not receiving a Uniform Maintenance Allowance from the City for participation in a uniform laundry service shall have the full cost of the uniform maintenance paid for by the City. The City retains full and complete control over the administration of the uniform maintenance program. City shall provide all personnel at all treatment plants and in distribution and collection, except Laboratory Technicians, with a minimum of ten (10) uniform changes and a maximum of twelve (12) uniform changes based on the employee's request.

The City shall provide five (5) coverall changes for all Treatment Plant Mechanics and for Operators at El Estero Wastewater Treatment Plant. Operators at the Water Treatment Plant(s) shall receive three (3) coverall changes. The City shall provide Laboratory Technicians with two (2) coverall changes and three (3) laboratory coat changes.

On an annual basis, Airport Operations staff will be provided, five (5) SBA branded polo shirts or button up shirts (long sleeve or short sleeve), one (1) SBA branded jacket as needed, one (1) SBA branded hat.

Employees may request additional clothing at their own expense. On a case-by-case basis, employee clothing that is damaged or destroyed while performing job duties will be considered for replacement by Santa Barbara Airport.

Airport Patrol Officers will be provided with a full set of new hire uniforms (2 class A, 2 class B, and 3 departmental polo shirts) prior to POST Academy.

61. UNION BUSINESS ATTENDANCE
Up to 120 paid leave hours will be available each year for union activities including training, conference attendance and other off-site union related business. Not more than five (5) Union officers or chief stewards will be permitted to access such hours in any one year, with no more than 40 hours used for any one employee. Release time will be subject to approval of scheduling with department management and prior notification to the Human Resources Manager. The employee will use the designated code to identify the use of Union Business Attendance time on the employee’s time sheet.

62. UNION NOTICE- EMPLOYEE ORIENTATION & INTERDEPARTMENTAL TEAMS a. The City will provide the union a list of attendees in the bargaining unit at a group New Employee Orientation meeting not less than two weeks prior to the orientation along with the date, location, and time for the Union’s presentation. The City will provide a Union representative with an opportunity during the orientation to provide information to bargaining unit members regarding the benefits and obligations of union membership. Such presentation shall not exceed 15 minutes in duration. Management may witness the Union’s presentation.
12200704.1 SA390-048
b. The City will provide the Union with advanced written notice of Interdepartmental Team Opportunities offered through its Succession Program that are offered to bargaining unit members, along with the anticipated scope of work. The Union will notify the City if the Union believes that the anticipated scope of work may involve issues within the scope of collective bargaining and lodge a written demand to bargain on such issues. Bargaining unit member participation on an Interdepartmental Team will not constitute collective bargaining nor satisfy any duty for the City to collectively bargain with the Union.

63. UNION STEWARDS
a. The City agrees that the Union may designate Union stewards to represent employees in the processing of grievances. The Union shall furnish the City with a list identifying by name and work location all Union stewards. Said list shall be kept current by the Union at all times. Union stewards may begin representing a grievant only after the employee has tried to resolve the problem with his/her immediate supervisor and the two parties failed to reach a resolution to the problem. b. City will remind supervisors annually of employee “Weingarten” rights to union representation. Upon the Union’s request, City will review and comment on proposed Union communication to its members about such rights.

64. UNION SECURITY & MAINTENANCE OF MEMBERSHIP
a. Dues Deductions - Any of the union dues related payment obligations shall be processed by the City in the usual and customary manner and time frames. b. Leave Without Pay - Employees on an unpaid leave of absence for an entire pay period or more shall have their dues deductions suspended.
c. Indemnification/Hold Harmless Clause - The Union agrees to fully indemnify, defend and hold harmless the City and its officers, employees and agents against any and all claims, proceedings, settlements and/or liability regarding the legality of this Article or any action taken or not taken by or on behalf of the City under this Section.
d. Maintenance of Membership – All regular unit employees who are members of the Union in good standing shall maintain their membership in the Union in good standing, subject however, to the right to resign from membership by submitting a written request to the Union during the month of August annually.

