march 7, 2017 agenda - santa...

CITY OF SANTA BARBARA CITY COUNCIL

Helene Schneider Mayor

Paul Casey

City Administrator Jason Dominguez

Mayor Pro Tempore Randy Rowse Ordinance Committee Chair

Ariel Pierre Calonne City Attorney

Gregg Hart Finance Committee Chair

Frank Hotchkiss Cathy Murillo Bendy White

City Hall 735 Anacapa Street

http://www.SantaBarbaraCA.gov

MARCH 7, 2017

AGENDA ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:30 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chamber at City Hall. REPORTS: Copies of the reports relating to agenda items are available for review in the City Clerk's Office, at the Central Library, and http://www.SantaBarbaraCA.gov. 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") for that item from either the Clerk's Office, the Reference Desk at the City's Main Library, or online at the City's website (http://www.SantaBarbaraCA.gov). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office located at City Hall, 735 Anacapa Street, Santa Barbara, CA 93101, during normal business hours. PUBLIC COMMENT: At the beginning of the 2:00 p.m. session of each regular City Council meeting, and at the beginning of each special City Council meeting, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a “Request to Speak” form prior to the time that public comment is taken up by the City Council. Should City Council business continue into the evening session of a regular City Council meeting at 6:00 p.m., the City Council will allow any member of the public who did not address them during the 2:00 p.m. session to do so. The total amount of time for public comments will be 15 minutes, and no individual speaker may speak for more than 1 minute. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction. REQUEST TO SPEAK: A member of the public may address the Finance or Ordinance Committee or City Council regarding any scheduled agenda item. Any person wishing to make such address should first complete and deliver a “Request to Speak” form prior to the time that the item is taken up by the Finance or Ordinance Committee or City Council. CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your “Request to Speak” form, you should come forward to speak at the time the Council considers the Consent Calendar. 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. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. TELEVISION COVERAGE: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 9:00 a.m., and in Spanish on Sundays at 4:00 p.m. Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings, and for any changes to the replay schedule.

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3/7/2017 Santa Barbara City Council Agenda Page 1

REGULAR CITY COUNCIL MEETING – 2:00 P.M.

AFTERNOON SE SSION

CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL ITEMS

1. Subject: Employee Recognition - Service Award Pins (410.01)

Recommendation: That Council authorize the City Administrator to express the City's appreciation to employees who are eligible to receive service award pins for their years of service through March 31, 2017.

CHANGES TO THE AGENDA PUBLIC COMMENT CONSENT CALENDAR

2. Subject: Adoption Of Ordinance For Police Management Association Memorandum Of Understanding (330.05)

Recommendation: That Council adopt by reading of title only, an Ordinance of the Council of the City of Santa Barbara adopting the 2017 Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara Police Management Association.

(Cont’d)


CONSENT CALENDAR (CONT’D)

3. Subject: Waive Formal Competition Under The Best Interest Waiver And Approve Pro Force Law Enforcement As The Vendor To Provide Replacement Tasers To The Police Department (330.05)

Recommendation: That Council: A. Waive the formal bid process as authorized by Municipal Code Section

4.52.070(L), Best Interest Waiver, and authorize the General Services Manager to issue a purchase order to Pro Force Law Enforcement as the most favorable source to provide the City with replacement Tasers in an amount not to exceed $200,000.00, including four one-year renewal options;

B. Approve a transfer of $200,000 from existing appropriations in the Police Department, General Fund, Budget to the General Fund Capital Fund; and

C. Increase appropriations and estimated revenues in the General Fund Capital Fund by $200,000 for the Taser Replacement Project.

4. Subject: Increase In Construction Change Order Authority For Arroyo Burro Creek Restoration At Barger Canyon (540.14)

Recommendation: That Council: A. Authorize an increase in the Public Works Director's Change Order

Authority to approve expenditures for extra work for Arroyo Burro Creek Restoration at Barger Canyon - Civil Contract, Contract No. 25,629 in the amount of $62,768, for a total Project expenditure authority of $753,211.50; and

B. Approve an increase in appropriations and revenues in the Creeks Capital Fund in the amount of $62,768 funded from the Creeks Capital Fund reserves for the Upper Arroyo Burro Creek Restoration Project.

NOTICES

5. Subject: The City Clerk has on Thursday, March 2, 2017, posted this agenda in the Office of the City Clerk, on the City Hall Public Notice Board on the outside balcony of City Hall, and on the Internet.

6. Subject: Receipt of communication advising of vacancy created on the Creeks Advisory Committee with the resignation of Paul Bullock. This vacancy will be part of the next recruitment.

This concludes the Consent Calendar.


CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT

7. Subject: Drought Update And Resolution Regarding Grant Application Requirements For The Federal Bureau Of Reclamation (540.05)

Recommendation: That Council: A. Receive an update on the status of the current drought, drought-response

capital projects, and continuing conservation efforts; and B. Adopt, by reading of title only, A Resolution of the Council of the City of

Santa Barbara Authorizing Submittal of a Grant Application Under the Federal Bureau of Reclamation WaterSMART Drought Resiliency Projects Grant Program.

8. Subject: Report On The Findings Of The Potable Reuse Feasibility Study (540.01)

Recommendation: That Council receive a presentation summarizing the findings of the Potable Reuse Feasibility Study.

PUBLIC HEARINGS

9. Subject: Continuance Of Appeal Filed By The City Of Goleta Of The Planning Commission's Approval Of A Development Plan For A Light Industrial Park at 6100 Hollister Avenue (640.07)

Recommendation: That Council continue the appeal filed by the City of Goleta of the Planning Commission's approval of a Development Plan for a Light Industrial Park at 6100 Hollister Avenue until April 11, 2017. The City of Goleta requested this continuance due to a scheduling conflict and staff recommends continuance to this date.

COUNCIL AND STAFF COMMUNICATIONS COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS PUBLIC COMMENT (IF NECESSARY)


CLOSED SESSIONS

10. Subject: Conference with City Attorney - Existing and Anticipated

Litigation (160.03) Recommendation: That Council: A. Hold a closed session to confer with the City Attorney regarding existing

litigation pursuant to Government Code section 54956.9(d)(1), and take appropriate action as needed.

The existing litigation is: David Anduri, Sr. et al. v. City of Santa Barbara, et al., USDC Case No.

2:16-CV-05461-MWF-SK Rafael Baez v. Simon Valdez Burrusqueta, et al., SBSC Case No.

16CV02541 Richard Burt, et al. v. City of Santa Barbara, et al., USDC Case No.

CV1607340-AG(AJW) Socorro Cortes v. City of Santa Barbara, SBSC Case No. 16CV04061 Patricia Dzukola v. City of Santa Barbara, SBSC Case No. 15CV04278 Kendra L. Feshbach, et al. v. City of Santa Barbara, SBSC Case No.

16CV03385; Related to SBSC Case No. 17CV00447 Andrew Furst v. City of Santa Barbara, et al., USDC case No. 5:15-CV-

02428 VAP(SPx) Rolland Jacks v. City of Santa Barbara, et al., COA Case No. B253474 Judy Johnson v. City of Santa Barbara, SBSC Case No. 17CV00709 Theodore P. Kracke v. City of Santa Barbara, VSC Case No. 56-2016-

00490376-CU Pete Leyva v. City of Santa Barbara, et al., SBSC Case No. 16CV00963 Roger McIntosh v. City of Santa Barbara, et al., SBSC Case No.

