City of Carpinteria
City Council Regular Meeting Agenda
Monday, January 10, 2022
Council Chamber, 5775 Carpinteria Avenue
5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
*Amended Agenda
IN RESPONSE TO THE GOVERNOR’S ISSUANCE OF EXECUTIVE ORDER N-07-21, WHICH FORMALLY RESCINDED CALIFORNIA’S STAY-AT-HOME ORDER ISSUED LAST IN MARCH 2020, EXECUTIVE ORDER N-08-21, AND SANTA BARBARA COUNTY HEALTH OFFICER ORDER 2021-10.3,
THE CITY OF CARPINTERIA HAS MADE THE DECISION TO PROVIDE BOTH INPERSON AND VIRTUAL ATTENDANCE AND PARTICIPATION OPTIONS AVAILABLE FOR THIS MEETING.
To minimize the potential spread of the COVID-19 virus, the County of Santa Barbara is requiring all individuals to wear face coverings while inside City Council Chambers, regardless of vaccination status.
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.) Please note that, per Health Officer Order 2021-10.3, the County of Santa Barbara requires all individuals to wear face coverings while indoors, regardless of vaccination status.
• View the meeting live through the City’s website (https://carpinteria.ca.us/cityhall/agendas-meetings) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 889 0390 2262.
Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the City Council Regular Meeting Agenda
January 10, 2022
discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes.
• Coordinate with the City Clerk to provide a live public comment (as either a general public comment or on a specific agenda item) by phone by sending an email to [email protected] by 12:00 P.M. on the day of the meeting and including the following information in your email: (1) the meeting date and agenda item (number and title) on which you wish to speak, (2) your full name, (3) your call back number and area code. During public comment on the agenda item specified in your email, City staff will make every effort to contact you via your provided telephone number so that you can provide public comment telephonically. Please note the City has the discretion to limit the speaker's time for any meeting or agenda matter. Typically, the practice has been 3 minutes per speaker on each item.
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's agenda website (https://carpinteria.ca.us/city-hall/agendas-meetings). Please reference the agenda item to which your comment pertains. Note that written comments will not be read into the record during the meeting.
Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.
Additionally, as the situation with COVID-19 continues to evolve, the City will provide updates on any changes to this policy as soon as possible. The public is referred to the City’s website at www.carpinteria.ca.us for the latest COVID-19 policies and information.
The City of Carpinteria thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus.
City Council Regular Meeting Agenda
January 10, 2022
Also, please note that Spanish interpretation will be available at the in-person meeting (but will not be available through the City’s Zoom webinar).
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS
1. Proclamation Recognizing 2021 Outgoing Santa Barbara Association of Realtors President Brian Johnson.
2. Proclamation Designating January 2022 as “Human Trafficking Awareness Month”.
3. Proclamation Designating January 2022 as Carpinteria Business Month.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.
CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.
PRESENTATIONS BY CITIZENS / PUBLIC COMMENT
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Public Comment period is limited to 15 minutes and divided among those persons desiring to speak. No person shall speak longer than three minutes; however, the Mayor may establish shorter periods based on the time available and/or the number of persons waiting to speak. Persons wishing to speak on a specific item will be recognized at the time the agenda item is considered. The audiovisual system in the Council Chamber is not available for speaker use during the general Public Comment period.
Please be aware that items on the consent calendar are considered to be routine and are normally enacted by one unanimous vote of the Council. If you wish to speak on a consent calendar item, or on a matter scheduled for consideration in a closed session at the end of City Council Regular Meeting Agenda
January 10, 2022
the agenda, please do so during the Presentations by Citizens/Public Comment portion of the meeting.
The City and the City Council are not responsible for the content of statements made during the public comment period, or the factual accuracy of any such statements.
AGENDA MODIFICATIONS: The City Council may modify the regular agenda by tabling items, adding urgency items to the agenda, or changing the order in which items are considered. Changes to the Consent Calendar are considered at the time the Consent Calendar is considered.
CONSENT CALENDAR:
4. Approve the minutes of the regular City Council meeting of December 13, 2021.
5. Receive and file the Expenditures for the period beginning December 4, 2021 and ending December 31, 2021.
6. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds.
7. Second Reading and adoption of Ordinance No. 750, adding Article V (Specific Regulations for Organics Waste Disposal, Reduction, Recycling, and Solid Waste Collection) to Chapter 8.08 (Integrated Waste Management) of the Carpinteria Municipal Code.
8. Adoption of the attached Resolution No. 6080, authorizing a change of signature on City bank accounts.
9. Approve Declaration of City-owned Property/Equipment as Surplus Assets.
ADMINISTRATIVE MATTERS:
10. Advance purchase of a prefabricated restroom building for installation at the future Carpinteria Skate Park located at City Hall, 5775 Carpinteria Avenue.
Recommendation: Authorize the City Manager to issue a purchase order for a restroom building for installation at the future Carpinteria Skate Park located at City Hall, 5775 Carpinteria Avenue. (This motion requires a roll call vote.) Staff Presenter: Matt Roberts, Parks, Recreation and Public Facilities Director a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
January 10, 2022
11. Resolution No. 6086, Authorizing the Execution of a Freeway Maintenance Agreement with the State of California Department of Transportation for the Highway 101 Carpinteria to Santa Barbara Project – Phase 4A.
Recommendation: Adopt Resolution No. 6086, authorizing the execution of a Freeway Maintenance Agreement with the State of California Department of Transportation for the Highway 101 Carpinteria to Santa Barbara Project – Phase 4A. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
12. Adoption of Resolution No. 6079, concerning authorization to submit the Local Coastal Program Planning Grant Round 7 Application to the California Coastal Commission (Coastal Commission) and execute necessary agreements for updating the City of Carpinteria Coastal Land Use Plan/General Plan and Zoning Ordinance.
Recommendation: Adopt Resolution No. 6079, authorizing the Community Development Director to submit a planning grant application to the California Coastal Commission for support of the Carpinteria Coastal Land Use Plan (CLUP)/General Plan and Zoning Ordinance updates, and to update related consultant services agreements. (This motion requires a roll call vote.) Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING: NONE
OTHER BUSINESS:
13. Certification of Sufficiency of the initiative petition titled “An Initiative Measure to Change and/or Readopt the City of Carpinteria’s General Plan Designation and Zoning Designation for Two Parcels of City-Owned Property (APN 004-105-011 and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element” (“Initiative”).
City Council Regular Meeting Agenda
January 10, 2022
Recommendation: Adopt Resolution No. 6081, accepting the City Clerk’s Certificate of Sufficiency of the Initiative Petition.
Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
14. Consideration of actions in response to the City Clerk’s certification of the results of the examination of the petition for the initiative measure titled “An Initiative Measure to Change and/or Readopt the City of Carpinteria’s General Plan Designation and Zoning Designation for Two Parcels of City-Owned Property (APN 004-105-011 and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element” (“Initiative”), including (1) adoption of the Initiative by ordinance or (2) calling an election and submitting the Initiative to the voters by either (a) placing the Initiative on the ballot for the City of Carpinteria’s (“City”) next regular election or (b) calling a special election.
*Recommendation: Either (1) adopt the Initiative by adopting Ordinance No. 751 (see Attachment A) and adopting Resolution No. 6096 (see Attachment B) or (2) submit the Initiative to voters by (a) placing the Initiative on the ballot for the City’s next regular election or (b) calling a special election. If the Council votes to submit the Initiative to voters, it must take the necessary actions to place the Initiative on the ballot for the City’s next regular election scheduled for November 8, 2022 or call a special election for April 12, 2022 or April 19, 2022.
Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
City Council Regular Meeting Agenda
January 10, 2022
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.
1. Representatives to Regional Agencies and Committees
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Clark/Alt. Carty)
b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Carty) c. Channel Counties Division, League of California Cities (Nomura/Alt. Lee) d. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.
Nomura)
e. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt.
Nomura)
f. Santa Barbara Joint Affordable Housing Task Group (Carty & Alarcon) g. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
h. Home for Good of Santa Barbara County (Clark/Alt. Alarcon) i. South Coast Youth Safety Partnership (Lee & Alarcon) J. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) k. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)
2. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Carty & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee & Alarcon)
d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Carty) f. City Council Finance/Budget Committee (Carty & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura/Alt. Carty) (PC: Benefield and Callender) (ARB: Reginato and Stein)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Clark & Lee) (PC:
Allen/Callender)
j. Public Facility Site Acquisition/Development Committee (Carty & Nomura)
3. Ad Hoc Committees
City Council Regular Meeting Agenda
January 10, 2022
a. Library Committee (Lee & Alarcon/Alt. Carty)
b. District Elections Committee (Alarcon & Clark)
c. COVID-19 Communications Committee (Clark & Nomura)
d. COVID-19 Recovery Committee (Carty & Lee)
e. Racial Equity and Social Justice Program Planning Committee (Nomura & Alarcon)
f. Harbor Seal Advisory Committee (Clark & Lee)
4. City Representatives on other Committees
a. Community Media Access Center (Gary Dobbins)
b. Santa Barbara Mosquito and Vector Management District (Joe Franken) c. Santa Barbara Metropolitan Transit District (Chuck McQuary) d. County Library Advisory Committee (Gail Marshall)
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
ADJOURNMENT
The next regular meeting of the City Council will be held January 24, 2022 at 5:30 p.m.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office.
This agenda was posted on Wednesday, January 5, 2022, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.
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PROCLAMATION
PROCLAMATION OF THE CARPINTERIA
CITY COUNCIL RECOGNIZ/NG 2021
OUTGOING SAA'TA BARBARA
ASSOC'A TION OF REAITORS
PRESIDENT BRIAN JOHNSON
WHEREAS, fhe Sanfa Barbara Association of REALIORS@ is celebrating 114 years of seruice to the localcommunities of Caryinteia, Summerland, Montecito, Santa Barbaia, Goteta and Gaviota; and
WHEREAS, during 2021, Santa Barbara Association of REALIORS@ President of the Board, Brian Johnson, has displayed his leadership skr//s in organizing a vaiety of events and fundraising campaigns to enhance the qualtty of tife for those who tive in these communities, in keeping with the 114year-old tradition; and
WHEREAS, President Brian Johnson helped secure $52,000 in cash donations from the Sanfa Barbara Association of REALIORS@ to help fund Friendship Cente6 and WHEREAS, President Brian Johnson persevered and led the organization through the continued upheaval and uncertainty of the COVID-I? pandemic; and WHEREAS, Bian Johnson supported the membership with constant communication and educational opportunities; and
WHEREAS, Presrdent Johnson provided peftinent and timely information to the community regarding the realestate profession; and
WHEREAS, President Bian Johnson crafted a change in the Ctear Cooperation rule that is within NAR policy, yet gives our members more freedom by clearly defining that it is permissible to answer questions from an agent's direct inquiry about an office exclusive tisting; and
WHEREAS, as a member of the National Association of REALIORS@, a Director for the Califomia Association of REALIORS@, and Directorfor Califomians for Homeownership, President Johnson has displayed his interest and participation in vaious govemmental andoutreach programs by speaking eloquently before govemment parties advocating for REALTORS@ and homeowners; and
WHEREAS, in addition to his many duties to the real estate community, Brian Johnson is the loving husband to Erin and father to Cistian and Elena; and NOW, THEREFORE, BE IT RESOLVED, that I as Mayor of the City of Carpinteia offer a deep appreciation for President Brian Johnson's ability to exhibit strong leadership and strength in character in seruice to his community and the membership of the Santa Barbara Association of REALTORS@ for the year of Two Thousand and Twenty One. lN WITNESS THEREOF, as Mayor, I have hereunto set my hand and caused the official seal of the City of Carpinteria, Califomia, to be affixed this 1Oth day of January, 2022
ATTEST,
Brian C. Banett,
Acting City Clerk
Wade T. Nomura, Mayor
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PROCLAMATION
A PROCLAMATION OF THE
CARPINTERIA CITY COUNCIL
DESIGN ATING JAN UARY 2022
AS ''HUMAN TRAFFICKING
AWARENESS MONTH"
WHEREAS, human trafficking is a form of modem slavery that occurs in every state, including Califomia, wherein victims are forced to work in various forms of labor exploitation including, but not limited to, commercial sex acfs and other servrbes that are induced through force, fraud, or coercion; and
WHEREAS, due to'rts isolated and discrete nature, many individuals across fhe globe are unawarc that trafficking exrcfs in their communities; and WHEREASI, 11rc estimated that more than 40 million people around the wodd are victims of human trafftcking; and
WHEREAS, Human Trafficking victims face a cruelty that has no place in a civilized world. lt is a cime that can take many forms, and one that tears at our socialfabric, debases our common humanity, and violates what we stand for as a country; and WHEREAS, increased education about how to identtfy human trafficking along with increased knowledge of in-state resources and servrbes for those affected by criminal exploitation can help decrease the number of future victims; and WHEREAS, fhe Santa Barbara County Human Trafficking Task Force is commifted to creating legalframeworks for investigating human trafficking and prosecuting those engaged in it; and
WHEREAST, fhe Santa Barbara County Human Trafficking Task Force has worked diligently to bing awareness to the fact that human trafficking occurs closer to home than one might think, and that Califomia ranks number 1 in the country forreported human trafficking cases,' and WHEREAS, Human Trafficking Awareness Month is an opportunity to recognize the critical role all Carpinteria residents play in preventing, reporting, and adjudicatingfheses heinous crimes; NOW, THEREFORE, l, MayorWade T. Nomura, do hereby recognize January 2022 as "HUMAN TRAFFICKING AWARENESS MONTH" in our CIW OF CARPINTERIA, and I callthis obseruance to the aftention of all our citizens. lN WITNESS THEREOF, I have hereunto set my hand and caused the Official Seal of the City of Carpinteia, Califomia, to be affixed this 1?rH day of January, 2022.
Wade T. Nomura, Mayor
City of Carpinteia
ATTEST:
Brian C. Banett, Acting City Clerk
City of Carpinteria
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PROCLAMATION
PROCLAMATION OF THE CARPINTERIA
CITY COU NCI L D ESIG N ATI N G
JANUARY 2022 AS CARPINTERIA
BUS"VESS MONTH
WHEREAS, the City of Carpinteria depends on the success of its localbusiness community to support vaious municipalservrbes with localtax dollars to enhance thequality of life of the people of Carpinteria; and WHEREAST, fhe local business communtty is a vital part of the grovvth and success of localschoolg area non-profits and volunteer projects featuing hands-on andfinancial support of many dedicated local business /eaders and their employees; and WHEREAS, the local business commun$ has been responsible for a significant amount of pivate sector employment opportunities within the community, helping toensure that our localworkforce remains competitive and strong; and WHEREAS, fhe City of Carpinteria increased support to localbusiness during the COVID-|9 pandemic through the COVID-|9 SmallBusrness Relief Grant Program, created the City Hub with information and economic resources for business, and handdelivered Public Health Officer Order information specific to the busrhess community;and WHEREAS; fhe Santa Barbara South Coasf Chamber of Commerce has represented localbusiness rnferesfs to help build a strong local economy and a positive qualtty of life; and
WHEREAS, Stnce 1912 a Chamber of Commerce has represented local busthess interests to help build a strong local economy and a positive quality of life; and WHEREAS, fhe Santa Barbara SoutlrCoast Chamber of Commerce works alongside the City of Carpinteria to create a bridge between localbusrness goals and those of the City's elected and appointed officials to implement positive economic, public health and safety, and environmentally protective public policies.
NOW, THEREFORE, BE lT RESOLWD, that in recognition of localbusinesses and the work of the Santa Barbara South Coast Chamber of Commerce, January 2022 is hereby designated as Carpinteria Busrness Month in the City of Carpinteia.
IN WITNESS THEREO,E as Mayor, I have hereunto set my hand and caused the official seal of the City of Carpinteia, Califomia, to be affrxed this 1@ day of Janudry,2022.
ATTEST:
Brian C. Banett, Acting City Cletu
Wade T. Nomura, Mayor
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, December 13, 2021
In-Person and Virtual
Acting City Clerk Brian C. Barrett noted for the record that in response to the Governor’s Executive Orders N-07-21 and N-08-21, the City of Carpinteria has made the decision to provide both in-person and virtual attendance and participation options available to the public for this meeting and additionally noted the protocols by which the public could participate and should one of the virtual attendance/viewing or public comment options be unavailable due to technological issues, the public is invited to take advantage of one of the other participation options available.
CALL TO ORDER
Mayor Nomura called the meeting to order at 4:02 pm.
ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark (arrived at 4:05 pm)
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Brian C. Barrett, Acting City Clerk
Laura Hernández, Human Resources/Risk Manager
PUBLIC COMMENT ON CLOSED SESSION MATTERS
There was no public comment.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR(S)
Government Code Section 54957.6; City Negotiator(s): Laura Hernandez, Human Resources Administrator and Dave Durflinger, City Manager; Employee Organization: Service Employees International Union (SEIU) Local 620
City Council Regular Meeting Minutes
December 13, 2021
TEMPORARY ADJOURNMENT TO CLOSED SESSION
Mayor Nomura temporarily adjourned to Closed Session at 4:03 pm.
CALL TO ORDER
Mayor Nomura called the meeting to order at 5:31 pm.
ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Brian C. Barrett, Acting City Clerk
Laura Hernández, Human Resources/Risk Manager
Michael Ramirez, Assistant City Manager
John L Ilasin, Public Works Director
Olivia Uribe Mutal, Program Manager
Erin Maker, Environmental Program Manager (present
via Zoom)
Steve Goggia, Community Development Director
Matt Roberts, Parks, Recreation & Public Facilities
Director
CLOSED SESSION REPORT
Human Resources/Risk Manager Hernández announced that there was no reportable action from the Closed Session.
PLEDGE OF ALLEGIANCE
Mayor Nomura led those present in the salute to the flag.
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Nomura temporarily adjourned the meeting at 5:34 pm.
City Council Regular Meeting Minutes
December 13, 2021
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Nomura reconvened the meeting at 5:44 pm.
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS
Emails distributed: Russell Ruiz
Motion by Councilmember Lee, seconded by Councilmember Carty, to approve the Proclamation Commending the Carpinteria High School Boys Water Polo Team for Winning the CIF Championships for the First Time in History. Upon voice vote, the motion carried unanimously. Mayor Nomura and the City Council congratulated and presented the Proclamation to the Carpinteria High School Boys Water Polo Team.
2. Proclamation Commending the Carpinteria High School Boys Water Polo Team for Winning the CIF Championships for the First Time in History.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Lieutenant Butch Arnoldi with the Santa Barbara County Sheriff’s Department provided an update on crime in the City.
CITY MANAGER’S REPORT
City Manager Durflinger introduced Michael Ramirez as the City’s Assistant City Manager.
Mr. Ramirez thanked staff and the City Council gave him a warm welcome.
PRESENTATIONS BY CITIZENS / PUBLIC COMMENT
There was no in-person public comment nor speakers via Zoom.
Emails distributed: Janet and Andrew Klimowich and Michelle Doyle AGENDA MODIFICATIONS: NONE
CONSENT CALENDAR:
Emails distributed: Russell Ruiz (for Agenda Item No. 6) Motion by Councilmember Lee, seconded by Vice Mayor Clark, to approve the Consent Calendar Item Nos. 3 through 6. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
City Council Regular Meeting Minutes
December 13, 2021
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
3. Approve the minutes of the regular City Council meeting of November 22, 2021 and the minutes of the special City Council meeting of November 29, 2021.
4. Receive and file the Expenditures for the period beginning November 13, 2021 and ending December 3, 2021.
5. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds.
6. Approve the term extension for an Operating Agreement between the City and California Department of Parks & Recreation concerning use and maintenance of portions of Carpinteria State Beach generally located adjacent the south end of Linden Avenue.
ADMINISTRATIVE MATTERS:
7. Amendment No. 2 to Agreement with West Coast Arborists, Inc. for a One-Year Term Extension and Increase to Related Costs to Provide Tree Maintenance Services.
Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Agreement with West Coast Arborists, Inc. for a one-year term extension to provide tree maintenance services in an amount not-to-exceed $144,577 for a total amended agreement amount of $648,179. (This motion requires a roll call vote.) Staff Presenter: John L. Ilasin, Public Works Director
There was no public comment.
Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to authorize the City Manager to execute Amendment No. 2 to the Agreement with West Coast Arborists, Inc. for a one-year term extension to provide tree maintenance services in an amount not-toexceed $144,577 for a total amended agreement amount of $648,179. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
City Council Regular Meeting Minutes
December 13, 2021
ABSTAIN: None
The motion carried unanimously.
8. Scheduling a special meeting of the City Council for consideration of the Annual Work Plan.
Recommendation: Schedule a special City Council meeting for consideration of the Annual Work Plan, to be held from 8:00 a.m. to approximately noon, Saturday, January 22, 2022.
Staff Presenter: Dave Durflinger, City Manager
There was no public comment.
Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to schedule a special City Council meeting for consideration of the Annual Work Plan, 8 a.m. to approximately noon, Saturday, January 22, 2022. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
PUBLIC HEARING:
9. City Council District Mapping, Second Pre-Map Hearing: Presentation around the principles of districting, opportunity for pre-map public input on communities of interest and city districts. Presentation from the public of any maps identifying communities, discussion of preferences of neighborhoods, geographic or other features that should be considered in drawing of public plans.
Recommendation: Receive the staff presentation, open the public hearing and receive public comment, close the public hearing and schedule the next meeting.
Staff Presenter: Dave Durflinger, City Manager, Olivia Uribe Mutal, Program Manager, and Sophia Garcia with Redistricting Partners (Ms. Garcia was present via Zoom) Mayor Nomura opened up the public hearing at 6:55 pm.
Emails distributed: Russell Ruiz
City Council Regular Meeting Minutes
December 13, 2021
Speakers via Zoom: Mike Wondolowski
Mayor Nomura closed the public hearing at 6:57 pm.
Motion by Councilmember Lee, seconded by Councilmember Alarcon, to receive and file the presentation and public comments received to date. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
10. Ordinance No. 750, adding Article V (Specific Regulations for Organics Waste Disposal, Reduction, Recycling, and Solid Waste Collection) to Chapter 8.08 (Integrated Waste Management) of the Carpinteria Municipal Code.
Recommendation: Approve Ordinance No. 750, waive further reading, introduce as read by title only, and continue to January 10, 2022 for second reading and adoption.
Staff Presenter: John L. Ilasin, Public Works Director, Erin Maker, Environmental Program Manager (Ms. Maker was present via Zoom), and Kim Nilsson with Solid Waste Solutions, Inc.
Mayor Nomura opened the public hearing at 7:22 pm and being there was no public comment, closed the public hearing at 7:22 pm.
City Manager Durflinger noted that since this was the first reading of Ordinance No. 750, there was no need to waive further reading as that will occur at the second reading of Ordinance No. 750.
Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to approve Ordinance No. 750, waive further reading, introduce as read by title only, and continue for adoption to January 10, 2022.
Mayor Nomura reminded staff’s modification to strike “waive further reading” from the motion.
Councilmember Alarcon amended the motion, and Vice Mayor Clark seconded the amended motion, to approve Ordinance No. 750, introduce as read by title only, and continue for adoption to January 10, 2022. The roll call vote on the amended motion was as follows:
City Council Regular Meeting Minutes
December 13, 2021
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
OTHER BUSINESS:
11. A report to the City Council pursuant to California Elections Code Section 9212 (“9212 Report”) analyzing the impacts and effects of a proposed "Initiative Measure to Change and/or Readopt the City of Carpinteria's General Plan Designation and Zoning Designation for Two Parcels of City-Owned Property (APN 004-105-011 and APN 004- 105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element" ("Initiative"). This Initiative was put forth by proponents in response to the Surfliner Inn Project.
Recommendation: Receive and file the 9212 Report analyzing the impacts and effects of the proposed Initiative measure.
Staff Presenter: Dave Durflinger, City Manager, Steve Goggia, Community Development Director, and Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber Schreck, LLP acting as City Attorney of the City of Carpinteria
In-Person Speakers: Amrita Salm and Susan Allen
Speakers via Zoom: Mike Wondolowski and Ted Rhodes
Emails distributed: Russell Ruiz, Beverly Palmer with Strumwasser & Woocher LLP Even though this item was a non-action item, Mayor Nomura requested a roll call vote to receive and file the 9212 Report analyzing the impacts and effects of the proposed Initiative measure. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The 9212 Report was received and filed.
City Council Regular Meeting Minutes
December 13, 2021
Mayor Nomura recessed to a break at 8:37 pm and reconvened the meeting at 8:42 pm.
The Council gave consensus to hear Agenda Item No. 13 before Agenda Item Nos. 12 and
14. 13. Presentation of the 2021 Carpinteria Valley Economic Profile.
Recommendation: Receive and file the 2021 Carpinteria Valley Economic Profile report and presentation by Mark Schniepp, Ph.D., Director of the California Economic Forecast Project.
Staff Presenter: Dave Durflinger, City Manager and Mark Schniepp, Ph.D., Director of the California Economic Forecast Project
Speakers via Zoom: Mike Wondolowski
Emails distributed: Russell Ruiz
Motion by Councilmember Lee, seconded by Councilmember Carty, to receive and file the presentation. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
12. Acquisition of real property located at 5467 Carpinteria Avenue (APN 001-070- 029, 003-280-006 and 003-280-007) totaling 0.61 acres.
Recommendation: Authorize the Mayor to sign the Purchase and Sale Agreement and other necessary documents to complete the acquisition of 5467 Carpinteria Avenue.
Staff Presenter: Matt Roberts, Parks, Recreation and Public Facilities Director There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Alarcon, to authorize the Mayor to execute the Purchase and Sale Agreement and other necessary documents to complete the acquisition of 5467 Carpinteria Avenue. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice City Council Regular Meeting Minutes
December 13, 2021
Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
14. Joining a national opioid litigation settlement.
Recommendation: Approve joining the national opioid litigation settlement and authorize the City Manager to submit the necessary participation forms.
