CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Kristen W. Sneddon
Mayor Pro Tempore
Kelly McAdoo
City Administrator
Oscar Gutierrez
Ordinance Committee Chair
John Doimas
City Attorney
Wendy Santamaria
Finance Committee Chair
Eric Friedman
Meagan Harmon
Mike Jordan
City Hall
735 Anacapa Street
SantaBarbaraCA.gov
THURSDAY, JANUARY 29, 2026, 11:00 AM
SPECIAL MEETING AGENDA
FAULKNER GALLERY, 40 E. ANAPAMU STREET
IN-PERSON PUBLIC COMMENT: Any person wishing to address the City Council 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. The City Council, 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 Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.
PUBLIC COMMENT LIMITED TO SPECIAL MEETING TOPICS: Public comment on matters not listed on the agenda will not occur at the beginning of the meeting because this is a special meeting.
REPORTS: Copies of the reports relating to agenda items are available for review at 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 (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.
(CONTINUED ON NEXT PAGE)
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. 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. 01/29/2026 Santa Barbara City Special Meeting Agenda Page 1 THURSDAY, JANUARY 29, 2026, 11:00 AM
SPECIAL COUNCIL MEETING AGENDA
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT ON ITEMS LISTED ON THE AGENDA
COUNCIL WORKSHOP
1. Subject: Retail Symposium
Recommendation: That Council receive a presentation from California retail experts about the current state of retail in California, how high-quality public spaces shape the retail experience, and strategies to attract a diverse customer base to downtown Santa Barbara.
2. Subject: Council 2026 Procedures and Handbook Update, Advisory Committee Guidelines Update, and Potential Charter Amendment Recommendation: That Council participates in a facilitated workshop to provide input into a potential Charter Amendment, updating the Council Procedures and Handbook, and updating the Advisory Committee Guidelines.
ADJOURNMENT
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: January 29, 2026
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Retail Symposium
RECOMMENDATION: That Council receive a presentation from California retail experts about the current state of retail in California, how high-quality public spaces shape the retail experience, and strategies to attract a diverse customer base to downtown Santa Barbara.
DISCUSSION:
The City Council will participate in the City’s first retail symposium, which will provide an overview of current retail trends in California and best practices for creating a successful downtown retail environment. The symposium will feature the following speakers:
Rachel Michelin, President, California Retailers Association Rick Lemmo, Senior Vice President, Caruso Properties
Mark Ingalls, Property Manager, Camino Real Marketplace, Goleta Purpose for the Symposium:
The overall purpose of the retail symposium is to share how retail has evolved in recent years, what drives successful retail districts today, and what considerations may be most important for Santa Barbara as the City advances downtown revitalization efforts. This information will support Council’s broader policy direction related to improving economic vitality, strengthening downtown as a destination, and aligning public space investments with desired retail outcomes.
Event Overview:
The symposium will include a series of short presentations and discussion focused on retail trends and practical considerations for tenant attraction and retention:
Agenda Item No. 1
Council Agenda Report
Retail Symposium
January 29, 2026
Rachel Michelin will provide a statewide and regional overview of retail trends, including key shifts in the retail landscape since 2018. Rick Lemmo will share insights from Caruso Properties, including tenanting strategies, retail mix considerations, and approaches for attracting and serving a broad customer base.
Mark Ingalls will provide a local market perspective and share trends observed in Goleta and the South Coast region, including strategies property owners use to attract and retain retail tenants.
Discussion topics are anticipated to include:
Retail strategy considerations for State Street and Downtown Santa Barbara, including retail mix, target tenants, and what differentiates Santa Barbara from other retail environments
Statewide and regional retail trends impacting California communities How high-quality public spaces—such as landscaping, maintenance, amenities, and “concierge-level” management—shape the retail experience and influence performance
How retail destinations are curated to create a welcoming and successful environment for a wide range of customers
Background and Relationship with Current City Initiatives:
The retail symposium directly supports Council’s consideration of major downtown planning and revitalization initiatives currently underway, including the State Street Master Plan and redevelopment proposals in the Paseo Nuevo area.
This Retail Symposium is intended to provide a broad, informational discussion regarding downtown revitalization strategies and the City’s long-term economic vitality. Topics that may be discussed include, but are not limited to, general retail trends, economic conditions affecting downtown, and high-level considerations related to areas such as State Street and the Paseo Nuevo redevelopment.
No decisions will be made, no direction will be given to staff, and no formal action will be taken by the City Council on any specific project, proposal, or policy at this symposium.
Any future consideration of specific actions or direction related to these topics would occur at a duly noticed public meeting in compliance with the Brown Act.
Paseo Nuevo Redevelopment Context
Council previously reviewed a proposed redevelopment concept in the Paseo Nuevo area (Ortega Street to Canon Perdido Street) that included:
Demolition of the former Macy’s building and construction of approximately 233 rental housing units, and
Council Agenda Report
Retail Symposium
January 29, 2026
A re-tenanting strategy and new retail vision for the in-line retail shops, including a small grocery concept at the corner of State Street and Ortega Street.
State Street Master Plan
The State Street Master Plan is a long-range planning document currently being finalized to guide the future of State Street (Gutierrez Street to Sola Street). The Master Plan will address streetscape design, public realm improvements, and potential long-term transportation configurations, including considerations for when and if vehicles may access portions of the corridor.
While transportation planning is an important component of the Master Plan, economic development and housing are also major policy considerations. The symposium is intended to provide Council with relevant industry context regarding retail performance, tenant mix, and successful downtown environments, which can help inform decisionmaking as the Master Plan is finalized.
Economic Development Request for Proposals (RFP)
The City plans to issue a Request for Proposals (RFP) in 2026 for development of a comprehensive Economic Development Plan. A citywide retail strategy—encompassing the downtown core, the Waterfront, and other key commercial areas—will be a central component of the Plan and will help inform future policy and investment.
Next Steps
To support the discussion on January 29, 2026, staff requests that each Councilmember submit two questions regarding retail in Santa Barbara. Questions should be emailed to Tess Harris at [email protected] no later than Monday, January 26, 2026, and will be used to help shape the facilitated discussion.
BUDGET/FINANCIAL IMPACT:
There is no direct cost associated with the Retail Symposium. The information and perspectives provided through the symposium will support City Council’s understanding of current retail trends and the factors that contribute to successful retail districts. This insight will help inform ongoing downtown revitalization initiatives and long-term planning efforts intended to strengthen economic vitality in Downtown Santa Barbara.
PREPARED BY: Tess Harris, State Street Master Planner
SUBMITTED BY: Anthony Valdez, Deputy City Administrator APPROVED BY: Kelly McAdoo, City Administrator
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: January 29, 2026
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Council 2026 Procedures and Handbook Update, Advisory Committee Guidelines Update, and Potential Charter Amendment
RECOMMENDATION:
That Council participates in a facilitated workshop to provide input into a potential Charter Amendment, updating the Council Procedures and Handbook, and updating the Advisory Committee Guidelines.
DISCUSSION:
Potential Charter Amendment
Santa Barbara City Charter Section 521 of the Charter of the City of Santa Barbara (City) limits leases of City property to a duration of 50 years. It also requires City Council approval by ordinance of contracts by which the city is bound for a duration longer than five years.
The proposed changes in language modernize and streamline the contract approval process while maintaining Council oversight. It also proposes to eliminate the 50-year limitation on leases for City property. These updates will allow the City to take full advantage of its power as a charter city to manage City property as a municipal affair. The charter amendment could be considered in a special election on June 2, 2026.
Council Procedures and Handbook
The City Council Procedures are intended to guide the preparation for and conduct of City Council meetings. They were last updated and approved by Council on March 14, 2023.
The topics to be discussed for addition or revision of Council procedures include: the issue referral process (Two Person Memo), Council office budget guidelines, event sponsorships by Councilmembers, the order of items on the Council agenda, types of Council meetings, SB707 updates for hybrid meetings, and other issues that Councilmembers would like to address.
Agenda Item No. 2
Council Agenda Report
Council 2026 Procedures and Handbook Update, Advisory Committee Guidelines Update, and Potential Charter Amendment
January 29, 2026
Advisory Committee Guidelines
Section 800 of the City of Santa Barbara Charter authorizes the establishment of City boards and commissions. Article VIII of the City Charter establishes 11 boards and commissions. It also contains provisions regarding the manner of appointment, removal from office, number and terms of members, meetings, and the powers and duties of each board and commission. The Advisory Committee Guidelines supplement the recruitment and appointment procedures specified in the City Charter. For the workshop discussion, topics include remote participation by Advisory Committee members and term limits as well as any other items desired by the Council.
BUDGET/FINANCIAL INFORMATION:
Appropriation of General Fund Reserves in the amount of $195,000 to fund the cost necessary to support the County Elections Division will be needed to add the charter amendment to the June 2, 2026 election.
The adopted General Fund budget for FY2026 and FY2027 calls for the use of reserves of $1.6 Million and $5.9 Million, respectively, to balance the budget. The General Fund has previously and is projected to continue to have structural operating deficits as ongoing revenue growth is not adequate to fund the ongoing expenditure growth of existing operations.
Since FY2026 began on July 1, 2025, the City has been negotiating with many collective bargaining units, including the Police Officers Association (POA), Fire Association (FA), Police Managers Association (PMA) and Fire Managers Association (FMA), all of which are entirely funded by the General Fund. The salary increase assumptions built into the FY2026 and FY2027 budget were 5% and 4%, respectively. The cost of all recent public safety agreements exceeds the assumptions in the FY2026 and FY2027 budget, which will result in increased deficits.
Without any additional revenue or expenditure reductions in the General Fund, the FY2026 and FY2027 deficits will be larger thus requiring additional reserves to be used to balance the budget. If no budget changes are made, all General Fund contingency reserves will be depleted by the end of FY2026, and all General Fund disaster reserves will be depleted by the middle of FY2029.
ATTACHMENTS: 1. Workshop Agenda
2. Draft Charter Amendment Language
3. City Council Procedures March 14, 2023
4. Guidelines for the City of Santa Barbara Advisory Groups
PREPARED AND
SUBMITTED BY: Rene Eyerly, Assistant City Administrator APPROVED BY: Kelly McAdoo, City Administrator
City of Santa Barbara
2026 Council Procedures Workshop Agenda
Santa Barbara Public Library | 40 East Anapamu Street, Santa Barbara, CA 93101 Thursday, January 29
11:00AM-12:30PM
• Council convenes
• Retail Workshop
• Working Lunch
12:30PM-1:00PM Break
1:00PM-5:00PM – Council Procedures and related topics
• Raftelis Introductions/Agenda Review
o Opening Comments
o Agenda/Norms/Bike Rack
• Warm-Up Exercise (everyone participates)
o In June and July this year, millions of soccer (football) fans will be coming to California to cheer on their country or just to see their favorite stars. Games are spread out over the month, with June matches in Santa Clara and June/July matches in Los Angeles. o For World Cup visitors that wisely extend their visit to see Santa Barbara:
What one thing would you want them to know or learn about the City of Santa Barbara?