16CV05688 Passion Moore v. City of Santa Barbara, et al., COA Case No. 15-55316 Lizette Padilla-Lee, et al. v. Debbie Lux, et al., SBSC Case No. 1486999;

Related to Lizette Padilla-Lee, et al. v. City of Santa Barbara, SBSC Case No. 15CV04680

Avelina Perez v. City of Santa Barbara, SBSC Case No. 16CV01235 Yvette Waugh v. City of Santa Barbara, SBSC Case No. 16CV03844 B. Hold a closed session to confer with the City Attorney regarding

anticipated litigation pursuant to Government Code section 54956.9(d)(2)&(e)(3), and take appropriate action as needed.

(Cont’d)


CLOSED SESSIONS (CONT’D)

10. Subject: Conference with City Attorney - Existing and Anticipated Litigation (160.03) (Cont’d)

The anticipated litigation is based upon: Significant exposure to litigation arising out of the tort claim of Bridget

Bryden Significant exposure to litigation arising out of the tort claim of Sonya and

Yvonne Huerta (Joel Huerta) Significant exposure to litigation arising out of the tort claim of Mitchell

Kriegman Significant exposure to litigation arising out of the tort claim of Mountain

Air Sports / SB Beach House, et al. Significant exposure to litigation arising out of the tort claim of Eduardo

Olide Significant exposure to litigation arising out of the tort claim of 669 Del

Parque Water Main Break C. Hold a closed session to confer with the City Attorney regarding

anticipated litigation pursuant to Government Code section 54956.9(d)(4), and take appropriate action as needed. Initiation of litigation on one matter.

ADJOURNMENT

Agenda Item No. 1

File Code No. 410.01

CITY OF SANTA BARBARA COUNCIL AGENDA REPORT

AGENDA DATE: March 7, 2017 TO: Mayor and Councilmembers FROM: City Administrator’s Office SUBJECT: Employee Recognition – Service Award Pins RECOMMENDATION: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through March 31, 2017. DISCUSSION: The City appreciates the loyalty to the community and the dedication to public service that are demonstrated by City employees throughout the organization every day. Since 1980, the City Employees’ Recognition Program has recognized length of City Service. Service award pins are presented to employees for every five years of service. Those employees achieving 25 years of service or more are eligible to receive their pins in front of the City Council. Attached is a list of those employees who will be awarded pins for their service through March 31, 2017. ATTACHMENT: March 2017 Service Awards PREPARED BY: Nicole Grisanti, City Administrator’s Office Supervisor SUBMITTED BY: Kristine Schmidt, Administrative Services Director APPROVED BY: City Administrator's Office

ATTACHMENT

March 2017 SERVICE AWARDS

March 7, 2017 Council Meeting

5 YEARS

Latisha Boyd, Public Safety Dispatcher II, Police Department

Michael Krashefski, Senior Streets Maintenance Worker, Public Works Department

10 YEARS

Maken Bierer, Electronic/Communication Technician II, Public Works Department

Jody Thomas, Librarian II, Library

Matthew Ward, Water Distribution Superintendent, Public Works Department

Richard Welch, Senior Building Inspector, Community Development Department

25 YEARS

Kristin Shamordola, Police Officer, Police Department

30 YEARS

Fernando Reynoso, Airport Patrol Supervisor, Airport

1 MAR 7 2017 #2

ORDINANCE NO. _______

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA BARBARA ADOPTING THE 2017 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA BARBARA AND THE SANTA BARBARA POLICE MANAGEMENT ASSOCIATION

THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS: SECTION 1. The Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara Police Management Association entered into as of January 1, 2017 and attached hereto and incorporated herein by reference as Exhibit "A" is hereby adopted. SECTION 2. During the term of the agreement, the City Administrator is hereby authorized to implement the terms of the Memorandum of Understanding between the City of Santa Barbara and the Santa Barbara Police Management Association without further action by the City Council, unless such further action is explicitly required by state or federal law. This authorization shall include, but not be limited to, the authority to implement employee salary increases and publish changes to the salary schedule(s) adopted with the annual operating budget.

CITY OF SANTA BARBARA AND

SANTA BARBARA POLICE MANAGEMENT ASSOCIATION

MEMORANDUM OF UNDERSTANDING JANUARY 1, 2017 THROUGH DECEMBER 31, 2017

Exhibit A

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF SANTA BARBARA AND THE

SANTA BARBARA POLICE MANAGEMENT ASSOCIATION THIS AGREEMENT, SIGNED ON , IS ENTERED INTO AS OF JANUARY 1, 2017, BETWEEN THE CITY OF SANTA BARBARA, HEREINAFTER REFERRED TO AS THE "CITY," AND THE SANTA BARBARA POLICE MANAGEMENT ASSOCIATION, HEREINAFTER REFERRED TO AS THE "ASSOCIATION." Pursuant to Section 3.12 of the Municipal Code of the City of Santa Barbara and Section 3500 et. seq. of the Government Code, the duly authorized representatives of the City and the duly authorized representatives of the Association, having met and conferred in good faith concerning wages, hours, and terms and conditions of employment of Unit employees, declare their agreement to the provisions of this Memorandum of Understanding. FOR THE CITY: FOR THE ASSOCIATION: Kristine Schmidt Director of Administrative Services

Marylinda Arroyo Police Lieutenant

Jennifer Jennings Human Resources Analyst

Bill Marazita Police Captain

Aaron Baker Police Lieutenant

TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................................ 3 1. Scope of Representation ....................................................................................................................... 1 2. Base Salaries ........................................................................................................................................ 1 3. Overtime ................................................................................................................................................ 1 4. Educational Incentive (POST) Pay........................................................................................................ 1 5. Spanish Language Premium Pay.......................................................................................................... 1 6. Uniform Allowance ................................................................................................................................ 2 7. Cafeteria Plan Contribution ................................................................................................................... 2 8. Domestic Partnership Benefits .............................................................................................................. 2 9. Life Insurance ........................................................................................................................................ 2 10. Long Term Disability ......................................................................................................................... 2 11. Short Term Disability ......................................................................................................................... 3 12. Accident/Critical Illness Insurance .................................................................................................... 3 13. Tax-Qualified Expense Accounts ...................................................................................................... 3 14. Vacation ............................................................................................................................................ 3 15. Vacation & Sick Leave Advanced Credit Upon Hire ......................................................................... 3 16. Holidays ............................................................................................................................................. 4 17. Management Leave .......................................................................................................................... 4 18. Sick Leave ......................................................................................................................................... 5 19. Non-Replenishable Sick Leave ......................................................................................................... 5 20. Catastrophic Leave ........................................................................................................................... 5 21. Leaves of Absence ............................................................................................................................ 5 22. PERS Retirement .............................................................................................................................. 6 23. Deferred Compensation .................................................................................................................... 6 24. Service Credit For Sick Leave Upon Retirement .............................................................................. 6 25. Retiree Medical Insurance Contribution ............................................................................................ 7 26. Educational Reimbursement Programs ............................................................................................ 7 27. Layoff and Rehire .............................................................................................................................. 7 28. Retroactivity ....................................................................................................................................... 7 29. City Rights ......................................................................................................................................... 8 30. Term, Waiver, and Severability ......................................................................................................... 8

1 2017 Police Management Association MOU

1. Scope of Representation The Association represents the following management job classifications: Police Lieutenant Police Captain 2. Base Salaries

A. Base salary ranges for each classification will increase as follows:

Effective January 7, 2017 3.0%

B. During the term of the agreement, the existing ability of the Police Chief to recommend merit

increases for eligible employees will not be changed. The intent of this section is that the Police Chief not be directed to reduce or eliminate merit increases during the term of the agreement based on economic conditions.