Staff Presenter: Dave Durflinger, City Manager
There was no public comment.
Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to join the national opioid litigation settlement and authorize the City Manager to submit the necessary participation forms. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
LEGISLATIVE UPDATE:
City Manager Durflinger presented the usual attachments from the League of California Cities.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Councilmember Carty recognized the Carpinteria Lion’s Club for all they do throughout the year for the City and the Festival of Trees along with the Skate Park Foundation raised $47,000 for the Skate Park Project.
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the next regular City Council meeting of January 10, 2022.
City Council Regular Meeting Minutes
December 13, 2021
ADJOURNMENT
Mayor Nomura adjourned the meeting at 9:23 p.m.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, Acting City Clerk
City of Carpinteria
Cour.rcr- Aceruon SrRrr RepoRr
January 10,2022
ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning December 4,2021 and ending December 31, 2021.
STAFF RECO ENDATION
That the City Council accept this report concerning the current list of warrants pursuant to Carpinteria Municipal Code 2.08.150(F).
DISCUSSION
As part of each regular City Council agenda, a list of all checks (attached) dispersed since the last reporting period is presented to the City Council pursuant to C.M.C.
2.08.150(F). The report is provided for City Council and public information and serves as Staffs verification that the expenditures have been reviewed and are within budgeted appropriations.
FINANCIAL CONSI DERATIONS
The warrant register included as an attachment is designed to communicate fiscal activity since the prior reporting period. No action is requested as part of this report.
ATTACHMENTS
Attachment A: Warrant Register for the period beginning December 4,2021and ending December 31,2021.
Warrant Register
January 10,2Q22
Page#2
Staff contact: Alexiss Martinez, Accounting Tech
(805) 7 55-4422, AlexissM @ci. carpi nteria. ca. us
Staff contact: Licette Maldonado, Admin Services Dir.
(805) 7 55-4448, LicetteM @ci. carpi nteria. ca. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, DaveD@ci. carpinteria.ca. us
G : \Ad m i n Services\Staff Re po rt\Staff Report AP. docx Warrant Register
Carpinteria, CA
Date Range: t2/04/202I - t2/3Ll2O2L
Vendor Number
Payable #
Bank Code: AP Bank-AP Bank
Vendor Name
Payable Type Post Date
ACCESS CONTROL SECURITY, INC.
lnvoice L2/09/2O2L
ADVANTAGE TELECOM
lnvoice t2/09/202L
AFLAC
lnvoice 12/09/202I
PaymentDate PaymentType
Payable Description
L2/09/2O2L Regular
SECURITY AT VETS HALL EVENT 11106/21
t2/O9/ZO2t Regular
DEC21 EMERGENCY PHONE LINE SERVICES
PaymentAmount Number
210.00 too424
73.34 100425
648.0s LOO426
10,000.00 too427
7,004.00 100428
75.65 LOO429
285.00 100430
315.53 100431
5,872.50 LOO432
1,156.00 100433
148.00 100434
2,325.OO 100435
2r,969.24 100436
6,277.50 100437
80.55 100438
815.00 100439
266.56 100440
0043957
!3_0770
039616
72SlZ
ALCZS
26794
$a0!5342
30-Qp_1140_{
300015571
DEC21 001 3011. 028030701
829L47
.8_290E5
pEE2.!1949
p_q-c?l-3*61*E
DEC21 5544
"D_[C:16160
D8C21 209-188-2500-061589."5
tNV0003142
N.9"V?1lnqrvU_rMs
seJ"et P3F.Ml-uusSEP21 PREMIUMS
st N012828
tNV0003143
21.-785
9308985557
9309023255
BARTELASSOCIATES, LLC
lnvoice 12/o9/2o2L
T2/O9/2O2I Regular
NOVEMBER 2021 EMPLOYEE PREMIUMS
ALFATECH CONSULTING ENTERPRISES L2/O9/2027
lnvoice t2/O9l202t MAY21 PROFESSIONAL SERVICES
Regular
L2/09/202L Regular
ACTUARIAL SERVICES FOR GASB 75 DISCLOSURE REPORT
C3 INTELLIGENCE, INC I2/09/2O2I Regular
lnvoice t2/09/2021 NOV21 NEW EMPLOYEE BACKGROUND CHECK-RB CALIFORNIAASSOCIATION OF CODE ENFORCEMENTOFFICIt2/O9/2021 Regular tnvoice t2/09/2l2r 2022 CODE ENFORCEMENT DUES FOR R.A.
lnvoice L2/O9/202t 2022CODE ENFORCEMENT DUES FOR D.H.
tnvoice t2/o9/2021 2022CODE ENFORCEMENT DUES FOR H.M.
COX BUSINESS
lnvoice
EARTH SYSTEMS
lnvoice L2/o9/2o2L
lnvoice L2/09/202I
FIRST NATIONAL BANK OF OMAHA
lnvoice t2/O9/2O2t
lnvoice I2/O9/202t
lnvoice t2/O9/2O2t
lnvoice L2/O9/2O2L
L2109/2O21 Resular
L2/O9/2O2L DEC21-POOL & GARDEN INTERNET & PHONE
L2/09/2O2L Regular
SEP21 INSPECTION SERVICES FOR CARP PAVE REHAB PROJ
OCT21 INSPECTION SERVICES FOR CARP PAVE REHAB PROJ
L2/O9/ZOZI Resular
CREDIT CARD PAYMENT-SG
CREDIT CARD PAYMENT-LM
CREDIT CARD PAYMENT-DD
CREDT CARD PAYMENT-JL
L2/09/2O2L Resular
PHONE & INTERNET SERVICES FOR LG TOWER & BOATHOUSE
FRONTIER COMMUNICATIONS
lnvoice t2/O9/2O21
GUARDIAN
lnvoice
lnvoice
lnvoice
Lu3Ol2O2L
LO/3t/202t
09/30/202r
GOLD COAST WATER POLO CtUB
lnvoice t2/09/2O2L
t2/09/202t Regular
WATER POLO MEET ENTRY FEE.IO/3}/2L
L2/09/2027 Regular
NOV21 PREMIUMS
OCT21 PREMIUMS
SEP21 PREMIUMS
L2/O9/2O2I Regular
HDL SOFTWARE, LLC t2/o9/2o2t Regular
lnvoice L2lO9/2021 PROCESSING OF NEW ACCOUNTS, RENEWALS, TOT'S, STR'S
JOHN CROOKE
lnvoice
LAE ASSOCIATES INC.
lnvoice I2/O9/2O2L
LAWSON PRODUCTS INC
lnvoice L2/09/2O2L
lnvoice L2/O9/2O2L
L2/09/2021 Regular
L2/O9/2O2L REFUND FOR RETURN OF SWIM SUIT AT POOL
t2/09/2O2L Regular
UPDATE 5 YEAR CAPITAL IMPROVEMENT PROGRAM
MAYRA CARRILLO
lnvoice
GRAFFITI REMOVER
WHITE TRAFFIC MARKER PAINT
t2/O9/202t Regular
1NV0s03344" L2/O9/2O2L VETS HALL RENTAL & CLEANING DEP. REFUND LO-L6-2L 540.00 L0044t
79069
0076.';153
29389
00006
00007
40?{5-5-
N9147373
s_l1-1"
38829314
NAy?1 79Q?"Qlgfe_122
lr
-o"
v? I /g0na5 {"7-9?-4
Nqv2u!4247,1496g4
N"gv-? J. 79 0?s-5 S 9--6-5_5"9
N 9v_? I "18,_S"293 0 5 94_e,8
NOV21 70j27483j982
N oY? 1 Z 00?"9.1*3_f 94"5 ?
No_v?l_7Q0:-1.95_;!.9?{94
NOV2.1 700465507084
tllp"-v*?1"7-0".p."4/-7_gg2-?p_5
NOV21 700s25378417
"t!gw*t0-9-6--51_4_?2Q0"7_
NOV2'I 014 914 3239 7
N0v-?1'8$" 91,3" 950q 6
3il93"1S0""316
58724
r NV00030 74.
"1039
0-?5:,.140?1FA
B03{:"4"5_*
ga{5?asa
8q452084
80466973
178865
MNS ENGINEERS INC
lnvoice t2/09/2o2t
MOFFATT & NICHOL
lnvoice L2/09/2O2L
MOSS, LEVY & HARTZHEIM LLP
L2/O9/2O2L Regular
SEP21 PROJ OVERSIGHT SERVICES FOR HWY 101 PHASE 4
tzlog/zlLt Regular
OCT21 PROJECT MANAGEMENT FOR DUNE & SHORELINE PROJ
2,415,00 t00442
LL,I94.25 100443
5,000.00 to0444
7,091.88 100445
3,300.00 Loo446
626.29 100447
552.65 100448
399.00 100449
22,206.49 1004s0
4,500.45 100451
4,934.75 100452
216.92 1004s3
248.00 100454
232.78 1004ss
2,405.00 1004s6
t4,57L.34 100457
4,374.L3 100458
3,900.00 1004s9
184
12/O9/2O2t Resular
lnvoice 12/O9/202L AUDIT SERVICES TO DATE
PACIFIC CIVIL SOLUTIONS I2/O9/202L Regular
lnvoice 12/09/2021 OCT21 CONSULTANT SERVICES FOR CARP PED BRIDGE lnvoice I2/O9/2OZL NOV21 CONSULTANT SERVICES FOR CARP PED BRIDGE POLICORE lNC. L2/09/202I Regular
lnvoice L2/09/202L lT SERVICES FOR OCTOBER 2021
QUADIENT LEASING USA lNC. I2/O9/202t Regular
lnvoice 72/O9/2O2L DEC-MAR21 LEASE PAYMENT FOR C.H. POSTAGE MACHINE RISDON'S 76 SERVICE 12/09/202t Regular
lnvoice 12/O9/2O2t TRUCK 321 BRAKES REPLACEMENT, WHEEL ALIGNMENT SHOWSCAPES 12/09/202L Regular
lnvoice L2/O9/202I PUBLIC WORKS DOWNTOWN T COLOR CHANGE SO CA EDISON L2/09/2O2L Regular
lnvoice L2/O9/202L ELECTRICW-l01 ASH AVE
lnvoice l2/09/2O2L ELECTRICITY-S1O3 CARPINTERIA AVE
lnvoice 72/O9/202L ELECTRICIW-I CARPINTERIA TCl
lnvoice L2/O9/2O2I ELECTRICIry-1oo LINDEN
lnvoice L2/O9/2O2L ELECTRICITY-1115 LINDEN B PED
lnvoice L2/O9/202t ELECTRICITY-9OI CACTUS LN EV EV
lnvoice I2/O9/202I ELECTRICITY-MULTIPLE LOCATIONS
lnvoice L2/09/2O2I ELECTRICITY-MULTIPLE LOCATIONS
lnvoice L2/09/2O2L ELECRICITY-495O gTH ST BT HM
lnvoice L2/O9/202L ELECTRICITY-9OI CACTUS LN LGHT
lnvoice L2/O9/202t ELECTRICITY-931 WALNUT AVE & 4851 sTH ST SO CALGAS I2/O9/2O2L Regular
lnvoice L2/O9/2O2L NATURAL GAS-5305 CARPINTERIA AVE APT B (POOL) lnvoice I2/O9/2O2L NATURAL GAS-5103 CARPINTERIA AVE(FRIENDS OF LIBR) lnvoice I2/O9/2O2L NATUML GAS-5775 CARPINTERIA AVE (CITY HALL) SOLID WASTE SOLUTIONS INC 12/O9/2O2L Regular
lnvoice L2/O9/202L ANNUAL REPORT PREP & CALRECYCLE GRANT REPORT STAPLES ADVANTAGE t2/09/202t Regular
lnvoice L2/09/2O2I CALENDARS FY22
STEWART'S DE-ROOTING & PLUMBING L2/O9/2O2I Regular
lnvoice L2/O9/202L PLUMBING AT EL CARRO BATHROOM
TIMOTHY ROBINSON L2/O9/202t Regular
lnvoice I2/09/2O2L REFUND DEPOSIT/PROJECT BALANCE
TKM ENGINEERING L2/O9/202L Regular
lnvoice I2/O9/2O2L NOV21 RESEARCH & REPORTING FOR TRAFFIC SAFETY COM TYLERTECHNOLOGIES, lNC. L2/O9/2O2L Regular
lnvoice L2/o9/202L SOFTWARE MAINTENANCE LO/OL/2O2L-09/3O/2O22 WAXIE SANITARY SUPPLY I2/09/2O2L Regular
lnvoice L2/09/202L PAPER TOWELS, WIPES BUCKETS, REFILL ROLLS, NITRILE lnvoice L2/O9/2O2I PAPER TOWELS, WIPES BUCKETS, REFILL ROLLS, NITRILE lnvoice L2/O9/2O2L DOG BAGS FOR ALL PARKS, WAXIE 2-PLY TOILET PAPER lnvoice 12/09/202I DOG BAGS FOR ALL PARKS
WEST COAST ARBORISTS, lNC. t2/09/212t Regular
lnvoice t2/O9/202L EMERGENCYTREEREMOVALATELCARROTO/L6-LO/3L/2L WESTAIRE HEATING & CONDITIONING, lNC. t2/09/2O2L Regular "1C11"s- lnvoice L2/O9/2O2L EOC CITY HALL H-VAC REPAIRS 49L.32 100460
9424454
7611{gs_8
s58582825
,2*Q_2*1-Q4f_Z
eErc52u9-2_Z
7L202t
3003
.Qrc_?1_8593
DEC21 9003
l,UJ
c4c12072027
.rxuaa93"13"6
71.94 Nyssa-3_rg"
\ZLLIj402
eu59
l:Aa:0i269391"
2724
WESTERN EXTERMINATOR COMPANY T2/O9/202L REgUIAT
INVOiCE t2/O9/202T NOVEMBER 2021 PEST CONTROL AT VETS HALL WEX BANK (76)
lnvoice
L2/09/2O21 Resular
L2IO9I2O2I NOV21 FUEL FOR CITY VEHICLES
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTION I2/O9/2O2L Regu|aT lnvoice L2/09/202t DUNE & SHORELINE PROJECTSERVICES THROUGH tO/Ot/2|
65.40 100461
438,69 t00462
1,351,50 100463
2,500.00 100464
10,800.00 100465
7,750f0 100466
1,291.00 700467
8,489.86 100468
5,000.00 100469
2,s06.00 100470
483.50 t0047L
5,550.00 LO0472
9,763.L6 L00473
600.00 Loo474
2,100.00 Loo475
95.00 LO0476
150.00 100477
497.34 100478
ZWORLD GIS
lnvoice L2/0s/202L
L2/O9/2O2| Regular
MAPPTNG/GlS SERVTCES
t2/L0/202t Regular
2021 CARPINTERIA VALLEY ECONOMIC PROFILES SERVICES
CALIFORNIA ECONOMIC FORECAST
lnvoice L2/LO/2O2I
CARP EVENTS
lnvoice 12/Lol202t
t2/tO/2O2L Regular
2021 HOLIDAY SPIRIT PARADE SERVICES
t2/LO/202t Regular
NOV21 WEBSITE DEVELOPMENT FOR CITY WEBSITE
EVERYWHERE RIGHT NOW
lnvoice L2\O/2O2L
FIRST NATIONAL BANK OF OMAHA L2/IO/202I
lnvoice t2/t0/202t CREDIT CARD PAYMENT-MR
lnvoice L2/L0/2O2L CREDITCARD PAYMENT-LH
Regular
RED|STR|CTING PARTNERS t2/ro/2o2r
lnvoice I2|LO|ZOZI DISTRICT-R PURCHASE
Regular
SANTABARBAMCOUNTY,BEHAVIORALWELLNESS L2/L0/202t Regular lnvoice t2/L0/202L FY2t-22 MENTAL HEALTH ASSESSMENT TEAM SERVICES TWO TRUMPETS COMMUNICATIONS t2/IO/2O2t Regular
lnvoice I2/L0/2O2L OCT21 COMMUNICATIONS SERVICES
VANTAGEPOINT TMNSFER AGENTS - 457 L2/L0/2O2L Regular
lnvoice t2/tO/2O2L FY22 CITY MANAGER AGREEMENT ICMA CONTRIBUTIONS
SANTA BARBARA SWIM CLUB
lnvoice L2/L0/202L
VIDIFLO, LLC
lnvoice
L2/I0/2O2L Regular
swrM MEET L0/9-10/L0/2r ENTRY FEES
12/16/202L Regular
POOL BLEED VALVES ON FILTER TANKS
TOOL HANDZ GLOVES, PLASTIC PLUG
P/T-FLAT BACK, ACETONE, BRUSH, SET POLY, FOAM
PRESSURE TREATED WOOD FOR VIOLA NEW SIGN
CROSSBAR, LOCKNUT BRASS, 8CD NIPPLE
LIQUID NAILS FOR POOL
FAST SEfiING CONCRETE, MIXR PAINT
PLASTIC PLUG W/SCR, PHILLIPS 2" FOR LIBRARY SIGN
PRESSURE TREATED WOOD FOR STREET SIGNS
EPOXY WITH NOZZLE
MISC HARDWARE FOR POOL
PAINTING MATERIALS FOR GRAFFITI COVER UP
EXPOXY
MARKING CHALK FOR ROW
POWERARC SHEARS 10"
BLACK TAPE FOR DOWNTOWN TREE LIGHTS
HOSE, BATTERY LITH, GRAY TARP COVER
NO.KINK HOSE
2.8 DAP SILICONE CLEAR SEAL TO REPLACE GLASS
MISC HARDWARE FOR XMAS TREE
L2/LO|\O2I Regular
T2/LO/202L NOVEMBER2O2l GATVSYSTEM MAINTENANCE
ALL LANGUAGES TNTERPRETTNG & TRANSLATTNG tNC. L2/16/2O2t Regular lnvoice t2/t6/2O2L 2 SPANISH INTERPRETERS FOR NOV COUNCIL MEETINGS ASBURY ENVIRONMENTALSVCS L2/t6/2O21 Regular
lnvoice I2/t6/2O2t DISPOSAL OF USED OIL/MIXED OILS-L0/26/21 CALIFORNIA MUNICIPAL REVENUE & TAX ASSOCIATION t2h6/2O2L Regular lnvoice L2/t6l2o2l MEMBERSHIP RENEWAL FOR LM, RB & AM
-403:-61
463887
{,84? !3
t6A4s6
464472
394633
3C40:8
464664
L63-LtS
494E2q
464883
Llxa
_46504{
465I45
ts":505
!o5s2z
465625
{0555C
{05"s33
465832
CARPINTERIA VALLEY LUMBER CO
lnvoice L2/L6/202t
lnvoice L2/t6/202L
lnvoice L2/L6/202L
lnvoice L2/L6/202t
lnvoice t2/L6/2o2L
lnvoice I2/L6/202t
lnvoice t2/t6/2lZt
lnvoice L2h6/2O21
lnvoice t2/t6/2o21
lnvoice L2/I6/2O2L
lnvoice t2/76/2o2t
lnvoice I2h6/202L
lnvoice L2/L6/2O2L
lnvoice r2/L6/202L
lnvoice L2/LG|202L
tnvoice t2/t6/202L
lnvoice L2/L6/202t
lnvoice t2/L6/202t
lnvoice I2lI6l2OZt
lnvoice 12/16/2021
CAff EL"I."Y !\IAYJT 5-EBV-LEE
1ft"Ygp..Q"l0_88
sZ7-letr7"718_
57797
p€c21 001 3011" 022093901
rNV0003150
2051831
03345
]24423
B[C21 80s.684 7ffi
:180.00054'13
9747A76L31
5rNS133q
5$rp_1""33C3
'78507
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2.t4832
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CARPINTERIA VALLEY WATER DISTRICT
lnvoice L2/r6/2021
CITY OF SANTA BARBARA, CD-RHMP
lnvoice L2/L6/202L
COASTALVIEW NEWS
lnvoice t2/L6/202L
lnvoice 12/16/2021
lnvoice L2/t6/202t
COX BUSINESS
lnvoice L2/L6/2I2L
DALE REDFIELD
lnvoice L2/L6/202I
DEWBERRY ENGINEERS INC.
lnvoice L2/L6/202L
ENCOMPASS CONSULTANT GROUP, INC
lnvoice t2/t6/202L
FOREVER REDWOOD
lnvoice t2/L6/2O21
FRONTIER COMMUNICATIONS
lnvoice L2/16/202L
GHD INC.
lnvoice L2/t6/2O2!
GRACENOTE
lnvoice L2/I6/2O2I
HINDERLITER DE LLAMAS
lnvoice L2/L6/2O2L
lnvoice I2/L6/2O2L
IMPULSE ADVANCE COMMUNICATIONS
lnvoice 12/16/202L
LIN CONSULTING INC.
lnvoice L2/L6/2O2L
MCCORMIX CORP
lnvoice I2/L6/2O2|
MEARS DESIGN GROUP
lnvoice L2/t6/2O27
MISSION UNIFORM SERVICE
lnvoice 12/L6/2O2L
lnvoice t2/t6/202L
MRS ENVIRONMENTAL, INC
lnvoice L2/16/2O2I
RRM DESIGN GROUP
lnvoice 72/L6/2o2L
t2/t6/2O2L Regular
L2/L6/2O2I Regular
WATER SERVICE AT MULTIPLE LOCATIONS
t2/L6/202L Regular
ANNUAL CERT OF COMPLIANCE, REFIN./PURCH. TRANSAC'S
I2/L6/202L Regular
NOTTCE OF pUBLTC HEARTNG ADVERTTSTNG-1t/Lt & LL/L8
NOTTCE OF PUBLTC HEARTNG ADVERTTSTNG LL/2s/2O2t
ORDINANCE NO. 749 ADVERTISING DEC 2 2021
L2/L6/2O2I Regular
DEC2I-CITY HALLTV & INTERNET SERVICES
L2/L6/2O2L Regular
LIBRARY CONSULTANT SERVTCES tL/Lsl2! - tt/24/2l
t2/L6/2O2t Regular
NOV21 PROJECT SERVICES FOR CARP AVE BRIDGE PROIECT
I2/16/2O2L Regular
NOV21 ENGINEERING SERV. FOR 2021 CARP PAVE REHAB
L2/L6/2O21 Regular
MEMORIAL BENCH LUNA WOOD
I2/L6/202L Regular
PHONE & INTERNET SERVICES FOR LG TOWER & BOATHOUSE
t2/[6/2OZL Regular
NOV21 LOCAL ROAD SAFETY PLAN
L2/I6/2O2L Regular
DEC21 LISTING DISTRIBUTION SERVICES
t2/L6/202t Regular
CONTRACT & AUDIT SERVICES - SALES TAX Q2 2021
CONTRACT SERVICES-TRANSACTIONS TAX Q2 2O2L
12/I6/2OZL Regular
DECEMBER 2021 PHONE SERVICES STATEMENT
L2/L6/2O21 Regular
NOV21 DESIGN SERVICES FOR CARP X PALM AVE INTERSEC
L2/L6/202L Regular
FUEL FOR CITY VEHICLES
L2/16/202I Regular
NOV21 CONSTRUCTION DOCUMENT FOR SKATEPARK
L2\6/2O2L Regular
MAT & TOWEL REPLACEMENT, MAINTENANCE UNIFORM CLEAN
MAT REPLACEMENT, MAINTENANCE UNIFORM CLEANING
I2/t6/202t Regular
OIL & GAS ON CALL ENVIRONMENTAL SERV. NOV21
L2/L6/202L Regular
NOV21 DOWNTOWN DESIGN OVERLAY PROGRAM SERVICES
MUNICIPAL CODE CORPORATION L2/L6/2O2L Regular
lnvoice t2/L6/2o2L ONLINE MUNICODE HOSTING L2/L/2'21TO LL/3O/2022 NACA-NATIONALANIMALCARE&CONTROLASSOCIATTON I2/L6/2O2L Regular lnvoice L2/L6/202t 2022 MEMBERSHIP AGENCY RENEWAL
OPTONY lNC. L2/L6/2O2L Regular
lnvoice I2/76/202t NOV21 PROJECT SERV, FOR CITY HALL SOLAR ENERGY ROCKWELL PRINTING L2/L6/2O2L Regular
lnvoice L2/L6/2O2L NO PARKING ROW SIGNS
- t00479
13,950.93 100480
6,000,00 100481
L,L82.O0 100482
418.40 100483
115.00 100484
L,451.I2 100485
542.s0 100486
2,47L.33 700487
144.65 100488
2,247.OO 100489
71.3t 100490
L,274.68 100491
L,600.74 L00492
14,401.80 100493
95.16 100494
1,200.00 100495
L84.42 100496
10,970.00 Loo497
650.00 100498
150.00 100499
5,968.00 100500
160.03 100501
2277:9IJJ?]'
