Mubanda

I. FACTUAL AND PROCEDURAL BACKGROUND

The City’s Waterfront Department administers all matters pertaining to the Harbor and Stearns Wharf, a municipal pier on the eastern side of the Harbor. Scott Riedman, the City’s Waterfront Director, is responsible for the overall function of the Waterfront Department. The Santa Barbara Harbor Patrol (Harbor Patrol) is part of the Waterfront Department. Stephen McCullough served as the Harbor Patrol’s Supervisor between 2002 and 2018. The City leases space to numerous commercial tenants who do business in the Harbor. One such tenant is Blue Water, doing business as the Santa Barbara Sailing Center (“SBSC”). SBSC rents stand-up paddle boards (SUPs) and other watercraft to members of the public. At the time of Kabogoza’s death, SBSC was operating under a lease which required it to pay the City 10 percent of its gross receipts from rentals of non-crew operated vessels, including paddle boards.

2All statutory references are to the Government Code unless otherwise stated.

2 The Harbor has many longstanding artificial features, such as Stearns Wharf, the sandspit, buoys, channel markers and a dredged channel. The Harbor’s most notable features are…