Resignation requests submitted to the City shall be referred to the Union. When resignation requests are received outside the window period the Union will promptly provide such members a letter explaining the maintenance of membership provision, along with a copy of this section of the MOU.

65. USE OF COMPUTER RESOURCES
Employees’ rights and obligations regarding use of the City’s computers and computing resources are governed generally by the City’s computer use policies. The Union and the City agree that occasional and incidental employee use of City computing resources for union business is allowable within the same parameters applied to other acceptable non-commercial personal use under those policies.

The parties agree that such use shall not interfere with the performance of work duties or the effective delivery of services, and shall not result in any significant cost to the City or compromise the security of City systems. The parties further agree that City computer resources, including the e-mail system, will not be used by the Union or City employees to support or oppose a political campaign or ballot measure.

The Union acknowledges that employees have no expectation of privacy in the use of City computer 12200704.1 SA390-048
resources, including but not limited to e-mail and text messaging, even if they are locked or passwordprotected.

66. VACATION POLICY
a. All employees shall begin accruing vacation effective the first day of employment. It is agreed that vacation time earned may be taken as accrued subject to approval by the City and in accordance with the following schedule:

Length of Continuous Service Vacation Entitlement
0 - 2 years (96 hours) per year
3 - 5 years (120 hours) per year
6 - 10 years (176 hours) per year
11 - 15 years (200 hours) per year
16 & Over Years (224 hours) per year
Vacation periods shall be scheduled by management to provide adequate staffing. Such scheduling shall be subject to the needs of the City but shall take into account employee seniority and choice. b. The maximum vacation accrual balance that an employee may maintain is 500 hours. Those employees with more than 500 hours of vacation balance as of the date of ratification of this agreement shall be cashed out on a date to be determined.
c. Annual Cash Out of Vacation – Employees may cash out up to 100 hours of vacation each calendar year. Cash out shall be made pursuant to City policy on vacation cash out. Upon change of City policy on cash out process, cash out would involve an irrevocable election process whereby the employee would make an irrevocable election to cash out leave in the year prior to the year of cash out. The leave to be cashed out would need to be accrued in the same year of cash out.

67. VACATION & SICK LEAVE ADVANCED CREDIT UPON HIRE
a. An employee who is appointed from outside City of Santa Barbara government service within one (1) year of leaving employment with either the City of Santa Barbara or another city, county, state agency, federal agency or special district and who, in the opinion of the Human Resources Manager, possesses government experience directly related to the position to which he or she has been appointed, may be offered credit for years of prior service with the City of Santa Barbara and/or his or her immediate previous government employer in the following ways:
i. Vacation Accrual: At the discretion of the Human Resources Manager, the employee may be offered credit for up to the total number of prior full years of service at the City of Santa Barbara and/or his or her immediate previous government employer toward the initial vacation accrual rate.

The employee will not be eligible to progress to a higher accrual rate until employee has the normal required minimum amount of City of Santa Barbara service for that accrual rate. ii. Sick bank: At the discretion of the Human Resources Manager, the employee may be credited with up to 96 hours of sick leave. Thereafter, employee will accrue sick leave at the normal rate.
b. A former City of Santa Barbara employee reemployed within one year under Santa Barbara Municipal Code Section 3.16.320 will automatically qualify for the full vacation accrual credit under (i), above, for his or her prior City of Santa Barbara service. However, under no circumstance will prior accrued vacation balances cashed out to the employee upon termination be reinstated.