2,6L2.50 100s02
3_8329,L13
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SHOWSCAPES
lnvoice t2/L6l2O2L
lnvoice L2h6/202L
SO CA EDISON
lnvoice
SO CAL GAS
lnvoice
STAPLES ADVANTAGE
lnvoice I2/L6/2O2\
SITEONE LANDSCAPE SUPPLY (ALLAROUND) t2/16/2O2L Regular INVO|CC 12/t6/2O2L ROUNDUP PROMAX NON SELECTIVE LIQUID HERBICIDE 1,67 lnvoice !2/L6/2O2L VALVE FOR DOWNTOWN T IRRIGATION BOX
lnvoice 12/t6/2027 FERTILIZER
L2/L6/2O2L Regular
TRUNK INJECTION TREATMENT ON 8TH STREET TLlT2/21
MONTHLY LANDSCAPE SERVICES THROUGHOUT CITY
LETTER TRAYS & PAPER
t2/L6/202L Regular
uNrr 090s RENT t2/23/2L - t/22/27
L2/LGl202t Regular
COLOR SCANNING, DE/REBIND, PDF EXTRACT, FILE RENAM
COLOR SCANNING , SMALL FORMAT, PDF EXT, FILE RENAM
L2/L6/202L Regular
12/t6/2o2t Pay Period #25
12/16/202t
L2/t6/202t Employee Union Dues Contribution
Regular
Regular
Regular
19,450.00 100503
2,862.42 100504
41.33 100505
209.36 100506
68.65 L00507
390.00 100508
139,06 100509
30,000.00 100s10
264.78 100511
7t3.79 100512
44.8r 100513
2,140.oo 100514
8,940.30 100515
1,200.00 100516
245.39 100517
24.OO 100518
4,830.32 100519
74.84 100520
397.50 100521
200.00 Lo0s22
345.00 100523
t2/t6/2o2t Regular
L2/L6/202L ELECTRTCTW-CApp AV/CSTS PAS 609
I2/L6/2O2I Regular
12/ !6/202L NATURAL GAS.941 WALNUT AVE (VETS HALL)
L2/t6/2OZt Resular
UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNII 12116/2021 Regular INVO|CE I2/L6/2O2T NOV21 NEWTICKETCHARGES & DATABASE MAINTENANCE lnvoice t2/t6/2O2I NOV21 CA STATE FEE FOR REGULATORY COSTS
THE STOMGE PLACE
lnvoice L2/t6/202t
TRI-CO REPROGRAPHICS
lnvoice t2lL6/2o2t
lnvoice L2/r6/2O21
TVSB
lnvoice
VILLAGE POOL SUPPTY
lnvoice L2/\6/2O2L
lnvoice L2/I6/2O2L
lnvoice L2/16/2o2t
ADELE GOGGIA
lnvoice
SEIU LOCAL 620
lnvoice
ABSOLUTE ROOFING
lnvoice L2/L6/202t
BLANCA MORA
lnvoice
DATA TICKET INC
lnvoice
GREGORIA REYES
lnvoice
t2/t6/2O2I Regular
L2IL6/202L 2022 ANNUAL TV SANTA BARBARA PUBLIC ACCESS FUNDING L2/t6/202L
GALLON OF ACID
GALLON OF ACID, TEST STRIP
GALLON OF ACID
Regular
VITAL RECORDS CONTROL 12/t6/2j2t Regular
lnvoice t2/t6/2lZt NOV21 CONTRACTED SHREDDING SERVICES
WALKER CONSULTANTS I2/L6/2O2I Regular
INVO|CE L2/T6/2O2L NOV21 PROFESSIONAL SERVICES FOR CARP DWNTN PARKING WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTION I2116/202T RCgUIAT lnvoice L2/L6/2O21 DUNE & SHORELINE PROJ ECT SERVICES TH ROUGH 7I/26/2t UNTTED WAY OF SANTA BARBAM COUNW 12/L6/2O2t
lnvoice t2/t6/2ozt Employee United Way Contributlon
VANTAGEPOTNT TMNSFER AGENTS - 457 L2/t6/2O2r
lnvoice t2/L6/2O2t ICMA Employee Contributions
lnvoice L2/L6/2O2L ICMA Employee Contributions
tnvoice t2/L6/202L ICMA Employee Contributions
lnvoice I2/L6/202I Deferred Compensation Contribution
L2/L6/2O21 Regular
REFUND FOR G.P SURCHARGE FEE ERROR
L2/L6/2O2| Regular
12h6/2O2T SECURITY REFUND, RESERVATION/DEPOSIT REFUND VETS 12/76/202L Regular
L2/L6/2O2L OCTOBER 2021-ONLtNE ACCESS TO C|TATTON PROCESSTNG L2/L6/2O27 Regular
tNv88S3l_&1 t2/L6/2O2r VETS HALL DEpOSrr REFUND L0/O9/2O2L ROD BALTAZAR L2/t6/202L Regular 110.29 LOO524
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t,2J2"21?9,11
1?12.21?9?L
2p99,27
207436
3124967*43
332495:t3!_
3-3"2S.S"53C8
333359990
.1,p"_4"??5?4C
335?8-5".?32
3366456Q1
t.)./2zlz02r
2134
5L59981,?ll
510.052"2""-1,9
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ACCESS CONTROL SECURITY, INC.
lnvoice L2/22/2O2I
AQUASOURCE
lnvoice
AT&T MOBILITY
lnvoice
BASIC
lnvoice
BAY ALARM
lnvoice
BIG GREEN CLEANING COMPANY
lnvoice t2/22/2O2L
lnvoice 12/22/202L
lnvoice L2/22/2O2t
lnvoice I2/22/2O2L
COX BUSINESS
lnvoice
ELVIRA CARDENAS
lnvoice
72/ 16 / 2O2L pETTY CASH DRAWER REpLENTTSH M ENT t2/ L6 / 2t L2/22/2O21 Regular
sEcuR|TY AT VETS HALL EVENT 11/13-27 /21 L2-O4/2L
L2/22/202L Regular
L2/22/202L BLUETABLETS FOR POOL
L2/22/202t Regular
72/22/2O2L CrTy HALL MONTHLy PHONE BtLL-NOVEMBER 2021
L2/22/202L Regular
L2/22/2O2t NOV21 MONTHLy FSA ADMTN FEE
L2/22/2O2L Regular
L2 / 22 / 202r pOO L ALA R M S E RV I CES Ot I OL / 2O22-O4 / OL / 2022 982.s0 100525
s,362.80 100526
353.47 L00527
95.00 100528
186.75 100s29
3,183.00 100530
238.62 100531
68,863.00 100532
1,249.52 100s33
135.94 100s34
269.s0 10053s
382.50 100s36
675.00 100s37
322.50 100s38
3,3s8.50 100s39
2,439.38 100s40
300.00 100541
1,625.00 100542
86.22 100s43
t2/22/2O2L Regular
DEC21 CONTRACTED JANITORIAL SERVICE-5103 CARP AVE
DEC21 CONTRACTED CTEANING SERVICE-CITY & VETS HALL
EMERGENCY CLEAN UP AT EL CARRO RESTROOMS LL/30/2I
JANTTORTAL SERVTCES AT POOL-7L/ 15/2L
BOB MURRAY & ASSOCIATES L2/22/2O2L Regular
lnvoice L2/22/2O2L NOV21 RECRUITMENT SERVICES FOR ACM
BROWNSTEIN HYATT FARBER SCHRECK I2/22/2O2t Regular
lnvoice t2/22/202L PROFESSIONALLEGALSERVICESTHROUGH LL/3O/202I lnvoice L2/22/202L PROFESSIONALLEGALSERVICESTHROUGH 11/30/202I CANON FINANCIAL SERVICES, INC t2/22/2O21 Regular
lnvoice I2/22/202L CANON 5760 & CANON 6275 PRINTERS AT C,H. LEASE DALE REDFIELD L2/22/2O2t Regular
lnvoice I2/22/202L LIBRARY CONSULTANT SERV|CES 12/6/2t-L2/LS/Zt DAVID GRAHAM SWIM MEET t2/22/202L Regular
lnvoice I2/22/202L SWIM MEET LL/6-71/7/2LDUES
L2/22/2O21 Regular
12/22/ 2021 DEC2I.-VETS HALL TNTERNET SERVTCES
t2/22/2O2L Regular
t2/22/ 202L REFUND OF VETS HALL CLEANTNG DEpOStT-rz/ t8/2L
ISELA VERDUZCO
lnvoice
LIEBERT CASSIDY WH ITMORE
lnvoice 12/22/202I
lnvoice t2/22/2O2L
L2/22/2O2t Regular
L2/22/202L REFUND OF VETS HALL CLEANTN G DEpOSt't-Lr/2O/2L t2/22/202L Regular
PROFESSIONAL LEGAL SERVICES TH ROUGH TO/3L/ 2I
PROFESSIONAL LEGAL SERVICES TH ROUGH TO/3T/2L
LOWE'S
lnvoice
lnvoice
lnvoice
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L2/22/2O2t
L2/22/2021
L2/22/2021
12/22/202r
t2/22/202L
12/22/202r
L2/22/202L
L2/22/202L Regular
WOOD, TRIM & TAPE FOR CITY HALL KIOSK
PAINTING MATERIAL FOR PARK RSTRMS, WOOD FOR KIOSK
PAINTING MATERIAL FOR PARK RESTROOM REPAINT
PAINT FOR PARK RESTROOMS, TOOLS FOR PARKS TEAM
PAINT FOR PARK RESTROOMS, TOOLS FOR PARKS TEAM
PEBBLES & PAINT FOR POOL LIGHT FIXTURES
PAINT FOR PARK RESTROOMS
L2/22/202I Regular
MAT & TOWEL REPLACEMENT AT CIT'( HAIL-LI/29/2L
MAT & TOWEL REPLACEMENT AT CfiY HALL-12/06/27
MAX SANTILLAN L2/22/2O2t Regular
lnvoice L2/22/2O21 REFUND OF VETS HALL CLEANTNG DE?OS|T-LZ/O4|2L MEARS DESIGN GROUP L2/22/2021 Resular
lnvoice L2/22/2O2L OCT21 CONSTRUCTION DOCUMENT FOR SKATEPARK
MISSION UNIFORM SERVICE
lnvoice L2/22/202L
lnvoice I2/22/2O2t
OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, AMEDT'L2/22/2O2L Regular 73313686 lnvoice t2/22/2021 PREPLACEMENT HEALTH FOR M,R.
84.00 100544
03093273
03093306
PROJECT SUPPORT SERVICES INC,
lnvoice L2/22/202I
lnvoice t2/22/2o2t
RISDON.S 76 SERVICE
lnvoice L2/22/202L
lnvoice L2/22/2O2L
lnvoice t2/22/2o21
lnvoice L2/22/2O2I
lnvoice t2/22/2o2L
ROCKWELL PRINTING
lnvoice L2/22/202L
L2/22/2O2L Regular
OCT21 PROJECT SERVICES FOR POOL MULTIPURPOSE ROOMS
NOV21 PROJECT SERVICES FOR POOL MULTIPURPOSE ROOMS
12/22/202I Regular
cAR WASH FOR CODE COMPLTANCE UNtT #250 LL/L4/2L
cAR WASH FOR CODE COMPLTANCE UNtT #255 ttlt4lzt
cAR WASH FOR UNrT #121 FORD FUSION rL/22/202t
cAR WASH FOR UNrT #120 FORD C-MAX tr/22/2j2r
TRUCK 321 BRAKES REPLACEMENT, WHEELALIGNMENT
12/22/202L Regular
BUSINESS CARDS FOR L.S.
L,437.50 100545
642.65 100546
45.78 t00547
40s,432.7t 100548
210.00 100549
415.00 100550
7,799.50 10055L
15.44 100552
150.00 100553
133.56 100s54
703.37 100555
229.66 100ss6
300.00 100557
237.47 100558
24.OO 100559
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SANTA BARBARA PEST CONTROL
lnvoice t2/22/202L
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lnvoice L2/22/2o2L
SHAWN WARNICK
lnvoice
12/22/2O2L
NOV21 PEST CONTROL AT CITY HALL
NOV21 PEST CONTROL AT VETS HALL
DEC21 PEST CONTROL AT POOL
SANTA BARBARA COUNTY, SHERIFF'S DEPT I2/22/2O2I Regular rnvoice L2/22/2O2L FY22 SUMMER OVERTIME 6/L8/2L-Lo/o3/2I lnvoice L2/22/202t LAW ENFORCEMENT SER. FOR NATIONAL NIGHT OUT 8/3/21 lnvoice I2/22/2O2L NOV21 CONTRACTED LAW ENFORCEMENTSERVICES Regular
SHOWSCAPES
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t2/22/2o2t
L2/22/2O2t REFUND OF TOWTMPOUND FEES
t2/22/2o2L
t2/22/2O2t
L2/22/202L
12/22/2O2t
L2/22/202r
t2/22/2021
L2/22/2o2r
t2/22/2O2!
12/22/2O2L
12/22/2o2L
L2/22/202t
t2122/202t
12/22/202r
Regular
t2/22/202L Regular
TRRTGATTON REPATRS AT MrLLS CORNER-08/26/2t
I RR|GATTON REPAI RS FOR FRAN KLI N P ARK-OS/ 24 / 21
TRRTGATTON REPATRS FOR FRANKLTN PARK-O94O/2!
TRR|GATTON REPATRS FOR V|OLA PARK- 09/10/21
tRRTGATTON REPATRS FOR VrOLA PARK- 09/LO/zr
TRRTGATTON REPATRS FOR V|OLA PARK- 09/09/21
I RR|GAT|ON RE PAt RS FOR CO M M U N rTY P OOL-Og / 27/ 2t tRRTGATTON REPATRS FOR V|OLA PARK-09/2I/2L
I RR|GAT|ON RE PAr RS FOR MONTE V|ST A P ARK-IO / 29 | 2r IRRIGATION REPAIRS FOR EL CARRO PARK-TL/T6/21
tRRIGAT|ON REPATRS FOR MONTE VISTA PARK-11/18/21
tRR|GAT|ON REPATRS AT VETS HALL-L1/23/2L
IRRIGATION REPAIRS AT FRANKLIN PARK-L2/Oq/2L
t2/22/2O2I Regular
ELECTRICITY-4683 9TH ST
L2/22/202L Resular
SWIM CLUB RENEWAL FY22
12/22/2O2L Regular
CREDIT FOR RETURN OF PLANNER
2022 PLANNERS & CALENDARS FOR CITY STAFF
2022 CALENDARS, PAPER
SO CA EDISON
lnvoice t2/22/2o2t
SOUTHERN CALIFORNIA SWIMMING
lnvoice LL/L8/2O2L
TRANSAMERICA EMPLOYEE BENEFITS L2/22/2O2t Regular
lnvoice L2/22/2O2t NOVEMBER 2021 EMPLOYEE PREMIUMS
WAXIE SANITARY SUPPTY
lnvoice L2/22/2OZL SOAP FOR CITY HALL
L2/22/2O2I Regular
STAPLES ADVANTAGE
Credit Memo 12/22/2021
lnvoice L2/22/202t
lnvoice L2/2212o2L
YADIRA OROZIO
lnvoice
SEIU LOCAL 620
lnvoice
UNITED WAY OF SANTA BARBARA COUNTY T2/3O/202L
lnvoice L2/3O/2O2L Employee United Way Contribution
VANTAGEPOINTTRANSFER AGENTS - 457 t2/3O/ZO2t
lnvoice I2/30/2O2t ICMA Employee Contributions
lnvoice t2/30/202t ICMA Employee Contributions
lnvoice I2/3O/2O2| ICMA Employee Contributions
t2/22/2021 Regular
12/22/202t REFUND OF VETS HALL CLEANTN G DEPOSIT-IL/27 /2L L2/3O/2O2L Regular
L2/3O/202L Employee Union Dues Contribution
Regular
Regular 4,8s7.63 100560
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AFLAC
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BIG GREEN CLEANING COMPANY
lnvoice I2/30/2O2L
L2/3O/2021 Deferred Compensation Contribution
17/29/202L Regular
t2/30/202r DECEMBER 2021 EMpLOYEE pREMtUMS
COASTALVIEW NEWS
lnvoice I2/30/202L
lnvoice L2/3O/2O27
EASY LIFT TRANSPORTATION
lnvoice 12/30/2021
HDL SOFTWARE, LLC
lnvoice L2/30/2O2I
HOME DEPOT CREDIT SERVICES
lnvoice L2/3O/2O21
lnvoice I2/3O/2O21
LAE ASSOCIATES INC.
lnvoice 12/30/202I
LAWSON PRODUCTS INC
lnvoice 12/30/2021
MNS ENGINEERS INC
lnvoice
ROCKWELL PRINTING
lnvoice L2/30/2O2L
SANSUM CLINIC
lnvoice
CANNON
lnvoice
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SHOWSCAPES
lnvoice
lnvoice
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SO CA EDISON
lnvoice
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L2130/202L
72/30/2O2L
t2/30/2o2L
L2/30/202L
L2/30/2o2L
t2/30/202L
t2/30/2O2r
L2/30/202L
L2/30/202L
t2/29/2O2I Regular
HOSE CLAMP, WIPER BLADES, NYLON CABLE TIES, ETC
L2/29/2O2I Regular
L2/30/2O2r OCT21 PLAN/MAP CHECKTNG FOR 4716 7TH STREET
L2/29/202I Regular
DEC21 CONTRACTED CLEANING SERVICE.PUBLIC RESTROOMS
12/29/2027 Regular
NOV21 INSPECTION SERVICES FOR 1075 CRAMER RD
NOV21 CARPINTERIA FEMA CRS APPLICATION
NOV21 PLAN CHECKS FOR 650 CONCHA LOMA DR
t2/29/202L Regular
DrsTRtcT ELECTTONS pUBLtC HEARTNG AD L2/2L2/9
crw couNctt To REVTEW REpoRT NOTTCE 12109
L2/29/202L Regular
DEC21 COMMUNITY TMNSPORTATION SERVICES
L2/29/2OZL Regular
PROCESSING OF NEW ACCOUNTS, RENEWALS, TOT'S, STR'S
L2/29/2O2I Regular
LED DOME LIGHTS COOL WHITE
SCREWDRIVER, WOOD HANDLES, BUCKETS, POLY ROLLS
L2/29/2O2L Regular
UPDATE 5 YEAR CAPITAL IMPROVEMENT PROGRAM
I2/29/2O2t Regular
NAMEPLATE/BUSINESS CARDS FOR ACM/LACTATION RM SIGN
591.09 100561
4,779.OO 100562
780.s0 100563
1,038.00 100s64
1,000.00 100s65
900.00 100s66
550.73 100567
L,4s6.25 100568
L,O6t.28 100s69
460.00 100570
84.00 100571
2,1s0.50 L00s72
500.00 100573
L05.42 100574
491,00 100575
2,197.00 100576
s2.28 rO0577
10,602.00 100s78
OCCUPATIONAL HEALTH CENTERS OF CALIFORNI A, A MED|' L2/29/2O2L Regular tnvoice L2/30/2o2L PREPLACEMENT HEALTH FOR R.B.
PLANNING & DEVELOPMENT-COUNTY OF SANTA BARBARAIZ/Z9/^OZL Regular lnvoice L2/3O/2O2I NOV21 COUNTY PLANNING CHECKS FOR RTNCON MULTTUSE lnvoice 72/30/202I OCT21 COUNTY PLANNING CHECKS FOR RTNCON MULTTUSE QUADIENT FINANCE USA INC L2/29/2O2L Resular
lnvoice L2/3O/2O2L POSTAGE FOR CITY HALLt2lOt/2I
I2/29/202L Regular
L2/3O/2O2L PRE-HEALTH SCREENING FOR Z.t. AND J.T.
L2/29/2O2L Regular
IRRIGATION REPAIRS AT DOWNTOWN T LL/4/2L
IRRIGATION REPAIRS AT DOWNTOWN T LL/L6/27
IRRIGATION REPAIRS AT DOWNTOWN T LL/3O/2L
TRRTGATTON REPATRS AT DOWNTOWN T tt/26/2L
L2/29/202L Regular
ELECTRICIry-6145 CARPINTERIA AVE
ELECTRICITY-s781 CARPINTERIA AVE
SWRCB
lnvoice
t2/29/202L Regular
L2/3O/2O2L STATE WATER RESOURCES BOARD ANNUAL PERMIT FEE 130.00 100s79
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TYLER TECH NOLOGIES. INC, L2/29/2OZL Resular
Page tj of 3
City of Carpinteria
Courucu Acenoe Srerr Reponr
January 10,2022
ITEM FOR COUNCIL CONSIDERATION
Monthly City Treasurer's Report on Compliance with Statement of Safekeeping and Investment of Public Funds.
STAFF RECOMMENDATION
Receive and file the report
Sample Motion: None required
BACKGROUND / DISCUSSION
The City Council is the City of Carpinteria trustees and authorized to make investment decisions concerning public funds that are subject to the prudent investment standard.
The Prudent lnvestor Standard of the California Government Code Section 53600.3 states, "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City." The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.
Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City lnvestment officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
The purpose of this agenda matter is to provide the City Councilwith the required monthly Treasurer's Report.
G :\Li cette\Treasu ry\City Treasu rer's report. d ocx
Monthly City Treasurer's Report
January 10,2022
Page2
POLIGY GONSISTENCY
The City is in compliance with the adopted Statement of Safekeeping and lnvestment of Public Funds.
FINANCIAL CONSIDERATIONS
Cash Statement: At November 30,2021, the City held cash and cash investments as shown in the table below.
Table I
CASH ACTIVITY FOR THE MONTH:
Cash and Investment Beginning of the Month
Cash Receipts
Cash Disbursements
Cash and Investment End of the Month
$ 15,527,999.73
4,920,166.76
(4.071.546.60)
,
$ 16"376.609.89
lnvestments:
Changes in the market value of treasury securities are inversely proportional to changes in interest rates demanded in the open market, i.e., when rates rise market values fall, when rates fall market values rise. The sensitivity of a portfolio's market value to these changes in market rates is a function of its days to maturity and its coupon rate.
Securities with longer maturities and/or lower coupon rates are more sensitive to changes in market interest rates. As a security matures, changes in its value become less sensitive to market rate changes.
At November 30th the portfolio's average days to maturity was 1.16 years, the average coupon rate was 2.260/0, the average yield to maturity was 0.32o/o, the par value was $4,116,000 and Market Value was 94,21 5,181.92.
The City does not intend to sell nor does it have any foreseeable need to sell any securities. The intention of the City's investment policy is to hold all securities to maturity; and securities so held are redeemed at par value resulting in no net market gain or loss.
Attached for City Council review is the Treasurer's Report that details a listing of all the investments and cash activity during the month.
The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period June 1,2022.
G :\Licette\STAFF\i nvestment report. docx
Monthly City Treasurer's Report
January 10,2022
LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.
PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown
ATTACHMENTS
City of Carpinteria Treasurer's Report
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 7 55-4448, licettem @ci. carpi nterial. ca. us
Signature
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. us
G :\Licette\STAFF\investment report. docx
City Treasurer's Report
G :\Licette\STAFF\i nvestment report. docx
CITY OF CABPINTERIA TREASUBER'S REPORT
For the Month Ended Novernber 2021
CASH ACTIVITY FOR THE MONTH:
Cash and Investment Begirming of the MonthCash ReceiptsCash DisbwsementsCash and Investrnent End ofthe Month CASH AND INVESTMENT PORTFOLIO:
$ 15,527,989.73
4,920,166.76
(4-071-546.60),
s 16.376.609.89
Par Value Market Value (1) Book Velue (2) Tvpe of Investment/Couoon/CUSlP # Demand Deposit - General CheckingDemand Deposit - Premier Public Money MarketDemand Deposit - Section 125 CheckingDemand Deposit - Payroll CheckingDemand Deposit - Money MarketLocal Agency Investment FundTreasury Note, 2.0%, (9 12828U8 1 )Treasury Note, 1.87 5%, (912828V72)Treasury Note, 1.87 5%, (912828W 55)Treasury Note, 1.87 5%, (9 12828W 89)Treasury Note, 1.87 5%, (912828X47)Treasury Note, 1 .7 5%, (9 1 2828XR6)Treasury Note, 1.7 5%, (912828YV,1 5)Treasury Note, 1.87 5%, (9128282P4)Treasury Note, 1 .625%, (9 1 2828259)Treasury Note, 1.87 5%, (9128282W9)Treasury Note, 2 .0%, (9128283C2)Treasury Note, 2.0%, (912828M80)Treasury Note, 2 .125%, (912828N30)Treasury Note, 2 .3'75%, (9128283U2)Treasury Note, 2 .625%, (9128284A5)Treasury Note, 2 .5%, (9128284D9)Treasury Note, 2 .625%, (9128284U1)Treasury Note, 2 .75%, (912828Y61)Treasury Note, 2 .75%, (9128284X5) Treasury Note, 2.87 5'/", (9128285D8)Treasury Nore, 2 .5%, (912828529) Treasury Note, 2 .3750/0, (9128286G0)
Institution/Issuer
Yield to
Maturitv
N/A
0.620/o
N/AN/A
0.01%0.62%0.14%0.1s%0.15%0.15%0.16%0.16%0.16%0.16%0.16%0.16%0.16%0.17%0.l7o/o0.17%0.t7%0.17%0.19%
0.19%0.20%0.20%0.22o/oO.23o/o
Maturity
Date
N/A
12/1/2021
N/AN/A
12/1/202112/112021
12/31/2021
1/3112022
2/28/2022
3/31/2022
4/30t2022
s/31D0226/30/20227/31/2022
8/3112022
9/30/2022
10/31/20221U30D022
12t31/2022
t/31/2023
2128/2023
3131/2023
6/30/2023
7t3t/2023
813U2023
9t30/2023
1/31/2024
2/29/2024
# Days to
Maturitv
N/A
I
N/AN/A
I
I
3l
62 90
l2t
l5l
182
212
243
274
30433536s396
427
455486
577608
639669
792
821
Montecito BankMontecito Bank
Montecito Bank
Montecito BankCharles Schwab
State of Califomia
U.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovernmentU.S. GovemmentU.S- GovernmentU.S. Govemment U.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. GovemmentU.S. Govemment 128,895.55
5,537,882.72
12,576.18
102,000.00
99,163.02
6,392,038.74
107,000.00130,000.00138,000.00132,000.00167,000.00179,000.00177,000.00177,000.00168,000.00165,000.00179,000.00175,000.00161,000.00169,000.00171,000.00171,000.00100,000.00 400,000.00400,000.00
250,000.00200,000.00200.000.00
128,895.55
5,s37,882.72
12,576.18
102,000.00
99,163.02
6,392,038.74
107,150.46130,385.93138,603.75132,763.12168,226.401 80,454.38178,687.02179,046.56169,837.50 167,294.52
1 8 1,880.77178,035.1 5164,194.84
173,066.56175,836.09178,836.09103,453.t2
415,250.00
415,687.48
260,742.18
208,062.50
207.687.50
128,895.55
5,537,882.72
12,576.18
102,000.00
99,163.02
6,392,038.74
106,71 1.89
129,304.11
r37,594.13131,s30.s4166,999.92178,310.26176,343.17176,924.33167,062.69164,718.r7178,509.1 1174,454.00160,091.79168,003.8s171,184.09170,243.30 99,563.57
398,795.22399,721.60
249,335.00
199,388.94199264.00
REPORT ON COMPLIANCE WITH STATEMENT OF SAFEKEEPING AND INVESTMENT OF PUBLIC FTINDSThe City is in compliance with the adopted Statement ofSafekeeping and Investrnent ofPublic Funds.