Where would you tell them to go?
• Discussion Topic 1: Potential Charter Amendment
o City Administrator will frame the focus for this section o Topics to be discussed:
Language for charter amendment to change 50-year lease language Get agreement that the amendment would be planned for June – review order of Operations for the Potential Ballot Measure
o Are we missing anything?
• Discussion Topic 2: Council Procedures and Handbook
o Facilitator will frame the focus for this section
o City Administrator/staff comments
o Topics to be discussed:
Issue Referral Process
Budget Office Guidelines
Event Sponsorships
Updates to Hybrid Meetings with SB 707
Order of Council Agendas
Council meeting-types
o Are we missing anything?
o Review follow up/next steps
ATTACHMENT 1
• Discussion Topic 3: Advisory Committee Guidelines and Updates o Staff/Facilitator will frame the focus for this section o Topics to be discussed:
Remote Participation
Term Limits
o Are we missing anything?
o Discuss follow up
• Wrap up and Next Steps
o City Administrator summarizes next steps
o Closing thoughts
ATTACHMENT 2
Section 521Contracts. Restrictions.
No contract or lease or extension thereof by which the City is bound for a longer period than five years shall be valid unless said the contract, or lease or extension be made or is approved by ordinance or resolution of the City Council. which shall be subject to referendum; nor may the City lease property owned, held or controlled by it for any period exceeding 50 years. Contracts for the sale, lease, or use of city property are a municipal affair subject only to the limitations as may be provided in this Charter or in the Constitution of the State of California. The City may lease property owned, held, or controlled by it for terms established by the City Council.
This section shall not apply to any franchise granted pursuant to the provisions of this Charter or to any contract for the furnishing or acquisition of the products, commodity commodities, or services of any public utility RESOLUTION NO. 23-029
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SANTA BARBARA ADOPTING RULES OF
PROCEDURE GOVERNING THE CONDUCT OF
CITY COUNCIL MEETINGS AND RESCINDING
RESOLUTION NO. 22-013
WHEREAS, Santa Barbara Municipal Code Section 2.04.020 and City Charter Section 509 authorize the City Council to adopt by resolution rules of procedure governing the conduct of City Council meetings; and
WHEREAS, the City Council wishes to adopt such rules of procedure.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:
1. The Santa Barbara City Council Rules of Procedures attached to this Resolution as Exhibit A are hereby adopted.
2. Resolution No. 22-013 is hereby rescinded.
ATTACHMENT 3
EXHIBIT A
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EXHIBIT A
TABLE OF CONTENTS
1. INTRODUCTION............................................................................................ 1
1. 1. Usage...................................................................................................... 1
1.2. Procedures are Directory Only............................................................. 1
2. MEETING PREPARATION............................................................................1
2. 1. Staff Placing Matters on the Agenda................................................... 1
2.2. Mayor and Council Agenda Requests ................................................. 1
2.3. Public Agenda Requests.......................................................................2
2.4. Consent Calendar.................................................................................^
3. AGENDAS.....................................................................................................3
3. 1. Agenda Posting.................................................................................. 3
3.2. Adding Matters to an Agenda..............................................................^
3. 3. Written Materials and Public Records .................................................5
3.4. Submission of Materials by the Public for Council Consideration ...5
4. MEETING PROCEDURES ............................................................................6
4. 1. Presiding Officer....................................................................................6
4.2. Recording Votes....................................................................................7
4.3. Disqualification for Conflict of Interest................................................ 7
4.4. Changing Votes..................................................................................... 8
4. 5. General Rule of Debate ......................................................................... 8
4. 6. Rosenberg's Rules of Order................................................................ 8
4. 7. Types of Meetings................................................................................. 8
4. 8. Forms of Council Action ..................................................................... 13
4. 9. Voting................................................................................................... 14
4. 10. Minutes........................................................................................ 15
4. 11. Public Participation.................................................................... 15
4. 12 Public Comment......................................................................... 15
4. 13 Decorum and Rules of Conduct................................................ 16
4. 14 Quasi-Judicial Hearings............................................................ 17
4. 15 Estimated Agenda Start Times for Large Groups................... 20
4. 16 Council Chambers Capacity...................................................... 21
5. POWER OF CENSURE.............................................................................. 21
SANTA BARBARA CITY COUNCIL PROCEDURES
1. INTRODUCTION
1. 1. Usage. These City Council Procedures ("Procedures") are intended to guide the preparation for and conduct of City Council meetings.
1.2. Procedures are Directory Only. These Procedures are directory, not mandatory. No action of the City Council shall be held invalid due to any failure to observe the provisions of these procedures, nor shall any person have a claim or cause of action against the City or any of its officers or employees as a result of any such failure.
2. MEETING PREPARATION
2. 1. Staff Placing Matters on the Agenda. The City Administrator/City Clerk shall be responsible for establishing the City Council agenda, in consultation with the Mayor and Mayor Pro Tempore. Each item of business to be considered at a regular City Council meeting must appear on the agenda for that meeting, except as provided in these procedures or under state law. The agenda shall include a brief general description of each item of business to be transacted or discussed. The description should reasonably inform the public as to the nature of the item and any potential action. For example, a land use item should include the street address of the property involved and a description of the approvals being sought, as well as the proposed form of environmental review. The draft Council Agenda Report and associated documents pertaining to an item on the agenda of the City Council and which is to be distributed with the agenda shall be delivered to the City Clerk no later than 12:00 p. m. on the Tuesday two weeks preceding the regular City Council meeting. Draft reports shall not be publicly disclosable until distributed to a majority of the City Council.
2.2. Mayor and Council Agenda Requests. Any two Councilmembers may direct that an item be placed on a City Council agenda by submitting a written request to the City Administrator/City Clerk. The written request must contain all of the following:
2.2. 1. A substantive outline or summary of the information that will be presented to the City Council;
2.2.2. A concise statement of the specific action the City Council will be asked to take on the item; and
2. 2.3. A statement of the reasons why the requesting Councilmembers believe it is appropriate and within the jurisdiction of the City Council to consider this subject matter and to take the requested action.
SANTA BARBARA CITY COUNCIL PROCEDURES
2.3. Public Agenda Requests.
2. 3. 1 A member of the public may request that an item be placed on the City Council's agenda only by providing the City Administrator/City Clerk with a written request for such consideration. The written request must contain all of the following:
2. 3. 1. 1. A substantive outline or summary of the information that will be presented to the City Council;
2.3. 1.2. A concise statement of the specific action the City Council will be asked to take on the item; and
2. 3. 1.3. A statement of the reasons why the requesting party believes it is appropriate and within the jurisdiction of the City Council to consider this subject matter and to take the requested action.
2. 3.2. Upon receipt of such an agenda item request, the City Administrator/City Clerk shall forward a complete copy of the request to all Councilmembers, City Attorney, and to any other City staff the City Administrator/City Clerk deems appropriate. Thereafter, such an agenda item request shall be placed on a City Council agenda only upon a written request from at least two Councilmembers to the City Administrator/City Clerk.
2. 3.3. A member of the public who makes an oral request during a City Council meeting that an item be placed on a future agenda shall be advised that, for such a request to be processed further, the request must be made in writing in accordance with the requirements of these procedures.
2.4. Consent Calendar. The Consent Calendar shall be comprised of items that in the City Administrator/City Clerk's judgment, will not require discussion. A Consent Calendar item shall be 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 of the City Council. Except for the titles of ordinances or resolutions, items on the Consent Calendar will not be read unless directed by the Mayor. Approval of a motion of the City Council to accept the Consent Calendar shall be deemed to include consent to reading ordinances and resolutions by title only
SANTA BARBARA CITT COUNCIL PROCEDURES
3. AGENDAS
3. 1. Agenda Posting.
3. 1. 1. Physical Posting Locations. The agenda for each regular City Council and Standing Committee meeting shall be available and posted at the City Clerk's Office, City Hall Public Notice Board, Central Library and City's website on the Thursday preceding the meeting. The City Clerk's Office shall report to the City Council the date and place of posting the agenda for that meeting, and the report shall be reflected in the agenda and minutes of the meeting. The Council Agenda Packet also will be available at the Central Library on the Thursday preceding the meeting. Agenda revisions may be posted as late as 72 hours before the meeting.
3. 1.2. Internet Agenda Posting. All agendas for City Council meetings and Standing Committee meetings shall be posted to the City's website no later than 72 hours before the meeting. In the event that the website goes down or otherwise is inaccessible for all or part of the 72 hours preceding the meeting due to technical difficulties or other factors not within the City's control, the meeting may proceed.
3. 1.3. Significant Issues Before Council. The City Administrator/City Clerk shall develop and maintain an advance listing of significant issues that are likely to come before the Council.
3. 1.4. Agenda Packet Distribution. The Council agenda packet consisting of the agenda and Council Agenda Reports will be distributed to each Councilmember and those City officers and employees designated by the City Administrator/City Clerk generally by 3:00 p. m. on Thursday preceding the regular City Council meeting. By that hour, copies of the agenda and Council Agenda Reports shall be available to the press and public in the City Clerk's Office and on the City's website. Any person may have a copy of an agenda mailed by the City Clerk's Office by providing a self-addressed, postage pre-paid envelope of sufficient size to accommodate the agenda. The City Administrator/City Clerk is authorized to direct early distribution of Council Agenda Reports that are large or of considerable public interest in order to achieve wider public distribution and more time for study by the City Council.
3. 1.5. Order of Business. City Council business at a regular meeting shall be conducted in the following order except as otherwise directed by the City Council or the City Administrator/City Clerk, who is authorized to exercise flexibility in establishing the order of agenda items to be considered at each City Council meeting:
Page3
SANTA BARBARA CITY COUNCIL PROCEDURES
AFTERNOON SESSION - 2:00 P. M.
12:00 p. m. Finance Committee Meeting
12:00 p. m. Ordinance Committee Meeting
2:00 p. m. Regular City Council Meeting:
Pledge of Allegiance
Roll Call
Ceremonial Items
Changes to the Agenda
Consent Calendar
Public Comment
Pulled Consent Items
Public Comment on Pulled Consent Items
Report from the Finance Committee
Report from the Ordinance Committee
Councilmember Committee Assignment Reports
City Council Administrative and Attorney Reports
Council and Staff Communications
Councilmember Engagements
Public Comment (If Necessary)
6:00 P. M. Evening City Council Meeting if neededPledge of Allegiance Roll Call
3.2. Adding Matters to an Agenda. Except as provided in this paragraph or as otherwise provided by law, no action shall be taken at a regular City Council meeting on any item which does not appear on the posted agenda.
An item may be added to the agenda after the agenda has been published and posted upon a determination by a two-thirds vote of the City Council (or a unanimous vote if less than two-thirds of the City Council is present); the vote shall be on a motion stating and finding that there is a need to take immediate action and the need for action came to the attention of the City after the agenda was published and posted. Any such motion shall be accompanied by distribution of a written statement, to be included in the record, stating the facts upon which it can be determined that the need to take action arose after the agenda was published and posted. If it is infeasible to present such a written statement of reasons, the City Clerk's Office shall include in the minutes of the meeting a statement of the reasons for the City Council's determination. In addition, action may be taken on an item not on the posted agenda under the circumstances stated in Government
SANTA BARBARA CITY COUNCIL PROCEDURES
Code Sections 54954.2(b)(1) [emergency] and 54954.2(b)(3) [continued regular meetings].