68. WORK SCHEDULE
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a. The normal work week shall average forty (40) hours. There shall be at least two consecutive days of rest observed after each work week subject to City needs for standby, callback, overtime and regularly scheduled shift changes. The Department Head shall establish a "regular" schedule for each employee with a start and quit time. Such schedule shall not be changed without forty-eight hours (two days) advance notice except in emergencies. City shall provide employees with reasonable "clean-up" time and employees shall be ready to begin work at start time. City agrees that work outside the regularly scheduled workday shall be compensated in accordance with the overtime policy contained herein. b. In no case shall an employee's work schedule be altered to avoid the payment of overtime earned as a result of call back after the employee's regular shift, workday, or work weekends. c. It is the intent of the City, when staffing permits, to assign a minimum of two (2) Harbor Patrol Officers to each shift at the Harbor and a minimum of two operators to the El Estero Treatment Plant. d. Airport Patrol Officers shall be scheduled on either a four-ten work week (4/10), a three-twelve (3/12) work week, or a three-twelve-and-a-half (3/12.5) work week schedule. Assignment to one of these work schedules shall have no effect on accrual rates or employment terms. e. The City may require Harbor Patrol Officers to work a four-ten work schedule. The continuation of this schedule shall be subject to Department Head approval with input from affected employees and based on the following criteria: costs, staffing, overlap and mission.

This change to a four-ten work schedule shall have no effect on accrual rates or employment terms. f. Employees on a 9/80 Work Schedule will be covered under the “9/80 WORK SCHEDULE POLICY” contained in Appendix D.

69. WORKERS' COMPENSATION
a. The parties agree that Municipal Code Section 3.08.220 shall be amended to provide that employees who sustain illness or injury arising out of and in the course of their City employment shall receive benefits equal to those mandated by the State of California plus the difference between State mandated benefits and the equivalent of eighty-five percent (85%) of the individual's gross (excluding O.T.) salary, if any, paid by the City for a maximum of ninety (90) working days. b. Once an individual is no longer eligible for continuation of 85% of his/her gross pay as described in (a) above and are still unable to return to work, the City shall continue to pay its contribution to insurance for the first ninety (90) calendar days.
c. This section shall not be construed to grant employees the use of sick leave benefits in lieu of or to supplement workers' compensation benefits provided herein or by State law, except as follows:

An employee who returns from an accepted work-related injury or illness to regular duty or modified duty may attend follow-up medical appointments during work hours when it is not possible to arrange such appointments on non-work time. Reasonable advance notice must be given to the supervisor, which in no event shall be less than 24 hours. Release time is subject to supervisory approval based on operational needs.

Under these conditions, to account for the lost work time to attend physician, physical therapy, chiropractic, counseling and other physical and mental care appointments, the employee may:

1. Use accrued paid leave time (sick leave, vacation time, compensatory time, or personal leave); or

2. Use ‘industrial leave without pay” if employee has no accrued paid leave time, or

3. If the employee has not reached a permanent and stationary status, the employee may 12200704.1 SA390-048
elect to use "industrial leave without pay" if employee does not choose to use accrued paid leave (sick leave, vacation time, compensatory time, or personal leave). However, employees who have reached permanent and stationary status must exhaust available leave balances before being placed on leave without pay.

An employee who has not reached a permanent and stationary status and uses industrial leave without pay may be entitled to “wage loss” under workers’ compensation system depending on eligibility.

The City may make changes to its Personnel Policies including, but not limited to, the Santa Barbara Municipal Code to reflect the substance of this Agreement.

70. WORKING OUT OF CLASSIFICATION
The City and the Union agree that it is the intent of departmental management to avoid working an employee out of classification..It is further agreed that working an employee out of classification will occur only to meet the work requirements within the City and that such out of classification work will terminate after fifteen (15) consecutive work days or thirty (30) work days in any one calendar year, or if extended beyond fifteen (15) consecutive or thirty (30) work days, the employee shall be compensated at the rate of the higher classification while the out of classification work continues subject to right of employee to waive this provision based upon personal career development.

For purposes of this article, an out of classification assignment is defined as assignment by the Department Head or designee of the full-time performance of the significant duties of an authorized, funded, regular fulltime position in one or more higher classification(s) by an employee in a position in another classification. "Significant duties" shall be as defined on the appropriate class specification.