C. Upon promotion to the classification of Lieutenant or Captain, an employee will be appointed at the bottom of the salary range for the new classification, or at 5% above the top of the salary range for the classification from which he/she was promoted, whichever is greater.

D. Effective for promotions on or after October 1, 2016, if an employee is promoted from within to Lieutenant at 5% above the top of the salary range for sergeant, any lieutenant paid less than that base salary rate will be increased to the same base salary rate effective on the same date.

3. Overtime Overtime will be accrued only when assigned by the Police Chief to emergency duty, disasters, mutual aid, or similar situations. Overtime will be accrued or paid out at the rate of time and one-half. 4. Educational Incentive (POST) Pay Employees will receive advanced Police Officers Standards and Training (POST) pay in the same amount, and under the same conditions, as established for police sergeants under their labor agreement in effect at the time. 5. Spanish Language Premium Pay Employees who establish proficiency in Spanish to the satisfaction of the Police Chief and the Human Resources Manager will be eligible for Spanish language premium pay in the same amount, and under the same conditions, as established for police officers under their labor agreement in effect at the time.


6. Uniform Allowance Employees will receive a uniform allowance in the same amount, and under the same conditions, as established for a Police Officer under their labor agreement in effect at the time. 7. Cafeteria Plan Contribution A. Employees will receive a monthly contribution to the cafeteria plan for the purchase of health and

welfare benefits and/or optional cash-out. The cafeteria plan contribution will be $1,746.00 per month.

B. Information about the benefits available and their cost will be distributed to all employees at the

beginning of each benefit year (i.e. calendar year). C. The City retains full and complete control over the selection, approval and administration of the

City's group insurance program. D. The benefits will be subject to the following rules:

1) Benefit selections must be made prior to the beginning of each benefit year. Employee changes in benefit plan selections, such as adding or deleting coverage and/or dependents, may only be made in accordance with Section 125 of the Internal Revenue Code and City policy.

2) All benefits selected from the cafeteria plan must be paid for in full from the maximum benefit provided except when the maximum is insufficient to cover all insurance coverage selected. In such cases, the premium amount not funded by the City-provided benefit will be paid through an employee deduction applied against the medical premiums.

3) No unexpended dollar amounts associated with selected benefits may be disbursed to a terminating employee.

4) All benefit selections are subject to State and Federal rules, regulations, and laws regarding employee benefits and tax status. No guarantee is made regarding the tax-exempt status of any and all benefits presented or selected.

5) Employees will be eligible for benefits coverage and the monthly cafeteria plan contribution, on the first day of the month following their hire date.

8. Domestic Partnership Benefits The cafeteria plan allowance can be used toward same sex and opposite sex domestic partner dependent coverage under the medical, dental, and vision plans, and any other plan where such coverage is allowed. In order to receive this benefit, domestic partners must be registered with the City Clerk’s Office and/or the Secretary of State of California, and the employee must provide proof of registration. The affected employee(s) will be responsible for all tax consequences of this benefit. Additionally, Domestic Partners who are registered with the City Clerk’s Office and/or the Secretary of State of California are treated the same as spouses under all City policies related to employees’ families. 9. Life Insurance Life Insurance will be provided equal to an amount of one times annual salary. An equal amount will be provided for accidental death and dismemberment (ADD) coverage. This amount will not be counted against the cafeteria plan allowance. 10. Long Term Disability Each employee will receive City-paid coverage under a long term disability insurance program. This amount will not be counted against the cafeteria plan allowance.


11. Short Term Disability Employees will be eligible to participate in an optional Short-term Disability plan at their own cost. 12. Accident/Critical Illness Insurance Employees will be eligible to participate in an optional Supplemental Accident and Critical Illness insurance plan at their own cost. 13. Tax-Qualified Expense Accounts The City will continue to offer several tax-qualified arrangements to allow employees to set aside money to pay for eligible expenses on a pre-tax basis. These include:

• Medical Flexible Spending Account • Dependent Care Account

14. Vacation A. Employees will accrue vacation as follows: 0-2 15 Days (120 hours) 3-5 20 Days (160 hours) 6-7 25 Days (200 hours) 8+ 28 Days (224 hours) B. The maximum vacation accrual will be 392 hours. A employee whose vacation balances exceed

the maximum accrual hours will not be eligible to accrue further vacation until such time as the employee has reduced his or her accrued leave balances through time off or catastrophic leave donation , to below the maximum accrual. There is no retroactive grant of vacation compensation for the period of time the vacation compensation was at the cap.

C. The maximum vacation accrual may be waived if scheduled vacations are cancelled by the City

for emergencies or cancelled by the employee due to the illness, injury, or personal emergency. The employee will submit to the City Administrator, via the Department Head, a memo requesting approval for the accrual beyond the maximum. The City Administrator may establish a deadline by which the employee must reduce the vacation accrual to at or below the maximum, or be subject to the accrual discontinuance as outlined in Section B, above.

15. Vacation & Sick Leave Advanced Credit Upon Hire

A. An employee who is appointed from outside City of Santa Barbara government service within one

(1) year of leaving employment with either the City of Santa Barbara or another city, county, state agency, federal agency or special district and who, in the opinion of the Human Resources Manager, possesses government experience directly related to the position to which he or she has been appointed, may be offered credit for years of prior service with the City of Santa Barbara and/or his or her immediate previous government employer in the following ways:

i. Vacation Accrual: At the discretion of the Human Resources Manager, the employee

may be offered credit for up to the total number of prior full years of service at the City of Santa Barbara and/or his or her immediate previous government employer toward the initial vacation accrual rate. The employee will not be eligible to progress to a higher accrual rate until employee has the normal required minimum amount of City of Santa Barbara service for that accrual rate.


ii. Sick bank: At the discretion of the Human Resources Manager, the employee may be credited with up to 96 hours of sick leave. Thereafter, employee will accrue sick leave at the normal rate.

B. A former City of Santa Barbara employee reemployed within one year under Santa Barbara

Municipal Code Section 3.16.320 will automatically qualify for the full vacation accrual credit under (i), above, for his or her prior City of Santa Barbara service. However, under no circumstance will prior accrued vacation balances cashed out to the employee upon termination be reinstated.

16. Holidays Employees shall accrue 4 hours of holiday leave each biweekly pay period (26 pay periods per year). Said hours shall be credited to the employee's Holiday Bank.