3.3. Written Materials and Public Records.
3. 3. 1. Agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of the City Council by any person in connection with a matter subject to discussion or consideration at an open meeting of the City Council are disclosable public records under the California Public Records Act, unless distributed for consideration in closed session or otherwise exempt from public disclosure.
3. 3.2. If a writing that is a public record as provided above, and that relates to an agenda item for an open session of a regular meeting of the City Council, is distributed to all or a majority of the members of the City Council less than 72 hours prior to that meeting, the writing shall be made available for public inspection as provided in Government Code Section 54957. 5. The City shall list the address of this office or location on the agendas for all meetings of the City Council. The City Clerk may post the writing on the City's website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting.
The City Clerk shall list the web address of the City's internet website on the agenda for all meetings of the City Council. When materials subject to this subparagraph are distributed on a day that City Hall is closed to the public, physical copies of all material referenced above shall be made available for public inspection at the City Clerk's Office beginning on the next regular business hours but not later than 24 hours before the start of the City Council meeting.
3. 3.3. The Mayor and each member of the City Council shall use their best efforts to forward to the City Administrator/City Clerk and City Clerk Services Manager any email received at an official City email address in connection with a matter subject to discussion or consideration at an open meeting when it is apparent from the address or ec lines that the email has been distributed to a majority of the City Council. Any writing described above shall be available for public inspection in the City Clerk's Office.
3.4. Submission of Materials by the Public for Council
Consideration.
3.4. 1. In order to assure adequate time for consideration of voluminous and complex material, members of the public who wish to submit written or other materials for consideration by the City Council in connection with an agenda item should provide 11 copies of the material to the City Clerk's Office no later than Tuesday at 5:00 p. m. the week before the agenda item is to be heard by the City
SANTA BARBARA CITY COUNCIL PROCEDURES
Council. The City Clerk shall distribute this material to the City Council with the week's agenda packet on Thursday.
3. 4.2. The City Council shall be under no legal obligation to review any written or other materials that are submitted the day of the Council meeting. The City Council may, but need not, review and consider late-submitted materials if it chooses to do so.
4. MEETING PROCEDURES
4. 1. Presiding Officer.
4. 1. 1. Mayor. The Mayor shall be the presiding officer at all meetings of the City Council and shall be included as a member of the City Council for all purposes unless otherwise expressly provided. He or she shall be counted in determining a quorum and shall be entitled to vote on all matters, but shall possess no veto power. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall preserve strict order and decorum at all meetings of the Council, announce the Council's decisions on all subjects, decide all questions of order in accordance with these procedural rules, and announce the Council's vote on all actions or direct the City Administrator/City Clerk to do so. If there is an appeal to a decision of the presiding officer, the Council as a whole shall decide the question by majority vote. Any Councilmember, with the exception of the presiding officer, may move to appeal a decision of the presiding officer. If the appeal motion is seconded by another Councilmember, the Council shall vote on the appeal. If the appeal motion is not seconded, the presiding officer's decision shall stand. The presiding officer's name shall be called last on any question in voting. The Mayor shall have the primary but not the exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and may inform the people of any change in policy or program. The Mayor shall perform such other duties consistent with his or her office as may be prescribed by the Charter or as may be imposed by the City Council. The Mayor shall serve as the alternate member of the Ordinance Committee and the Finance Committee.
4. 1.2. Mayor Pro Tempore. The Mayor Pro Tempore shall perform the duties of the Mayor during the absence or disability of the Mayor.
4. 1.3. Succession to Mayor and Mayor Pro Tempore. During the absence or disability of the Mayor and the Mayor Pro Tempore, the duties of the Mayor shall be performed by the Councilmember who serves as Chair of the Ordinance Committee. During the absence or disability of the Mayor, Mayor Pro Tempore, and Chair of the Ordinance Committee, the duties of the Mayor shall be performed by the Councilmember serving as Chair of the Finance Committee.
SANTA BARBARA CITY COUNCIL PROCEDURES
4.2. Recording Votes. The vote of each Councilmember shall be recorded for each item of business on the agenda. The City Council shall publicly report any action taken and the vote or abstention on that action of each Councilmember present for the action.
4.3. Disqualification for Conflict of Interest. Pursuant to the regulations of the Fair Political Practices Commission, the Mayor, each Councilmember and any staff with a disqualifying conflict of interest shall, following the announcement of the agenda item to be discussed or voted upon but before either the discussion or vote commences, do all of the following: (1) The public official shall publicly identify: (A) Each type of economic interest held by the public official which is involved in the decision and gives rise to the conflict of interest (i.e. investment, business position, interest in real property, personal financial effect, or the receipt or promise of income or gifts), and (B) The following details identifying the economic interest(s): (i) if an investment, the name of the business entity in which each investment is held; (ii) if a business position, a general description of the business activity in which the business entity is engaged as well as the name of the business entity; (iii) if real property, the address or another indication of the location of the property, unless the property is the public official's principal or personal residence, in which case, identification that the property is a residence; (iv) if income or gifts, then identification of the source; and (v) if personal financial effect, then identification of the expense, liability, asset or income affected. (2) Form of Identification: If the governmental decision is to be made during an open session of a public meeting, the public identification shall be made orally and shall be made part of the official public record.
4.3. 1 Disqualification related to campaign contributions. When disclosure of a campaign contribution is required by Government Code section 84308, the Mayor and Councilmembers shall make a required disclosure before City Council consideration of the item. Disclosure of campaign contributions as required may be made orally during the meeting or in writing filed with the City Administrator/City Clerk before the meeting. To avoid disqualification, when otherwise required under Government Code §34308, the Mayor and councilmembers may comply with the requirements of §34308(d)(1) if applicable.
A party to a City Council proceeding involving a license, permit, contract (except competitively bid, labor, or personal employment contracts), franchise, or other entitlement for use shall disclose any contribution greater than $250 made to or for the Mayor or any Councilmember within the preceding 12 months. Party disclosures shall be filed with the City Administrator/City Clerk and announced when the agenda item that requires the disclosure is called. All disclosures and disqualifications will be recorded in the minutes of the meeting. This section 4. 3.1 applies to campaign contributions received or proceedings occurring on or after January 1, 2023.
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4.4. Changing Votes. The Mayor or any Councilmember may change their vote only by announcing their request immediately after the vote in question and only if the change to the Mayor's or Councilmember's vote would not change the outcome of the vote and before the next agenda matter is announced for discussion.
4. 5. General Rule of Debate. Each motion is to be clearly framed and stated. Each amendment to a motion shall be by separate motion. The following procedure shall be followed (except when the City Council is considering an appeal from the decision of a City board or commission):
4. 5. 1. The item shall be presented by its proponent (Councilmember, staff, Commission member, public, etc. ).
4. 5.2. City Council questions to proponent.
4. 5.3. City staff report and City Council questions to City staff.
4.5.4. Public input from persons who wish to speak.
4. 5.5. City Council debate.
4. 5. 6. Decision.
4.6. Rosenberg's Rules of Order. The procedures of the City Council shall be governed by Rosenberg's Rules of Order, S/mp/e Rules of Parliamentary Procedure for the 21st Century Rosenberg's Rules, as revised. The City Attorney shall serve as Parliamentarian.
4. 6. 1. Mayor and City Council Authority over Procedural Rules. The Mayor shall establish any procedural rule not specified in these procedures, subject to appeal by vote of a majority of those City Councilmembers present and voting.
4.7. Types of Meetings.
4. 7. 1. Regular Meetings. Regular meetings of the City Council shall be held in the Council Chambers in City Hall or in the David Gebhard Public Meeting Room located at 630 Garden Street on each Tuesday of each week at 2:00 p. m., except when cancelled by the City Council. Regular meetings of the Ordinance Committee shall be held in Council Chambers at City Hall or in the David Gebhard Public Meeting Room on Tuesdays at 12:00 p. m., and regular meetings of the Finance Committee shall be held in the David Gebhard Public Meeting Room or in Council Chambers in City Hall on Tuesdays at 12:00 p. m. Regular meetings of the PageS
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City of Santa Barbara Financing Authority shall be held in Council Chambers at City Hall or in the David Gebhard Public Meeting Room on each Tuesday of each week at 2:00 p. m., provided, however, that if an agenda for a regular meeting of the Santa Barbara Finance Authority is not posted at least 72 hours before the regular meeting, the meeting shall be deemed cancelled.
4.7.2. Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council, by delivering written notice to each member of the City Council and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the City's website. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the City Administrator/City Clerk a written waiver of notice. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. Notwithstanding any other law, the City Council shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, of a local agency executive, as defined in Government Code Section 3511.1(d).
4. 7.3. Adjourned Meetings. The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the City Administrator/City Clerk may declare the meeting adjourned to a stated time and place and he or she shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.
4. 7.4. Site Visits. The City Council may conduct adjourned or special meeting to conduct site visits on agenda items.
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4.7.4. 1. The purpose of a site visit is to permit the City Council to view and inspect the physical aspects of real property and development projects that may be the subject of an agenda item.
4.7.4.2. The Mayor or City staff will state at the beginning of the site visit that the site visit is not an opportunity for anyone to make a statement regarding the agenda item. The only presentation will be an explanation of the agenda item by City staff. The City Council may ask questions of staff. Staff may refer specific questions about the physical aspects of the project to project applicants or appellants. All other public comment, argument or references to policy must be reserved for the noticed hearing on the agenda item.
4.7.4.3. Written materials shall not be distributed during the site visit.
4.7.5. Closed Sessions. The following policy and procedure shall govern the holding of closed sessions by the City Council:
4.7.5. 1. Each closed session of the City Council shall be held in accordance with provisions of applicable law and these procedures.
4. 7. 5.2. The subject to be discussed at each closed session shall be disclosed to Councilmembers in accordance with the provisions of the Ralph M.
Brown Act.
4.7.5.3. The closed session shall not be held if the Mayor determines that the closed session is inappropriate, unless that determination is overruled by a majority vote of the City Council.
4. 7. 5.4. The Mayor shall preside at meetings of the City Council in closed session and shall terminate a closed session if the discussion departs from the announced subject.
4.7.5.5. A Councilmember may call for a vote to terminate a closed session at any time during the meeting.
4. 7.5.6. Statements made and documents distributed or discussed in closed session are privileged from disclosure. No disclosure of any statement made in closed session or document protected from disclosure will be made by any Councilmemberor by City staff, except as disclosure is authorized or required by applicable law.
4.7.5. 7.
these procedures:
If it is alleged that a Councilmember or City staff has violated
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4. 7. 5. 7. 1. The Mayor, a Councilmember, or the City
Administrator/City Clerk may request a formal hearing be set at which the City Council shall hear the allegations, take sworn testimony, and review such information and evidence as may be presented.
