City of Carpinteria
City Council Regular Meeting Agenda
Monday, March 28, 2022
Council Chamber, 5775 Carpinteria Avenue
5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• 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 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.
• 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 City Council Regular Meeting Agenda
March 28, 2022
agenda website (https://carpinteria.ca.us/city-hall/agendas-meetings). Please reference the agenda item to which your comment pertains.
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.
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 Honoring Mrs. Mary Ota on Her 103rd Birthday.
2. Proclamation Designating the Month of April 2022, as “Carpinteria Beautiful Month”.
3. Proclamation Designating April 2022 as DMV/Donate Life Month.
4. Annual Member Agency Update Presentation from Central Coast Community Energy.
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
City Council Regular Meeting Agenda
March 28, 2022
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 audio-visual 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 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:
5. Receive and file the Expenditures for the period beginning March 5, 2022 and ending March 18, 2022.
6. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds.
7. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of February 22, 2022 through March 21, 2022.
8. Adoption of Resolution No. 6113, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2022-23.
9. Adoption of Resolution No. 6114, Directing the Preparation of a Lighting, Landscaping and Right of Way Improvement District No. 3 Report as a Part of Action Necessary to Continue Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2022-23.
City Council Regular Meeting Agenda
March 28, 2022
10. Adoption of Resolution No. 6115, Directing that the Required Report Be Prepared as a Part of the Process to Continue Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2022-23.
11. Adoption of Resolution No. 6116, Directing the Initiation of Procedures to Continue Winter Protection Berm Assessment District No. 5 for Fiscal Year 2022-23.
ADMINISTRATIVE MATTERS:
12. Adopt Resolution No. 6117, Approving an Appointment to the Tree Advisory Board.
Recommendation: Adopt Resolution No. 6117, approving an appointment to the Tree Advisory Board.
Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination
13. Authorization to issue a Notice Inviting Bids for the 2022 Pavement Maintenance Project (Project No. 15131).
Recommendation: Authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Maintenance Project (Project No. 15131).
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
14. Resolution No. 6112, establishing an updated and revised flag display policy.
Recommendation: Adopt Resolution No. 6112, establishing an updated and revised flag display policy.
Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING:
City Council Regular Meeting Agenda
March 28, 2022
15. (1) Review of two draft City Council District Maps (A2 and A3) and selection of a final District Map; and, (2) Adoption of Ordinance No. 752, (first reading) approving the final City Council District Map and scheduling for second reading on April 11, 2022.
Recommendation: Selection one of the two draft District Maps to be used for District Elections beginning in November 2022. Adopt Ordinance No. 752, (first reading) approving the final City Council District Map and schedule for second reading on April 11, 2022.
Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
16. Adoption of Ordinance No. 753, (first reading) approving the sequencing schedule for district elections concerning the five Council districts in the City of Carpinteria.
Recommendation: Adopt Ordinance No. 753, (first reading) approving the sequencing schedule for district elections concerning five Council districts in the City of Carpinteria.
Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
17. Pursuant to Carpinteria Municipal Code (“CMC”) § 14.78.040, the City Council will hold a public hearing to consider appeals of the Planning Commission’s decision to accept and certify an Environmental Impact Report (“EIR”) and grant approval of a Conditional Use Permit and Coastal Development Permit for Project 19-2015-CUP/CDP, a proposal to construct the 850-foot long portion of the approximately 2,800-foot long multi-use Rincon Trail project filed by: (1) Karl Cameron; (2) Stan Barankiewicz of Orbach Huff & Henderson LLP, on behalf of the Santa Barbara Soaring Association (“SBSA”); and (3) Helen O’Neill. The project location spans from the eastern terminus of Carpinteria Avenue in the City of Carpinteria to the western terminus of the Rincon Beach County Park parking lot, located in unincorporated Santa Barbara County, and involves City and Caltrans rights-of-way and Assessor’s Parcel Nos. 001-220-032, -092, -100 and -101.
City Council Regular Meeting Agenda
March 28, 2022
Recommendation: Consider the filed appeals in a public hearing, and deny the appeals, thereby upholding the Planning Commission’s acceptance and certification of the EIR and approval of a Conditional Use Permit (“CUP”) and Coastal Development Permit (“CDP”) for the Rincon Trail project through Resolution No. 6111 (Attachment A).
Staff Presenter: Nick Bobroff, Principal Planner
a. Ex Parte Disclosures
b. Staff Presentation
c. Appellant Presentation (up to 30 minutes)
d. Public Comment
e. City Council Determination
OTHER BUSINESS:
18. Review of the Mid-Year Budget Report and making related adjustments to appropriations.
Recommendation: Accept the Mid-Year Budget Report and approve adjustments to the budget as summarized in Attachment D. (This motion requires a roll call vote.)