1. The following days are included in the Holiday Bank: • January 1st (New Year's Day) • 3

rd Monday in January (Martin Luther King Jr.’s Birthday)

• 3rd Monday in February (President's Day) • Last Monday in May (Memorial Day) • July 4th (Independence Day) • 1st Monday in September (Labor Day) • 4th Thursday in November (Thanksgiving) • The Friday immediately following Thanksgiving Day • December 25th (Christmas Day)

2. Four additional days (32 hours) each fiscal year are included in the holiday bank and may be designated by the employee as holidays

For employees hired or promoted into the bargaining unit on or after July 1, 2013 only: If an employee’s holiday bank exceeds 120 hours, the City shall have the option to either require the employee to take the holiday time off or to pay the employee for the hours at straight time. The option of time off or pay in lieu of holiday hours shall be at the sole discretion of the City. Employee in the bargaining unit before July 1, 2013 will not be subject to this provision. 17. Management Leave A. Full-time regular employees designated as being exempt from the overtime provisions of the Fair

Labor Standards Act will be eligible for management leave, subject to the Police Chief’s approval. B. Each eligible management employee is awarded management leave for the fiscal year as follows:

• Employees on the payroll July 1 (inclusive) 40 hours • Employees hired between July 2 and October 1 (inclusive) 30 hours • Employees hired between October 2 and January 1 (inclusive) 20 hours • Employees hired between January 2 and April 1 (inclusive) 10 hours

C. An employee on a Leave of Absence without Pay on July 1st will receive the Management Leave

hours (prorated) when s/he returns to work D. The Police Chief may grant additional paid Management Leave to each eligible management

employee during the year. The amount of additional paid leave, if any, will be subject to discretion of the Police Chief.

E. Management Leave is scheduled like vacation.


F. Management Leave is not related to hours worked nor subject to accrual, and may not be carried over beyond the end of the fiscal year. Upon resignation or termination, an employee will not be entitled to any payout of management leave.

G. Administration of Management Leave is subject to the discretion and approval of the Police Chief.

Final resolution of any disputes arising with regard to Management Leave will rest with the City Administrator.

18. Sick Leave Sick leave allowance will accrue at the rate of 8 hours per month. Effective May 31, 2014 there will be a 2080 hours maximum sick leave accrual, not including non-replenishable sick leave, for all employees except as provided herein. Grandfathering: Employees who are members of the bargaining unit on May 30, 2014 and whose accrual balances already exceed the 2080 hour cap on that date will not be subject to a maximum sick accrual. 19. Non-Replenishable Sick Leave A. After five (5) years of continuous service, an employee may accumulate additional “non-

replenishable” sick leave at the rate of sixteen (16) hours at full salary for each additional year of continuous service.

B. The maximum accumulation is two hundred and forty (240) hours and is not replenishable. C. Non-replenishable sick leave hours may only be used after the employee’s entire regular sick

leave bank is exhausted. 20. Catastrophic Leave Employees will be eligible to donate vacation time to the applicable leave banks of full-time and part-time employees who are incapacitated due to a catastrophic illness or injury or who must care for a spouse or child who has a catastrophic illness or injury under the Citywide Catastrophic Leave Policy. 21. Leaves of Absence A. Employees may request a medical leave of absence of up to one year under the City’s

FMLA/CFRA Family Medical Leave Policy, the Leave without Pay (Medical Reasons) Policy, the Maternity Leave Policy, and/or the Parental Leave Policy.

B. The City Administrator may grant an extra leave of absence, in addition to that provided under the

various sick leave policies to an employee who has been continuously employed by the City for five (5) years or more. When all sick leave has been exhausted, the employee can make a request, in writing, for extra leave and attach a report from his/her medical doctor stating the extent of the illness and the approximate time required for recovery. If approved the request shall be based on the following schedule:

Service in Years (active & continuous): Maximum # of Months of Extra Leave Allowable:

5- 10 3 10-15 6 (including the 3 above) 15-20 9 (including the 6 above) 20 + 12 (including the 9 above)

During such period of extra leave, the employee shall receive an amount equal to 50% of his/her regular salary (MC 3.08.210).


C. Non-Medical Leave: Employees may also request a personal leave of absence of up to one year for non-medical reasons under the City’s Leave of Absence without Pay (Non-medical reasons) Policy. A sabbatical may constitute a reason for a leave of absence. An approved leave of absence without pay will not constitute a break in continuous service.

22. PERS Retirement A. Retirement Formula: Employees designated as “classic” employees will be covered under the

Police Safety contract under the Public Employees' Retirement System (PERS) with a 3% at age 50 benefit formula and with a final compensation measurement period of the highest single (1) year. Effective January 1, 2013, new employees and/or members as defined by California Public Employees’ Pension Reform Act of 2013 (hereinafter “AB 340”) shall be covered under the 2.7% at 57 retirement formula, with a final compensation measurement period of the average of the highest three (3) consecutive years, as well as all other statutory requirements of AB 340.

B. Member Contributions: Bargaining unit members designated as “classic” employees will pay the

full 9% member contribution and the City will no longer pay any portion of these employees’ member contributions. Notwithstanding the above, effective January 1, 2013, new employees and/or members as defined by AB 340 shall contribute the greater of what other employees contribute, or half the normal cost as defined by AB 340; the City will not pay any portion of these employees’ contributions.

C. Employees will also have the option, at their own expense, to receive PERS service credit for any

military service time or other service time eligible for service credit purchase under the PERS Police Safety plan.

D. The parties agree that any provisions of this Agreement that are contrary to or inconsistent with the lawful provisions of AB 340, shall be modified so as to cause them to be consistent with those lawful provisions through letter of understanding to amend the Agreement.

23. Deferred Compensation In addition to the City’s retirement plans, employees may elect to participate in a tax-qualified Section 457 government defined contribution retirement program. 24. Service Credit For Sick Leave Upon Retirement A. At the time of retirement, the City purchases an annuity for the retiring employee that pays a

monthly benefit similar to the PERS amendment that provides service credit for sick leave. B. The following conditions apply to this benefit:

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

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

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

4. Employees who are eligible to receive an annuity under this program shall not be subject to reduction of that annuity based on the 90% PERS retirement limit.

5. If the City amends its PERS Police contract evaluation to include service credit for sick leave upon retirement, employees will be included in that PERS contract amendment and the annuity program will be discontinued.


25. Retiree Medical Insurance Contribution A. This provision is applicable to employees who retire from City service and

1. Have 10 or more years of classified or unclassified service; or 2. Retire from the City with an industrial disability retirement.

B. The City will contribute $10.50 per month, per year of service, toward the purchase of retiree

medical insurance, up to a maximum of 35 years (i.e. $367.50 per month). C. The retiree is not limited to the purchase of a City sponsored plan, provided however, that if the

retiree purchases another insurance plan, the retiree must supply the City with adequate proof of insurance coverage prior to any contribution from the City. Proof of such coverage will be provided to the City on a periodic basis, as reasonably determined by the City.

D. The City will continue to make its contribution until the retiree reaches age 65 or dies, whichever

occurs first, provided however, that if the retiree dies before reaching the age of 65 and there is a surviving spouse or registered domestic partner, the City's contribution will cease when the retiree would have reached 65. Thereafter, the spouse may remain on the insurance plan, at his/her cost, subject to the conditions set forth by the insurance company.