4. 7. 5. 7.2. The hearing shall be conducted by the Mayor, or, in the Mayor's absence, by the Mayor Pro Tempore; except that if the Mayor or the Mayor Pro Tempore shall be the individual charged, he or she shall not conduct the hearing. If both are charged, the duties of the Mayor shall be performed by the Councilmemberwho serves as Chair of the Ordinance Committee; and if the Chair of the Ordinance Committee is unable to conduct the hearing, the duties of the Mayor shall be performed by the Councilmember who sen/es as Chair of the Finance Committee. The City Attorney shall serve as the hearing officer and shall advise City Council on all procedural matters and may direct questions to any witness.
4. 7.5.7.3. At the conclusion of the hearing, the City Council, by majority vote, shall make a finding as to whether or not any individual has violated the rules against disclosure of closed session information.
4. 7. 5. 7.4. If the City Council finds that a violation has occurred, the City Council shall direct the City Attorney to prepare the appropriate document for transmittal to the District Attorney or Grand Jury of Santa Barbara County requesting the bringing of an accusation for willful misconduct in office under Section 3060 of the Government Code of the State of California or as otherwise provided by law. In addition, the City Council may direct the City Attorney to undertake an appropriate civil action against the person accused, including, but not limited to, an action for breach of fiduciary duty.
4. 7.6. Emergency Meetings. The City Council may conduct emergency meetings when authorized by The Ralph M. Brown Act under Government Code Section 54956. 5. An emergency shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the City Council.
4. 7.7. Work Sessions. A work session is ordinarily for the purpose of i) briefing Councilmembers on a subject; and ii) an informal discussion between City Council, City staff, City boards/commissions, or other agency representative(s).
The City Council shall make no decisions at a work session, other than to give direction to staff for follow-up work. If there is no evening session, a work session may be set for an estimated time in the morning, such as 11:00 a. m. All Councilmembers will be polled for availability before a morning session is scheduled.
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4. 7.8. Teleconferenced Meetings. The City Council may conduct teleconferenced meetings pursuant to the Ralph M. Brown Act under Government Code Section 54953(b). If the City Council elects to use teleconferencing under the general rules, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the City Council shall participate from locations within the City. The agenda shall provide an opportunity for members of the public to address the legislative body directly at each teleconference location. Alternatively, Councilmembers may participate in meetings remotely without identifying the teleconference location in the notice and agenda of the meeting or making the location accessible to the public if specified procedures are followed and under limited circumstances and number, as provided in Government Code Section 54953 (f) - (k).
4.7.9. Budget Hearings. Pursuant to City Charter Section 1203, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity.
4.7. 10. Public Hearings Required by Law. A public hearing on a specific agenda item may be set for a specified time, and each written or published notice regarding that hearing shall announce its date and time. The public hearing may not commence before the time stated on the agenda.
4. 7. 11. Appeals.
4.7. 11.1. Presentations, comments and deliberations by the parties and City Council shall be limited as follows:
in length.
4. 7. 11.1. 1. Presentation by City staff shall not exceed 20 minutes
4.7. 11. 1.2. Presentation by appellant including petitioners and applicants who are appellants shall not exceed 20 minutes in length, including any time reserved for rebuttal or summation.
4. 7. 11. 1. 3. Presentation by an applicant who is not an appellant shall not exceed 20 minutes in length, including any time reserved for rebuttal or summation.
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4.7. 11.1.4. Presentation by City staff in response to issues raised by City Council, appellant and applicant shall not exceed 10 minutes in length.
4. 7. 11. 1. 5. Comments from any other persons shall not exceed 3 minutes in length.
4. 7. 11. 1.6. The order and time limits may be modified by action of the Mayor or majority vote of the City Council.
4.7. 11.2. The total amount of time allocated for a presentation shall include time used to respond to or to comment upon issues or facts raised by a subsequent speaker "rebuttal"). An applicant, an appellant, or City staff may request leave of the Mayor to reserve all or a portion of their time for rebuttal. The total amount of time allocated for a presentation shall not include responses to questions posed by City Council during City Council deliberations.
4.7. 11.3. These procedures set the maximum time allocated to each person or persons. Whenever feasible, presentations, comments and deliberations shall be shorter than the allocated time.
4.7. 11.4. Any person or persons whose presentation exceeds these time limits shall be ruled out of order and shall lose the floor, unless the time limit is extended by a majority vote of the City Council.
4.8. Forms of Council Action.
4.8.1. Ordinances and Resolutions. With the sole exception of emergency ordinances that take effect upon adoption, no ordinance shall be adopted by the City Council on the day of its introduction, nor within 5 days thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of introduction or adoption of an ordinance or resolution it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Councilmen present, except that emergency ordinances shall be read in full. In the event that any ordinance is altered after its introduction, the same shall not finally be adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting.
Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least 4 members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for
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payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least 5 affirmative votes.
4. 8.2. Proclamations and Letters of Recognition. Guidelines to be used for Proclamations and Letters of Recognition are the following: The request must pertain to a Santa Barbara event. The request must be submitted in writing at least three weeks in advance of the Council meeting. Only one proclamation or letter of recognition can be presented per Council meeting, with the exception of the first Tuesday of the month due to employees receiving service awards. The person making the request must be present at the Council meeting to receive the proclamation or letter of recognition. The Mayor will determine if the proposed request meets the intent of this policy and retains the right to decide if it will be issued. The Mayor retains the right to modify, edit, or otherwise amend the proposed proclamation or letter of recognition.
4. 8.3. Minute Orders. The Council may by minute order direct staff or take any other action authorized by law.
4.9. Voting.
4. 9. 1 Quorum. A majority of the Council, including the Mayor, shall constitute a quorum for the purposes of transacting City business.
4. 9.2. Tie Votes. A tie vote results in rejection of the motion or action in question.
4. 9.3. Votes Required on Specific Matters.
4.9.3. 1. General Plan and Zoning Amendments. No amendments to the City's General Plan and Zoning Ordinance shall be effective unless approved by 5 affirmative votes of the City Council.
4. 9.3.2. Franchises. Franchise shall be awarded by ordinance requiring the affirmative votes of at least 4 members of the City Council. No franchise shall be amended except upon 5 affirmative votes of the City Council.
4. 9. 3. 3. Budget. The budget and any budget amendment or supplement shall require the affirmative votes of at least a majority of the total members of the Council.
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4. 10. Minutes. The individual vote or abstention of the Mayor and each council member on any order for the payment of money, or any ordinance, resolution, or motion shall be entered in the minutes of the meeting.
4. 11. Public Participation. Any person wishing to address the City Council at a meeting should complete a "Request to Speak" form and deliver it to the City Administrator/City Clerk before or during the consideration of a matter.
The City Administrator/City Clerk will make request to speak forms available for public use at meetings and may provide for submission of requests to speak using electronic devices. A person participating in a meeting through video or telephonic means may request to speak using the "raise your hand" function according to instructions stated on the agenda. While the person's name and address is requested on the form, it need not be provided in order for a person to speak. A speaker shall not be heard during the "Public Comment" portion of the meeting on a matter scheduled before the City Council that same day.
4. 11. 1. Time and Pooling Time. No individual speaker may speak for more than 3 minutes. Persons who speak during public participation on an individual agenda item may pool their time with others when to do so will allow a group of speakers to consolidate and shorten their remarks. Persons who wish to pool their time shall so indicate on their Request to Speak. Each person who is donating time shall be present in the Council chambers to deliver the Request to Speak form and when the pooled-time speaker is heard. Time will be pooled up to a maximum of 5 minutes for any single speaker, regardless how many persons donate their time. A person may not donate only a portion of their time.
4. 12. Public Comment.
4. 12. 1. At the beginning of the 2:00 p. m. session of each regular City Council meeting, the City Council shall allow any member of the public to address them on any matter of interest that is within the subject matter jurisdiction of the City. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is not within the jurisdiction of the City.
4. 12.2. Time Limits. The total amount of time for public comment shall be 30 minutes, and no individual speaker may speak for more than 3 minutes except when the speaker requires the assistance of a translator. Speakers who have submitted a "Request to Speak" form but who cannot be heard during the initial public comment session due to the total amount of time exceeding 30 minutes, will be heard at the end of the meeting. The Mayor may set a time deadline for persons to submit "Requests to Speak" forms. The Mayor may shorten
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the time limit for individual speakers in a uniform, non-discriminatory manner if there are a large number of requests to speak.
4. 12.3. Pooling Time. Persons who speak during the public comment portion of the agenda may not pool their time with others.
4. 12.4. Council and Staff Responses. No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public comment testimony rights.
In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities.
Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
4. 13. Decorum and Rules of Conduct.
4. 13. 1. Duty to Preserve Decorum. While the Council is in session, all persons shall preserve order and decorum. Persons addressing the City Council, whether speaking during the public comment session or to an item on the agenda, shall address questions and comments to the City Council and not to members of the public or to staff. All persons shall address the City Council only after recognition and authorization by the Mayor. Any member of the public who disrupts a meeting and fails to comply with the rules of decorum and conduct after being warned by the Mayor, may be removed from the meeting room upon order by the Mayor if the person does not promptly cease the disruption.
4. 13.2. Disruption Prohibited. No person shall engage in behavior that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the Council meeting. Prohibited disruptive behavior includes but is not limited to shouting, making disruptive noises, engaging in behavior that constitutes the use offeree or that a reasonable observer would perceive to be an actual threat to use force, creating or participating in a physical disturbance, speaking out of turn or in violation of applicable rules, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public, or approaching the Council dais without consent. Individuals shall not be allowed to bring furniture into Council Chambers, or other items that might obstruct free passage within or ingress to or egress from Council Chambers, or to place any such obstructions in Council Chambers aisles or passage ways.
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4. 13.3. Electronic Devices. All electronic devices, such as phones, tablets or computers, shall be used in a silent mode so as not to disrupt the meeting with beeping, rings or other noises.
4. 13.4. Signs. No sign shall be brought into the Council Chambers or displayed unless it can be held by one person without blocking the view of the dais by other persons seated in the Council Chambers. Signs shall not be affixed to poles or sticks. No sign or other material shall be affixed to the walls of the Council Chambers.
4. 13. 5. Sergeant-at-Arms. The Chief of Police (or representative) shall act as ex-officio sergeant-at-arms of the Council. The Police Chief shall carry out all orders and instructions of the presiding officer for the purpose of maintaining order and decorum inside and outside of the Council Chambers. Persons who disrupt a Council meeting while in session are subject to arrest and prosecution.
Upon instructions of the Mayor it shall be the duty of the sergeant-at-arms or any police officer present to eject from the Council Chambers any person in the audience who disrupts the proceedings of the Council meeting.
4. 14. Quasi-Judicial Hearings.
4. 14. 1. Overview. It is the policy of the Council to avoid and discourage substantive oral communications or individualized written communications about quasi-judicial matters, except during a noticed public hearing. Written communications distributed to a majority of the Council shall be disclosed to the City Administrator/City Clerk and made public as required by the Ralph M. Brown Act. The following procedural guidelines are intended to implement this policy, but shall not be construed to create any remedy or right of action.