When an employee works out of classification continuously for fifteen (15) working days or more, the City shall place a letter in the employee's personnel file acknowledging the out of classification work.

It is the intent of this article to compensate employees for assigned out of class work extended beyond fifteen (15) consecutive or thirty (30) workdays in any one calendar year.

Water Resources Division Operators in Training (OIT’s) who meet the minimum qualifications of (entry/journey level) an operator position, (certification/experience) and who are assigned to perform full (entry/journey) level duties of that position, will be eligible for acting pay (working out of class pay) under this provision.

Reclassification Requests
If an employee believes he/she is working out of classification on a regular on-going basis, the employee may:
a. Request a reclassification from his/her manager in writing. The manager shall respond in writing within ten (10) working days of receipt of the request. The manager may recommend that a classification review be conducted by submitting a written request, approved by the Department Head, to Human Resources.
b. If the employee is not satisfied with the manager's response, he/she may submit a written reclassification request to his/her Department Head or designee within ten (10) working days of receiving his/her manager's written response. Within twenty (20) working days of receipt of the employee's written request, the Department Head or designee shall meet with the employee and issue a written response to the employee and the Human Resources Office. c. If the Department Head's response so requests that a classification review be conducted, Human Resources shall conduct said classification review and shall issue its decision to the employee and the Department Head within forty-five (45) working days of receipt of the request. 12200704.1 SA390-048

71. USLA CERTIFICATION PAY – HARBOR PATROL OFFICERS
Harbor Patrol Officers who possess a valid United States Lifesaving Association (USLA) certification shall receive certification pay in the amount of 2.0% of base salary in recognition of this qualification. Certification pay shall be effective at the beginning of the first full pay period following the employee’s submission of documentation verifying their USLA certification. The USLA Certification Pay shall be effective for employees employed as of January 1, 2026.

72. POST CERTIFICATE PAY – AIRPORT POLICE OFFICERS
Effective the beginning of the first full pay period after the City receives official notification from POST verifying an Airport Police Officer’s qualification for an Intermediate or Advanced POST Certificate, the employee shall receive the corresponding supplemental pay listed below. These supplemental amounts represent 50% of the value previously proposed by the Association and shall not be stacked.  Intermediate POST Certificate: $198 per month
 Advanced POST Certificate: $301.50 per month
Employees shall only receive the highest applicable supplement for which they are eligible. The POST Certification Pay shall be effective for employees employed as of January 1, 2026.

73. INCORPORATION OF AIRPORT SECURITY AIDE CLASSIFICATION The classification of Airport Security Aide shall be incorporated into the TAP bargaining unit. Employees in this classification shall be covered by all terms and conditions of this agreement, unless expressly stated otherwise.

74. 457 PLAN CONTRIBUTION – PEPRA EMPLOYEES
The City will provide a 457 Deferred Compensation Plan for employee savings. Effective the first full pay period in January 2026, employees defined by California Public Employees’ Pension Reform Act (“PEPRA) who participate in the deferred compensation plan, are eligible to receive $25 per pay period City contribution.

75. LIMITED REOPENER – JULY 1, 2026 (SALARIES, BENEFITS, AND CLASS/COMP STUDY)
Effective July 1, 2026, the parties agree to reopen negotiations on salaries and benefits, including the results of the City’s Classification and Compensation Study and any proposed implementation measures. Until completion of the City’s Compensation and Classification Study that commenced in 2023, TAP agrees to waive its right to review the salary placement of up to three (3) classifications within a series that meet one or more applicable criteria until July 1, 2029.