E. At the request of either party, parties will meet informally (not meet and confer) to discuss possible implementation of a Retirement Health Savings Plan (RHSP) for employee-funded contributions.

26. Educational Reimbursement Programs Employees will be eligible to apply for reimbursement under the citywide Educational Reimbursement Policy under the same terms and conditions as other Group II (Non-executive) Managers. If the citywide Management Master’s Degree Program is reinstated, employees will be eligible to apply for reimbursement under the same terms and conditions as other Group II (Non-executive) Managers. 27. Layoff and Rehire

A. In cases of the abolition of a position which results in the layoff of personnel or reduction in force,

the individual with the least time in classification will be the first laid off. B. Where individuals possess equal time in classification, total time with the Santa Barbara City

Police Department will be used to determine seniority. C. The individual affected will have the right to "bump" downward to the next lower sworn

classification such that the last hired employee in the lowest sworn rank will be the first employee laid off.

D. Rehiring will be accomplished pursuant to Municipal Code Section 3.16.350. 28. Retroactivity An employee will be eligible for retroactive increases to salaries and benefits provided under this Agreement on the dates specified for each increase if the employee is an active City employee and bargaining unit member on the date that the City Council ratifies this Agreement.


29. City Rights

A. The City shall retain, whether exercised or not, solely and exclusively, all express and inherent rights and authority pursuant to law, except to the extent such authority is explicitly waived by the express terms of this agreement.

B. The City’s rights shall include the right to determine the level of, and the manner in which, the City’s

activities are conducted, managed, and administered. The Association recognizes the exclusive right of the City to establish and maintain rules and procedures for the administration of its departments. Such rights include, but are not limited to, the exclusive right to: determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of economic reasons or for cause as provided in Section 1007 of the City Charter; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

C. The Association recognizes that the City Administrator retains, whether exercised or not, exclusive

management decision-making authority over matters within the rights of the City. D. The Association recognizes that all bargaining unit members are “unclassified” employees as that

term is defined in Article X of the City Charter. 30. Term, Waiver, and Severability A. The term of this agreement shall be twelve (12) months commencing January 1, 2017 and ending

at midnight on December 31, 2017. The term of this agreement may be extended by mutual agreement.

B. The Association acknowledges that it had the unlimited right to bargain with regard to issues

within the scope of representation. For the term of this Agreement, unless otherwise provided in this Agreement, the City shall not be further obligated to meet and confer. All terms and conditions of employment not covered by this agreement shall continue to be subject to the City’s direction and control.

C. If any provision of this Agreement is declared by judicial authority to be unlawful, unenforceable,

or not in accordance with applicable provisions of state, federal or local laws or regulations, such part of the provision will be suspended and superseded by the applicable law or regulation and the remainder of this Agreement shall remain in full force and effect for the duration of this Agreement.

Agenda Item No. 3 File Code No. 330.05


AGENDA DATE: March 7, 2017 TO: Mayor and Councilmembers FROM: Community Support and Services, Police Department SUBJECT: Waive Formal Competition Under The Best Interest Waiver And

Approve Pro Force Law Enforcement As The Vendor To Provide Replacement Tasers To The Police Department

RECOMMENDATION: That Council: A. Waive the formal bid process as authorized by Municipal Code Section

4.52.070(L), Best Interest Waiver, and authorize the General Services Manager to issue a purchase order to Pro Force Law Enforcement as the most favorable source to provide the City with replacement Tasers in an amount not to exceed $200,000.00, including four one-year renewal options;

B. Approve a transfer of $200,000 from existing appropriations in the Police

Department, General Fund, Budget to the General Fund Capital Fund; and

C. Increase appropriations and estimated revenues in the General Fund Capital Fund by $200,000 for the Taser Replacement Project.

DISCUSSION: The Police Department presently issues the Taser X26P as a less-than-lethal use of force tool to all sworn officers. When the Police Department first purchased the Taser as a less- than-lethal option 15 years ago, Taser was the only available product on the market. Since that time, all of our 142 sworn officers have been outfitted, trained, and certified on the Taser X26P. The Department has also sent a number of our employees to certification courses to become Taser instructors. Thus, they are not only certified to train officers on the device, but can also testify in court as use of force experts regarding Taser use. The current supply of issued Taser devices is in need of replacement due to their age and length of service. The Department plans to purchase all new Tasers over the course of several years. Taser devices are provided as standard equipment to all our newly hired officers.

Council Agenda Report Waive Formal Competition Under The Best Interest Waiver And Approve Pro Force Law Enforcement As The Vendor To Provide Replacement Tasers To The Police Department March 7, 2017 Page 2

If the Department purchased a different brand of less-than-lethal devices, costs would increase dramatically as new devices, holsters and training would be needed for all sworn officers. To conduct the training, the Department would either have to pay an outside company for the instruction or send officer to courses to become instructor certification courses. Municipal Code Section 4.52.070(L), Best Interest Waiver, is applicable because the Police Department is already trained on Tasers and switching to another comparable product would be neither efficient nor cost effective. Pro Force Law Enforcement is the only vendor authorized to sell Taser brand equipment in California. BUDGET/FINANCIAL INFORMATION: As a result of salary savings, funds have been identified within the Police Department budget to cover the purchase of 150 new Taser X26 devices. Therefore, staff recommends transferring $200,000 of the savings from the General Fund to the Capital Fund where the monies will be appropriated for this replacement project and will be spent over the next several years. PREPARED BY: Todd Stoney, Captain/lsp SUBMITTED BY: Lori Luhnow, Chief of Police APPROVED BY: City Administrator's Office

Agenda Item No. 4


CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT

AGENDA DATE: March 7, 2017 TO: Mayor and Councilmembers FROM: Engineering Division, Public Works Department SUBJECT: Increase In Construction Change Order Authority For Arroyo Burro

Creek Restoration At Barger Canyon RECOMMENDATION: That Council: A. Authorize an increase in the Public Works Director’s Change Order Authority to

approve expenditures for extra work for Arroyo Burro Creek Restoration at Barger Canyon – Civil Contract, Contract No. 25,629 in the amount of $62,768, for a total Project expenditure authority of $753,211.50; and

B. Approve an increase in appropriations in the Creeks Capital Fund in the amount

of $62,768 funded from the Creeks Capital Fund reserves for the Upper Arroyo Burro Creek Restoration Project.