4. 14.2. Generally. These procedures are intended to assure that the due process rights of all persons are protected during quasi-judicial City hearings.
Quasi-judicial hearings require a higher level of procedural due process because of the potential impact on life, liberty or property. In the land use context, quasijudicial hearings typically involve a single parcel of land and apply facts and evidence in the context of existing law.
4. 14. 3. Applicability. Quasi-judicial hearing procedures will apply to the following City Council hearing matters:
to:
4. 14. 3. 1 Appeals from quasi-judicial matters, including but not limited
4. 14.3. 1. 1. Actions of the Single Family Design Board
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4. 14. 3. 1.2. Actions of the Historic Landmarks Commission
4. 14. 3. 1. 3. Actions of the Architectural Board of Review
4. 14.3. 1.4. Actions of the Planning Commission
4. 14.3. 1.5. Permits issued by the Police or other departments that implicate liberty, property or life interests
4. 14. 3. 1. 6.
vested property interest
Revocation of any permit in which the permittee has a
4. 14.4. Identification of Quasi-Judicial Matters on the Agenda. The City Administrator/City Cleri<, in conjunction with the City Attorney, will identify agenda items involving quasi-judicial decisions on the Council agenda. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the item, but failure to identify an item shall not be cause for a continuance.
4. 14. 5. Policy to Avoid Ex Parte Contacts. Ex parte contacts are substantive oral or individual written communications concerning quasi-judicial matters that occur outside of noticed public hearings. City Councilmembers should avoid and discourage ex parte contacts if at all possible.
4. 14.6. Disclosure of Ex Parte Contacts. If an ex parte contact does occur (which it might because the public has a hard time understanding that on quasi-judicial matters the Council's decision making is confined to the hearing), the Councilmember must disclose the contact and the substance of the information communicated on the record at the start of the public hearing. This disclosure allows people who may have a different point of view or contrary evidence to make their points during the hearing in response to the information you may have obtained through the ex parte contact. The disclosure might go something like this: "I was approached by the appellant last week and they told me that neighborhood traffic is much greater than the City's baseline assumptions."
4. 14.7. Ex Parte Contacts After the Hearing. Ex parte contacts after a public hearing is closed and before a final decision is rendered are prohibited because there is no opportunity for rebuttal.
4. 14.8. Hearings De Novo. Appeals to the Council shall be conducted de novo, meaning that new evidence and arguments may be presented and considered. All matters in the record before any other City board, commission or official shall be part of the record before the Council.
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4. 14.9. Burden of Proof. The applicant and appellant shall bear the burden of proof on all aspects of the action or relief they seek. The person with the burden of proof must offer evidence to the Council to support his or her position.
4. 14. 10. Rules of Evidence. Council hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Council.
4. 14. 11. Written Findings. On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or imptiedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence that has been presented and the decision that is anticipated.
4. 14. 12. Councilmembers Who Are Absent During Part of a Hearing.
A Councilmember who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched or listened to a video or radio broadcast, or video or audio recording, of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent and states for the record before voting that the Councilmember deems himself or herself to be as familiar with the record and with the evidence presented at the hearing as he or she would have been had he or she personally attended the entire hearing.
4. 14. 13. Council Use of Electronic Communication Devices During Meetings. The Council's use of electronic communication devices, such as cell phones, during a quasi-judicial City Council hearing may lead to the public's perception that a Councilmember is not paying attention to the subject matter at hand or that a Councilmember is receiving information relative to the subject matter at hand that other Councilmembers and members of the public are not receiving.
Therefore, the Council's use of electronic communication devices (including cell phones), other than for the purpose of accessing agenda materials or conducting individual research, is prohibited during quasi-judicial City Council hearings.
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4. 14. 14. Ex Parte Contacts by Staff Attorneys. Pursuant to Rule 3.5 of the California Rules of Professional Conduct, attorneys who represent the City, and City staff or contractors who happen to be attorneys but who are not engaged to represent the City, may:
4. 14. 14. 1. Contact the City Council ex parte on nonsubstantive or procedural matters (such as scheduling or other legal requirements) or
4. 14. 14.2. When acting in a neutral, non-adversarial
capacity, communicate oral or written legal advice publicly or confidentially to the City Council as allowed by state or federal law, and as consistent with statutory fair hearing rights and constitutional due process principles.
4. 14. 15. Ex Parte Contacts by Outside Attorneys. Pursuant to Rule
3. 5 of the California Rules of Professional Conduct, attorneys employed by persons doing business with the City may participate in ex parte contacts, should they occur, as provided in this rule. Any non-staff attorney who participates in an ex parte contact shall file written notification of such contact with the City Clerk, on a form prescribed by the City Attorney, no later than 2:00 p. m. the day of the City Council meeting at which the subject matter of the ex parte contact is considered.
The City Clerk shall provide a list of ex parte contact notifications to the Council before each meeting.
4. 15. Estimated Agenda Start Times for Large Groups.
The estimated time system is established to: i) minimize the amount of time that large groups would wait for City Council items; ii) recognize that estimating the duration of City Council items is imprecise and that an estimated time" should not create an unrealistic expectation that the time for taking an item is certain; and iii) avoid creating gaps in the City Council meeting flow. The estimated time system is established with the following guidelines:
4. 15. 1. An individual or group may request an estimated time for items with high public interest. High public interest means that a large group is planning to attend the meeting.
4. 15. 2. The intent of an estimated time would be to accommodate groups, not a specific individual scheduling request.
4. 15.3. When an estimated time is established, the City Council item would be scheduled for the estimated time or later, e.g., 2:30 p. m. or later
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4. 15.4. If multiple items are scheduled on an agenda for the same estimated time, the items would be taken in the order they appear on the agenda; for example, two items scheduled for 2:30 p. m. or later would be taken in the order they appear on the agenda.
4. 15. 5. Estimated time requests must be submitted to the City Administrator/City Clerk, who makes the final decision on whether to grant an estimated time request.
4. 16. Council Chambers Capacity.
Council chamber attendance is limited to the posted seating capacity. The City Administrator/City Clerk shall appropriately regulate entrance to the council chamber when the council chamber capacity is likely to be exceeded. Members of the public shall not remain standing in the seating area or aisles of the council chamber. Sitting on the floor is not permitted. The sergeant-at-arms shall enforce these procedures.
5. POWER OF CENSURE
The City Council establishes and reserves the power to censure members of the City Council who violate these procedures. The City Council may adopt supplemental procedures to govern censure proceedings upon the advice and counsel of the City Attorney
00000
RESOLUTION NO. 23-029
STATE OF CALIFORNIA )
)
COUNTi'OF SANTA BARBARA ) ss.
)
CIT«' OF SANTA BARBARA )
I HEREBY CERTIFY that the foregoing resolution was adopted by the Council of the City of Santa Barbara at a meeting held on March 14, 2023, by the following roll call vote:
AYES: Councilmembers Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Randy Rowse
NOES: None
ABSENT: None
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereto set my hand and affixed the official seal of the City of Santa Barbara __ ccti, 15, 2023.
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ig resolution on March 15, 2023.
Ran Rows
Mayor
RESOLUTION NO. 25-096
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA ADOPTING AMENDED GUIDELINES
FOR CITY OF SANTA BARBARA ADVISORY GROUPS AND
RESCINDING RESOLUTION NO. 24-021
WHEREAS, New Guidelines for City of Santa Barbara Advisory Groups were adopted on March 12, 2024, rescinding the original Guidelines for Advisory Groups that were adopted on February 12, 2013, to govern the conduct of City of Santa Barbara Advisory Group meetings; and
WHEREAS, revised guidelines are necessary to reflect changes to the relevant laws, regulations, and City policy.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:
1. The Guidelines for City of Santa Barbara Advisory Groups attached hereto as Exhibit A and incorporated herein by this reference are hereby adopted.
ATTACHMENT 4
GUIDELINES
FOR THE
CITY OF SANTA BARBARA
ADVISORY GROUPS
APPROVED BY THE CITY COUNCIL
Resolution No.
Adopted_
Prepared by the Santa Barbara City Clerk's Office
EXHIBIT A
CITY OF SANTA BARBARA ADVISORY GROUPS
BACKGROUND INFORMATION
Section 800 of the City of Santa Barbara Charter authorizes the establishment of City boards and commissions:
"There shall be the following named advisory boards and commissions which shall have the powers and duties herein stated. In addition, the City Council may create by ordinance such additional advisory boards or commissions as in its judgment are required, and may specify the number of members thereof, their terms and manner of appointment, and may grant to them such powers and duties as are consistent with the provisions of this Charter."
Charter Boards and Commissions
Article VIII of the City Charter establishes the following 11 boards and commissions:
Airport Commission
Architectural Board of Review
Civil Service Commissioners, Board of
Fire and Police Commissioners, Board of
Fire and Police Pension Commissioners, BoaFd of
Harbor Commissioners, Board of
Historic Landmarks Commission
Library Board
Parks and Recreation Commission
Planning Commission
Water Commissioners, Board of
Except as provided in the City Charter, all Charter board and commission members must be qualified to vote in the City of Santa Barbara.
Article VIII also contains provisions regarding the manner of appointment, removal from office, number and terms of members, meetings, and the powers and duties of each board and commission. These guidelines supplement the recruitment and appointment procedures specified in the City Charter. Those boards and commissions specifically established in the Charter may be eliminated only by amendment to the Charter, which must be approved by the voters.
Guidelines for the City of Santa Barbara Advisory Groups Page 1 Other City Council Advisory Groups
All City Council Advisory Groups not specified in the City Charter are established by the City Council by ordinance, resolution, or minute action. Some City Council Advisory Groups are formed for a specific purpose and cease to exist when their goals have been accomplished.
Other Appointments
The City makes appointments to groups created by State law, such as: the Housing Authority Commission; the Mosquito and Vector Management District of Santa Barbara County; and the Santa Barbara Metropolitan Transit District Board of Directors. The Housing Authority Commission membership may include two non-City residents. The City also appoints one member to the Central Coast Commission for Senior Citizens.
The Housing Authority Commission, the Mosquito and Vector Management District Board of Santa Barbara County, the Santa Barbara Metropolitan Transit Board, the County Library Advisory Committee, the Golf Advisory Committee, the Integrated Pest Management Advisory Committee, the Santa Barbara Arts and Crafts Show Advisory Committee, the Street Tree Advisory Committee, and the Central Coast Commission for Senior Citizens are not advisory to the City Council; and their members may serve on a group that is advisory to the City Council. These groups are included in these Guidelines since the application, appointment, conflict of interest, Brown Act, and parliamentary procedure policies apply to them.
Guidelines for the City of Santa Barbara Advisory Groups Page2
ROLE OF CITY ADVISORY GROUPS IN POLICY-MAKING
Role of Boards, Commissions, and Committees
In keeping with the City's philosophy of community member involvement, the City Council appoints persons to City Council Advisory Groups to assist in formulating City policy. Santa Barbara is proud of the quality of service performed by its appointees.