After July 1, 2029, and upon the Union’s request, the City shall, once each year in January, review the salary placement of up to three (3) classifications within a series that meet one or more of the following criteria:

1. Significant turnover;

2. Difficulty recruiting;

3. Internal misalignment with classifications(s) with similar responsibilities or duties;

4. Range or salary compaction; and/or

5. External misalignment with classification(s) with similar responsibilities or duties within the following jurisdictions:

Water/Wastewater Systems
Santa Cruz Santa Monica
12200704.1 SA390-048
Goleta Sanitary District Goleta Water District
City of Los Angeles (LADWP) Irvine Ranch Water District Airport Patrol/Operations Fresno/Yosemite International Airport (FAT) Palm Springs International Airport (PSP) Bob Hope Burbank (BUR)
San Jose International Airport (SJC) John Wayne Santa Ana Airport (SNA) Harbor Patrol
Redondo Beach City of Los Angeles Santa Monica Huntington Beach County of Orange

76. REOPENER – HEALTH CARE TRUST
The parties agree to a reopener for the sole purpose of discussing the potential establishment of a Medical Health Care Trust for bargaining-unit employees.

77. LIMITED REOPENER – CALPERS CONTRACT AMENDMENT
The parties agree to a limited reopener to discuss potential amendments to the City’s CalPERS contract to provide service credit for unused sick leave upon retirement, subject to applicable CalPERS regulations and City Council authority.
12200704.1 SA390-048
APPENDIX ‘A’

SHIFT DIFFERENTIAL EXAMPLES
Example 1. An employee is assigned to work a ten (10) hour shift from 3:30 p.m. to 1:30 a.m. Because 50% or more of the assigned shift hours fall between 5:00 p.m. and midnight, the employee is entitled to Swing Shift Differential pay. If that employee is asked to work overtime from 1:30 a.m. to 3:30 a.m., the employee will be entitled to Swing Shift Differential pay at the overtime rate for the additional two hours (1:30 a.m. to 3:30 a.m.) worked.

Example 2. An employee is assigned to work an eight (8) hour shift from 7:30 a.m. to 4:00 p.m. and is then directed to work an additional five (5) hours to cover for a sick employee from 4:00 p.m. to 9:00 p.m. The employee is not entitled to shift differential pay because the assigned shift hours (7:30 a.m. to 4:00 p.m.) do not qualify for shift differential and the overtime worked is less than eight hours.

Example 3. An employee is assigned to work 8:00 a.m. to 4:30 p.m. However, on this particular day, the employee is assigned to work from 3:00 a.m. to 8:00 a.m. in addition to the assigned regular shift hours in order to cover for an absent employee. The employee is not entitled to shift differential pay because the assigned shift hours do not qualify for shift differential.

Example 4. An employee is assigned to work 7:30 a.m. to 4:00 p.m. and then is directed to work additional time for an emergency situation. The employee then works until 1:00 a.m. The employee is entitled to Swing Shift Differential pay at the overtime rate for the period of 4:00 p.m. to 1:00 a.m. The employee has in effect worked two shifts.

Example 5. An employee is assigned to work the swing shift between 4:00 p.m. and midnight and then is assigned to work the graveyard shift from midnight to 8:00 a.m. In this case the employee is assigned to work two distinct shifts. Therefore, the employee is entitled to Swing Shift Differential pay for the time between 4:00 p.m. to midnight and Graveyard Shift Differential pay at the overtime rate for the hours from midnight to 8:00 a.m.

Example 6. An employee is assigned to work the graveyard shift between midnight and 8:00 a.m. and then is assigned the day shift from 8:00 a.m. to 4:30 p.m. As in Example 5, the employee is assigned two distinct shifts; therefore, the employee is entitled to Graveyard Shift Differential for the time period of midnight to 8:00 a.m., but no shift differential for the time period of 8:00 a.m. to 4:30 p.m.

Example 7. An employee is assigned to work from 4:00 p.m. to midnight. That employee leaves work at midnight, goes home, and then is called back to work between 2:00 a.m. and 7:00 a.m. That employee is entitled to Swing Shift Differential pay for the regular assigned shift from 4:00 p.m. to midnight. The employee is not entitled to shift differential pay for the overtime hours (2:00 a.m. to 7:00 a.m.) because it is considered a call back of less than eight hours.