DISCUSSION: Project Description The Arroyo Burro Creek Restoration At Barger Canyon Project (Project) is located on a City-owned 14.19-acre parcel and an adjacent one acre City-owned conservation easement (see Attachment). The total Project work area is 4.95 acres. Historically, the Arroyo Burro Watershed in Barger Canyon was a coast live oak woodland with a well-established riparian zone dominated by willows, sycamores, and oaks. Prior to the Project, the site was in a degraded state due to past channel modifications, agricultural development, and poor land management. Current Status Construction for the civil contract was completed by Shaw Contracting on November 7, 2016, and the work associated with the landscaping contract was completed by Recon Environmental on December 16, 2016. During the civil construction, work covered by change orders consisted of removal of additional non-native trees and concrete debris, placement of additional rock in the channel and energy dissipaters at v-ditch outlets, and

Council Agenda Report Increase In Construction Change Order Authority For Arroyo Burro Creek Restoration At Barger Canyon March 7, 2017 Page 2

cut and fill quantity changes. Regulatory permits required that all construction in the creek be completed by November 1, 2016. During excavation, the civil contractor encountered an unanticipated amount of extra native sandstone, in addition to the sandstone already imported and placed. The contractor was directed to place the additional rock to extend the rock-lined creek channel. This was intended to further decrease erosion, allowing creek flows to filter and infiltrate in the lower creek bed. Additional Change Order Authority in the amount of $62,768 is requested to complete final payment for these changes. Artificial hard structures, such as pipe and wire revetment, sheet metal baffle walls, concrete drainage ditches, and grouted rip rap in the creek have been removed, and 1,000-linear-feet of creek banks were re-graded to create less erosive slopes. The lower 600 feet of the creek channel was widened to provide more natural meanders and a braided section of channel. This increased the width of the riparian zone, reduced channel slopes, increased storm flow infiltration, and improved water quality conditions downstream. An upland seasonal wetland was constructed to capture storm runoff from the upslope properties. This depression provides increased habitat diversity onsite through the creation of a wetland habitat, and provides additional capture, infiltration, and treatment of storm water runoff. Large rock, cobble, and gravel were imported to the site to rebuild portions of the stream channel and reduce future channel incision. To eliminate the need for water diversion, construction was completed during the dry season. Newly graded areas were stabilized and restored through the installation of erosion control blankets, straw wattles, mulch, and native seeding and planting. Native riparian trees and shrubs were installed before the rainy season, and helped to significantly limit the need for supplemental irrigation. The Project has helped to improve water quality within Arroyo Burro by decreasing erosion and slowing, infiltrating, and filtering creek flows. This request addresses work completed while the project was under construction. A small portion of the Project site was damaged by the storm on February 17, 2017, which produced over 6 inches of rain in a 24-hour period. The resulting high stream flows scoured a 50-foot section of creek bank. Future repair work at the restoration site to address storm related damage will be pursued as separate work once further defined. BUDGET/FINANCIAL INFORMATION: Funding This Project is funded by Measure B (transient occupancy tax) revenues. The Fiscal Year 2017 Creeks Capital Fund budget includes $1,090,358 of available appropriations for the Upper Arroyo Burro Restoration Project. With the recommended appropriation of $62,768 from Creeks Captial Fund reserves to the Upper Arroyo Burro Restoration Project, this will bring the total appropriatons to $1,153,126 for the Project, excluding design, which will be sufficient funds to cover the increase in change order authority.

Council Agenda Report Increase In Construction Change Order Authority For Arroyo Burro Creek Restoration At Barger Canyon March 7, 2017 Page 3

The following summarizes the additional expenditures recommended in this report:

CONSTRUCTION CONTRACT FUNDING SUMMARY

Base

Contract Change Order

Total

Initial Civil Contract Amount $627,675.50 $62,768.00 $690,443.50

Proposed Increase $0.00 $62,768.00 $62,768.00

Total $627,675.50 $125,536.00 $753,211.50 The following summarizes all Project design costs, construction contract funding, and other Project costs.

ESTIMATED TOTAL PROJECT COST **Cents have been rounded to the nearest dollar in this table.

Design Subtotal $154,323

Civil Construction Contract $627,676 Civil Construction Change Order Allowance (with increase) $125,536

Subtotal $753,212

Landscaping Contract (Includes 2 years of maintenance) $274,849 Landscaping Contract Change Order Allowance $27,485 Construction Management/Inspection (by City Staff) $45,000 Design Support Services During Construction (by Contract) $52,580

Subtotal $399,914

Project Total $1,307,449 ATTACHMENT: Project Location Map PREPARED BY: John Ewasiuk, Principal Civil Engineer/AG/sk Cameron Benson, Creeks Division Manager SUBMITTED BY: Rebecca J. Bjork, Public Works Director Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator’s Office

City of Santa Barbara Arroyo Burro Creek Restoration at Barger Canyon

Project Map

Arroyo Burro Creek

Easement for Creek Conservation Work

Project Parcel APN 055-020-034

ATTACHMENT

Agenda Item No. 7




AGENDA DATE: March 7, 2017 TO: Mayor and Councilmembers FROM: Water Resources Division, Public Works Department SUBJECT: Drought Update And Resolution Regarding Grant Application

Requirements For The Federal Bureau Of Reclamation RECOMMENDATION: That Council: A. Receive an update on the status of the current drought, drought-response capital

projects, and continuing conservation efforts; and

B. Adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara Authorizing Submittal of a Grant Application Under the Federal Bureau of Reclamation WaterSMART Drought Resiliency Projects Grant Program.

DISCUSSION: Council declared Stage One and Stage Two Drought Conditions on February 11, 2014, and May 20, 2014, respectively, as a result of unprecedented drought conditions. On May 5, 2015, in response to the driest consecutive four-year period on record, Council declared a Stage Three Drought Emergency. Since then, the Stage Three Drought condition has been amended with increasing conservation targets and water use regulations. The most recent amendment was on December 6, 2016, which increased the City's water conservation target to 40 percent reduction, based on local water supplies. Rainfall for the last five years has averaged less than half of the long-term average. Consistent with the City’s Long Term Water Supply Plan (LTWSP), depleted surface water supplies have been replaced with increased groundwater production and water purchases. This strategy has been successful in securing water supplies sufficient to meet demand through 2017, assuming ongoing 40 percent conservation and reactivation of the City’s Charles E. Meyer Desalination Plant (Desalination Plant) in the spring. Recent rainfall has been a positive improvement from what has been seen over the past five years with regard to the City’s water supply situation. Gibraltar Reservoir and Lake Cachuma have both received above-average rainfall for this time in the water year, which began on September 1, 2016.

Council Agenda Report Drought Update And Resolution Regarding Grant Application Requirements For The Federal Bureau Of Reclamation March 7, 2017 Page 2 However, given the severity of the drought, the City’s water supply situation remains tenuous. Fortunately, conservation efforts have reduced the City’s water demands to approximately 10,000 acre-feet per year. Any decision to roll back conservation measures should be postponed until after the City receives notice regarding its Cachuma allocations for Water Year 2018. Work continues to move forward on the reactivation of the Desalination Plant. The current plant reactivation will produce 3,125 acre-feet annually for City water customers, with water production anticipated in April 2017. On February 6, 2017, the contractor reached a milestone with the completion of major construction and the beginning of the start-up and testing phase. This milestone was marked by the contractor being able to pump seawater onshore, which is the first step in the equipment startup and testing phase. This final phase of the project is anticipated to continue into April 2017, and will end with final acceptance testing and permitting by the state. While the City’s water conservation rate for January was 30 percent, it is 36 percent for the 12-month running average as compared to 2013 water demands. With the Stage Three Drought declaration and the need for a 40 percent reduction in water use, the Water Conservation Program has continued its enhanced public information campaign of targeted outreach to specific user types, including:

● increased weekly messaging through social media and online news outlets; ● training, workshops, and presentations to community and industry groups; ● printed materials and targeted utility bill messaging; and ● drought signage throughout the City

BUDGET/FINANCIAL INFORMATION: With so much of the Water budget being contingent on how much rainfall and runoff Santa Barbara has received this year, staff is proposing to delay the discussion on water rates until April 2017. In April, staff hope to have sufficient information to determine the 3-Year water supply strategy, which will inform the water rate development process. Because of this delay, water rate adoption is not expected to occur until August 2017. The Federal Bureau of Reclamation (Bureau) has a grant funding opportunity which could yield as much as $750,000 towards the proposed Desal Conveyance Pipeline. The grant funding is for capital projects that build long-term resiliency to drought, improve water quality and management, and reduce the need for emergency response actions. For our application to be considered, Council must adopt a resolution identifying the City staff member with the legal authority to submit an application, confirming the City’s financial capability to fund its share of the project costs, and indicating a willingness to work with the Bureau to meet deadlines and milestones.