In accordance with Section 800 of the Charter of the City of Santa Barbara, the actions of Charter-established boards and commissions are advisory to the City Council, with a few limited exceptions specifically set forth in the Charter.
City of Santa Barbara Resolution No. 7885 regarding recommendations from Advisory Groups to government agencies (adopted April 16, 1974), states that board and commission recommendations on matters which come before their respective bodies should be forwarded to the City Council for review since those recommendations are advisory to the City Council. The resolution states that:
"Generally, when any board or commission requests that its recommendations be forwarded to another governmental agency: (1) that the recommendation be sent first to the City Council with a request that it be forwarded with or without comment by the City Council; and (2) that except in the most extraordinary circumstances the City Council shall forward such recommendation and, in its discretion, forward it with or without comment."
Advisory Groups shall not have standing committees unless formed by City Council as required, excepting those formed before July 1, 2023.
This document shall override any information specific to each Advisory Group.
Serving in Advisory Capacity
Members are responsible for attending all meetings regularly, understanding the duties of their positions, adhering to the Citywide Nondiscrimination Policy and Excellence in Customer Service Code of Conduct, and working in a manner that will contribute to the betterment of Santa Barbara. Members are expected to act in a professional manner, extending courtesy to appointees, staff, and participants in the board process.
Guidelines for the City of Santa Barbara Advisory Groups Page3
SOURCES OF INFORMATION
To learn about the roles and responsibilities of the Advisory Groups, a variety of resources are available in the City Clerk's Office and on the C!ty's website.
Charter of the City of Santa Barbara
The City is governed by the provisions of its Charter, which were approved by the voters of the City of Santa Barbara. The California Constitution creates two types of cities: general law cities and charter cities. Charter cities are governed by the provisions of their own adopted Charter unless the State of California has stated specifically that State laws have preempted an area of regulation. Generally, charter cities have more local authority over areas that traditionally have been considered "local" or municipal affairs, for example, zoning or local taxes.
Ordinances - Santa Barbara Municipal Code
The Santa Barbara Municipal Code is a compilation of all codified ordinances, which are the laws of the City. Copies of City ordinances - old and current - are available in the City Clerk's Office as well as on the City website. In addition, certain ordinances, generally those with a specific, limited, or temporary purpose, are not codified. These "uncodified" ordinances also are available by contacting the City Clerk's Office.
Resolutions
Resolutions constitute a written action or decision by the City Council. Copies of the resolutions, which create certain committees, set forth policy, establish membership, etc., are available by contacting the City Clerk's Office as well as on the City website.
Minutes - Official Record
The City Clerk's Office maintains the official minutes of actions taken by the City Council since 1850. Reports presented to the City Council by the City Advisory Groups are available in the City Clerk's Office. The City Staff Liaison to each group is responsible for maintaining the original minutes of meetings of the City Advisory Group. Minutes shall be prepared as action minutes unless otherwise directed by the City Attorney.
Agendas
City staff shall be responsible for establishing the agenda, in consultation with the Chair and Vice-chair. Each item of business to be considered at a regular meeting must appear on the agenda for that meeting, except as provided in these procedures or under State law. The agenda shall include a brief general description of each item of business to be transacted or discussed. The description should reasonably inform the public as to the nature of the item and any potential action.
The current agendas of the City Advisory Groups are available on the City's website at www.SantaBarbaraCa.gov and are generally posted at the location where each City Advisory Group regularly meets.
Guidelines for the City of Santa Barbara Advisory Groups Page4
VACANCIES
There are two kinds of City Advisory Group vacancies: scheduled and unscheduled.
Scheduled Vacancies
Scheduled vacancies are those created by the expiration of the member's term. Terms typically end either on June 30 or on December 31 of staggered years.
In accordance with State law, a list of all scheduled vacancies for the upcoming calendar year is posted in the City Clerk's Office, the City website, and at the Central Library on or before December 31 of each year.
Unscheduled Vacancies
Unscheduled vacancies are those created when a member cannot serve out their entire term due to resignation, removal, or death.
A City Advisory Group member is subject to removal by a motion of the City Council adopted by the affirmative votes of a majority of the total membership of the City Council.
In accordance with state law, a special vacancy notice must be posted in the City Clerk's Office and at the Central Library not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointments to the City Advisory Group will not be made for at least 10 working days after the posting of the special vacancy notice in the City Clerk's Office.
Resignations
If a City Advisory Group member finds that they cannot perform the duties of the office because of health, business, or other reasons, they shall submit a written resignation to the City Council in care of the City Clerk's Office for action.
A member who is required to be a City resident and who relocates their residence outside of the City shall immediately notify the City Clerk's Office and resign from the board, commission, or committee.
Guidelines for the City of Santa Barbara Advisory Groups Page5
RECRUITMENT PROCESS
Recruitments
Recruitment cycles are conducted in the Spring and Fall of each year to fill numerous positions whose terms expire on June 30 of the current year, December 31 of the current year, as well as previously unfilled positions. Additional recruitments may occur during the year, for example, to fill positions on a newly created Advisory Group, or to add sufficient members on an Advisory Group for a quorum and when unexpected vacancies occur.
As a part of the recruitment process, City Council, by way of action, determines the recruitment schedule for each cycle. The City Clerk's Office then notifies each incumbent as well as interested persons, about the term expirations and vacancies, the deadline for receipt of applications, and the dates for the interviews and appointments. Recruitment schedules will also be posted on the City website.
Eligibility
Qualifications for membership vary depending on the City Advisory Group. In most cases, appointees must be residents and qualified electors of the City, and remain qualified electors during their term of office. A qualified elector of the City is a United States citizen, 18 years of age or older, who resides within the city limits of Santa Barbara and is eligible to vote. Unless otherwise stated, a public at-large member is a resident living within the city limits of Santa Barbara. All applicants and appointees may not hold any paid office or employment with the City of Santa Barbara.
Membership qualifications are listed in the vacancy notices available in the City Clerk's Office, at the Central Library, and on the City's website at www.SantaBarbaraCa.gov.
Applications
Persons interested in serving on a City Council Advisory Group, including incumbents who wish to be considered for reappointment, must file an application and, if applying to more than one position, list all of the Advisory Groups they are interested in being appointed to, in order of preference, with the City Clerk's Office. Applications may be found on the City's website at https://santabarbaraca.gov/government/boards-commissions. Upon receipt of an application, the City Clerk's Office will confirm receipt via e-mail.
Applications may be completed for vacancies that currently exist or for consideration when future scheduled or unscheduled vacancies occur. An application remains on file in the City Clerk's Office for a period of one-year from the date of receipt unless the applicant requests in writing that it be withdrawn from appointment consideration.
All applications submitted to the City Clerk's Office will be distributed to City Staff and as well as to the City Council for review. Additionally, submitted applications are considered public records and are subject for production if requested, per Government Code § 7920.530.
Guidelines for the City of Santa Barbara Advisory Groups Page6 Interviews
All applicants, including current Advisory Group members applying for reappointment, are required to be interviewed for the position they are seeking appointments for. The City Council interviews each applicant during a Council meeting open to the public. Each applicant is requested to prepare a two-to-three-minute verbal presentation that responds to a set of general and specific questions that are provided to the applicant by the City Clerk's Office in advance. An overall time limit of five minutes for the interview is allotted if the person is applying for more than one group.
City Council may also, upon majority consensus, change the format of how to conduct interviews during specific recruitment cycles, such as virtual interviews in lieu of in-person. The City Clerk's Office will notify all applicants of the date(s) and time(s) for the interviews, as well as of any changes made by Council to this process, via email.
During their interview, applicants may express the desire to be appointed to a group other than that to which they have applied to for the Council's consideration. If the applicant is qualified, the applicant's name will be added to the list of persons eligible for appointment. Alternatively, in an effort to fill all vacancies, the Council may ask applicants to determine if they are eligible and are interested in being appointed to a group other than that to which the applicant has applied and interviewed. With the applicant's approval, the applicant's name will be added to the list of persons eligible for appointment.
Names of applicants failing to appear for an interview will be removed from the list of persons eligible for appointment unless a majority of the City Council votes to include the applicant for consideration.
Guidelines for the City of Santa Barbara Advisory Groups Page?
APPOINTMENT PROCESS
Appointments
After interviewing the applicants, the City Council makes appointments by majority vote in open session. In making these appointments, the Council is guided by the City's commitment to Inclusion, Diversity, Equity, and Accessibility (IDEA) organizational values. The appointees are notified of the Council's decision by email. A list of the appointments is posted to the City's website at www.SantaBarbaraCA.gov in addition to all of the applicable Advisory Group rosters being updated.
Equal Opportunity Goals
The City Council has established a policy for the appointment process of members to the City's various Advispry Groups. This process includes community-wide distribution of information including the number of vacancies and length of term, a full description of the purposes of the City Council Advisory Group, meeting times, deadline for applying, and the appointment process.
In making appointments, the City Council is guided by the City's commitment to nondiscriminatory employment practices and its intention to "serve as a model for equal opportunity through its prerogative of commission and board appointments." (Resolution No. 8022, adopted March 18, 1975)
The City Council and staff are committed to equal opportunity without discrimination or harassment. The City maintains its commitment to equality in the conduct of City business and encourages applications from all qualified candidates. The City of Santa Barbara prohibits any policy, plan, program, custom or practice which has a discriminatory effect related to race, creed, color, national origin, ancestry, sex, political affiliation, religious belief, disability (mental and physical, including HIV and AIDS), medical condition (cancer and genetic characteristics) sexual orientation, gender identity and expression (including transgenderism) marital status or age. This policy applies not only to members of all Advisory Groups, citizen volunteers, City Council, City employees, and to those who do business with or who seek to do business with the City of Santa Barbara.
Guidelines for the City of Santa Barbara Advisory Groups Page8 Diversity, Equity, Inclusion and Accessibility
The City of Santa Barbara is a welcoming, diverse community where every person can thrive. We actively seek out and strive to understand all perspectives, beliefs and values as well as encourage engagement from all people in decisions affecting them. We recognize all people for their contributions and accomplishments.
Diversity, Equity, Inclusion and Accessibility are important to the City because a thriving workplace must not only be comprised of people from different backgrounds and perspectives but also recognize their varied contributions and accomplishments. Committing to practices that value and include diversity at all levels of the organization is an essential step to developing strategies that meet the needs of a diverse community.
Serving On More than One City Council Advisory Group
While we recognize the wealth of expertise available in our community, it is the City Council's preference that people serve on just one board, commission, or committee that is advisory to the City Council. The exception is in the case of the City Council Advisory Groups that are created for a limited term and purpose, and that require a limited time commitment from their members or meet infrequently. This does not include those members serving on a board, commission, or committee that is not advisory to the City Council such as the Housing Authority Commission, Santa Barbara Metropolitan Transit Board, Mosquito and Vector Management District Board of Santa Barbara County, and the Central Coast Commission for Senior Citizens. In furtherance of this policy, the City Council may ask an applicant who is a current member of a City Advisory Group to resign from that position as a condition of appointment to another Advisory Group.