16.388.556.21 16.487,738.13 16.s76.609.89
CITY OF CARPINTERIA TREASIJRER'S REPORT
For the Month Ended November 2021
REPORT OF ABILITY TO MEET REOIIIRED EXPENDITTIRES FOR THE NEXT SIX MONTHSWEIGHTED AVERAGE MATURITY OF PORTFOLIO As ofNovember 30,2021 the weighted average days to maturity ofthe City's investnent portfolio is L 15 years.FOOTNOTES TO REPORT/DEFIMTION OF TERMS:(1) The market value ofU.S. Goverment Securities was provided by the custodial agent, Charles Schwab.
For the Local Agency Invesfinent Fmd the market value represents the contract value.
For all other investrnents, the market value is equal to book value. (2) Book value ofdemand deposits equals the bank balance minus outstanding checks plus deposits-in-transit.ParValue: Equalsfacevalueofse'curitylvalueofthesecuritywhenitreachesmaturity).Market Value: The last price for which a security was bought or sold. In this case, the value as ofthe last day ofthe month ofthis report.Book Value: The amotmt at which the security is carried in the City's accowrting records (adjusted at year-end for GASB 40 reporting purposes).
City of Carpinteria
Couttcr- Aceruoe Srerr Reponr
January 10,2022
ITEM FOR COUNCIL CONSIDERATION
Second Reading and adoption of Ordinance No. 750, adding Article V (Specific Regulations for Organics Waste Disposal, Reduction, Recycling, and Solid Waste Collection) to Chapter 8.08 (lntegrated Waste Management) of the Carpinteria Municipal Code.
STAFF RECOMMENDATION
Adopt Ordinance No. 750 (second reading).
Sample Motion: I move to adopt Ordinance No. 750. (Requires a roll callvote.)
BACKGROUND
On December 13, 2021, the City Council approved on first reading Ordinance No.750, The purpose of this agenda matter is to hold the second reading of Ordinance No. 750 and provide the opportunity for City Council adoption.
DISCUSSION
Ordinance No. 750 applies to Organics Waste Disposal, Reduction, Recycling, and Solid Waste Collection, as summarized below.
Ordinance adoption is one of the key milestones in order to comply with Senate Bill (SB) 1383. Ordinance No. 750 would enact the new regulations of SB 1383 into Carpinteria Municipal Code Chapter 8.08., which also mandates organic waste generators, haulers, and other entities to the SB 1383 requirements. These requirements include implementation and enforcement for waste generators to participate in organic waste collection programs. For example, owners of multi-family and commercial properties, and property managers are required to support organic waste disposal reduction.
Ordinance No. 750 would also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange for the maximum amount of their edible food, which would othenruise be disposed, to be recovered for human consumption. Commercial SB 1383-Organics
January 10,2022
edible food generators are required to recover edible food through contracts or written agreements with food recovery organizations and services.
POLICY SISTENCY
The establishment of these regulations is a requirement of SB 1383 and required to be implemented January 1, 2022. This is a part of the City's lntegrated Waste Management policies and goals.
This ordinance is exempt from the California Environmental Quality Act (CEOA) pursuant to CEQA Guidelines Sections 15061 (bX3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this ordinance, will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, organics, and recyclables, represent actions by a regulatory agency (i.e. City) for the protection of the environment. Additionally, the proposed ordinance is not a "Project" for the purposes of CEQA as that term is defined in CEQA Guidelines section 15378.
FI NANCIAL CONSIDERATIONS/FISCAL IMPACT
SB 1383 implementation will entail additional staffing and administrative costs to both the City and E.J. Harrison & Sons as well as capital outlays by E.J. Harrison & Sons. At this time, an accurate account of additional costs is not known until actual program implementation is undertaken. Costs of SB 1383 implementation are most likely to be recovered through a refuse and recycling service rate adjustment to be proposed by E.J. Harrison & Sons in the coming year and/or the recovery of City-incurred costs through administrative fees to be paid by E.J. Harrison & Sons to the City pursuant to solid waste franchise agreement.
LEGAL AND K MANAGEMENT CON IDERATIONS
Should the City Council not adopt Ordinance No. 750, the City will be subject to enforcement action from the California Department of Resources Recycling and Recovery.
OPTIONS
No other options are recommended except those mandated by Chapter 12 of Tifle 14, Division 7 of the California Code of Regulations which requires local jurisdictions to adopt an ordinance of similarly enforceable mechanism by January 1,2022.
ATTACHMENTS
Attachment A: Ordinance No. 750
SB 1383-Organics
January 10,2022
Page
3 Staff contact:
Erin Maker, Environmental Program Manager
(805) 495-7 521, erinm@ci. carpinteria.ca. us
Reviewed by:
John L. llasin P.E., Public Works Director
(805) 684-5405, [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400, daved@ci. ca rpi nteria. ca. us
ture
ATTACHMENT A
Ordinance No. 750
ORDINANCE NO. 750
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARPINTERIA, CAL|FORNIA, ADDTNG ARTTCLE V (SpECtFtC
REGULATIONS FOR ORGANICS WASTE DISPOSAL, REDUCTION,
RECYCLING, AND SOLTD WASTE COLLECTTON) TO CHAPTER 8.08
(INTEGRATED WASTE MANAGEMENT) OF THE CARPINTERIA
MUNICIPAL CODE TO ENACT REGULATIONS IN COMPLIANCE WITH
SENATE B|LL (SB) 1383 FOR THE IMPLEMENTAT|ON OF FOOD AND
ORGANICS RECYCLING AND RELATED SOLID WASTE AND
RECYCLING PROCESSING AND REPORTING
WHEREAS, Assembly Bill (AB) 939 of 1989, the California lntegrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, AB 341 of 2011 places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program; and
WHEREAS, AB 1826 of 2014 requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery ("CalRecycle") to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations ("SB 1383 Regulations") place requirements on multiple entities including the City of Carpinteria, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets; and
WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations, and to reduce community food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would othenruise be disposed, be recovered for human consumption; and Ordinance No. 750
WHEREAS, this Ordinance implements the requirements of AB 341, AB 1826, and the SB 1383 Regulations; and
WHEREAS, on December 13,2021, the City Council of the City of Carpinteria held a duly noticed public hearing on the Ordinance, reviewed and considered the staff report, other written reports, public testimony and other information contained in the record.
THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in the Ordinance.
sEcTloN 2. ADDITION OF ARTTCLE V (SpECtFtC REGULATTONS FOR
ORGANICS WASTE DISPOSAL, REDUCTION, RECYCLING, AND SOLID WASTE GoLLECTION) TO CHAPTER 8.08 (TNTEGRATED WASTE MANAGEMENT) OF THE
CARPINTERIA MUNICIPAL CODE
The Ordinance is hereby adopted by the addition of Article V (Specific Regulations for Organic Waste Disposal Reduction, Recycling and Solid Waste Collection) in Carpinteria Municipal Code Chapter 8.08 (lntegrated Waste Management) to read in its entirety as shown in Exhibit "A" attached hereto and incorporated herein by this reference.
SECTION 3. EFFECTIVE DATE
This Ordinance shall be in full force and effect thirty (30) days following a second reading of the Ordinance; and before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View News, a newspaper of general circulation, published in the City of Carpinteria.
SECTION 4. SEVERABILITY
lf any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and Ordinance No. 750
all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 5. CEQA EXEMPTION
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA') pursuant to State CEQA Guidelines Sections 15060(c)(3) (this activity is not a "project" as defined in Section 15378) and 15060(c)(2) (this activity will not result in a direct or reasonably foreseeable change in the environment).
SECTION 6. LIMITED EFFECT
Except as explicitly provided herein, all other provisions of Carpinteria Municipal Code Chapter 8.08 (lntegrated Waste Management) shall remain unchanged and in full force and effect.
PASSED, APPROVED AND ADOPTED on January 10,2022, by the following vote:
AYES
NOES
ABSENT
ABSTAIN
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
Mayor, City of Carpinteria
ATTEST
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
Ordinance No. 750
APPROVED AS TO FORM
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Acting City Clerk, City of Carpinteria
Exhibit "A"
Article V. - Specific Regulations for Organic Waste Disposal Reduction, Recycling and Solid Waste Collection
8.08.800
8.08.810
8.08.820
8.08.830
8.08.840
8.08.850
8.08.860
8.08.870
8.08.880
8.08.890
8.08.900
8.08.910
8.08.920
8.08.930
8.08.940
8.08.950
8.08.960
- Purpose and findings.
- Title of ordinance.
- Definitions.
- Requirements for single-family generators.
- Requirements for commercial businesses.
- Waivers for generators.
- Requirements for commercial edible food generators.
- Requirements for food recovery organizations and services. - Requirements for haulers and facility operators.
- Self-hauler req u irements.
- Compliance with CAL Green recycling requirements.
- Model water efficient landscaping ordinance requirements. - Procurement requirements for city departments, direct service providers, and vendors.
- lnspections and investigations.
- Enforcement.
- Coordination and interpretation in conjunction with related solid waste ordinances.
- Effective date.
8.08.800 - Purpose and findings.
The City finds and declares:
A. State recycling law, Assembly Bill 939 of 1989, the California lntegrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including Composting) Solid Waste generated in their cities to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 417 35, 41736, 41 800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapler 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires cities to implement a Mandatory Commercial Recycling program.
9 State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28,2014, which added Chipter
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and MultiFamily property owners that generate a specified threshold amount of Solid lVaste, Recycling, and Organic Waste per week to arrange for recycling services for thatwaste, requires cities to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires cities to implement a Mandatory Commercial Organics Recycling program.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would othenruise be disposed, be recovered for human consumption.
8.08.8{0 - Title of ordinance.
This Article shall be entitled "specific Regulations for Organic Waste Disposal Reduction, Recycling and Solid Waste Collection".
8.08.820 - Definitions.
"Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.
"California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR' refers to Title 14 of CCR). "city" means the city of carpinteria, california, within its jurisdictionar boundaries.
"City Enforcement Official" means the City Manager or his/her authorized designee(s) who is/are partially or wholly responsible for enforcing this this Chapter.
"Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as othenruise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined hereinbelow of this Section
8.08.820 or as othenryise defined in 14 CCR Section 18982(aX73) and (a)Q$.
For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 1 8982(aX7).
"Compliance Review" means a review of records by a City to determine compliance with this Chapter.
"Community Composting" means any activity that Composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(aX4); or, as othenruise defined by 14 CCR Section 18e82(a)(8).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
"Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for Compostability, or as otherwise described in 14 CCR Section 18984.1(aX1XA) or 18984.2(aX1XC)
"Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(aX55).
"C&D" means construction and demolition debris
"Designee" means an entity that a City contracts with or othenruise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981 .2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
"Edible Food" means food intended for human consumption, or as othenrvise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as othenruise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
"Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or Federal law, regulation, or ordinance, including without limitation: land use restrictions or conditions, waste that cannot be disposed of in Class lll landfills or accepted at the facility by permit conditions, waste that, in City's or its Designee's reasonable opinion, would present a significant risk to human health or the environment, cause a nuisance or othenruise create or expose City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
"Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as othenruise defined in 14 CCR Section 1 8982 (a)(22).
"Food Facility" has the same meaning as in Section 1 13789 of the Health and Safety Code.
"Food Recovery" means actions to collect and distribute food for human consumption that othenruise would be disposed, or as othenrvise defined in 14 CCR Section 1 8982 (a)(24).
"Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as othenrvise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
A food bank as defined in section 113783 of the Health and safety Code;
1 A nonprofit charitable temporary food facility as defined in Section 113841 of the Health and Safety Code; and
A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). lf the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
"Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as othenruise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
"Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as othenrvise defined in 14 CCR Section 18982(a)(27).
"Food-Soiled Paper" is Compostable paper material that has come in contact with food or liquid, such as, but not limited to, Compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food Waste" means Food Scraps and Food-Soiled Paper
"Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.
Per the definition provided in 14 CCR Section 18982(a)(28), the Gray Container may actually be black, or black with a gray lid.
"Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17a02@)(6.5).
"Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
2. 3.
"Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including without limitation a bakery, deli, and meat and seafood departments, or as othenruise defined in 14 ccR section 18g82(a)(30). "Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 1 8982(a)(31 .5).
"High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1,2022 and December 31 ,2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 ccR section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as othenivise defined in 14 CCR Section 18982(a)(33).
"lnspection" means a site visit where a City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as othenryise defined in 14 CCR Section 18982(a)(35). ilarge Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space wlen bging used for an event. lf the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter.
"Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 ccR, Division 7, chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. lf the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter.
"Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to Solid Waste, or as othenruise defined in 14 CCR Section 18982(a)(a0) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
"MWELO" refers to the Model Water Efficient Landscape Ordinance,23 CCR, Division 2, Chapter 2.7.
"Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the Composting process, or as othenruise defined in 14 CCR Section 18982(aX41).
"Non-Local Entity" means the following entities that are not subject to the City's enforcement authority, or as othenruise defined in 14 CCR Section 18982(a)@2) Special district(s) located within the boundaries of the City.
Federal facilities, includ ing, without limitation, m ilitary installations, located within the boundaries of the City.
Prison(s) located within the boundaries of the City, excepting that private prisons are considered Commercial Businesses and do not fall within this definition.
Facilities operated by the State park system located within the boundaries of the City.
Public universities (including community colleges) located within the boundaries of the City.
County fairgrounds located within the boundaries of the City.
State agencies located within the boundaries of the City. "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as othenruise defined in 14 CCR Section 18982(a)(43). "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as othenruise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
"Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as othenryise defined in 14 CCR Section 18982(a)(46) Biosolids and digestate are as defined by 14 CCR Section 18982(a). 1 2
3 4
5 6
7 "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as othenryise defined in 14 CCR Section 18e82(a)(48).
"Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as othenrvise defined in 14 CCR Section 18982(a)(b1). "Printing and writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as othenruise defined in 14 CCR Section 18e82(a)(5a).
"Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable source separated Green container organic waste for the city's Green Container; (iii) discarded materials placed in the Gray container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container. "Recovered Organic Waste Products" means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or othenruise authorized facility, or as othenrvise defined in 14 CCR Section 18982(a)(60). "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as othenarise defined in 14 CCR Section 18982(a)(49). "Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as othenrvise defined in 14 CCR Section 18982(a)(61).
"Renewable Gas" means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or othenruise authorized by 14 cCR to recycle Organic Waste, or as othenryise defined in 14 CCR Section 18982(a)(62).
"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as othenryise defined in 14 CCR Section 18982(a)(64).
"Route Review" means a visual lnspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical lnspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19,2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and27 CCR.
"Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as othenryise defined in 14 CCR Section 1 8982(a)(66XA).
"Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
"Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-Solid Wastes, and other discarded solid and semi-Solid Wastes, with the exception that Solid Waste does not include any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code Section 40141.
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1 . Medical 1 2
3 waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the state Public Resources Code.
"Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as othenruise defined in 14 CCR Section 17402.5(bX4). For the purposes of the ordinance, Source Separated shall include separation of materials by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
"Source Separated Blue Container Organic Waste" means Source Separated Organic Waste that can be placed in a Blue Container that (i) is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as othenruise defined by Section 17402(a)(18.7), and (ii) excludes any other Organic Waste that an Organics Waste Facility may reject to maintain any organics-related Composting certifications including but not limited to organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges.
"Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of organic Waste by the Generator, excluding Source Separated Blue Container Organic Waste; Non-Compostable Paper; Paper Products; Printing and Writing Paper; and any other Organic Waste that an Organics Waste Facility may reject to maintain any organics-related Composting certifications including but not limited to organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids, and sludges. "Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables and source separated Blue container organic waste. "State" means the State of California.
"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as othenryise defined in 14 CCR Section 18982(a)(71).
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
Supermarket.
Grocery Store with a total facility size equal to or greater than 10,000 square feet.
Food Service Provider.
Food Distributor.
Wholesale Food Vendor.
lf the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.
"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
Hotel with an on-site Food Facility and 200 or more rooms.
Health facility with an on-site Food Facility and 100 or more beds.
Large Venue.
Large Event.
A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
A Local Education Agency facility with an on-site Food Facility. lf the definition in 14 CCR Section 18982(a)(74) of TierTwo Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter.
"Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 1 89852(a)(76).
8.08.830 - Requirements for single-family generators.
Organic Waste Generators shall subscribe to a three container collection service which includes a Blue Container, Green Container and Gray Container, and shall comply with the following requirements, except Single-Family Generators that meet the Self-Hauler requirements in this Carpinteria Municipal Code and to the extent permitted by the Code.
A. Shall subscribe to City's Organic Waste collection services for all Organic Waste generated as described in Section 8.08.830(8). City or its Designee shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family 1 2
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5 1
2 3
4 5
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Generators shall adjust their service level for collection services as requested by the City or its Designee. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 1898a.9(c).
B. Shall participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray container waste in the Gray container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
8.08.840 - Requirements for commercial businesses.
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
A. Subscribe to City's three-container collection services and comply with requirements of those services as described below in Section 8.08.840(8), except Commercial Businesses that meet all Self-Hauler requirements set forth in the Carpinteria Municipal Code. City or its Designee shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City or its Designee.
B. Except Commercial Businesses that meet the Self-Hauler requirements in this Chapter participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below.
Generator shall place source separated Green container organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections 3(a) and 3(b) below) for employees, contractors, tenants, and customers, consistent with City's Blue Container, Green Container, and Gray Container collection service or, if self1 1 2
3 hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section
8.08.890.
Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. lf a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
A body or lid that conforms with the container colors
provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January I ,2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
Container labels that include language or graphic images, or both, indicating the primary material accepted and the
primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the
container labeling requirements are required on new
containers commencing January 1, 2022.
Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Subsection 3(b) pursuant to 14 CCR Section 18984 9(b)
To the extent practical through education, training, lnspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City's Blue Container, Green Container, and Gray Container collection service or, if selfhauling, per the Commercial Businesses' instructions to support its a
b
4 5
6 compliance with its self-haul program, in accordance with Section
8.08.890.
Exclud ing Multi-Fam ily Residential Dwellings, period ically inspect Blue Containers, Green Containers, and Gray Containers for Contamination and inform employees if containers are
contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(bX3).
Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of source separated Green container organic Waste and Source Separated Recyclable Materials.
Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated Green container organic waste and source separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with
8.08.930 of this Chapter to confirm compliance with the requirements of this Chapter.
Accommodate and cooperate with city's program for lnspection of the contents of containers for Prohibited container contaminants, which may be implemented by City at a later date, to evaluate Generator's compliance with this Section 8.08.840(8).
At Commercial Business's option and subject to any approval required from the City, implement a program for lnspection of the contents of its Blue Containers, Green Containers, and Gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited Container Contam inants.
lf a commercial Business wants to self-haul, meet the self-Haurer requirements in Section 8.08.890 of this Chapter.
Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
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12 13.
14. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery
requirements, pursuant to Section 8.08.860.
8.08.850 - Waivers for generators.
A. De Minimis Waivers - City may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.08.850(4)(2) below. Commercial Businesses requesting a de minimis waiver shall:
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.08.850(A)(2) below.
2. Provide documentation that either:
a The Commercial Business'total Solid Waste collection
service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per
applicable container of the business' total waste; or,
The Commercial Business'total Solid Waste collection
service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per
applicable container of the business' total waste.
Notify City if circumstances change such that Commercial Business's Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.
Provide written verification of eligibility for de minimis waiver every 5 years, if City has approved de minimis waiver.
B. Physical Space Waivers - City may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 8.08.840. A Commercial Business or property owner may request a physical space waiver through the following process:
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Submit an Exemption Request form to the Public Works
Department specifying the type(s) of collection services for which they are requesting a compliance waiver.
Provide documentation that the premises lacks adequate space for Blue containers and/or Green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to the City Manager or his/her designee that it is still eligible for physical space waiver every five years, if City has approved application for a physical space waiver.
8.08.860 - Requirements for commercial edible food generators.
A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1,2022, and rier Two Commercial Edible Food Generators must comply commencing January 1,2024, pursuant to 14 CCR Section 18991 .3.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1 Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
Allow city's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991 .4:
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A list of each Food Recovery Service or Food Recovery
Organization that collects or receives its Edible Food
pursuant to a contract or written agreement established under 14 CCR Section 18991 3(b).
A copy of all contracts or written agreements established under 14 CCR Section 18991 3(b)
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
The name, address and contact information of the
Food Recovery Service or Food Recovery
Organization.
The types of food that will be collected by or selfhauled to the Food Recovery Service or Food Recovery Organization.
The established frequency that food will be collected
or self-hauled.
The quantity of food, measured in pounds recovered
per month, collected or self-hauled to a Food
Recovery Service or Food Recovery Organization for
Food Recovery.
No later than July 1st of each year commencing no later than July 1,2022 for Tier One Commercial Edible Food Generators and July 1,2024 forTierTwo Commercial Edible Food Generators provide an annual Food Recovery report to the City that includes the records listed in Section 8.08.860(CX5Xc)
D. Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25,2017, which added Article 13 [commencing with Section 495801 to Chapter 9 of Part27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.08.870 - Requirements for food recovery organizations and seruices.
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement b
il
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6 established under 14 CCR Section 18991.3(b), shall maintain the following records, or as othenruise specified by 14 CCR Section 18991 .S(aX1):
L The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991 .3(b), shall maintain the following records, or as othenruise specified by 14 CCR Section 18991 .S(aX2):
The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services shall inform Generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991 .3(b)
D. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant lo 14 CCR Section 18991 .3(b) no later than July 1 ,2022.
E. ln order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides Solid 2 3.
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Waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
8.08.880 - Requirements for haulers and facility operators.
A. Exclusive or non-exclusive franchised hauler(s), as applicable, providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City's boundaries shall meet the following requirements as a condition of approval of a contract, agreement, or similar contractual authorization with the City to collect Organic Waste:
Through written notice to the City annually on or before July 1, 2022, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.
Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. Notwithstanding the foregoing, hauler shall not be required to transport any containers with Prohibited Container Contaminants to a facility, operation, activity, or property that recovers Organic Waste.
Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 1 8989.1 , Section 8.08.900 hereof The authorization of exclusive or non-exclusive franchised hauler(s), as applicable, to collect Organic Waste shall comply with any education, equipment, signage, container labeling, container color, Contamination, monitoring, and reporting requirements relating to the collection of Organic Waste contained within its franchise agreement with the City.
B. Requirements for Facility Operators and Community Composting Operations
Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel 1 2
3 4
1 digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.
8.08.890 - Self-hauler requirements.
A. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that the City otherwise requires Generators to separate for collection in the City's organics and recycling collection program) generated onsite from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a High Diversion organic waste Processing Facility as specified in 14 CCR Section 18984.3.
B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, SeFHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of organic Waste delivered to each solid waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
2 3
1 Delivery receipts and weight tickets from the entity accepting the waste.
The amount of material in cubic yards or tons transported by the Generator to each entity.
lf the material is transported to an entity that does not have scares on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the 2 weight of material but shall keep a record of the entities that received the Organic Waste.
D. A residential Organic Waste Generator that self-hauls Organic Waste, to the extent permitted by this Municipal Code, is not required to record or report information in Section 8.08.890(C).
E. Self-Haulers that are Commercial Businesses (including Multi-Family SelfHaulers) shall provide information collected in Section 8.08.890(C) to the City if requested and within ten (10) days of such request.
8.08.900 - Compliance with GALGreen recycling requirements.
A. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the City. lf the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.
Project applicants shall refer to City's building and/or planning code for complete CALGreen requirements.
B. For projects covered by CALGreen or more stringent requirements of the City, the applicants must, as a condition of the City's permit approval, comply with the following:
Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container collection program offered by the City, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1,4.410.2,5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1,2020.
New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three container collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2,
5.408.1, and 5.410.1 of the California Green Building Standards 1 2
Code, 24 CCR, Part 11 as amended provided amended
requirements are more stringent than the cAlGreen requirements for adequate recycling space effective January 1,2020.
3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with all written and published City policies, ordinances, and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
8.08.910 - Model Water Efficient Landscaping Ordinance Requirements (MWELO).
A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(aX3XB), (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 8.08.910.
B, The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter. other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.08.910(A) above shall Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil.
Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area 1 a
b
may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or postconsumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled postconsumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local
ordinances.
The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.08.910(A) shall consult the full MWELO for all requirements.
D. lf, after the adoption of this Chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3XB) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
8.08.920 - Procurement requirements for city departments, direct seruice providers, and vendors.
A. City departments, and direct service providers to the City, as applicable, must comply with the City-adopted procurement policy for Recovered Organic Waste Product Recycled-Content Paper.
B. All vendors providing Paper Products and Printing and Writing Paper to the City shall:
2 1 lf fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items.
Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
2 Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 200.12.
5. Provide records to the City's designated personnel member for purposes of Recovered Organic Waste Product procurement recordkeeping in accordance with the City's Recycled-Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 8.08.920(BX3) and (B)(a) of this Chapter for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.
8.08.930 - lnspections and investigations.
A. City representatives and/or its designated entity, including Designees are authorized to conduct lnspections and investigations, at random or othenryise, of any collection container, collection vehicle loads, ortransfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for lnspection.
q Organic Waste Generators, Commercial Businesses (including MultiFamily Residential Dwellings), property owners, commercial Edible Food Generators, Self-Haulers, Food Recovery Services, and Food Recovery Organizations shall provide or arrange for access during all lnspections (with the exception of residential property interiors) and shall cooperate with the City's 3 4
personnel or its Designee during such lnspections and investigations. Such lnspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises, or (ii) access to records for any lnspection or investigation is a violation of this Chapter and may result in penalties described.