Council Agenda Report Drought Update And Resolution Regarding Grant Application Requirements For The Federal Bureau Of Reclamation March 7, 2017 Page 3 PREPARED BY: Joshua Haggmark, Water Resources Manager/CT/cmw SUBMITTED BY: Rebecca J. Bjork, Public Works Director APPROVED BY: City Administrator’s Office

1

RESOLUTION NO. _____

A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA BARBARA AUTHORIZING SUBMITTAL OF A GRANT APPLICATION UNDER THE FEDERAL BUREAU OF RECLAMATION WATERSMART DROUGHT RESILIENCY PROJECTS GRANT PROGRAM

WHEREAS, in response to extreme and prolonged drought, the Santa Barbara City Council awarded a Design-Build-Operate contract on July 21, 2015, to reactivate the Charles E. Meyer Desalination Plant (Desal Plant) up to a capacity that will provide 3,125 AFY of a drought-proof drinking water supply; WHEREAS, the City of Santa Barbara is pursuing the construction of a transmission pipeline that would allow the City to move desalinated water throughout the entire service area and to the South Coast Conduit, improving local and regional drought resiliency and water supply reliability; WHEREAS, the transmission pipeline project would provide opportunities for water supply agreements and exchanges among agencies on the South Coast and communities receiving water from the Santa Ynez River; WHEREAS, it is in the best interest of the City to seek grant funding to lessen financial impacts to the City’s water customers; WHEREAS, in addition to grant funding, the City is pursuing a California Drinking Water State Revolving Fund loan to finance the capital project costs over a 20 year period; and WHEREAS, within 30 calendar days of the grant application due date, the Federal Bureau of Reclamation (Bureau) requires the passage of an official resolution from an applicant’s governing body to authorize submittal of applications for the WaterSMART Drought Resiliency Projects Grant Program.

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

SECTION 1. The Public Works Director may be legally authorized to enter into an agreement; provided, such authorization is granted by resolution or ordinance of the City Council of the City of Santa Barbara.

SECTION 2. The City of Santa Barbara Water Resources Division and the Water Fund have the capability and financial or in-kind resources, as provided for in the adopted operating budget and six year Capital Improvement Program, to match the Bureau maximum grant award amount of $750,000.

2

SECTION 3. The City of Santa Barbara will meet established deadlines for entering into a grant or cooperative agreement.

SECTION 4. The Public Works Director, or designee, has reviewed and supports the application as submitted to the Bureau for grant funding, and is hereby authorized and directed to prepare the necessary data, conduct investigations, and submit said funding application.

Agenda Item No. 8




AGENDA DATE: March 7, 2017 TO: Mayor and Councilmembers FROM: Public Works Department, Water Resources Division SUBJECT: Report On The Findings Of The Potable Reuse Feasibility Study RECOMMENDATION: That Council receive a presentation summarizing the findings of the Potable Reuse Feasibility Study. DISCUSSION: At its meeting of September 23, 2014, Council directed staff to explore options for converting the existing offshore intake, sized and permitted to provide sufficient water for a 10,000 acre feet per year (AFY) desalination plant, to a Subsurface Seawater Intake (SSI) for the desalination plant, and evaluate opportunities for potable reuse as an alternative to desalination. Council’s direction to staff was subsequently incorporated into an amendment to the City’s El Estero Wastewater Treatment Plant National Pollutant Discharge Elimination System Permit (NPDES Permit) which added two milestones: submit a Feasibility Study Work Plan to the Regional Water Quality Control Board (RWQCB) by August 31, 2015, and report the findings of the Feasibility Study to the RWQCB at a public meeting, no later than June 30, 2017. The work was divided into two elements; the SSI analysis and the potable reuse analysis. The work plans for the two projects were developed simultaneously, released in draft form for public comment, and reviewed by a Technical Advisory Panel (TAP) consisting of field experts assembled by the National Water Research Institute (NWRI). A public meeting was held in early August 2015 and comments from the TAP and the public were incorporated in the final work plan. The work plan included initial screening criteria to evaluate the technical feasibility of the different alternatives and assign them as either infeasible, potentially feasible (but does not meet study goals), or potentially feasible. In accordance with the Work Plan (Appendix A), only “potentially feasible” alternatives are to be considered further in this study, for an evaluation of their social, environmental and economic feasibility. However, alternatives that were identified as "potentially feasible but does not meet current study goals" can be considered as part of

Council Agenda Report Report On The Findings Of The Potable Reuse Feasibility Study March 7, 2017 Page 2

future studies.The work plan was submitted to the RWQCB in August 2015 and accepted in a letter from RWQCB staff dated October 20, 2015. Potable Reuse Alternatives The evaluation of alternatives was conducted consistent with the approved work plan. The Potable Reuse Feasibility Initial Screening Study (Study) public workshop was held on October 26, 2016. Similar to the format of the Subsurface Intake (SSI) analysis, a draft report was made available to the public and the TAP for review several weeks ahead of the meeting. Public comments were received, reviewed, and responded to by the TAP. Comments by the public and TAP were incorporated into the final report. A copy of the final report, the presentation, and the video recording of the public meeting can be found at the following website: http://www.nwri-usa.org/santa-barbara-panel.htm. The Study calculated the long-term daily average of treated effluent flows from the El Estero Wastewater Treatment Plant to be 7.73 MGD or 8,660 AFY. The amount of treated effluent available during a drought, however, can be significantly less. During the current drought, for example, flows have averaged 6 MGD over the past year. The Study used the historical, long-term daily average, because it takes into account the capacity necessary to accommodate seasonal and diurnal flow variations. The Study considered a combination of projects which examined Indirect Potable Reuse (IPR), Direct Potable Reuse (DPR), and some level of continued use of the City’s recycled water system, referred to as Non-Potable Reuse (NPR). The IPR projects investigated included groundwater replenishment by surface application and subsurface injection (both seawater intrusion barrier and inland recharge options were evaluated). The Study found that IPR by surface application had several risks associated with high groundwater, mobilization/capture of existing contamination, liquefaction, slope failure, and impacts to sensitive habitats; and found that the low potential yield of surface recharge with IPR did not warrant additional consideration. The Study found that IPR was not effective as a seawater intrusion barrier in Storage Unit 1, even with injection from 24 wells. The only IPR method carried forward for initial screening was subsurface injection in inland parts of the basin. This alternative was found to be technically feasible, but did not meet Study goals. The TAP acknowleged that the potential IPR yield is likely less than the yield identified in the Study due to potential mounding issues, and the City would be challenged to secure adequate property to install several new injection and extraction wells that would be required. There are two forms of DPR, direct connection to the potable water system and raw surface water augmentation. At this time, a direct connection to the potable water system is not under consideration by State Water Resources Control Board (SWRCB). However, raw surface water augmentation is considered potentially feasible; therefore, the Study focused on raw surface water augmentation at Lauro Reservoir (Lauro). In this project, advanced treated effluent would be pumped and conveyed up to Lauro, a federally owned facility managed by the Cachuma Operations and Management Board. Lauro is currently