Term of Appointment
Terms of office for the City Council Advisory Groups are generally four years, with different term lengths for some Groups. The terms are staggered so that all terms do not expire in any one year. Upon the expiration of a term, members can continue to serve until their successors are appointed and qualified to assist in avoiding quorum issues. As previously stated, if a member resigns before the expiration of a term, their replacement serves out the remainder of that term.
Successive Terms of Members of Boards, Commissions, and Committees It is the policy of the City Council that wide community participation be sought in affairs of municipal government and that membership on the City Council Advisory Groups be open, insofar as is practicable, to all competent and interested persons who meet the stated qualifications.
Pursuant to that policy, no member of an advisory group shall serve for longer than two consecutive full terms, consisting of an uninterrupted period of eight years. If the Council finds that a particular member of an Advisory Group has unique qualifications that are of special benefit to the City, then said member may be reappointed to the same Advisory Group (Resolution No. 06-093, adopted November 14, 2006).
Members of boards and commissions not advisory to the City Council, such as the Central Coast Commission for Senior Citizens, the Housing Authority Commission, the Mosquito and Vector Management District of Santa Barbara County, and the Santa Barbara Metropolitan Transit Board, shall comply with the term limits specified in the law establishing that board or commission.
Guidelines for the City of Santa Barbara Advisory Groups Page9 Oath of Office
Article XX, Section 3, of the Constitution of the State of California requires that an oath of office be administered. After appointments are made, staff administers a written oath in the City Clerk's Office, or by a Notary Public. Oaths must be taken before the newly appointed or reappointed member participates in their first Advisory Group meeting after their term becomes effective. Advisory Group staff are also deputized by the City Clerk Services Manager to be able to swear in newly appointed or reappointed members that were unable to be sworn in at the City Clerk's Office before participating at their first meeting of their new term.
Orientation Process
Each department conducts an orientation session for its City Council Advisory Group(s) and distributes a reference manual to new City Council Advisory Group appointees.
Advisory Group Membership List (Roster)
The names of the members of all City Council Advisory Groups are listed in the "City of Santa Barbara Advisory Group Membership List" and is maintained by the City Clerk's Office.
The Roster for each Advisory Group is also available on the webpage created for each specific Advisory Group on the City's web site at www.SantaBarbaraCA.gov.
Compensation
Most members of the Council-appointed City Advisory Groups receive no payment, however, there are some Advisory Groups that do receive a stipend. Compensation information can be found on the webpage created for each specific Advisory Group on the City's web site at www .SantaBarbaraCA.gov.
Council Liaisons
A City Councilmember is usually appointed as a liaison to each City Council Advisory Group in January of each year. Councilmember liaisons may attend meetings and participate in the proceedings, but Councilmember liaisons are not voting members of the Advisory Group.
Councilmember liaisons may provide a verbal report of the proceedings to the full Council during a regular City Council meeting.
Advisory Group members shall not be appointed to act as liaisons to other Advisory Groups unless appointed by Council.
Guidelines for the City of Santa Barbara Advisory Groups Page 10
CONFLICT OF INTEREST - STATEMENTS OF ECONOMIC INTERESTS Purpose
The Political Reform Act of 1974 (Government Code Sections 81000, et seq.), which was approved by the voters of the State of California, is intended to prevent conflicts of interest by requiring public officials to disclose certain personal financial interests, which could foreseeably cause conflicts, by filing a Statement of Economic Interests (more commonly referred to as the "Form 700"). In addition, a public official may be required to disqualify themself from making, participating in, or attempting to influence any government decision which will affect any of their financial interests, not just those that are required to be disclosed.
For more information, the Fair Political Practices Commission (FPPC) Office is available at their toll-free telephone number (866-275-3772) and at www.fppc.ca.gov. The City Clerk's Office and the City's website at www.SantaBarbaraCA.gov also provide conflict of interest information.
Public Inspection
The City Clerk's Office provides the necessary information needed by designated filers to complete their Statement of Economic Interests forms (Form 700). Forms are filed either electronically, or hard copy originals are filed with the City Clerk's Office. Statements of Planning Commissioners, Mayor and City Councilmembers, the City Administrator, the City Attorney, and the Finance Director are filed directly with the Fair Political Practices Commission.
The original hard-copy statements that are filed with the City Clerk's Office are retained for seven years, after which time they may be properly destroyed (Government Code Section 81009). All such forms are open for public inspection and copies can be requested at 10 cents per page, or, if the forms are 5 years or older, a retrieval fee of $5.00 per request will apply (Government Code Section 81008). Copies of the statements from filers that file directly with the FPPC can be inspected on their website at https://fppc.ca.gov/transparency/form-700-filedby-public-officials/form700-search.html.
Filers
The Political Reform Act of 1974 also requires agencies to adopt a Conflict of Interest Code listing all designated filers for a specific agency. The Conflict of Interest Code is reviewed and updated with necessary changes, such as adding or removing designated filers, biennially on evennumbered years. The Conflict of Interest Code for the City of Santa Barbara is adopted via Council Resolution.
A list of designated filers, including members of the Advisory Groups that are required to file a Statement of Economic Interest, can be found at the following website by reviewing the City's current Conflict of Interest Code Resolution: https://santabarbaraca.qov/government/prioritiespolicies/qovernment-transparency.
Guidelines for the City of Santa Barbara Advisory Groups Page 11 Type of Statements
Statements of Economic Interest (Form 700) must be filed :
• Within 30 days of assuming office;
• Annually no later than April 1st of each year for the reporting period of January 1 through December 31 from the previous year, each year the position is held; and • Within 30 days after leaving the designated position.
The City Clerk's Office will provide all designated filers the necessary information on how to complete their filing requirements.
Late Filing, Non-Filing, and Fine Provisions
In addition to the late filing, non-filing, and fine provisions contained in the Political Reform Act, the following will apply:
Late Filings
The City Council Advisory Group members who fail to file statements within 30 days of the statutory deadline will not be allowed to participate in meetings of the Advisory Group to which they have been appointed until the statement is filed.
Non-Filings
The City Council Advisory Group members who fail to file statements within 60 days of the statutory deadline will be subject to removal from the Advisory Group to which they have been appointed by motion of the City Council, adopted by the affirmative votes of a majority of the total membership of the City Council.
The fines assessed to the City Council Advisory Group members are due and payable within 30 days of receiving specific written notice of the fine unless prior written arrangements are agreed to by the City Clerk's Office and met by the City Council Advisory Group member; and they will not be allowed to participate in meetings of the Advisory Group to which they have been appointed until the fine is paid to the City Clerk's Office.
Unpaid Fines
The City Council Advisory Group members who do not pay their fines within 30 days of receiving specific written notice will be subject to removal from the Advisory Group to which they have been appointed by motion of the City Council, adopted by the affirmative votes of a majority of the total membership of the City Council.
Guidelines for the City of Santa Barbara Advisory Groups Page 12 AB 1234 ETHICS TRAINING
Assembly Bill 1234 (2005) requires that if a local agency provides any type of compensation, salary, or stipend to, or reimburses the expenses of a member of its 'legislative body' (as that term is defined in California Government Code Section 54952), that local agency's officials must receive training in ethics. The training must encompass both general ethics principles, as well as a summary of specific laws concerning conflicts of interests, rules and limitations on gifts, and government transparency. The initial training must be completed no later than one year after the first day of service; and then the training course must be completed once every two years thereafter. The official training sessions must last a minimum of two hours.
In addition to the State mandate, the City of Santa Barbara requires that members of certain City Council Advisory Groups must also take AB 1234 training because their roles may involve making decisions that impact individuals' or businesses' financial or real property interests, or they may be involved in approving leases, contracts or other City budgetary decisions. The FPPC (https://fppc.ca.gov/learn/training-and-outreach/t-o-public-officials.html); the California Institute of Local Government (https://www.ca-ilg.org/ethics-education-ab-1234-traininq); and the Office of the Attorney General (https://oaq.ca.gov/ethics) contain valuable information on their websites regarding the AB 1234 Ethics Training requirement.
A list of the Advisory Groups required to take the AB 1234 training can be found at the following website by reviewing the City's current Conflict of Interest Code Resolution:
https://santabarbaraca.gov/government/priorities-policies/government-transparency. The City of Santa Barbara asks that Advisory Group members complete their Ethics Training within one year after the member is initially appointed to their position, and every two years thereafter while the member still holds their position, in accordance with the law.
Although only certain City Council Advisory Groups are required to fulfill this requirement (including submitting a certificate of completion to the City Clerk's Office), it is recommended that all City Council Advisory Group Members complete the training at least once after appointment.
The City Clerk's Office will provide all designated members the necessary information on how to complete their AB 1234 Ethics Training requirement.
Guidelines for the City of Santa Barbara Advisory Groups Page 13
BROWN ACT COMPLIANCE
Purpose
The Ralph M. Brown Act was enacted in 1953 to assure that government action is taken openly. It is also known as the "California Open Meetings Law." (Government Code Sections 54950, et seq.)
Provisions
All meetings of City Advisory Groups are subject to the Brown Act, are to be open and public, and all persons are to be permitted to attend any meeting.
Agenda
A written agenda must be prepared for each regular or special meeting of every legislative body. The agenda must contain a brief general description of each item of business to be transacted or discussed at the meeting and must specify the time and location of the meeting. No action shall be taken on any item not appearing on the posted agenda.
Posting of Agenda
The agenda must be posted at the location where the meeting will be taking place at least 72 hours before a regular meeting, or at least 24 hours before a special meeting, and must be posted in a location that is freely accessible to members of the public 24 hours per day.
Agendas and Written Materials as Public Records
The Brown Act provides that agendas of a public meeting of the legislative body, as well as any other "writings" currently defined by law as public records, must be available for inspection when distributed to all, or a majority of all, of the members of the legislative body. Such documents are required to be available for inspection at the same time that they are distributed to the members of the body. If the material is distributed during the meeting and prepared by the City, it must be made available for public inspection at the meeting. If it is distributed during the meeting by anyone else, it will be made available by City staff for public inspection after the meeting. In addition, copies of such documents must be made available to the public by request without delay pursuant to the California Public Records Act.
Regular Meetings
Legislative bodies must set a date, time, and place for holding regular meetings.
Guidelines for the City of Santa Barbara Advisory Groups Page 14 Special Meetings
The Brown Act permits special meetings to be called at any time either by the presiding officer or a majority of the members of a legislative body. The meeting can be called by delivering personally, or by any other means, written notice to each member of the legislative body, as well as to each local newspaper of general circulation, radio, and/or television station requesting notice.
The notice must be received at least 24 hours before the time of the meeting set forth in the notice.
Notice is not required for those members of the legislative body who have waived it or who attend the meeting despite the absence of formal notice. Notice is required even if no action is taken at the special meeting. The signatures of the Advisory Group body may be obtained, or other proof of service may be prepared to serve as proof that an agenda was received in a timely fashion.