C. Any records obtained by the City during its lnspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. City representatives/personnel and/or Designee are authorized to conduct any lnspections or other investigations of Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self-Haulers, Food Recovery Services, and Food Recovery Organizations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
8.08.940 - Enforcement.
A. Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement Actions under this Chapter include, but are not limited to, issuance of an administrative citation and assessment of a fine ln addition to the procedures in this Section 8.08.940, the City may enforce this Chapter consistent with the procedures in Carpinteria Municipal Code Chapter
1.08 Penalties.
B. Other remedies allowed by law may be used for enforcement, including but not limited to civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
C. Responsible Entity for Enforcement
Enforcement pursuant to this Chapter may be undertaken by the City Enforcement Official or his/her designee authorized and legally able to undertake such action.
The City Enforcement Official or his/her designee will
interpret this Chapter; determine the applicability of waivers, 1 a
if violation(s) have occurred; implement Enforcement
Actions; and, determine if compliance standards are met.
The City Enforcement Official or his/her designee may issue Notices of Violation(s).
D. Process for Enforcement
The City Enforcement Official or his/her designee will monitor compliance with this Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an lnspection program. Section 8.08.930 establishes City's right to conduct lnspections and investigations.
City may issue an official notification to notify regulated entities of its obligations under the ordinance.
3. Contamination Prevention
For incidences of Prohibited Container Contamination found by City or its Designee in containers, City will issue a Notice of Violation to any Generator found to have Prohibited
Container Contamination in a container. Prior to issuance of a Notice of Violation, City's Designee may provide an
informal warning(s) or notice(s) of Container Contaminants via cart tag. Thereafter, any Notice of Violation shall be provided by the City via mailwithin two (2) days after City determines a violation has occurred with respect to
Prohibited Container Contaminants. lf the City or its
Designee observes Prohibited Container Contaminants in a Generator's containers on more than two (2) occasion(s) in any calendar year starting January 1, the City may assess an administrative fine or penalty on the Generator in
accordance with Section 8.08.940(E).
ln addition to 8.08.940(DX3Xa), Designee may implement
through Designee's service rate structure a Contamination service charge for customers committing incidents of
Prohibited Container Contamination. Designee shall provide such customers with written notice and/or cart tags, or such other procedures required under any contract, agreement, or similar contractual authorization between the City and its Designee, prior to levying any Contamination service charge.
The foregoing Contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a Contamination service
charge shall be adjudicated pursuant to the customer
complaint resolution process provided under the terms of b
1 2
a
b
any contract, agreement, or similar contractual authorization between the City and its Designee assigned to collect
Organic Waste.
With the exception of violations of Generator Contamination of container contents addressed under Section 8.08.940(DX3), City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an Enforcement Action to impose penalties, via an administrative citation and fine.
Notices of Violation shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.
E. Penalty Amounts for Types of Violations. The penalty levels for Cityissued Notices of Violation are as follows:
For a first violation, the amount of the base penalty shall be $100 per violation.
For a second violation, the amount of the base penalty shall be $200 per violation.
For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.
F. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section 8.08.940 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
Delays in obtaining discretionary permits or other government agency approvals; or,
Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
4 5
1 2
3 1
2 3
G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citatioh pursuant to the appeal procedures in Sections 1.08.040 - 1.08.090.
H. Education Period for Non-compliance. Beginning January 1,2022 and through December 31,2023, city will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this chapter, and if city determines that organic waste Generator, self-Hauler, hauler, Tier one commercial Edible Food Generator, Food Recovery organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1,2022, and that violations may be subject to administrative civil penalties starting on Janu ary 1, 2024. l. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this section 8.08.940, as needed.
J. Enforcement Table - Non-exclusive List of Violations.
Table 1 below provides a non-exclusive list of violations of this Chapter which may subject an entity to an Enforcement Action pursuant to this Section
8.08.940.
Table 1. List of Violations
REQUIREMENT DESCRIPTION OF VIOLATION
Commercial Business and
Commercial Business Owner
Responsibility Req uirement
Sections 8.08.940
mercial Business fails to provide or arrange
rganic Waste collection services consistent
Com
for O
with City requirements and as outlined in this
Chapter, for employees, contractors, tenants, and
customers, including supplying and allowing
access to adequate numbers, size, and location
of containers and sufficient signage and
container color.
Organic Waste Generator
Requirement
Sections 8.08.930 and 8.08.840
Organic Waste Generator fails to comply with
requirements adopted pursuant to this Chapter
for the collection and Recovery of Organic
Waste.
Hauler Requirement
Section 8.08.880
A hauler providing Residential, Commercial or
industrial Organic Waste collection service fails to
transport Organic Waste to a facility, operation,
activity, or property that recovers Organic Waste,
as prescribed by this Chapter.
REQUIREMENT DESCRIPTION OF VIOLATION
Hauler Requirement
Section 8.08.880
A hauler providing residential, Commercial, or
industrial Organic Waste collection service fails to
obtain applicable approval issued by the City to
haul Organic Waste as prescribed by this
Chapter.
Hauler Requirement
Section 8.08.880
A hauler fails to keep a record of the applicable
documentation of its approval by the City, as
prescribed by this Chapter.
Self-Hau ler Req u irement
Section 8.08.890
A generator who is a Self-Hauler fails to comply
with the requirements of 14 CCR Section
18988.3(b).
Commercial Edible Food
Generator Requirement
Section 8.08.860
Tier One Commercial Edible Food Generator fails
to arrange to recover the maximum amount of its
Edible Food that would othenryise be disposed by
establishing a contract or written agreement with
a Food Recovery Organization or Food Recovery
Service and comply with this Section
commencing Jan. 1, 2022.
Commercial Edible Food
Generator Requirement
Section 8.08.860
Tier Two Commercial Edible Food Generator fails
to arrange to recover the maximum amount of its
Edible Food that would othenruise be disposed by
establishing a contract or written agreement with
a Food Recovery Organization or Food Recovery
Service and comply with this Section
commencinq Jan. 1 ,2024.
Commercial Edible Food
Generator Requirement
Section 8.08.860
Tier One or Tier Two Commercial Edible Food
Generator intentionally spoils Edible Food that is
capable of being recovered by a Food Recovery
Orqanization or Food Recovery Service.
Organic Waste Generator,
Commercial Business Owner,
Commercial Edible Food
Generator, Food Recovery
Organization or Food Recovery
Service
Sections 8.08.840 and 8.08.860
Failure to provide or arrange for access to an
entity's premises for any Inspection or
investigation.
Recordkeeping Requirements for
Commercial Edible Food
Generator
Section 8.08.860.
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records, as prescribed by
Section 8.08.860.
Record keeping Requirements for
Food Recovery Services and Food
Recovery Organizations
Section 8.08.870
A Food Recovery Organization or Food Recovery
Service that has established a contract or written
agreement to collect or receive Edible Food
directly from a Commercial Edible Food
Generator pursuant to 14 CCR Section
REQUIREMENT DESCRIPTION OF VIOLATION
18991.3(b) fails to keep records, as prescribed by
Section 8.08.870.
8.08.950 - Goordination and interpretation in conjunction with related solid waste ordinances.
In interpreting this Chapter in conjunction with the City's general Solid Waste regulations (Carpinteria Municipal Code Chapter 8.08), in the event of any conflict between this Chapter and Chapter 8.08 that cannot be reasonably harmonized through the application of lawful principles of statutory construction, the provisions of this Chapter shall control with respect to all issues specific to the regulation of organic and Food Waste collection, disposal, enforcement and penalties.
8.08.960 - Effective date.
This Chapter shall be effective commencing on February 1, 2022 City of Carpinteria
Councr- Aceruon Srlrr Reponr
January 10,2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of the attached Resolution No. 6080, authorizing a change of signature on City bank accounts.
STAFF REGOMMENDATION
Adopt Resolution No. 6080, authorizing a change of signatures on City bank accounts.
Sample Motion: I move adoption of Resolution No. 6080, as read by title only
BACKGROUND / DISCUSSION
Recent staff changes necessitate a corresponding change in the signature authorization on City bank accounts. All the names and positions are the same as prior with the exception of adding Michael P. Ramirez and Rod Baltazar.
POLICY CONSISTENCY
The City's approved signature authorities on City bank accounts were last reviewed and adopted per Resolution No. 6075, on October 11,2021.
FINANCIAL CONSIDERATIONS
None
LEGAL
None
PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown
G : \L i cette\STAF F\S i g n atu re C h a n ge 1 - I 0 -22. d ocx Authorizing a change of signatures on City bank accounts January 10,2022
Page2
ATTACHMENTS
A. Resolution No.6080
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 7 55-4448, I icettem@ci. carpi nteria. ca. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, daved@ci. carpinteria.ca. us
Signature
G :\Licette\STAF F\Si g natu re Change 1 - 1 0-22.docx
Attachment A
Resolution 6080
and
RESOLUTION NO. 6080
A RESOLUTION OF THE CARPINTERIA CITY COUNCIL
AUTHORIZING SIGNERS ON BANK
ACCOUNTS FOR THE CITY OF CARPINTERIA
AND SUPERSEDING ALL PRIOR AUTHORIZATION
WHEREAS, Michael P. Ramirez assumed Assistant City Manager effective December 6; WHEREAS, Rod Baltazar assumed Senior FinancialAnalyst effective December 14; and
WHEREAS, this change necessitates a corresponding change in the signature authorities on City bank accounts; and
WHEREAS, all names and positions remain the same as previously with the exception of adding Michael P. Ramirez and Rod Baltazar.
NOW, THEREFORE, BE tT RESOLVED that:
SECTION 1. The City Manager, Dave Durflinger, is hereby authorized and directed to open and maintain such bank accounts in banks or savings institutions as he may deem necessary and advisable for the conduct of the affairs of the City and any two of the following persons, acting together, and consistent with all applicable City policies and procedures, are authorized and empowered to execute checks and other items of indebtedness for and on behalf of this City.
Dave Durflinger, City Manager
Licette Maldonado, Administrative Services Director
Laura Hernandez, Human Resources and Risk Manager
Michael P. Ramirez, Assistant City Manager
Rod Baltazar, Senior Financial Analyst
SECTION 2. This resolution authorizing singers on City bank accounts supersedes all prior authorizations.
PASSED, APPROVED AND ADOPTED on January 10, 2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
City of Carpinteria
Gourucr Aceruoa Srlrr RepoRr
January 10,2022
ITEM FOR COUNCIL CONSIDERATION
Declaration of City-owned Property/Equipment as Surplus Assets
STAFF RECOMMENDATION
Adopt Resolution No. 6087, declaring City-owned property/equipment as surplus assets and authorizing its disposal.
Sample Motion: I move to approve and adopt Resolution No. 6087, as read by title only, declaring City-owned property/equipment as surplus assets and authorizing its disposal.
BACKG ROU N D/DISC USS ION
Various items in the City's inventory of equipment reach an age or a state of disrepair or are othenruise no longer needed. The purpose of this agenda matter is to request that the City Council approve disposing of certain items no longer of use to the City as identified in the attached list.
POLICY CONSISTENCY
Carpinteria Municipal Code Section 3.32.050 authorizes the Administrative Services Director, as purchasing officer to supervise the exchange or trade-in of all supplies and equipment which have become unsuitable for City use for new supplies and equipment.
Disposal of assets requires Council approval.
FINANCIAL CONSIDERATIONS
Any proceeds from the sale of these assets will be deposited into the General Fund
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management considerations presented with this item Declaration of City-owned Equipment as Surplus Assets
January 10,2022
OPTIONS
1. Adopt Resolution No. 6087, declaring City-owned property/equipment as surplus assets and authorizing their disposal. (Staff Recommendation)
2. The City Council could not authorize the disposal of surplus materials and direct staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting
ATTACHMENTS
Attachment A:
Attachment B:
Resolution No. 6087
Property/Eq u i pment Photog raphs
Staff contact:
Brian C. Barrett, Acting City Clerk
(805) 755-4446; brianb@ci. nteria.ca.us
Reviewed by:
Licette Maldonado,
Ad ministrative Services Director
(805) 755-4448; licettemrOci. nteria.ca.us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. us ture
P:\PW Boards and Committees\CC\2022\011122\City Hall Surplus Authorization\2022011O_Surptus Items Staff Report.docx
Declaration of City-owned Equipment as Surplus Assets
January 10,2022
ATTACHMENT A
RESOLUTION NO.6087
P:\PW Boards and Committees\CC\2022\011022\City Hall Surplus AuthorizationV0220110_Surplus Items Staff Report.docx
Declaration of City-owned Equipment as Surplus Assets
January 10,2022
THIS PAGE INTENTIONALLY LEFT BLANK
P:\PW Boards and Committees\CC\2022\011022\City Hall Surplus AuthorizationVO22OllO_Surptus Items Staff Report.docx
RESOLUTION NO. 6087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA DECLARING CERTAIN EQUIPMENT AS
SURPLUS ASSETS
WHEREAS, inventory of certain City-owned property/equipment as listed in Exhibit A to this Resolution are designated for surplus; and WHEREAS, said City-owned property/equipment has been determined to have reached either a state of disrepair or othenryise is no longer perceived as suitable for future service; and
WHEREAS, Carpinteria Municipal Code Section 3.32.050 (Surplus supplies - Trade ins authorized) authorizes the City Manager, as purchasing officer, in part, to supervise the exchange or trade-in of all supplies and equipment that have become unsuitable for City use.
NOW, THEREFORE, BE lT RESOLVED as follows
SECTION 1. The City Council declares said City-owned
property/equipment shown in the attached Exhibit A are declared surplus and are to be disposed of in the most economical way possible.
PASSED, APPROVED AND ADOPTED on January 10,2022, by the following vote:
AYES coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
NOES
Mayor, City of Carpinteria
ATTEST
ABSENT
ABSTAIN
Acting City Clerk, City of Carpinteria
Resolution No. 6087
I hereby certiry that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10, 2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Resolution No. 6087
Exhibit A to Resolution No. 6087
1 Fire-Safe File Cabinet (4-Drawer) 0072
2 Metal Paper Holders/Sorters 2010
1 Larqe Electric Paper Shredder 1162
I Metal File Gabinet (4-Drawer) N/A
1 Large Black Lockable Metal Container for Network N/A
1 Small Electric Paper Shredder 1471
1 Wooden Table N/A
100+/- Bike Racks N/A
I Coca Cola Refriqerator N/A
1 Ford Ranger 1 999 1027991 1 FTPRl OC3XPA7O151
Declaration of City-owned Equipment as Surplus Assets
January 10,2022
ATTACHMENT B
Property/Eq u ipment Photographs
P:\PW Boards and Committees\CC\2022\011022\City Hall Surplus AuthorizationV022011O_Surplus Items Staff Report.docx
Declaration of City-owned Equipment as Surplus Assets
January 1A,2022
P:\PW Boards and Committees\CC\2O22\011022\City Hall Surplus Authorization\20220110_Surptus Items Staff Report.docx
Quantity Description Year License Plate
No.
Serial No.
1 Ford Ranoer 1 999 1027991 1 FTPRl OC3XPA7O1 51
City of Carpinteria
Cour.rcrr- Aceruoa Srnrr Reponr
January 10,2022
ITEM FOR COUNCIL CONSIDERATION
Advance purchase of a prefabricated restroom building for installation at the future Carpinteria Skate Park located at City Hall, 5775 Carpinteria Avenue.
STAFF RECOMMENDATION
Authorize the City Manager to issue a purchase order for a restroom building for installation at the future Carpinteria Skate Park located at City Hall, 5775 Carpinteria Avenue.
Sample Motion: I move to authorize the City Manager to issue a purchase order to CXT Precast Concrete Products in the not-to-exceed amount of $66,000.
This motion requires a roll callvote
BACKGROUND
On June 1,2020, the Planning Commission approved the Development Plan and Coastal Development Permit to construct a new 36,500 square foot public skate park on the easterly side of City Hall at5775 Carpinteria Avenue. The Planning Commission approval included acceptance of the categorical exemption pursuant to Section 15332 of the California Environmental Quality Act (CEOA). The skate park plan approval includes 19,500 square feet of skateable atea,23 new parking spaces, a 7,690-square foot plazalpicnic area, a 2S0-square foot restroom building, 10,970 square feet of new landscaping/hardscape, and night lighting.
The purpose of this agenda matter is to seek City Council authorization to purchase the restroom building for the skatepark.
DISCUSSION
The skatepark project is currently open for public bidding, which is scheduled to close on January 27,2022. The skate park plans include the installation of a prefabricated restroom building. Because the lead time to receive this product can be up to six Skate Park Restroom Purchase Order
January 10,2022
Page#2
months, Staff recommends the building be ordered now to meet the timeline of the skate park project.
ln addition, by ordering the building in January, the price will be 10% lower as the supplier has announced a price increase for orders received after Janu ary 31, 2022.
The City has purchased prefabricated restroom buildings from the same manufacturer four previous times and finds them to be reliable and durable. They are also one of the most affordable public restroom solutions.
The City is a participating Sourcewell agency and utilizes their services in order to more cost effectively and efficiently procure supplies, materials and other products that have been competitively bid in advance. L. B. Foster Company, the parent company of CXT has been awarded a Sourcewell contract (#081721-CXT),
The City's Municipal Code allows for the City to utilize cooperative purchasing contracts (see CMC 3.32.210 - Cooperative purchasing), and, if the restroom purchasgis authorized by the City Council, Staff intends to procure it through this source.
The purchase agreement includes the complete restroom building, delivery and placement onto a building pad. The City is required to provide the building pad and all the inground plumbing. ln addition, the City is required to make the final electrical and plumbing connections before the building will be usable.
POLICY CONSIDERATIONS
Approval of the subject restroom purchase supports a parks and recreation capital project that has been found by the City Council and Planning Commission to be consistent with City General Plan policies that call for the City to develop new park and recreation facilities based on identified community needs.
Open Space, Recreation & Conservation Element
Objective OSC-14. Provide for adequate park and recreation facitities to meet the needs of the community and visitors.
lmplementation Measure 61. Suppoft development of new or expanded park and recreation facilities as demand/need dictates. When latent demand for parks and recreation facilities is identified, adequate parkland and facitities shail be identified and pursued.
FINANCIAL SIDERATIONS
The purchase price for the restroom building is $65,328. The cost is budgeted in the City's FY 21-22 Budget. The funding source is the Parks lmprovement Fund. The purchase price is a small part of the overall skatepark project cost, estimated at $1.1 to
1.4 million dollars.
G:\MATT\PARK-REC\skateparks\Restroom\Staff Report DRAFT-po for restroom .docx Skate Park Restroom Purchase Order
January 10,2022
Page #3
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The proposed purchase, as described above, is consistent with City regulations and state law for public agency purchasing. The restroom facility is also a part of an improvement plan for the skatepark that was thoroughly vetted for risk management considerations during its development.
OPTIONS
1. lssue a purchase order for the purchase of the restroom structure as recommended by Staff
2. Direct staff as determined appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENT
CXT Cortez model precast restroom quote and ordering information Staff contact:
Matthew Roberts
Parks, Recreation and Public Facilities Director
(805) 755-4449
Mattr@ci. carpi nteria. ca. us
Reviewed by: Dave Durflinger, City Manager
L-b
ture
G:\MATT\PARK-REC\Skateparks\Restroom\Staff Report DRAFT-PO for restroom_.docx Skate Park Restroom Purchase Order
January 10,2022
Page#4
Aftachment 1
OR DLRI N G I N FORIV'I-\TI O N
Award€d Contract
Sourcewell
CXTo Precast Concrete Products manufactures restroorn, shower and concession buildings in multiple designs. textures and colors. The roof and walls are fabricated with high strength precast concrete to meet all local building codes and textured to match local architectural details.
All CXT buildings are designed to meet A.D.A. and to withstand heavy snow, high wind and category E seismic loads. All concrete construction also makes the buildings easy to maintain and withstancl the rigors of vandalism, The buildings are prefabricated and delivered complete and ready-to- use, including plurnbing and electrical where applicable.
With thousands of satisfied customers nationwidg CXT is the leader in prefabricated concrete restrooms,
l. ORDERING ADDRESS(ES): CXT Precast Products, tnc., 606 N. pines Road, Suite 202, SpokaneValley, WA 99206
2. ORDERING PROCEDURES: Fax 509-928-8270
3. PAYMENT ADDRESS(ES): CXT Precast Products, lnc., 6701 E. Flamingo Avenue, Building 300, Nampa, lD 83687
4. WARRANTY PROVISIONS: CXT provides a one (l) year warranty.The warranty is valid only when concrete is used within the specified loadings.
Furthermore, said warranty includes only the related material necessary for the <onstruction and fabrication of said concrete components.
All other non-concrete components will carry a one (1) year waranty.
CXT warrants that all goods sold pursuant hereto will, when delivered, conform to specifications set forth above. Goods shall be deemed accepted and meeting specificationE unless notlce identifying the nature of any non-conforrnity is providecl to CXT in writing within the specified warranty. CXL at its option, will repair or replace the goods or issue credit for the customer provided CXT is first given the opportunity to inspect such goods. lt is specifically understood that CXT's obligation hereunder isforcredit, repairor replacement only, F.O.B. CXTt rnanufacturing plants, and does not include shipping, handling, installation or other incidental or consequential costs unless otherwise agreed to in writing by CXT.
This warranty shall not apply to:
1 . Any goods which have been repaired or altered without CXT.s express written consent, in such a way as in the reasonable judgment of CXI to adversely affect the stability or reliability thereof;
2. To any goods which have been subject to misuse, negligence, acts of God or accidents; or
3. To any goods which have not been installed to manufacturert specifications and guidelines, improperly maintained, or usecl outsicle of the specifications for which such goods were designed.
5. TERMS AND CONDITIONS OF INSTALLATTON (tF AppLtCABLE):All prices subject to the Konditions of Sa le'listed on the CXT quotation form.
Customers are responsiblefor marking exact location building is to be set; providing clear and level site, free of overhead and/or underground obstructions; and providing site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. Customer shall provide notice in writing of low bridges, roadway widtlr or grade, unimproved roads or any other possible obstacles to access. CXT reserves the right to charge the customer for additional costs incurred for special equipment required to perform delivery and installation. Customers will negotlate installation on a project-by-project basis, which shall be priced as separate line items.
For more information regarding installation and truck turning radius g uideli nes please see ou r website at htt p://www.<xtinc.com.
Cond f 060117€( r
ln the event delivery of the building/s ordered is/are not completed within 30 days of the agreed to schedule through no fault of CXI an invoice for the full contract value {excluding shipping and installation costs) will be submined for payment. Delivery and installation charges will be invoiced at the time of delivery a nd installation.
Should the delivery and installation costs increase due to changes in the delivery period, this increase will be added to the price originally quoted, and will be subject to the contract payment terms. ln the event that the delivery is delayed more than 90 days after the agreed to schedule and through no fault ofCXT, then in addition to tlre remedies aborre, a storagefee of l -l:% of contract price per month or any part of any month will be charged.
t*Customer is responsib le for a ll loca I permits and fees.
6. DELIVERY CHARGE: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers.
7. PAYMENT TERMS: Paymentto CXI bythe purchasershall be made net 30 days after submission of the invoice to the purchaser on approved credit. lnterest at a rate equal tothe lower of (i) the lrighest rate permitted by law; or (ii) 1.5% per month will be charged monthly on all unpaid invoices beginning with the 35th day (includes five (5) day grace period) from tlre date of the invoice. Under no circumstance can retention be taken. lf CXT initiates legal proceeding to collect any unpaid amount, purchaser shall be liable for all of CXT's costi expenses and attorneys, fees and costs of any appeal.
8. LIMITATION OF REMEDIES: ln the event of any breach of any obligations hereunder; breach of any warranty regarding the gmds, or any negligent act or omission of any party, the parties agree to submit all clairns to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. ln no event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, in no event shall CXT be liable for damages in excess ofthe purchase price ofthe goods herein offered.
9. DELIVERY INFORMATION: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver frorn the closest location on our carriers. Use the information below to determine the origin:
. F.O.8.6701 E. Flamingo Avenue, Building 300, Nampa, lD 83687 applies to: AK, CA, Hl, lq MT, Nq NV, OR, SD UT, W4 Wy.
. F.O.B.901 North Highway 77, Hillsboro, TX 76645 applies to AR, AZ, Cq I4 KS, LA, MN, Mq MS, NE, NM, OKTX.
. F.O.B. 362 Waverly Road, Williamstown, WV 261 83 applies to AL, CT, DE, FL, GA, IL, IN, KY MA! Mq ME, MI, NC, NH, NJ, NY OH, PA, PR, RI, SC, TN,
VA,W,WI,WV'
. Prices exclude all fecleral/state/local taxes. Tax will be charged where applicable if customer is una ble to provide proof of exemption.
G:\MATT\PARK-REC\skateparks\Restroom\staff Report DRAFT-po for restroom .docx 2020Terms
Skate Park Restroom Purchase Order
January 10,2022
Page #5
Cortez wlth chase restroom building. Standard features include slmulated barnwood texture walls, simulated cedar shake textured roof, vitreous china fixtures, interior and exterior lights, off loaded and set up at site.