Example 8. An employee is assigned to work 7:30 a.m. to 4:00 p.m. and then is called back to work at 7:00 p.m. and works until 3:00 a.m. due to an emergency situation. The employee is entitled to Swing Shift Differential at the overtime rate for the call back of eight hours or more (7:00 p.m. to 3:00 a.m.).

Appendix A- Shift Differential Examples
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12200704.1 SA390-048
12200704.1 SA390-048

APPENDIX B

CITY OF SANTA BARBARA

FAMILY FRIENDLY PERSONNEL POLICIES
February 20, 1990
Note: A leave or reduced schedule approved under one of these policies runs concurrently with any applicable leave entitlements under the FMLA/CFRA Family and Medical Leave Policy.

Contents

1. Maternity Leave Policy

2. Parental Leave Policy

3. Flexible Leave Policy

4. Alternative Work Schedules

5. Job Sharing

6. Part-time Work

7. At-home Work
Appendix B- FAMILY FRIENDLY

PERSONNEL POLICIES
12200704.1 SA390-048
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1. MATERNITY LEAVE (medical leave)
The City of Santa Barbara is committed to providing time off from work, so far as possible, to employees during pregnancy and following childbirth.

Maternity leave requests, including both medical and non-medical components (see section on Parental leave for information regarding non-medical leave), must be submitted to the City Administrator via the Department Head at least 30 days in advance. The requirement for 30 days advance notice may be waived when warranted by unexpected medical circumstances. Pursuant to state law, maternity leaves for medical reasons will be granted for up to four (4) months and may be extended up to a maximum of one (1) year subject to the operational needs of the department as determined by the Department Head. All medical leaves must be verified by a doctor's certificate of disability.

When an employee is physically disabled from work due to pregnancy or following childbirth, the employee will obtain a doctor's certificate of disability indicating the dates when the employee will be physically unable to work. When physically disabled, the employee may use sick leave or other paid leave. An employee disabled due to pregnancy or childbirth may request an unpaid leave of absence for medical reasons once her sick leave and other paid leave balances total less than forty (40) hours. A doctor's note listing the dates of the disability must be submitted with the medical leave request. Any leave of absence greater than 7 days must be approved in advance by the City Administrator.

The City will coordinate an employee's use of State Disability Insurance (SDI) with City paid leave which allows employees on maternity leave and covered by SDI to extend the use of their paid leave time.

When an employee is on medical leave of absence due to pregnancy, the City will continue to pay the employer portion of the insurance for the first ninety (90) days of the medical leave of absence. Thereafter, an employee will have to pay both the employer and the employee portions of her insurance.

2. PARENTAL LEAVE (all employees, non-medical leave)
The City recognizes that after the birth or adoption of a child, it is important for a parent to be with his or her child. As a result, the City encourages Department Heads to accommodate requests for parental leaves to care for a newborn or newly adopted child.

Parental leaves shall be with pay if the employee has leave balances of vacation, personal leave, or compensatory time. An employee may request a parental leave of absence without pay when the employee's paid leave balances total less than forty (40) hours (see section on Maternity Leave for information regarding medical leave related to pregnancy and childbirth).

Parental leave requests must be submitted to the City Administrator via the Department Head at least 30 days in advance. When requested, parental leaves will be approved for a length of time sufficient to provide the employee a minimum of one (1) month absence from work. Any medical leave related to pregnancy and child birth (maternity leave) will not be counted in the minimum one (1) month. The scheduling of parental leave is subject to the approval of both the City Administrator and Department Head based on the operational needs of the department. Extension of the parental leave of absence may be granted, subject to the approval of the City Administrator, via the Department Head. The total duration of the combined medical and parental leaves of absence cannot exceed one year.

Appendix B- FAMILY FRIENDLY

PERSONNEL POLICIES
12200704.1 SA390-048
- 2 -
Employees are encouraged to discuss their time off needs with their supervisors as early as possible.