http://www.nwri-usa.org/santa-barbara-panel.htm


the forebay for storage and conveyance of surface water from Lake Cachuma, Gibraltar Reservoir, and State Water, which is treated at the Cater Water Treatment Plant (Cater). The Study’s findings, with which the TAP concurred, were that DPR via raw surface water augmentation was potentially technically feasible, but did not meet Study goals. The use of Lauro and retreatment at Cater is viewed as a potentially feasible option since it introduces a storage buffer that could be used to mitigate any unforeseen failures in the potable reuse treatment process, an added layer of protection anticipated to be required by the SWRCB. Due to the relatively small size of Lauro (approximately 300 AF) advanced treated effluent blended with surface water in the reservoir is currently designated a DPR application by the SWRCB. The SWRCB is currently discussing how to develop regulations for this form of DPR, but based on conversations with staff, is likely to take at least seven years to fully test various treatment processes and to develop regulations. SWRCB does leave open an option for individual agencies to develop a regulatory path concurrently with the SWRCB to approve a project. Given the uncertainty and costs of such a project it is not recommended that we proceed at this time until more information is known. The City of San Diego is moving forward under this framework. City staff will monitor San Diego’s efforts closely over the coming years. In December, the City was contacted by a group of California water agencies interested in assisting the SWRCB with development of direct potable reuse regulations. The DPR Coalition, as it has been coined, includes the City of Ventura, San Francisco Public Utility Commission, and Los Angles Department of Water and Power who are also actively considering direct potable reuse. The consensus of the group was that we could collective assist SWRCB in their development of regulations by providing tangible examples of projects being considered by water agencies. Therefore, the City is moving forward with the group with input from an NWRI assembled TAP and the Water Environment & Reuse Fountation, with the goal of presenting four project applications of DPR to the SWRCB. The cost to each agency for participating is $5,000, to cover travel and miscellaneous costs for the NWRI TAP. Carollo Engineers, who assisted the City with our Potable Reuse Study, has volunteered their staff time to assist in compiling the information on behalf of the group. On January 27, 2016, a public workshop was conducted by the TAP to receive comments on the SSI feasibility analysis. A summary of the findings were presented to the Council on March 22, 2016. That analysis is also available at the following website http://www.nwri-usa.org/santa-barbara-panel.htm. The information from both the SSI analysis and potable reuse study will be useful in identifying additional water supply opportunities and in assisting with the City’s next Long Term Water Supply Plan Update. In compliance with the RWQCB’s amendment to the City’s El Estero Wastewater Treatment Plant NPDES Permit, staff will give a presentation on the Subsurface Desalination Intake Initial Screening Analysis and Potable Reuse Feasibility Studies

http://www.nwri-usa.org/santa-barbara-panel.htm


Report to the RWQCB on May 11 or 12, 2017, in San Luis Obispo. The presentation to the RWQCB is the final requirement under the amended permit conditions. On February 16, 2017, this item was presented to the Water Commission and recommended to be submitted to City Council. PREPARED BY: Joshua Haggmark, Water Resources Manager/CT/RLR/kw SUBMITTED BY: Rebecca J. Bjork, Public Works Director APPROVED BY: City Administrator’s Office

Agenda Item No. 10



AGENDA DATE: March 7, 2017 TO: Mayor and Councilmembers FROM: City Attorney’s Office SUBJECT: Conference with City Attorney – Existing and Anticipated Litigation RECOMMENDATION: That Council: A. Hold a closed session to confer with the City Attorney regarding existing litigation

pursuant to Government Code section 54956.9(d)(1), and take appropriate action as needed.

The existing litigation is: • David Anduri, Sr. et al. v. City of Santa Barbara, et al., USDC Case No. 2:16-CV-

05461-MWF-SK • Rafael Baez v. Simon Valdez Burrusqueta, et al., SBSC Case No. 16CV02541 • Richard Burt, et al. v. City of Santa Barbara, et al., USDC Case No. CV1607340-

AG(AJW) • Socorro Cortes v. City of Santa Barbara, SBSC Case No. 16CV04061 • Patricia Dzukola v. City of Santa Barbara, SBSC Case No. 15CV04278 • Kendra L. Feshbach, et al. v. City of Santa Barbara, SBSC Case No. 16CV03385;

Related to SBSC Case No. 17CV00447 • Andrew Furst v. City of Santa Barbara, et al., USDC case No. 5:15-CV-02428

VAP(SPx) • Rolland Jacks v. City of Santa Barbara, et al., COA Case No. B253474 • Judy Johnson v. City of Santa Barbara, SBSC Case No. 17CV00709 • Theodore P. Kracke v. City of Santa Barbara, VSC Case No. 56-2016-00490376-CU • Pete Leyva v. City of Santa Barbara, et al., SBSC Case No. 16CV00963 • Roger McIntosh v. City of Santa Barbara, et al., SBSC Case No. 16CV05688 • Passion Moore v. City of Santa Barbara, et al., COA Case No. 15-55316 • Lizette Padilla-Lee, et al. v. Debbie Lux, et al., SBSC Case No. 1486999; Related to

Lizette Padilla-Lee, et al. v. City of Santa Barbara, SBSC Case No. 15CV04680 • Avelina Perez v. City of Santa Barbara, SBSC Case No. 16CV01235 • Yvette Waugh v. City of Santa Barbara, SBSC Case No. 16CV03844

Council Agenda Report Conference with City Attorney – Existing and Anticipated Litigation March 7, 2017 Page 2

B. Hold a closed session to confer with the City Attorney regarding anticipated litigation

pursuant to Government Code section 54956.9(d)(2)&(e)(3), and take appropriate action as needed.

The anticipated litigation is based upon: • Significant exposure to litigation arising out of the tort claim of Bridget Bryden • Significant exposure to litigation arising out of the tort claim of Sonya and Yvonne

Huerta (Joel Huerta) • Significant exposure to litigation arising out of the tort claim of Mitchell Kriegman • Significant exposure to litigation arising out of the tort claim of Mountain Air Sports /

SB Beach House, et al. • Significant exposure to litigation arising out of the tort claim of Eduardo Olide • Significant exposure to litigation arising out of the tort claim of 669 Del Parque Water

Main Break

C. Hold a closed session to confer with the City Attorney regarding anticipated litigation pursuant to Government Code section 54956.9(d)(4), and take appropriate action as needed. Initiation of litigation on one matter.

SCHEDULLING: Duration, 60 minutes; anytime REPORT: None Anticipated PREPARED BY: Ariel Calonne, City Attorney SUBMITTED BY: Ariel Calonne, City Attorney APPROVED BY: City Administrator's Office

march 7, 2017 agenda - santa...

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