The notice must also be physically posted at least 24 hours before the time of the meeting at the location where the meeting will be taking place, as well as in a location which is freely accessible to the public 24 hours per day. The notice must include the time and place of the meeting and identify the business to be transacted at the special meeting. Only the business set forth in the notice may be considered at the special meeting.
Adiourned Meetings
Regular or special meetings may be adjourned (continued) to a specific time and place (within the City limits unless it meets a certain exception). Less than a quorum can adjourn a meeting. A notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment provided that if the matter is continued to a time less than 24 hours after the adjournment, a copy of the order shall be posted immediately following the meeting at which the order or declaration of continuance was made.
Emergency Meetings
An exception to the 24-hour notice requirement for special meetings is allowed in the case of a public emergency situation involving matters that require prompt action due to the disruption or threatened disruption of public facilities. (Government Code Section 54956.5) The applicability under the Brown Act of such emergency situations shall be determined exclusively by the City Attorney's Office.
Quorum
Unless otherwise specified by the City Charter, an ordinance, or a resolution of the City Council, a majority of the members shall constitute a quorum (e.g. seven members on the Advisory Group, four members present at a meeting constitutes a quorum or majority).
Guidelines for the City of Santa Barbara Advisory Groups Page 15 Public Comment
Members of the public shall be given the opportunity to directly address the legislative body concerning any item that has been described in the agenda for the meeting (Government Code Section 54954.3[a]). Additionally, every agenda for regular meetings shall provide an opportunity for members of the public to address the legislative body directly on items of interest to the public that are within the jurisdiction of the legislative body provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by the Brown Act. Public comment can also be limited to only matters listed on special meeting agendas.
Guidelines for the City of Santa Barbara Advisory Groups Page 16
PARLIAMENTARY PROCEDURE
Rosenberg's Rules of Order
All City Council Advisory Groups appointed by the City Council shall conduct their meetings in accordance with Rosenberg's Rules of Order, which may be found at: rosenberq's-rules-oforder-simple-parliamentary-procedures-for-the-21 st-century. pdf ( cal cities .org).
Bylaws
In limited circumstances, approved by the City Administrator and City Attorney, the City Council Advisory Groups may develop guidelines or rules and regulations, i.e., bylaws, provided that the bylaws are within the City Council Advisory Group's powers and duties established by the City Council and are consistent with the requirements of these Guidelines. The bylaws shall include the regular meeting day, time, and place of meeting. A City Council Advisory Group's bylaws are subject to approval by Resolution of the City Council.
Guidelines for the City of Santa Barbara Advisory Groups Page 17
CODE OF CONDUCT
Purpose
The City has adopted an Excellence in Customer Service Code of Conduct to guide appointed members of Boards and Commissions, City employees and its volunteers on the core values that the City expects when conducting city business. The primary purpose for establishing a Code of Conduct is to affirm that Council Advisory Group members are independent, impartial and fair in their judgment and actions, and to ensure that all process participants are treated courteously and respectfully. Advisory group members are considered public officials and must obey all state conflict of interest laws, including the state Political Reform Act 1974. The City has developed additional comportment procedures and adopted policies for appointed advisory board members to follow to help avoid situations that may cause the appearance of a conflict. The following City policies apply:
1. Contact with Individual Advisory Board or Commission Member Outside a Noticed Public Meeting (Ex Parte Communications).
The City recommends that advisory appointees not communicate with applicants or other interested persons about pending projects outside a properly agendized meeting. This recommendation extends to communicating by telephone, email, and in-person meetings.
The City believes that such communications can give the appearance of improper influence on an Advisory Group member, can be an inordinate burden on the member's personal time, and can expose the City to allegations that the Brown Act has possibly been violated.
2. Disqualification for Potential Conflict of Interest (Recusal).
Any Advisory Group member who may be disqualified from participating in a City decision (such as by voting on a particular matter) by reason of a potential conflict of interest under the state Political Reform Act of 197 4 shall, immediately prior to consideration of the item at a public meeting, do all of the following:
1. Identify the nature of the possible financial interest that gives rise to the conflict of interest in detail sufficient for the public to understand the conflict (disclosure of an actual street address is not required);
2. Recuse themselves from discussing or voting; and
3. Leave the meeting room until after the discussion, vote, or other disposition of or decision on the item, unless the matter has been placed on the consent calendar of uncontested matters. An Advisory Group member stating such disqualification shall not be counted as a part of a necessary quorum and shall be considered to be absent for the purpose of determining the outcome of any vote on such matter.
Guidelines for the City of Santa Barbara Advisory Groups Page 18
2. Disqualification for Potential Conflict of Interest (Recusal) (cont'd).
A primary form of conflict-of-interest disqualification is one involving a potential "material financial interest" where non-participation in the City decision is legally mandated under the state Political Reform Act. However, in some instances, potential conflicts not regulated by the state Political Reform Act, (such as a board member with a familial, personal, or prior business relationship with the applicant) can be perceived as the appearance of an improper conflict of interest or as a potential for the public official to be biased (i.e., either for or against) a particular applicant. The City believes that it is a good ethical practice to avoid even the appearance of a conflict or impropriety in these situations as well by stepping down and abstaining in a manner similar to that required by the state Political Reform Act of 1974 and the FPPC regulations interpreting that Act. Applicants are responsible for seeking advice regarding potential conflicts of interest.
3. Abstention on Continued Items.
Abstention procedures are established to ensure fair project reviews while maintaining consistent direction on projects from Advisory Groups. An Advisory Group member who was absent from a previous review meeting should only comment on a continued project if the member has subsequently thoroughly informed themselves of the previous board discussion and direction. A member may inform themselves of the prior discussion by reviewing the submitted plans, reading the minutes of the relevant portions of the missed meeting(s), or viewing the video(s) of the previous hearing(s). The amount of review necessary in order for a board member to properly inform themself of the prior discussion is a personal judgment and will depend upon the nature and complexity of the application and project under review. If an Advisory Group member has not fully informed themselves of what occurred during the prior reviews, the member should generally abstain from commenting, conditioning, or participating in the vote on the project. The member who decides to abstain due to a prior absence shall publicly state on the record the reason for the abstention immediately prior to the hearing of agenda item.
If a member abstains from participating in a review and a vote because the member missed a prior meeting, but remains present for the discussion and vote, the member's presence counts toward the quorum.
4. Failure to vote.
Every Advisory Group member should vote unless disqualified by reason of a conflict of interest as described herein. A member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. Advisory Group members should review all matters fairly and objectively
Guidelines for the City of Santa Barbara Advisory Groups Page 19
5. Attendance.
In order to conduct efficient meetings, best serve the public's interest, and to avoid the loss of a quorum, regular attendance by all members is necessary. If an Advisory Group member cannot attend a scheduled meeting or must step down from a particular item due to conflict of interest, or will need to leave the meeting early, the member is asked to contact City staff at the earliest possible opportunity prior to the meeting date. The purpose for this staff notification is to ensure a minimum quorum of members is maintained for review of all items. Advisory Group members should stay for the duration of the meetings, in fairness to all applicants scheduled for that meeting.
6. Attempting to Influence a Governmental Decision.
The state Fair Political Practices Commission (FPPC) provides guidance on the requirements of the State's Political Reform Act of 1974 and State regulations, and interpretations implementing the Political Reform Act which provide for some very narrow exceptions to the general rule that a member may not attempt to influence a governmental decision by participating in a decision when there is a conflict of interest. Advisory Group members are advised to consult the FPPC prior to taking any action which may implicate or pertain to possible state conflict of interest and disqualification requirements and may consult with the City Attorney's Office in order to receive assistance in doing so.
Guidelines for the City of Santa Barbara Advisory Groups Page 20
EXHIBIT A
STATEMENT TO BE READ BY DESIGN REVIEW BOARD CHAIR WHEN A MEMBER OF THAT
BOARD WILL BE MAKING A PRESENTATION -TO BE READ IMMEDIATELY AFTER THE AGENDA ITEM IS CALLED AND TO BE PRINTED ON THE AGENDAS.
The State Political Reform Act's conflict of interest provisions are intended to ensure that local public officials will perform their duties in an impartial manner, free from bias caused by their own financial interest. As a result, the Political Reform Act prohibits local public officials from "making, participating in making, or using their official position to influence a governmental decision in which they may have a financial interest."
When a governmental decision is being made by the same board to which a local public official has been appointed, the official is attempting to use their official position to influence the decision of their own board if the official contacts other appointees or city employees in order to discuss the possible decision and does so in a manner which appears to be an attempt to influence the decision. Generally, such an official is also attempting to use their official position to influence a decision if they appear before their own board.
However, a narrow exception to these conflict provisions allow a local public official who is an architect, engineer, or similar design professional to make a presentation to their own board if the following limited circumstances apply:
a. The official is only presenting drawings or submissions of an architectural, engineering, or similar nature which the official themself has prepared for a client and they only explain the drawings or responds to questions about the drawings and only so long as the official does not advocate any specific board decision or otherwise attempt to influence or "participate" in a board decision related to the drawings and the official's client; b. The board qualifies as a "design review committee" as that term is used by Title 2, California Code of Regulations, section 18702.4, subparagraph (b )(5), (and the opinions and decisions of the state Fair Political Practices Commission) such as the Santa Barbara ABR, HLC, or the SFDB.
c. The official is an architect, engineer, or a person in a related profession and he or she was appointed to the board to fulfill a legal requirement that the board contain an architect, engineer, or other similar professional in a related profession. d. The official is a "sole practitioner," as that term is defined by Title 2, California Code of Regulations section 18702.4 (and in the opinions and decisions of the state Fair Political Practices Commission).
Guidelines for the City of Santa Barbara Advisory Groups Page 21
ACKNOWLEDGMENT OF RECEIPT OF GUIDELINES
This is to acknowledge that I have received a copy of the GUIDELINES FOR THE CITY OF SANTA BARBARA ADVISORY GROUPS, approved by the City Council on __ , and understand that it contains important information on the City's rules and regulations, and on my obligations and responsibilities as an Advisory Group member. I acknowledge that I am expected to read, understand, and adhere to City policies, and will familiarize myself with the provisions in the Guidelines. I understand that I am governed by the provisions in the Guidelines; and that the City may change, rescind or add to any policies or practices declared in the Guidelines from time to time in its sole and absolute discretion with or without prior notice. The City will advise Advisory Group members of substantive changes within a reasonable time.
Appointee's Signature Date
Appointee's Name (Typed or Printed)
This document shall be signed by the member and placed in the City Clerk's file.
RESOLUTION NO. 25-096
STATE OF CALIFORNIA )
)
COUNTY OF SANTA BARBARA ) ss.
)
CITY OF SANTA BARBARA )
I HEREBY CERTIFY that the foregoing resolution was adopted by the Council of the City of Santa Barbara at a meeting held on September 9, 2025, by the following roll call vote:
AYES: Councilmembers Eric Friedman, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Wendy Santamaria, Kristen W. Sneddon; Mayor Randy Rowse
NOES: None
ABSENT: None
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereto set my hand and affixed the official seal of the City of Santa Barbara on September 9, 2025.