Employees are also encouraged to save their vacation, personal leave, and compensatory time for use during parental leave. Temporary waivers of the minimum annual vacation use and maximum vacation accrual will be considered to assist prospective parents in building their leave banks.

While on parental leave of absence without pay, an employee will have to pay both the employer and employee portions of his or her insurance.

3. FLEXIBLE LEAVE POLICY (All employees)
Employees may use accrued personal leave, vacation, comp time, to respond to emergency needs for spouse or dependent*, such as illness, childcare or elder care. The employee shall notify his/her supervisor immediately of the nature of the emergency. Approval for leaves under this policy shall not be unreasonably withheld. Advance approval for spouse or dependent illness is not required. * For purposes of this policy, a dependent is one who is a dependent pursuant to IRS regulations.

4. ALTERNATIVE WORK SCHEDULES (All employees)
The City believes that alternative work schedules are viable options to meet personal needs in areas such as childcare and transportation where such schedules continue to meet the operational needs of the department.

Individual employees may request alternative work schedules which meet their personal needs and the operational requirements of the department. Alternative schedules may be different daily work hours or a different work week. Approval for reasonable alternative work schedules is subject to the operational needs of the department as determined by the Department Head. The continuation of such schedules shall be subject to Department Head review with reasonable input from affected employees.

5. JOB SHARING (All employees)
The City recognizes that job-sharing may facilitate the balancing of employees' personal needs with their job responsibilities. As a result, the City encourages Department Heads to attempt to accommodate requests for job-sharing subject to the operational needs of the department as determined by the Department Head.

An employee may request that his/her full-time position be redefined as a job-sharing position to be filled by two part-time employees. Requests for job sharing positions shall be submitted to the Department Head and require final approval by the City Administrator and City Council.

Job sharing positions may be discontinued at the discretion of the Department Head, with 30 days notice to affected employees.

Appendix B- FAMILY FRIENDLY

PERSONNEL POLICIES
12200704.1 SA390-048
- 3 -

6. PART-TIME WORK (All employees)
An employee may request to work on a part-time basis. A request to work part-time for a limited duration is subject to the operational needs of the department as determined by the Department Head. The Department Head may grant part-time assignments of limited duration. Extensions of part-time assignments will be considered upon employee request.

All part-time assignments may be periodically reconsidered by the Department Head. If the Department Head determines additional hours are required in the position, the employee will be given thirty days notice of the requirement to work increased hours.

Part-time assignments must be a minimum of 20 hours per week. Part-time regular employees receive insurance benefits and paid leave benefits prorated based on the number of hours worked.

To change an employee from full-time to part-time status requires a Personnel Action Form (PAF) and notification to the Personnel Office.

7. AT-HOME WORK (All employees)
With prior approval of the Department Head and review by Risk Management, an employee may request to work at home on a limited-term basis. All requests will be subject to the operational needs of the department as determined by the Department Head. Increased City liability including safety and workers' compensation issues will be closely reviewed prior to granting at-home work requests.

Requests for work schedules which include working at home for part of the regular work week may be submitted to the Department Head. Authorization for such schedules for either a predetermined or indefinite length of time will be made based on the following criteria:
a) the operational needs of the department work site must be met adequately; b) the job duties must be such that work can be accomplished at home; c) proper equipment and supplies necessary to the job assignment can be provided at reasonable cost; d) sufficient measures of productivity can be determined; e) efficient and effective methods can be established for supervisory review of work assignments; f) the employee can be contacted at home during predetermined work hours.

Plans for meeting each of these criteria should be submitted in writing to the Department Head for evaluation.

Once approved, at-home work schedules are subject to periodic review and may be discontinued at the discretion of the Department Head, with fourteen (14) days notice to the employee. 12200704.1 SA390-048
Appendix C

APPENDIX C

CITY OF SANTA BARBARA DRUG AND

ALCOHOL TESTING POLICY
Appendix C- Drug and Alcohol Testing Policy

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Santa Barbara City CouncilDecember 16, 2025

Santa Barbara City Council
December 16, 2025