Cortez 1o'3"x17' *Base Price $ 45,028.00
Optional Sections:
Restroom"$45,028 Q,ty: = $0 00
Family Assist Shower/Restroom Combo* $52,966 Qty: = $0.00 Showed $s4,9sl q1y;
Storage $41,552 Qtln
= $0.00
= $0.00
Concesslon* $5'1,974 Qt}t: = $0.00
*lncludes 4-gollon water heateL Total Optional Sections 0.00 Added Cost Options: Prke
Per Unlt
Final Connection to Utilitles
wall Texture *h*m O Split Face Block (S3.5oo)
Roof Todure -** Eo"lt" nio
lnsulation / Heaters (per section)
Stainless Steel Water Closet (each)
Stainless Steel Lavatory (each)
Eletfilc Hand Dryer (each)
Electronlc Flush Valves (each)
Electronic Lavatory Faucets (each)
Exterlor Mounted ADA Drinking Fountain (each)
Optlonal Door Closure (each)
Skyllght ln Restroom (each)
Marlne Grade Skyllght ln Restroom (each)
Marlne Package for Extra Corrosion Resistan(e (per sectlon) Flberglass Entry and Gase Doors and Frames
TIle Floor ln Restroom (per sectlon)
2K Anti-Grafrti Coatlng (per sectbn)
Tlmed Electric Lock System (2 doorc - does not include chase door) Exterlor Frostproof Hose Blb wfth Box (each)
Paper Towel Dlspenser (each)
Toilet Sert Cover Dlspenser (each)
Sanitary Napkin Disposal (each)
Baby Changing Statlon (each)
CXT Wastebasket (each)
Stamped Plans
Estimated monthly payment on 5 year lease $1,313.09
$ 3,500.00
OstruckTrowel(Stsoo) OStone(55,000) ResetWallTexture
3,000.00
16,500.00
950.00
600.00
700.00
750 00
650.00
3,600.00
450.00
450.00
1,600.00
3,450 00
1,700.00
3,000.00
3,500.00
2,500.00
450.00
200.00
100.00
75.00 500.00
150.00
2,000.00
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0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
2,000.00
2,000.00
9,000.00
3,900.00
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Total Cost ofSelected Accersories from Accessories Price Llst; Estlmated One-Way Transportation Costs to Site (quote):
custom opuons: cA approvals $900, DIR adjustments $1 ooo, cA I hr crane min $2000 Non-taxable ltems (1.e., freight, lnstallation, etc.)i
Tax
5 s
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5 s 5,400.00
TotalCostperUnitPlacedatjobSite: I $ 65,32S.00 |
Dlsclalmcn Plcase call to confirm sclcctad scctlons ora conpallblc.
I accept thls quote, Please process thls order.
Company Name
Customer
Date
Thls prlce quote ls good for 60 days from date below and ls accurate and complete.
CXT Sales Repres€ntatlve
Date
scurcercll- 'i
h.d6mG:\MATT\PARK-REC\Skateparks\Restroom\Staff Report DRAFT-PO for restroom_.docx Skate Park Restroom Purchase Order
January 10,2022
Page #6
OPTIONS
Exterior Color Options:
(For single color mark an X or for two tone combinations use W = Amber Rose Liberty Tan
-
To"rted Almond
-
oatrnealBuff
Sun Bronze Golden Beige
Sand Beige Natural Honey
Pueblo Gold Cappuccino Cream
Granite Rock Georgia Brick
Rich Earth Charcoal Grey
Barnwood Horizontal Lap
Split Face Block Board & Batt
Stucco/Skip Trowel Brick
(Textures not included in CXT's quote are additional cost,) Special roof color #
Specialwall color #
Specialtrim color #
(Sage green, hunter ond evergreen colors are not available in colared through concrete.) Rock Color Options:
Basalt Mountain Blend NaturalGrey
Roof Texture Options:
Cedar Shake Ribbed Metal
Wall Texture Options:
(For single furture mark an X or for different top and bottom tertures use T = Top / a = Bottom) Wails/R=Roof,)
Berry Mauve
Buckskin
Mocha Carmel
Salsa Red
Coca Milk
Western Wheat
Hunter Green
Sage Green
Rosewood
Malibu Taupe
Java Brown
Raven Black
Nuss Brown
Evergreen
Romana
Can only be used
os bottom texture.
Napa Valley Rock
River Rock
Flagstone )
Door Opener Options:
I Non-locking ADA Handle
f] Privacy ADA Latch
! nutt Handle/Push Plate
Deadbolt Options:
! cxr Supptied ICustomer Supplied
Type & Paft Number
Accessible Si gnage Options:
! v"n [wor"n Iunit"*
Paper Holder Options:
n z-nott Stainless Steel
Notes:
! r-nolt Staintess Steel
G:\MATT\PARK-REC\skateparks\Restroom\staff Report DRAFT-po for restroom .docx CXT@ flush restrooms are engineered and designed for
long life in extreme conditions.
. Built to Look Great and Designed to Last
. Simple to lnstall and ReadY to Use
. Easy to Maintain and Vandal Resistant
. Pre-Engineered
. TougherThan Kits, Block or Steel
E-S* __-- ,q\
GREEN
CoDtract GS{7F-0602N
UTILITIES
. Pre-wired, pre-plumbed and tested before shipping to meet local code requirements.
. Concealed within the chase/storage area for easy hook up and maintenance, and to reduce vandalism.
HOOK UP AND INSTALLATION
. Minimal site work is required.
. Water, sewage and electrical utility lines are stubbed up through the prepared base material to match up with the utility blockout within the floor of the chase area.
. Hookup of the three utility lines can be completed in a matter of hours.
t' Schedule
@
www.cxtinc.com
800.696.s766
. Meets UFAS, ADA and California Title 24 reqltirements . Vandal resistant building and toilet components
. 4"thick steel reinforced concrete walls
. 5"thick steel reinforced concrete roof and floors
. Quick installation and hookup at the job site
. Will not rot, rust or burn
. Easily cleaned with a brush and warm soapy water
. Available in 28 different colors
. Custom textures and colors also available
Sc-,r,rccwell .
i
SINGLE USER FLUSH RESTROOMS
Cortez
2 single user restrooms
2 ADA toilets | 2 sinks
Shown:
> Mocha Caramel Barnwood
walls and Cedar Shake roof
> Optional drinking fountain
with grab bars
Denali
2 single user restrooms
2 ADA toilets | 2 sinks
Shown:
> Amber Rose Board & Batt
upper walls
> Mountain Blend Flagstone
rock lower walls
> Granite Rock Cedar Shake
roof
> Optional drinking fountain
Ozark ll
2 single user restrooms
2 ADA toilets | 2 sinks
Shown:
> Western Wheat Horizontal
Lap upper walls
> Mountain Blend Napa
Valley rock lower walls
> Pueblo Gold Cedar Shake
roof
Ozark I
1 single user restroom
l ADAtoiletll sink
Shown:
> Granite Rock Split Face
Block walls
> Western Wheat Cedar
Shake roof
> Optional drinking fountain
with grab bars
AII drawings are typicalfloor plans with options shown ond are for reference only. lr
#,
MULTI USER FLUSH RESTROOMS
Kodiak
2 multi-user restrooms
3 toilets (2 ADA) 1 urinal
2 sinks
Shown:
> Sand Beige and Granite
Rock Split Face Block walls
> Granite Rock Cedar Shake
roof
Montrose
2 multi-user restrooms
3 toilets (2 ADA) 1 urinal
2 sinks
Shown:
> Natural Honey Horizontal
Lap upper walls
> Napa Valley Flagstone lower
walls
> Sand Beige Cedar Shake
roof
> Optional drinking fountain
> Optional privacy screen
Taos
2 multi-user restrooms
5 toilets (2 ADA) 1 urinal
4 sinks
Shown:
> Buckskin Split Face Block
walls
> Granite Rock Cedar Shake
roof
> Optional drinking fountain
Arapahoe
4 family assist restrooms
4 ADA toilets | 4 sinks
Shown:
> Charcoal Gray Barnwood
walls
> Golden Beige Cedar Shake
roof
All drawings are typicalfloor plans wlth optlons shown and are for reference only.
O o
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o
CUSTOM BUILDINGS
CXT can customize colors, textures and other options like privacy walls, porches, shade shelters, and awnings to match the aesthetics of your project. Other rooms such as laundry, changing rooms, storage rooms and locker rooms can be added to enhance the amenities at your location.
Flush restroom with custom simulated wood texture ond awning Flush restroom with custom golf cart shelter
ENGINEERED TO WITHSTAND SNOW, WIND,
WATER AND ZONE-4 SEISMIC LOADS
#3 Reinforcing
Perimeter Bar
4x4xl/tJBxWS Wetded
WireFabric
@
3/8" Stsdd€d Steet
Wetd PtateE
5O00 P5! Concrete
Flush restroom with custom awning
Flush restroom with custom texture and roof pitch
www.cxtinc.com
800.696.s766
Frcca:t Exterisr
WattPanet
Precast Floor Slab
CXT lncorporated is a wholly owned subsidiary of L.B. Foster Company. o 2018 CXT lncorporated City of Carpinteria
Cour.rql Acrruon Srnrr Reponr
January 10,2022
ITEM FOR COUNCIL CONSIDERATION
Resolution No. 6086, Authorizing the Execution of a Freeway Maintenance Agreement with the State of California Department of Transportation for the Highway 101 Carpinteria to Santa Barbara Project- Phase 44.
STAFF RECOMMENDATION
Adopt Resolution No. 6086, authorizing the execution of a Freeway Maintenance Agreement with the State of California Department of Transportation for the Highway 101 Carpinteria to Santa Barbara Project- Phase 4A.
Sample Motion: I move to approve and adopt Resolution No. 6086, authorizing the execution of a Freeway Maintenance Agreement with the State of California Department of Transportation for the Highway 101 Carpinteria to Santa Barbara Project- Phase 4A. (Requires a roll callvote.)
BACKGROUND
The Highway 101 Carpinteria to Santa Barbara Project Phase 44 generally consists of constructing High Occupancy Vehicle lanes on Highway 101 for 3.2-miles between Carpinteria and Santa Barbara. The project objectives are to improve access and operations; improve operations on Highway 101 ; reduce the use of Highway 101 for local trips; improve public transportation accessibility; improve local vehicular, bicycle and pedestrian circulation; and reduce emergency response times. On April 1,2019, the Planning Commission accepted the Final Environmental lmpact ReporUEnvironmental Assessment and approved the project under City Project No. 18-1920-CUP/CDP with conditions of approval.
As a statutory requirement of ownership and operation of planned traffic and circulation features for the freeway, an agreement between the City and the California Department of Transportation (Caltrans) must be established. Specifically, California Streets and Highways Code (SHC) Sections 100.2,100.21,100.22 and 100.25 provide the statutory direction for execution of freeway or controlled access highway agreements when Resolution No. 6086-Freeway Maintenance Agreement
January 10,2022
planned traffic circulation at or near a freeway or expressway will be modified including modification to city streets or county roads. Caltrans proposed the Freeway Maintenance Agreement as shown in Exhibit A of Resolution No. 6086 (Attachment A).
On September 10, 2021, the Freeway Maintenance Agreement was presented to the Public Facility Site Acquisition/Development Committee (Council Members Carty and Nomura).
The purpose of this agenda matter is to allow for the City Council to consider and adopt Resolution No. 6086, authorizing the execution of the Freeway Maintenance Agreement with Caltrans for the Highway 101 Carpinteria to Santa Barbara Project- Phase 44.
DtscusstoN
The Freeway Maintenance Agreement essentially proposes to assign maintenance responsibilities for the project improvements. ln particular, improvements proposed to be assigned to the City involve Santa Ynez Avenue Overpass and immediately adjacent areas. Santa Ynez Avenue Overpass is a part of the City's public right-of-way. The following list summarizes the improvements that are proposed for the City's maintenance responsibilities:
1. Santa Ynez Avenue Overpass bridge deck wearing surface, sidewalks, and traffic control devices.
2. Debris removal and cleaning for areas immediately adjacent to Santa Ynez Avenue Overpass.
3. Landscape maintenance for areas immediately adjacent to Santa Ynez Avenue Overpass.
Access to the Santa Ynez Avenue Overpass bridge deck is within the City's public rightof-way and the adjacent areas of the Santa Ynez Avenue Overpass are within Caltrans right-of-way. ln accordance with the Freeway Maintenance Agreement, Caltrans will authorize the City to access these areas for maintenance purposes through a Caltrans Encroachment Permit at no cost to the City.
The proposed Freeway Maintenance Agreement will not replace or supersede other existing agreements between Caltrans and the City including the Freeway Maintenance Agreement of March 21,2016, for the Linden Avenue and Casitas Pass Road lnterchanges and Via Real Extension Project and the Freeway Maintenance Agreement of August 9, 1966, for the Bailard Avenue Overpass. The City's maintenance obligation will begin immediately after the full execution of the Freeway Maintenance Agreement by the City and Caltrans.
Resolution No. 6086-Freeway Maintenance Agreement
January 10,2022
POLICY CONSISTENCY
The Freeway Maintenance Agreement was prepared in response to and in accordance with SHC Sections 100.2, 100.21 , 100.22 and 1 00.25, and is consistent with the City's interest in proper maintenance of public transportation facilities within City limits.
FINANCIAL CONSID TIONS/FISCAL IMPACT
There are financial impacts to the City related to the maintenance obligations that are a part of the Freeway Maintenance Agreement. The estimated annual maintenance expense is $5,000. A budget will be programmed in the ensuing fiscal year for this anticipated street maintenance/right-of-way expense by the Freeway Maintenance Agreement. Funds from Gas Tax, Local Transportation Fund, and/or Measure A are eligible to be used for street maintenance/right-of-way expenses. The current Fiscal Year 2021122 Budget accounts for street maintenance/right-of-way expenses in the other existing freeway m ai ntena nce ag reements.
LEGAL AND RISK MA MENT CONSIDERATIONS
The City Attorney's Office and the City's insurance carrier, California Joint Powers lnsurance Authority, reviewed the Freeway Maintenance Agreement and finds no further exceptions. Once executed, the Freeway Maintenance Agreement may be updated as necessary at the request of either the City or Caltrans.
OPTIONS
1. Adopt Resolution No. 6086, authorizing the execution of a Freeway Maintenance Agreement with Caltrans for the Highway 101 Carpinteria to Santa Barbara Project- Phase 44. (Staff recommendation)
2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate.
PRINCIPAL PARTI ES D AT MEETING
There are no principal parties expected at the meeting
ATTACHMENTS
Attachment A: Resolution No. 6086
Staff contact:
John L. llasin P.E., Public Works Director
(805) 684-5405, [email protected]
Resolution No. 6086-Freeway Maintenance Agreement
January 10,2022
Page
4 Reviewed by:
Dave Durflinger, City Manager
(805) 7 55-4400, daved@ci. carpinteria. ca. us
ture
ATTACHMENT A
Resolution No.6086
RESOLUTION NO. 6086
A RESOLUTION OF THE CITY OF CARPINTERIA CITY COUNCIL AUTHORIZING
THE EXECUTION OF THE FREEWAY MAINTENANCE AGREEMENT WITH THE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 101 CARPINTERIA TO SANTA BARBARA PROJECT. PHASE 4A WHEREAS, the State of California Department of Transportation, hereinafter referred to as Caltrans, is the lead agency for the Highway 101 Carpinteria to Santa Barbara Project- Phase 44; and
WHEREAS, the Highway 101 Carpinteria to Santa Barbara Project- Phase 44 generally consists of constructing High Occupancy Vehicle lanes on Highway 101 for
3.2-miles between Carpinteria and Santa Barbara; and
WHEREAS, during the course of delivering and completing the Highway 101 Carpinteria to Santa Barbara Project- Phase 44, Caltrans and the City of Carpinteria may enter into agreements when necessary, including, but not limited to, a freeway agreement, cooperative agreement, freeway maintenance agreement, and property exchange agreement; and
WHEREAS, as the need for additional agreements to provide for specific elements of the Highway 101 Carpinteria to Santa Barbara Project- Phase 44 becomes apparent, such additional agreements will be provided by Caltrans to the City for consideration; and
WHEREAS, Caltrans must apply for and receive City permits including, but not limited to, conditional use and coastal development permits through the City's development review process; and
WHEREAS, no city street may be closed, either directly or indirectly, by the construction of a freeway except pursuant to a freeway agreement entered into between Caltrans and the city pursuant to California Streets and Highways Code Section 100.2; and
WHEREAS, California Streets and Highways Code Section 100.21subdivision (a), requires Caltrans to first execute a freeway agreement with a city before acquiring any real property for a freeway through a city; and
WHEREAS, on February 13,2013, the Freeway Agreement was executed between the City and Caltrans, wherein the City and Caltrans consented to certain adjustments of the local street and road system required for the development of that portion of Highway 101 within the jurisdictional limits of the City as a freeway; and Resolution No. 6086
WHEREAS, recent adjustments to Highway 101, in particular, the Santa Ynez Bridge has now been completed, or are nearing completion, and the City and Caltrans hereto mutually desire to identify the maintenance responsibilities for improvements to separation structures and landscaped areas lying within those modified freeway limits; and
WHEREAS, pursuant to Section 7 of said Freeway Agreement, the City has resumed or will resume control and maintenance over each of the affected relocated or reconstructed City streets except for those portions adopted as a part of the freeway proper; and
WHEREAS, the proposed Freeway Maintenance Agreement will not replace or supersede other existing freeway agreements with Caltrans including the Freeway Maintenance Agreement of March 21,2016, for the Linden Avenue and Casitas Pass Road lnterchanges and Via Real Extension Project and the Freeway Maintenance Agreement of August 9, 1966, for the Bailard Avenue Overcrossing.
NOW, THEREFORE, BE lT RESOLVED as follows:
SECTION 1. The above recitals are true and correct,
SECTION 2. The Carpinteria City Council authorizes the execution of the Freeway Agreement, attached herein in Exhibit A, by the Mayor on behalf of the City.
PASSED, APPROVED AND ADOPTED on the 1Oth day of January,2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST
Acting City Clerk, City of Carpinteria
Resolution No. 6086
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Resolution No. 6086
EXHIBIT A
FMA with the City of Carpinteria
SB l0l PM 1.4 to 4.6
FREEWAY MAINTENANCE
AGREEMENT
WITH
CITY OF' CARPINTERIA
THIS AGREEMENT is made effective this _ day of 20-,by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE," and the City of Carpinteria, hereinafter referred to as "CITY," and collectively referred to as "PARTIES".
SECTION I
RECITALS
t. WHEREAS, on February 13,2013, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Route (SR) 101 within the jurisdictional limits of the CITY as a freeway; and,
2. WHEREAS, recent adjustments to said freeway -in particular, the Santa Ynez Bridge- have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities for improvements to separation structures and landscaped areas lying within those modified freeway limits; and,
3. WHEREAS, the degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section2T of the Streets and Highways Code and the then current edition of the State Maintenance Manual; and,
4. WHEREAS, pursuant to Section 7 of the above February 13,2013 Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part of the freeway proper; and,
5. WHEREAS, there are existing Freeway Maintenance Agreements, with CITY dated March 21,2016 (Linden & Casitas Pass FMA) and August 9, 1966 (Bailard Avenue Overcrossing FMA). This Agreement is not meant to replace or supersede the earlier agreements.
NOW THEREFORE IT IS AGREED
SECTION II
AGREEMENT
l. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference.
FMA with the City of Carpinteria
SB 101 PM L4 to 4.6
2. If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise Exhibit A by a mutual written execution of a new Exhibit A as described in Section 3, below.
3. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES' division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit A and become part of this Agreement.
4. CITY and STATE agree to accept their then respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes.
5. CITY must obtain the necessary Encroachment Permits from STATE's District 5 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to cITy.
6. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
6.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of SR 101 below the deck wearing surface and any wearing surface treatment thereon.
6.2. CITY will maintain, at CITY expense, the deck wearing surface (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing.
6.3. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE expense.
7. WALLS SOLINDWALLS AND COLUMNS - CITY is responsible for debris removal, cleaning, and painting to keep CITY's side of any wall structure, soundwall, or column free of debris, dirt, and graffiti.
8. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside landscaping
, including but not limited to irrigation equipment, lying outside of the fenced STATE right of way area reserved for exclusively for freeway.
9. INTERCHANGE OPERATION - It is STATE's responsibility to provide efficient operation of freeway interchanges including ramp connections to local streets and roads.
FMA with the City of Carpinteria
SB 101 PM 1.4 to 4.6
10. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
10.1. A separate'oShared Cost Electrical Agreement" will be executed in the future allocating costs between the PARTIES.
11. LEGAL RELATIONS AND RESPONSIBILITIES
ll.l.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.
11.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
1 1.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
12. PREVAILING WAGES
I2.l.Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(l) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771, CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles l-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY own forces is exempt from the Labor Code's Prevailing Wage requirements.
12.2. Requirements in Subcontracts - CITY shall require its contractor(s) to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public works" as defined in Labor Code Section FMA with thc City of Carpinteria
SB 101 PM 1.4 to 4.6
1720(a)(l) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts.
13. INSURANCE
I 3 . L SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidenced by a certification of self-insurance letter ("Letter of SelfInsurance"), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the project location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporated as Exhibit B.
13.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY 's contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $l million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
14. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY failwe to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
15. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of PARTIES or until terminated by STATE for cause.
16. ACCEPTANCE OF COLINTERPARTS - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IT.AMENDMENTS - No alteration orvariation of the terms of this Agreement shall be valid unless made by a formal written amendment executed by the PARTIES hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto.
18. AUTHORITY - PARTIES are empowered by Streets and Highways Code Sections ll4 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
FMA with the City of Carpinteria
SB l0l PM 1.4 to 4.6
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
CITY OF CARPINTERIA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By TOKS OMISHAKIN
Wade T. Nomura, Mayor Director of Transportation
Approved as to Content:
By:
David Durflinger, City Manager By
SARA VON SCHWIND
Deputy District Director
Maintenance & Operations
District 5
ATTEST:
By
Brian C. Barrett, Acting City Clerk
As to Form and Procedure:
By
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney of the City of
Carpinteria
FMA with the City of Carpinteria
SB l0l PM 1.4 to 4.6
EXHIBIT '6A''
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities)
I
05 SB 101 1 .4 /4.6
/4 4c
,C
P4 C1
N o C ' /c
4 /Y
CARP]
r) CARPINTEFIA oJ
V]A
CARPINTERIA
I
eJ
h Rfe 15o/101 No, -o224
PM RO-63 -/
',=--eu,onr'o-or1#Hut*ii/- Br
PM 2.44
SOUNDWALL LOCATIONS (HOV- SEGIIENT 4A) LINDEN Ave OC SEVENTH Ave OC DESCRlPTION
NB RT ALON6 VIA REAL VIA REALNB RT NEAR FRANKLIN CREEK BRIDGE
NB RT FRANKLIN CREEK TO SANTA YNEZ AVE
NB RT SANTA YNEZ AVE TO SANTA MONICA CR
JUST NORTH OF SANIA MONICA CRJUST NOR-TH OF SANTA MONICA CR
SB LT SANTA YNEZ AVE TO SANTA MONICA CR
SB LT AT SANTA MONICA CRSB LT SANTA MONICA CR GOING NORTHNB RT SOUTH OF CRAVENS LANENB RT SOUTH OF CRAVENS LANENB RT SOUTH OF CRAVENS LANE
LOCAT I ON
PM 2.O7 TO PM 2.39PM 3.31 TO PM 3.33
PM 3,32 T0 PM 3.66
PM 3.6? TO PM 3.79
PM 3.80 TO PM 3.81
PM 3,80 TO PM 3.83PM 3.68 TO PM 3.77PM 3.?6 TO PM 3.80PM 3.78 TO PM 4.08PM 4.30 TO PM 4.38PM 4.31 TO PM 4.39PM 4.45 TO PM 4.60
SOUNDWALL
*
2345
6 7
I9
10 11
12 B. No. 5l-0353
NO SCALE
FREEWAY MAINTENANCE AGREEMENT
WITH THE CITY OF CARPINTERIA
ON ROUTE 1O1 FROM .2 MILE SOUTH OF BAILARD AVENUE O/ C TO O.7 MILE gOUTH OF SOUTH PADARO LANE
VICINITY MAP
EXHIBIT "A..
w
R,/w lr-i
LEGEND
I tilEo.lf""EiHIi,iTER' ^' s n
=
i!
ir
i1
It
i!
ti
FREEWAY IAINTENANCE AGREETENT
WITH THE CITY OF CARPINTERIA
EXHIBIT TIAII
NO SCALE
FMA with the City of Carpinteria
SB 101 PM 1.4 to 4.6
EXHIBIT *B''
EXHIBIT B - LETTER OF CERTIFICATE OF CITY OF CARPINTERIA STATEMENT OF
SELF INSURANCE
Caltrans - District 5 Jme 8,2021
50 Higuera Street
San Luis Obispo, CA 93401
ATTN: Berkeley Lindt - Senior Maintenance Engineer
RE: Statement of Self Insurance for City of Carpinteria Related to Freeway Maintenance Agreement with State of California Department of Transportation ("STATE") for the portion of freeway along Highway 101 at PM l.4to 4.6.
Dear Berkeley,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers' compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as apart of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers' compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section l2 (INSURANCE) of the Freeway Maintenance Agreement concerning SB 101 PM 1.4 to 4.6, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occulrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-inline regarding the reserved, self-insured amounts.
If you need any additional information regarding this letter, please direct those inquires through my office.
Sincerely,
FINANCE MANAGER
City of Carpinteria
Courucu Aceruon Srnrr Reponr
January 10,2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6079, concerning authorization to submit the Local Coastal Program Planning Grant Round 7 Application to the California Coastal Commission (Coastal Commission) and execute necessary agreements for updating the City of Carpinteria Coastal Land Use Plan/General Plan and Zoning Ordinance.
STAFF RECOMMENDATION
Adopt Resolution No. 6079, authorizing the Community Development Director to submit a planning grant application to the California Coastal Commission for support of the Carpinteria Coastal Land Use Plan (CLUP)/General Plan and Zoning Ordinance updates, and to update related consultant services agreements.
Sample Motion: I move to approve and adopt Resolution No. 6079, as read by title only.
(This motion requires a roll callvote.)
BACKGROUND
State grant funding is provided by the Budget Act of 2021, which appropriates $31 million to the Coastal Commission to support its LCP LocalAssistance Grant Program.
The grant program is intended to provide assistance to local governments responsible for developing and amending Local Coastal Programs. Funds may be used for projects that are designed to assist local governments in assessing impacts and planning for coastal resiliency, including adapting to the impacts of climate change and sea level rise, and which contain an LCP planning component.
The City prepared the Grant Application under the Coastal Commission Local Coastal Program (LCP) Planning Grant Program Round 7 to request $340,500.00 in grant funds for completion of the CLUP/General Plan and Zoning Ordinance Update.
The Grant Application, submitted to the Coastal Commission on December 22,2021, requires adoption and submittal of the Resolution (Attachment A) by January 28,2022, Resolution No. 6079, Grant Application Authorization
January 10,2022
in order to demonstrate requisite authorizations by the City Council. The Coastal Commission Grant Application Round 7 requires adoption of a Resolution that contains the following authorizations: 1) authority to submit the proposal, 2) authority to enter into a grant agreement with the Coastal Commission if the grant is awarded, and 3) designation of the applicant's authorized representative.
A grant award would contribute toward City consultant costs associated with the comprehensive update of the CLUP/General Plan, currently undenruay, the update to the city's Zoning ordinance and city programs required to implement the CLUP/General Plan, and implementation of new state planning laws. ln particular, Coastal Commission grant funding would contribute towards: (1) expansion of the LCp public outreach efforts, (2) preparation of staff reports for the LCP adoption hearings, (3) preparation of the LCP Update Program ElR, and (4) implementation of zoning code Coastal Development Permit procedures.
DtscusstoN
The City's LCP Planning Grant Application outlines the tasks required to complete the City's LCP and initiate certification with the Coastal Commission over an appioximate 2 year period, through December 31,2023, with possible extensions to December 31, 2025.
The Coastal Commission Round 7 Grant Application was developed to meet the grant goals and selection criteria, and includes tasks that closely relate to CoastalAct Priorities and that have been identified to continue to integrate previous LCp Update tasks, including completion of the City's Final Sea Level Rise Vulnerability Assessment and Adaptation Plan (March 2019) and ongoing preparation of the General plan/Coastal Land Use Plan Update. Proposed grant tasks include:
. Expansion of the LCP Update public outreach efforts;
. Preparation of necessary staff reports, ordinances, and resolutions for both the Planning Commission and City Council, as part of the LCP Update adoption process;
. Preparation of a CEQA-compliant Environmental lmpact Report for the LCp Update; and
. lmplementation of Coastal Development Permit regulations as part of the provisions of Chapter 14 - Zoning, of the Carpinteria Municipal Code.
POLICY CONSISTENGY
The Coastal Commission Round 7 grant application serves to update the City's Local Coastal Program and ensure that continued coastal resiliency planning is realized. ln keeping with the Coastal Commission's grant program priorities, the pioposed grant would focus upon completion of the LCP Update work program to implement climate change and sea level rise impacts into effective into policies, actions, and standards of the Coastal Land Use Plan and zoning code.
N:\Grants\CCC Round 7 Grant - CLUP-GP-IP Pt 3\CC Staff Report Packet Jan 10 2022uan 10 22 CC Staff Report CC LCp Round 7 Grant.docx
Resolution No. 6079, Grant Application Authorization
January 10,2022
Planning efforts would extend public outreach efforts during the important phase of public review and comment for both the Public Draft Plan and Program ElR, as well as during the public hearing adoption phase. The grant would also continue ongoing efforts to reach out to all members of the community, including social justice populations, and focus on equitable provision or opportunities of coastal resources (e.9., lower-cost recreational access for everyone). The grant also proposes to fund the preparation of a CEQA-compliant Program EIR and complete the implementation and certification of the Coastal Development Permit procedures for the Chapter 14 - Zoning regulations; actions which are essential to ensure development projects are consistent with the Coastal Act.
FINANCIAL CONSIDERATIONS
The City is requesting $340,500.00 in grant funds under this program. The Grant Application includes a draft budget, broken down by task (Attachment B). The Grant Application requires a minimum of a twenty percent local match component, and City resources are leveraged to maximize the City's match contribution for a competitive application.
The City's local match includes the following:
An in-kind match for City staff labor to oversee the program totaling $44,500.00 (approximately 300 combined City staff hours over two years), for review of documents and materials, and attendance at meetings and hearings occurring during calendar years 2022 and 2023.
A General Fund match of $30,000 for contracted Consultant Services with Wood Environment & lnfrastructure Solutions, lnc. for preparation of staff reports and exhibits ($10,000.00) and preparation of the Program EIR ($20,000.00), occurring within calendar years 2022 and 2023.
LEGAL AND RISK MANAGEM ENT CONSIDERATIONS
Acquiring grant funding for the City's CLUP/GP and Zoning update is consistent with the City's intent in ensuring legally valid, up to date, and relevant planning polices and regulations. Maintaining up to date policies and regulations is also an effective risk management tool.
OPTIONS
1. Adopt Resolution No. 6079, authorizing the Community Development Director to submit this grant resolution to approve the planning grant application to the California Coastal Commission. SfarTrecommendation
2. Direct changes to the Draft Resolution.
3. Choose not to adopt the Resolution, and withdraw the Grant Application a
N:\Grants\CCC Round 7 Grant - CLUP-GP-IP Pt 3\CC Staff Report Packet Jan 10 2022\Jan 10 22 CC Staff Report CC LCP Round 7 Grant.docx
Resolution No. 6079, Grant Application Authorization
January 10,2A22
PRINCIPAL PARTIES EXPECTED AT MEETING
N/A
ATTAC MENTS
Attachment A Draft Resolution No. 6079 with Attachment 1: Grant Apprication for the Coastal Commission LCP Planning Grant Round 7
Staff contact: Steve Goggia, Community Development Director (805) 7 55-441 4, steveq@ci. carpinteria. ca. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, daved@ci. carpinteria. ca. us
N:\Grants\CCC Round 7 Grant - CLUP-GP-IP Pt 3\CC Staff Report Packet Jan 10 2022\Jan 10 22 CC Staff Report CC LCp Round 7 Grant.docx
RESOLUTION NO. 6079
A RESOLUTION OF THE CITY OF CARPINTERIA CITY COUNCIL
AUTHORIZING SUBMITTAL OF THE LOCAL COASTAL PROGRAM PLANNING GRANT ROUND 7 APPLICATION TO THE CALIFORNIA COASTAL
COMMISSION
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission's LCP Local Assistance Grant Program which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCPs); and
WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and WHEREAS, the City of Carpinteria's LCP was certified in 2003; and WHEREAS, the City of Carpinteria, desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to update the LCP, including implementation of a Coastal Development Permit process in the City's Municipal Code, Title 14 - Zoning; and WHEREAS, the City of Carpinteria commits to and agrees to fully support and complete a planning effort intended to amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.
NOW, THEREFORE, BE lT RESOLVED, that the City Council of the City of Carpinteria hereby:
1. Authorizes City of Carpinteria staff to submit the grant application package attached hereto as Attachment '1, to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of $340,500.00 to fund the project more particularly described in the grant application package.
ABSENT:
ABSTAIN
2. Authorizes the City Manager, of the City of Carpinteria, to execute, in the name of the City of Carpinteria, all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.
PASSED, APPROVED AND ADOPTED by the City Council, of the City of Carpinteria, on this 1Oth day of January, 2022, by the following called vote:
AYES coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
coUNcTLMEMBER(S):
NOES
Mayor, City of Carpinteria
ATTEST:
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10, 2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
ATTACHMENT 1
STATE OF CALIFORNIA - CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 3OO
sAN FRANCISCO, CA 94105-2421
vorcE (4'
FAX (415)
Cnu FoRN rA CoASTAL Cov MrssroN
LCP PmruNrNc GRANT ApplrcAroru Fonvt
NovrMse n 8,202L
The California Coastal Commission is pleased to announce the availability of Round 7 grant funding to support local government coastal resiliency efforts. Funding is provided by the Budget Act of 202L, which appropriates $gt million to the Coastal Commission to support its LCP Local Assistance Grant Program. The grant program is intended to provide assistance to local governments responsible for developing and amending Local Coastal Programs. Funds may be used for projects that are designed to assist local governments in assessing impacts and planning for coastal resiliency, including adapting to the impacts of climate change and sea level rise, and which contain an LCP planning component. More information on eligible grantees and projects, program priorities, and evaluation criteria can be found in the Grant Announcement and the recently adopted LCP Grant Prosram Updates.
Grant applications are due by Fridav, December 22, 2021 at 5 pm.
Coastal Commission staff is available to assist during the application process. Applicants are encouraged to reach out to the LCP Grant team with any questions as they develop their applications. Contact information is provided below.
Contents
APPLICATION FORM..
APPLICATION MATERIALS
SUBMISSION DATES ........
SU BM ISSION I NSTRUCTIONS
CoNTACT I N FORMAT|ON...........
Attachment A: Sample Resolution
Attachment B: Application Checklist ............
Attachment C: Program Priorities and Evaluation Criteria................ 2 3
7 7
8 10
L2
13 1
@
APPLICATION FORM
APPLICANT INFORMATION
PROJECT INFORMATION
Applicant name (agency): City of Carpinteria
Address: 5775 Carpinteria Avenue, Carpinteria, CA 93013 Primary Contact name: Steve Goggia Title: Community Development Director Telephone: (805) 7 55-44L4 Fax: N/A
Email : [email protected]
Federal Tax I D#: 95-2414438
Person authorized to sign grant agreement, amendments, and Request for Funds:
Name: Dave Durflinger Title: City Manager
Telephone: (805) 7 55-4400 Email: [email protected] Project Title: City of Carpinteria Local Coastal Program Update ICP/LCP Segment: Whole/Comprehensive
Project Location
City/Geographic area: City of Carpinteria
County: Santa Barbara
Project Timeline
Start date: O5/Ot/2022 End date: L2/3L/2023
Signature Date: December2L,2022
2 APPLICATION MATERIALS
A complete grant application package will consist of the following materials. Please note the entire grant application will be public record upon submittal.
L. Signed Application Form. The signed application form (page 2, above), including the agency, primary contact, person authorized to sign, and project information.
2. Project Description. Provide a clear description of the proposed project, including how the project will meet program priorities and fulfillthe evaluation criteria (see Attachment C).
Describe the goals and objectives to be achieved as well as key deliverables and LCP planning components (including specifying whether proposed work will include updates on the Land Use Plan, lmplementation Plan/Zoning Code, and/or a Public Works Plan). Note that public outreach and coordination with Coastal Commission staff are required components of these grants. The Project Description section should be no more than 2 pages in L2 point font, sinsle-spaced.
3. Task Descriptions and Schedule. Provide a description of the tasks that will accomplish your project goals and objectives (see Section A below) and complete a proposed schedule, including anticipated benchmarks, for implementation of each task (see Section B below). a. Task Descriptions: ldentify specific tasks and subtasks to be accomplished and provide a narrative description of each task and subtask, including the approach needed to accomplish the task and the roles of partners and stakeholders. Task descriptions should briefly state how they support the overall project goals.
Proposed deliverables for each task should be described as well, such as draft and final sea level rise vulnerability assessments and adaptation reports, and draft, revised draft, and submittals of Land Use Plans, lmplementation Plan, and/or Public Works Plans. Note that tasks (and the schedule, below) should account for review of major deliverables by Coastal Commission staff and members of the public prior to finalization.
Please describe how the project applicant will conduct outreach to engage stakeholders in the planning process, particularly those from disadvantaged and lowincome communities, as well as California Native American Tribes, and how these stakeholders will be involved in the planning or assessment process. lf your project includes partners, please identify their roles and responsibilities. b. Schedule: Complete the schedule template below for each task and subtask. Please specify dates for the submittal of interim drafts as well as final deliverables as applicable (e.g., DraftVulnerability Assessment and Final Vulnerability Assessment).
Please note that grant projects should be completed by December 3t,2025, though extensions may be allowed.
3 @
Proposed Sta rtlEn d Dates : S / OL/ 2022 to L2 / 3L / 2025 Task 1. LCP Update Public Outreach Projected start/end dates: May 1, 2O2Z-Dec 31,2022
1.L Public Workshops - Coastal Land Use
Plan/General Committee Projected start/end dates: 5 /ZOZZ - L2/ZOZ2 Outcome/Deliverables:
a. Meeting Staff Reports
b. Meeti Minutes
a. Completion date: !2/2022
b. Completion date: t2/2022
Task 2. LCP Update Staff Report
P for Ado ion Heari
Projected start/end dates: Sept 1, 2022-Dec
3I,2022
2.1 Public Hearin - Plannin Commission Projected start/end dates: 9/2022 - LO/2022
2.2 Public Hearings - City Council Projected sta rtlend dates: IO / 2OZ2-t2/ ZO22 Outcome/Deliverables
a. Meeting Staff Reports
b. Meeting Agendas and Minutes
a. Completion dateig/2022
b. Completion date: L2/2022
Task 3. LCP Update CEQA Documentation Projected start/end dates: May 1, 2022- lan 1,2023
3.1Admin Draft EIR Pro ected start/end dates: 5 22-8/2022
3.2 Draft EIR and Public Heari ng Pro ected sta end dates: 8/2022-9 22
3.3 Draft Final EIR Projected start/end dates: 9/2022-Lr/2022
3.4 Certified Final EIR Projected start/end dates: L2/2022 - L/2023 Outcome/Deliverables
a. NOP
b. Minutes EIR Scoping Meeting
c. Draft ElR, Public Comments
d. Final Draft EIR
e. Certified EIR
a. Completion date: June 2022
b. Completion date: July 2022
c. Completion date: Sept 2022
d. Completion date: Nov 2022
e. Completion date: Jan 2023
Task 4. LCP lP: Coastal Development
Permit Procedures - Zoning Code
Amendment
Projected start/end dates: June 1, 2022-Dec
31,,2023
4.1 Prepare Draft CDP Ordinance Pro cted start/end dates: 6 2-9/2022
4.2 Public Outreach and Workshop Pro cted sta end dates: 9/2022 - t 22
4.3 Revise Draft CDP Ordinance Pro sta end dates: 12/2022- 23
4.4 Adoption Hearings Pro sta end dates: 3/2023 - 023
4.5 CCC Submittal and Certification Hearing Projected start/end dates: 6/2023 - t2/2023
4.6 CCC Coordination ected start/end dates: - t2/2023
Outcome/Deliverables
a. Draft CDP Regulations
b. Public Outreach Summary
c. Final CDP Regulations, Staff Reports
d. LCP Submittal Package
a. Completion date: Sept 2022
b. Completion date: Dec 2022
c. Completion date: June 2023
d. Completion date: Dec 2023
4 c. Benchmark Schedule: Please list (1) all significant and pertinent project benchmarks related to the project for which funds are being requested, (2) expected dates for reaching or completing those steps. These dates will be used in monitoring grant progress and in grant reporting under approved grant agreements.
ACTIVITY COMPLETION DATE
LCP Update Public Outreach t2/31/2022
LCP Update Staff Report Preparation for Adoption
Hearings t2/31/2022
LCP CEQA Documentation otl31/2023
LCP lP: Zone Code Amendment, Coastal
Development Permit Process
12/3L/2023
4. Budget. Please include a task-by-task budget for both City staff labor and for potential consultants and/or project partners. Budget detail on sub-tasks is not necessary and budgets may be amended following execution of grant agreements. Note that consultant/partner costs must be listed by task and must include all costs relating to consultant/partner labor, travel, supplies, overhead, etc. lf consultants will be hired at a later date, please include a budget estimate per task that can be updated after hiring the consultants.
Application Budget lnformation
Funding Request: $ 340,500.00 Total Project cost: s 414500.00 1 Amount requested should include totol for salary and benefits. 5 City of Carpinteria CCC Grant Total City Match Total (LCP Gront Funds + Match)
TABOR COSTS1
City Staff Labor
Task 1-LCP Update Public
Outreach S o.oo $ 7,ooo.oo S 7,ooo.oo
Task 2 - LCP Update Staff
Report Preparation for
Adoption Hearings
S o.oo S 7,5oo.oo $ 7,5oo.oo
Task3-LCPCEQA
Documentation s o.oo $ 12,000.00 s 12,000.00
Task4-LCPIP-Coastal
Development Permit Zoning
Regulations
s 9o,ooo.oo $ 18,ooo.oo s 108,000.00
Total Labor Costs s 90,000.00 s 44soo.o0 s 134,500.00
City of Carpinterio CCC Gront Total City Match Totol (LCP 6rant Funds + Match)
DIRECT COSTS
City Staff Project Supplies
A
B, etc.
Totol
City Staff Travel In State2
Mileage
Hotel, etc.
Total
Consulta nts3/Pa rtners
Consultant A
Tosk L - LCP Update Public
Outreoch $ gs,ooo.oo $ gs,ooo.oo
Tosk 2 - LCP Update Staff
Report Preporotion for
Adoption Hearings
S +z,soo.oo $ 10,000.00 S 52,5oo.oo
Tosk3-LCPCEQA
Documentotion S 173,ooo.oo S 2o,ooo.oo S 193,ooo.oo
Consultdnts Totdl $ zso,soo.oo $ 30,000.00 $ zgo,soo.oo Total Direct Costs s 250,500.00 $ 30,000.00 $ 280,500.00 ovERHEAD/tND|RECT COSTS4
Total City Staff
Overhead/l ndirect Costs s 0.00 S o.oo s 0.00
TOTAT PROJECT COST $ 34o,5oo.oo $ z4soo.oo S 4r4soo.oo
5. Supplementary lnformation (optional). Additional photos, maps and/or other information may be included as attachments if such materials will help illustrate or support the proposed project. This may include maps or other information identifying disadvantaged and low-income communities within the planning area; maps, photos, or other information regarding project areas identified to be significantly impacted by climate change or sea level rise; brief descriptions or links to previously completed studies or other work upon which the proposed project will build; or letters of support from relevant stakeholders.
Please note; All photos, maps, and additional information submitted is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, or display it, free of charge. All items submitted will be considered a public record upon 2 Trovel reimbursement rotes ore the some os similorly situated stote employees. 3 All consultants must be selected pursuont to o bidding and procurement process that complies with ott opplicoble laws. 4 Indirect costs include, for exomple, o pro rota shore of rent, utilities, ond solories for certain positions indirectty supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped ot 70% of omount requested for "Totol Lobor."
6 submittal and will be treated in accordance with Public Records Act requirements. Please indicate if credit is requested for any photos and/or maps or documents.
6. Resolution from the Applicant's Governing Body. Please submit a resolution that contains the following authorizations: 1) authority to submit the proposal, 2) authority to enter into a grant agreement with the California Coastal Commission if the grant is awarded, and 3) designation of the applicant's authorized representative (name and title). A sample resolution is provided as Attachment A. Resolutions should also contain clear statements of commitment to full completion of the intended grant process, including submission of applicable LCP products (LCP submittal or amendment)to the Commission for review.
SUBMISSION DATES
Applications are due Wednesdav. December 22. 2021 and must be RECEIVED by 5 pm.
Applications must be emailed or mailed; faxed responses will not be considered. lf the governing body of an applicant cannot adopt a resolution similar to Attachment A of the application bythe submission date, the applicant can submit the proposalwith a draft resolution, provide a date for when the governing body will consider adoption of the resolution and submit the adopted resolution by 5 pm, Fridav, Januarv 28. 2022. All other materials must be submitted by the December 22 deadline. Applications will not be deemed complete until an adopted resolution is received. Applications that do not contain a final, adopted resolution by 5 pm, January 28,2022 will not be considered for funding.
The Commission anticipates awarding the seventh round of grants in March 2022
SUBMISSION INSTRUCTIONS
Please submit the completed application form, including all attachments, via email to LCPGrantProsram(acoastal.ca.sov. Submit all application materials combined in a single PDF file, AND submit the Project Proposal (including project description, task descriptions, schedule, and budget) as a Word document. See Attachment B for an application checklist. lf you are unable to submit via email, you may mail a CD and hard copy to the Coastal Commission at the address below. Please coordinate with Kelsey Ducklow via email prior to mailing hard copy application materials.
Kelsey Ducklow
California Coastal Commission
455 Market St., Suite 300
San Francisco, CA 94105
ke I sev. d u cklow(ocoasta L ca. gov
7 Please note: all information that you submit is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, or display it, free of charge. All documents submitted will be considered a public record upon submittal and will be treated in accordance with Public Records Act requirements. Please indicate if credit is requested for any photos and/or maps.
GONTACT INFORMATION
Coastal Commission staff are pleased to assist local governments during preparation of LCp grant applications. Contact information for the LCP Grant Program Team is included below Please note that due to the COVID-l9 Pandemic, many staff members continue to work from home, so email may be the best way to contact them at this time.
For questions on the overall grant application process, including project eligibility and funding requirements, please contact Kelsey Ducklow at: kelsev,[email protected] or (41s) 904-233s.
Questions regarding specific project proposals should be directed to the LCp grant coordinator for the respective County:
o For Northern California counties (Del Norte through San Luis Obispo), please contact Kelsey Ducklow at: [email protected], or call (415) 904-2335. o For Santa Barbara, Ventura, and Orange Counties, please contact Karen Vu at:
karen.vu (Ocoasta l.ca.sov. or call (415) 904-5268.
o For Los Angeles County, please contact Mary Matella at:
marv. matel la (ocoastal.ca.eov, or ca I I (415) 904-6093 o For San Diego County, please contact Carey Batha at: [email protected], or call (415) 904-s287
For District-specific questions, contact information for each district office is listed below.
North Coast (Del Norte, Humboldt, Mendocino Counties|
o Kate Huckelbridge, Deputy Director: [email protected], (415) 396-9708 o Bob Merrill, District Manager: [email protected], (707) 826-8950 North central coast (sonoma, Marin, san Francisco, san Mateo counties) o Dan Carl, Deputy Director: Dan.Carl(ocoastal.ca.sov, (931) 427-4963 o Stephanie Rexing, District Manager: [email protected], (415) 904-5260 Central Coast (Santa Cruz, Monterey, San Luis Obispo Counties) o Dan Carl, Deputy Director: [email protected], (831) 42l-4863 8 a Susa n Cra i g, District M a nager: Su sa n.Crais@coasta l. ca. sov. (83L1 427 -4863 South Central Coast (Santa Barbara and Ventura Counties, and the Malibu portion of Los Angeles County)
o Steve Hudson, Deputy Director: [email protected], (805) 585-1-800 o Barbara Carey, District Manager: [email protected], (805) 585-1800 South Coast (Los Angeles (except Malibu) and Orange Counties) o Karl Schwing, Deputy Director, Orange County: [email protected], (s62) s90-s071
o Steve Hudson, Deputy Director, Los Angeles County: [email protected], (s62) s90-s071
o Amber Dobson, District Manager: Amber.Dobson(Ocoastal.ca.sov, (562) 590-5071 o Shannon Vaughn, District Manager: shannon.vauqhn(Ocoastal.ca.gov, (562) 590-5071 San Diego (San Diego County)
o Karl Schwing, Deputy Director: Karl.Schwins(acoastal.ca.sov, (619) 767-2370 o Diana Lilly, District Manager: [email protected], (619) 767-2370 o Kanani Leslie, District Manager: [email protected], (6L9) 767-2370 9 Attachment A: Sample Resolutions
WHEREAS, the Budget Act of 2O2t provides up to Sgt million to support the Coastal Commission's LCP LocalAssistance Grant Program which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCps); and WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and
WHEREAS, (insert name of iurisdiction). has [does not yet have] an effectively certified LCp [or LCP segmentl; and
WHEREAS, the (name of iurisdiction). desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the LCP [in whole or in part]; and
[For uncertified areas] WHEREAS, the (name of iurisdiction), desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an LCP and desires to assume permit issuing authority; and WHEREAS, the (name of iurisdiction) commits to and agrees to fully support a planning effort intended to [complete or] amend a certified LCP pursuant to the provisions of the California CoastalAct, with full public participation and coordination with the Coastal Commission staff.
NOW, THEREFORE, BE lT RESOLVED, that the lname of lesislative or policv bodv], of the lname of iurisdictionl, hereby:
L Directs [name of jurisdiction] staffto submit the grant application package attached hereto as Attachment 1to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of s to fund the project more particularly described in the grant application package
s This sample is provided for informational purposes only; please contact your attorney before using this sample 10 2. Authorizes the (title of official). of the (name of iurisdiction), to execute, in the name of the (name of iurisdiction). all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval ofthe grant application.
PASSED AND ADOPTED by the (name of leeislative or policv bodv), of the (name of iurisdiction), on this _ day of 202I on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
Signed
(name and title of official authorized to sign resolutions of the governing body) LI
Attachment B: Application Ghecklist
A complete Grant Application Packet includes the following components. Please submit all documents in a single PDF file as well as a Word Document of the Project Proposal details, as noted below. lt is very important to receive the PDF file and a Word document for efficiency in preparing grant agreement documents. Thank you for your attention to these important components of the application.
r' Signed LCP GrantApplication Form (.pdf)
{ Project Proposal (.doc)
o Project Description, Task Descriptions, Schedule, Budget, and Supplementa I I nformation
7 Signed Resolution (.pdf) Please note: The City of Carpinteria is providing a draft resolution. The resolution is scheduled to be adopted by our City Council on January L0, 2022. We will submit a signed and dated resolution prior to the Coastal Commission's Janu ary 28,2022 deadline.
r' Xl documents combined into a single pDF file (.pdf)
12 Attachment C: Program Priorities and Evaluation Griteria Applications for Round 7 LCP planning grants will be evaluated for their ability to complete the proposed planning work. Projects selected for funding will be those that best meet the Commission's adopted program priorities and evaluation criteria, which were updated at the October 202lhearing to reflect current planning needs.6 Program Priorities
Applications will be evaluated for their ability to advance coastal resiliency efforts in the context of LCP planning. This may include:
o Completion of technical, economic, policy, or other analyses meant to assist in understanding, planning for, and adapting to climate change and sea level rise, and increasing coastal resiliency, including but not limited to general vulnerability assessments, studies to evaluate impacts based on evolving science (e.9., extreme sea level rise, groundwater change), feasibility and design studies for nature-based adaptation or other specific strategies, and development of monitoring programs o Planning work and/or related studies to support development of regional, neighborhood, site, or asset specific adaptation approaches, including phased adaptation/adaptation pathways, such as for a Shoreline Management Plan, a Coastal Hazards Response Plan as required by a Coastal Development Permit, or similar o Planning work and/or focused outreach efforts to increase public awareness and participation in climate change and sea level rise planning activities, particularly among vulnerable communities
. Planning work to address environmental justice concerns, particularly related to climate change and sea level rise planning activities, and to ensure equitable protection of coastal resources and provision of public coastal access and lower-cost recreation for everyone, regardless of race, ethnicity, socio-economic status, or place of residence o Completion of land use plan and/or zoning work to achieve certification of a new Local Coastal Program (or an Area of Deferred Certification) or planning and/or zoning work to significantly update certified LCPs (or LCP segments) in whole or in part to provide for coastal resiliency, or to reflect changed conditions, new information and scientific knowledge, new programs and policies, or other significant changed circumstances 6 See: Recommended lJpdotes to the LCP Local Assistonce Grant Prooram, adopted October L5,2021.
L3
Evaluation Criteria
Staff will evaluate grant applications against the following selection criteria. The criteria will be considered as a whole, not weighted.
P u b I i c Be n efit/Si g n i fi ca n ce
The Commission will consider the extent to which the proposed project will address issues of statewide significance and maximize public benefits of the coast. These can include reducing greenhouse gases and addressing the impacts of climate change and sea level rise; preserving and enhancing coastal habitat; protecting, providing and enhancing public access; protecting priority land uses such as agriculture, coastal dependent development, or recreation; protecting and providing lower cost visitor and recreational opportunities. The Commission will consider the extent to which priority Coastal Act resources are addressed and the public benefits maximized.
Environmental Justice
Jn 20!6, the Legislature passed AB 2616 giving the Coastal Commission explicit authority to consider environmentaljustice, defined in California Government Code Section G5040.12(e), as updated in 2020, as: "The fair treotment qnd meoningful engagement of people of olt races, cultures, incomes, ond notional origins with respect to the development, adoption, implementotion ond enforcement of environmentql laws, regulotions, and policies." Lowincome communities, indigenous communities, communities of color, and other marginalized communities often bear a disproportionate burden of pollution or other environmental harms, while suffering from a lack of environmental services, such as clean drinking water, clean air, and access to parks and open space. Addressing these types of disparities and barriers to meaningful involvement is critical for ensuring that Coastal Act goals of protecting coastal resources for all are equitably fulfilled, particularly as climate change results in evolving risks, without creating new or continuing to exacerbate existing environmental burdens in environmentaljustice communities. The Coastal Commission will consider the extent to which environmentaljustice issues are addressed when evaluating grant proposals.
Addressing the Effects of Climote Change
Climate change is one of the most significant policy areas to emerge since many of the LCps have been certified. The Commission is seeking LCP updates and amendments that address the effects of climate change, including land use, housing, transportation, and habitat restoration and conservation policies that facilitate reductions in greenhouse gases and vehicle miles traveled, as well as the planning and implementation of strategies to adapt to sea level rise and other issue areas affected by climate change, such as changes in habitats and fire hazards.
Relotive Need for LCP lJpdate
Related to the public benefits of a proposal, the Commission will consider the relative need for an LCP update, consideringthe length of time since an LCP or LCP segment has been updated and the significance of the issues proposed to be updated. For example, many jurisdictions seek L4
to assess vulnerability and develop adaptation solutions to address sea level rise, fire, or other climate change impacts to critical infrastructure, residential areas, recreational amenities and open space, or significant wetland and habitat areas. Others have identified needs to reduce vehicle miles traveled, encourage smart growth, increase climate-resilient housing supply, improve public transit, and enhance pedestrian and bicycle options, particularly to and along the coast. A proposalto complete technical studies, economic analyses, mapping, public outreach, and development of LCP policies in support of these options may be important.
Li ke I i h ood of S u cce ss/ Effe ctiv e n e ss
Overall, the success of the Commission's grant program will be measured by the progress made toward development and implementation of climate resilience strategies, including through LCP certification, update, or amendment. The Commission will consider the likelihood of success of each proposal, including evaluating the practicality, feasibility, and effectiveness of a proposed work program that may lead to successful implementation. Proposals must address the need for coordination with the public and the Commission, and provide for practicable benchmarks for development and review of studies, plans, LCP policies, and other project-specific deliverables.
Other evidence in support of this criteria may include resolutions of intent and endorsement for the proposed work from the jurisdiction and other organizations, matching funds, or other complementary efforts (see below), or other factors that may affect the likelihood that an LCP amendment will be successfully completed. Applicants will be asked to describe any LCP planning work that has been initiated or is already underway at the local level and how this Srant program is needed to substantially further that effort. A resolution from the applicant committing to completing an LCP Amendment submittalto the Commission will be required as part of the application.
For new LCP development, the local government should demonstrate its willingness and capacityto assume localcoastal development permit processing. Relatedly, some areas of the coastal zone remain uncertified because the Commission and local government have been unable to reach agreement on the resolution of issues or the issue is particularly intractable.
The Commission will consider the likelihood that such areas and specific policy questions can be successfully addressed, leading to certification of the area.
P roject I nte g roti o n/Lev e rage/Matchi ng F u n ds The Commission will consider the relationship of the LCP work program to other planning work being undertaken by the jurisdiction. There are several statewide grant programs underway which may positively integrate with this LCP Planning Grant program. Applicants will be asked to describe any other related grant awards (such as through past Coastal Commission grant rounds, or from the Ocean Protection Council, Coastal Conservancy, Caltrans, or the Strategic Growth Council) that may support the LCP planning work. The Commission will consider the abilityto integrate and leverage any additional program funds available that could help support LCP certification, update, or amendment.
L5
City of Carpinteria
Cour.rcu- Aceruoe Srnrr Reponr
January 10,2022
ITEM FOR COUNCI CONSIDERATION
Certification of Sufficiency of the initiative petition titled "An lnitiative Measure to Change and/or Readopt the City of Carpinteria's General Plan Designation and Zoning Designation for Two Parcels of City-Owned Property (APN 004-105-011 and APN 004- 105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element" ("lnitiative").
STAFF RECOMMENDATION
Adopt Resolution No. 6081, accepting the City Clerk's Certificate of Sufficiency of the lnitiative petition.
Sample Motion:
I move to adopt Resolution No. 6081, as read by title only, thereby accepting the City Clerk's Certificate of Sufficiency of the lnitiative petition.
BACKGROUND
On June 4,2021, the proponents of the proposed lnitiative filed a Notice of lntent to Circulate Petition with the City Clerk. The process of a municipal initiative measure is described in Elections Code Sections 9200 - 9226. The City Attorney prepared an impartial ballot title and summary, which the City Clerk submitted to the proponents on June 18,2021. The proponents published the Notice of Intent to Circulate Petition and the ballot title and summary of the proposed lnitiative in the Coastal View Newspaper on June 24,2021 and filed a proof of publication with the City Clerk on June 25,2021. The proponents began circulating the lnitiative petition shortly thereafter. On June 28,2021, the City Council adopted Resolution No. 6061 authorizing engagement of the Santa Barbara County Office of Elections/Registrar of Voters to assist the City Clerk with a full verification of petition signatures. The County of Santa Barbara Board of Supervisors approved the City's request at its meeting on August 3, 2021. 23566945.1
Certification of Sufficiency of Petition
January 10,2022
During the time the petition was being circulated, the City Council on August 16,2021 adopted Resolution No. 6070 ordering the preparation of a report pursuant to California Elections Code Section 9212, analyzing the impacts and etfects of the proposed lnitiative. The council received this report on December 13, 2021.
On November 22,2021, the proponents timely filed the signatures on the lnitiative petition with the City Clerk. ln order for the lnitiative petition to move fonruard, the number of valid signatures must equal or exceed ten percent (10%) of the registered voters in the City based on the County Elections report to the Secretary of State effective at the time the Notice of lntent and ballot title and summary of the proposed measure was published by the proponents on June 24,2021. The Santa Barbara County Registrar's last official report of registration to the Secretary of State on February 10,2021, and effective at the time of publication, reported 8,074 registered voters in the City. On November 22,2021, the City Clerk ascertained that the petition contained more than the required 808 signatures in his prima facie count and delivered the petition to Santa Barbara County Elections/Registrar of Voters ("County Elections Office") for verification of signatures.
The County Elections Office completed the verification of signatures on the lnitiative and the city clerk notified proponents of the results on December 20, 2021.
DISCUSSION
The County Elections Office determined that the lnitiative petition contained 1,075 signatures, of which 932 were found to be valid. This is a sufficient number to qualify the lnitiative measure. The City Clerk's Certificate of Sufficiency of lnitiative Petition (shown as Exhibit 1 to Resolution No. 6081) provides a breakdown of the petition signatures.
The purpose of this agenda matter is for the Council to consider and adopt a resolution accepting the City Clerk's Certificate of Sufficiency of the Initiative Petition (Attachment A).,
POLICY CONSISTENCY
The lnitiative process outlined in this report is consistent with the California Elections Code.
FINANCIAL CONSIDERATIONS
There is no cost to the City to accept the Certificate of Sufficiency of Petition 1 ln addition to adopting a resolution accepting the Certificate of Sufficiency of lnitiative Petition, the City Council must either (1) adopt the lnitiative by ordinance, without alteration, at this meeting; or (2) submit the lnitiative, without alteration, to the voters. The consideration of the City Council adopting the Ordinance or submitting it to the voters of the City is presented as a separate agenda item.
G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2022\1-10-2022\5ufficiency of Petition\CARP- Staff Report re Certification of Sufficiency of lnitiative Petition(23566945.1).docx Certification of Sufficiency of Petition
January 10,2022
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office has reviewed this staff report and attachments and will be available at the meeting to answer questions.
OPTIONS
1. Adopt the Resolution Accepting the City Clerk's Certificate of Sufficiency of the lnitiative petition (Staff Recommendation).
2. Direct changes to the draft Resolution and adopt.
PRINCIPAL PARTIES EXPECTED AT MEETING
lnitiative proponents and interested members of the public.
ATTACHMENTS
Attachment A: Resolution No. 6081, Adopting the City Clerk's Certificate of Sufficiency of lnitiative petition
Attachment B: Results of lnitiative Petition Review from County Elections Office Staff contact:
Brian C. Barrett, Acting City Clerk
(805) 755-4446; brianb@ci carpinteria.ca.us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, daved@ci. carpinteria.ca. us tgna ture G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2022\1-10-2022\5ufficiency of Petition\CARP_ Staff Report re Certification of Sufficiency of lnitiative Petition(23566945.1).docx Certification of Sufficiency of Petition
January 10,2022
Attachment A
Resolution Adopting the Certificate of Sufficiency of lnitiative Petition G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2 022\1-10-2022\5ufficiency of Petition\CARP- Staff Report re Certification of Sufficiency of lnitiative Petition(23566945.1).docx RESOLUTION NO. 6081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA ACCEPTING THE CITY CLERK'S CERTTFICATE OF
SUFFICIENCY OF THE INITIATIVE PETITION ENTITLED ..AN
INITIATIVE MEASURE TO CHANGE AND/OR READOPT THE CITY OF
CARPINTERIA'S GENERAL PLAN DESIGNATION AND ZONING
DESIGNATION FOR TWO PARCELS OF CITY-OWNED PROPERTY
(APN 004-105-011 AND ApN 004-105-026) LOCATED ADJACENT TO
THE RAILROAD TRACKS TO THE WEST OF LINDEN AVENUE AND
TO AMEND THE DEF|NT|ON OF OPEN SPACE/RECREATTON (OSR)
LAND USE CATEGORY OF THE GENERAL PLAN LAND USE
ELEMENT''
WHEREAS, on June 4, 2021, proponents of an initiative entitled "An lnitiative Measure to Change and/or Readopt the City of Carpinteria's General Plan Designation and Zoning Designation for Two Parcels of City-Owned Property (APN 004-105-01 1 and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element" ("lnitiative") submitted a Notice of lntent to Circulate Petition, which included the text of the proposed lnitiative, with the City Clerk and requested that the City Attorney prepare the title and summary pursuant to Election Code requirements; and
WHEREAS, on June 18,2021, the City Attorney prepared and provided an official ballot title and summary for the proposed lnitiative for use by the proponents for publication and circulation of the lnitiative petition; and WHEREAS, on June 17,2021, the City Clerk contacted the Santa Barbara County Registrar-Recorder's Office to determine the number of registered voters in the City of Carpinteria, as of its last report to the Secretary of State pursuant to Elections Code Section 2187, effective February 10,2021, and the Clerk determined that the number of registered voters in the City was 8,074; and
WHEREAS, the lnitiative petition would require at least 808 (10%) valid signatures of registered voters in the City of Carpinteria to be sufficient to qualify for a regular or special election; and
WHEREAS, on November 22,2021, lnitiative proponents timely filed the signatures on the lnitiative petition with the City Clerk , which were then submitted to the 23567678.1
Resolution No. 6081
Santa Barbara County Elections/Registrar of Voters ("County Elections Office") on the same day for signature verification; and
WHEREAS, the results of the signature verification conducted by the County Elections Office established that the lnitiative petition contained 1,075 signatures, of which 932 were found to be valid; and
WHEREAS, the lnitiative petition was deemed sufficient by the County Elections Office and the City Council is required to either (1) adopt the lnitiative by ordinance, or (2) submit the lnitiative to the voters at either a regular or special election pursuant to Elections Code sections 9215 and 1405; and
WHEREAS, the City Clerk has prepared the Certificate of Sufficiency of the lnitiative petition; and
WHEREAS, pursuant to Elections Code Section 9114, the City Clerk is required to certify the results of the examination of the petition at the next regular meeting of the City Council following completion of the examination.
NOW, THEREFORE, BE lT RESOLVED as follows
SECTION 1. The above recitals are true and correct
SECTION 2. The City Council of the City of Carpinteria hereby accepts the Certificate of Sufficiency of the lnitiative petition attached to this Resolution as Exhibit 1 and dated December 20,2021.
PASSED, APPROVED AND ADOPTED on the 1Oth day of January ,2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
23567678.1
Mayor, City of Carpinteria
Resolution No. 6081
ATTEST:
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
23567678.1
Resolution No. 6081
EXHIBIT 1 TO RESOLUTION NO. 6081
Certificate of Sufficiency of the lnitiative Petition
23567678.1
Certification of Sufficiency of Petition
January 10,2022
Attachment B
Results of lnitiative Petition Review from County Elections Office G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2022\1-10-2022\5ufficiency of Petition\CARP_ Staff Report re Certification of Sufficiency of lnitiative Petition(23566945.1).docx Certification of Sufficiency of Petition
January 10,2022
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City of Carpinteria
Cour.tcr- Aceruol Srerr Reponr
January 10,2022
ITEM FOR COUNCIL CONSIDERATION
Consideration of actions in response to the City Clerk's certification of the results of the examination of the petition for the initiative measure titled "An lnitiative Measure to Change and/or Readopt the City of Carpinteria's General Plan Designation and Zoning Designation for Two Parcels of City-Owned Property (APN 004-105-011 and APN 004- 105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element" ("lnitiative"), including (1) adoption of the lnitiative by ordinance or (2) calling an election and submitting the lnitiative to the voters by either (a) placing the lnitiative on the ballot for the City of Carpinteria's ("City") next regular election or (b) calling a special election.
STAFF RECOMMENDATION
Either (1) adopt the lnitiative by adopting Ordinance No. 751 (see Attachment A) and adopting Resolution No. 6096 (see Attachment B) or (2) submit the lnitiative to voters by (a) placing the lnitiative on the ballot for the City's next regular election or (b) calling a special election.
lf the Council votes to submit the lnitiative to voters, it must take the necessary actions to place the lnitiative on the ballot for the City's next regular election scheduled for November 8,2022 or call a special election for April 12,2022 or April 19,2022.
Sample Motion:
I move to (choose one of the following options):
Option 1: Adopt the lnitiative, unchanged, by adopting Ordinance No. 751 (see Attachment A) and adopting Resolution No. 6096 (see Attachment B).
Option 2: Submit the lnitiative to voters by placing it on the City's next regular election scheduled for November 8, 2022 through adoption of the following resolutions (as read by title only):
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a
a
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Resolution No. 6092, calling and giving notice of a Regular Municipal Election to be held on Tuesday, November 8,2022, for the submission of an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-01 1 and ApN 004-10S026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the open space/Recreation (osR) Land Use category of the General Plan Land use Erement (see Attachment C);
Resolution No. 6093, requesting the Board of Supervisors of the county of santa Barbara to consolidate the city of carpinteria's Regular General Municipal Election to be held on November a,2022, with the statewide General Election to be held on the same date pursuant to $ 10403 of the Elections Code (see Attachment C); Resolution No. 6094, setting priorities for filing written arguments regarding an lnitiative Measure to change and/or readopt the city of carpinteria's General Plan Designation and Zoning Designation for two parcels of city-owned property (APN 004-10s-01 1 and ApN 004-105- 026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the open space/Recreation (OSR) Land Use Category of the General Plan Land use Element, directing the City Attorney to prepare an impartial analysis (see Attachment C);
Resolution No. 6095, providing for the filing of rebuttal arguments for an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-011 and ApN OO4-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the open space/Recreation (osR) Land Use category of the General Plan Land use Element (see Attachment c).
Option 3: Submit the lnitiative to voters by calling a special election for April 12, 2022 orApril 19,2022 through adoption of the following resolutions (as read by title only):
o Resolution No. 6088, calling and giving notice of a Special Municipal Election to be held on Tuesday, April _, 2022, for the submission of an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-011 and ApN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land use Element (see Attachment D);
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o
a
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Resolution No. 6089, requesting the Board of Supervisors of the County of Santa Barbara to render specified services to the City of Carpinteria relating to the conduct of a Special Stand-Alone Municipal Election to be held on Tuesday, April _, 2022 (see Attachment D); Resolution No. 6090, setting priorities for filing written arguments regarding an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-01 1 and APN 004-105- 026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land use Element, directing the City Attorney to prepare an impartial analysis (see Attachment D);
Resolution No. 6091, providing for the filing of rebuttal arguments for an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-011 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land use Element (see Attachment D).
BACKGROUND
On November 22,2021, the proponents timely filed signatures gathered on the lnitiative petition with the City Clerk. On this same date, the City Clerk performed a prima facie review and determined that the lnitiative petition contained signatures from more than ten percent (10%) of the registered voters in the City and delivered the petition for verification of signatures to Santa Barbara County Elections/Registrar of Voters ("County Elections Office"l.t The Certificate of Sufficiency of the lnitiative petition was presented during a previous agenda item on tonight's agenda.
Additional details, requirements, and timelines in the initiative process are summarized in the staff report regarding the City Clerk's presentation of the Certificate of Sufficiency.2
1 The number of registered voters is determined according to the Santa Barbara County Elections report to the Secretary of State effective at the time the Notice of lntent and ballot title and summary of the proposed measure were published by the lnitiative proponents on June 24,2021. The Santa Barbara County Registrars February 10,2021 report of registration to the Secretary of State was effective on this date. This report reported that there were 8,074 registered voters in the City. Therefore, to be found sufficient, the lnitiative petition needed to have at least 808 signatures. 2 The requirements and timelines associated with municipal citizen initiatives is set forth in the Election Code (see e.9., Election Code sections 9200 - 9226).
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Election Matters Pertaining to City lnitiative
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The purpose of this agenda matter is for the City Council to consider and take actions as proscribed by the California Elections Code in response to the Certificate of Sufficiency.
DISCUSSION
Upon certifying the results of the examination of the petition, the Elections Code requires the City Council to take one of the following actions:
1. Adopt the lnitiative by ordinance, without alteration, at the regular meeting at which the Certification of Sufficiency is presented (January 10,2022) or within 1O days thereafter;
2. Submit the lnitiative to voters, without alteration, by placing the lnitiative on the ballot at the City's next regular election (November 8,2022) or by calling a special election (April 12,2022 orApril 19,2022);or
3. order a report pursuant to Elections code 9212 (.Ec 9212 Report").
The City Council previously ordered and received the EC 9212 Report on August 16, 2021 and December 13,2021, respectively. The Council will now consider whether to (1) adopt the lnitiative by ordinance or (2) submit the lnitiative to the voters. lf the Council chooses to submit the lnitiative to the voters, it will also need to take other election-related actions that are further described in this staff report.
Adoption of lnitiative by Ordinance
Should the Council wish to adopt the lnitiative as drafted, it may do so by adopting Ordinance No. 751. lf the lnitiative is adopted, the City Council must also adopt - Resolution No. 6096 (see Attachment B) to submit Ordinance No. 751 to the Coastal Commission for review and certification since it amends the City's General plan/Local Coastal Land Use Plan and Zoning Code. From this point fonryard, the approval and certification timelines for initiative amendments are generally the same as those that would apply to City Council-proposed amendments to the General Plan/Local Coastal Land Use Plan. However, the City may also need to submit the ordinance to the state Department of Housing and Community Development for purposes of assessing compliance with the Housing Crisis Act of 2019. Certification or approval of the ordinance by these agencies may affect the effective date of the ordinance.
Submission of I itiative to Voters
Should the Council choose to submit the lnitiative to a vote of the City electorate, the Council must choose to (a) place the lnitiative on the ballot at the City's next regular election occurring not less than 88 days after the date of the order of election oi (b) call a special election held not less than 88 days nor more than 103 days after the order of election.
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Resular Election (November 8, 20221
The City's next regular election-scheduled for Tuesday, November 8,2022-meets the requirement for being more than 88 days from today (i.e., the date the Council receives the Certificate of Sufficiency).
The regular election on November 8, 2022 would be consolidated with the Statewide General Election. Sections 10400 through 10418 of the California Election Code provide the procedure for consolidating the City's regular election with the Statewide General Election. The procedure requires the City Council to adopt a resolution requesting consolidation with the County at the same time the resolution calling the election is adopted. Resolution No. 6093, attached as Attachment C, authorizes the County Elections Office to conduct the election on behalf of the City and to canvass the results for the November 8,2022 regular municipal election consolidated with the Statewide General Election.
Special Election (April 12. 2022 or April 19, 20221
Alternatively, the Council could choose to call a special election for the purpose of submitting the lnitiative to the voters before the City's next regular election.3 lf the City Council wishes to call a special election, it must be held not less than 88 days nor more than 103 days after the order of election (e.9., between April 8, 2022 and April 23, 2022). Based on this statutory timeframe (and the requirement that all elections be held on Tuesdays), the City Council could call a special election for April 12,2022 or April 19, 2022. Either of these April 2022 special election dates would be stand-alone elections.
Staff has discussed these potential special election dates with staff of the County Elections Office and they have advised the City that due to the Elections Office's obligation to oversee the County redistricting process, it would not be able to conduct a special election in April 2022 on behalf of the City.
Should the Council determine to submit the lnitiative to the voters at a special election, this election would be City-run. A City-run election would require dedication of additional staff to assist with City Clerk duties, engagement of an election management consultant to support staff and provide expertise, and contracting with outside vendors to assist in the conduct of the election process. Staff is currently envisioning that the staff support to the City Clerk's office would be provided by temporarily reassigning at least one existing employee. Outside consultants would be engaged to assist the City in managing the election and voter data, printing and tabulating the ballots, and setting up polling places, recruiting/training poll workers and canvass boards.
As a part of its research into a City-run election, staff consulted with the County Elections Office, other cities that have recently run their own elections, and an elections 3 Although pursuant to Ab 37, all registered voters will receive a mailed ballot, staff has determined that the special election will not be an all-mail ballot election per Elections Code Sections 4000 and 4004.
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management consultant. As a result of these discussions, staff has gathered several proposals for assisting the City with running a special election in April if it chooses to pursue this option.
County Elections, while not running the special election on behalf of the City, would still need to provide certain services to the City such as providing the City with the voter registration data, list of polling places and poll workers the County uses for their elections, and precinct supplies and election equipment. Staff also proposes to engage an election management consultant to advise the City on conducting any election this year, including overseeing elections management services, planning and logistics of the election, precinct officer training, pre-canvass logistics, election night worker training, and official canvassing. The City's election management consultant is not available inperson to assist the City on the April 12,2022 election day; therefore, if the Council should call for a special election, staff recommends the Council select the April 19,2022 election date as the consultant will be available in-person on that day.
The costs associated with running a special election are further discussed in the Financial Consideration section below.
Add itional Election-Related Actions
Should the Council determine to submit the lnitiative to the voters, it should set priorities for filing written argument(s) regarding the lnitiative, provide for the filing of rebuttal arguments (rebuttal arguments are optional), and direct the City Attorney to prepare an impartial analysis.
Arquments and Rebuttals
The Elections Code also allows for the preparation of both arguments and rebuttals for and against the proposed lnitiative. Specifically, the Elections Code authorizes proponents of the lnitiative to file an argument in favor of the lnitiative and the City Councilto file an argument against the lnitiative. Arguments for and against the lnitiative must be submitted within specific deadlines, which are dependent on the desired election date.
lf more than one argument for or against the lnitiative is submitted to the City Clerk within the prescribed timeframe, the Election Code authorizes the City Clerk to select one of the arguments in favor of the lnitiative and one of the arguments against the lnitiative for printing and distributing to the voters. ln selecting the argument, the City Clerk shall give preference and priority in the order named to the arguments of the following:
1. The City Council or members of the City Council authorized by the City Council.
2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are bona fide sponsors or proponents of the measure.
3. Bona fide association of citizens.
4. lndividual voters who are eligible to vote on the measure.
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