Staff Presenter: Licette Maldonado, Administrative Services Director a. Staff Report
b. Public Comment
c. City Council Determination
19. Response to the 2021 Santa Barbara County Grand Jury report, “The Keys to Housing The Homeless, Two State Programs Offer Rooms and Homes”.
Recommendation: Approve the letter to the subject Santa Barbara Grand Jury Report.
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.
City Council Regular Meeting Agenda
March 28, 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
March 28, 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 April 11, 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, March 23, 2022, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.
Annual Member Agency
Update
City of Carpinteria
March 28, 2022
How Does CCA Work?
“A Partnership to support shared customers”
WHO WE ARE?
CCCE GOVERNANCE
Policy Board: Meets 4 Times Annually including Annual Meeting Operations Board: Meets 10 Times Annually including Annual Meeting Community Advisory Council: Meets 7 Times Annually including Annual Meeting County of
Santa Cruz
City of
Santa Cruz
City of
Watsonville
County of
Monterey
City of
Salinas
County of
San Benito
County of
Santa
Barbara
City of
Santa Maria
Coastal
Cities
Marina
Sand City*
Seaside
Del Rey
Oaks
Peninsula
Cities
Carmel
Monterey
Pacific*
Grove
Salinas
Cities
Greenfield
Gonzales
Soledad*
San Benito
Cities
Hollister*
San Juan
Bautista
Santa Cruz
Cities
Capitola*
Scotts
Valley
San Luis
Obispo
Cities
San Luis
Obispo*
Morro Bay
Paso Robles
South
County
Cities
Arroyo
Grande
Grover
Beach
Pismo*
Beach
SB County
Cities
Guadalupe
Solvang*
Buellton
SB County
Cities
Goleta*
Carpinteria*
*City representative currently serving in a shared seat.
CCCE ACCOMPLISHMENTS
Local
Choice
Economic
Vitality
Local
Support
Financial
Stability
Clean
Energy
• 3Cchoice – clean &
renewable offering
• 3Cprime – 100%
renewable offering
• 94% enrollment
• Contracts with Local
Vendors Over
$1,000,000
• 38 full time
employees
• 2 offices – Monterey
& San Luis Obispo
• Received an A rating
with S&P
• Over $140 Million in
Rate Stabilization
Fund
• Service and Loans
Paid Off
• 889 MWs of
Renewables – solar,
wind, geothermal
• 261 MWs of battery
storage
• Pathway to 100%
clean & renewable
• $50+ million –
Customer benefits
• Over $14 million
set aside for FY
21/22 Energy
Programs
Photo Credit: 2020 Rutgers, The State University of New Jersey Update on Energy Procurement
These contracts meet 35% of our annual energy demand
FAST TRACKING NEW ENERGY DEVELOPMENT
Cost of Service (COS) Rate Design
These projects will serve about 61% of CCCE’s retail load when all are online, expected in 2025.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
CCCE Long-term (LT) Contracting Status as a % of Retail Load 3CE Executed PPA % State RPS Requirement %
State RPS LT Contracting Requirement % 3CE's Procurement Policy % CCCE's Executed Contract Summary
Project Type Count Gen Capacity (MW) Storage Capacity
(MW)
Solar + Storage PPAs 9 633 201
Solar Only PPAs 1 150
Wind PPAs 1 33
Geothermal PPAs 2 73
RA Only Agreement 1 60
14 889 261
FY2021
-22 Our Key
Accomplishments
• 889MW Renewable Energy + 201MW Energy Storage
• Signed 13 long-term agreements to date
• Enough to meet 60% of CCCE electricity demand in 2025 • Receiving Resource Adequacy (RA) from a new 60 MW energy storage system within CCCE’s service area.
• Founding member of California Community Power (CC Power) with other CCAs to leverage CCA purchasing power of energy products such as long duration energy storage.
• Negotiating agreements for 100 MW of new renewable energy + 110 MW of energy storage located within CCCE's service area.
• e RFP to support grid reliability through existing and new technologies Reducing Grid Emissions Through Utility Scale Procurement CCCE HISTORIC RATES & COVID-19
RESPONSE
2018
3% rebate
2019
5% rebate
Jan – April
2020
7% monthly
discount
May & June
2020
50% Bill
Reduction
July 2020 –
Feb 2022
2% discount
Overview:
• $1.3 million in FY 18/19
• $5.4 million in FY 19/20
• $6.2 million in FY 20/21
• Estimated $14.1 million in FY 21/22
• 4% of operating revenue in FY 21/22
Electrification in building and
transportation sectors could
result in $3 billion of untapped
revenue market wide
CCCE Energy Programs
11 FY 21/22 Energy Programs
Electrify Your Ride - $2.8 million – NOVEMBER 2021
School Bus Electrification - $1 million - OCTOBER 2021
Agriculture Electrification - $600k - OCTOBER 2021
Residential Electrification - $1.6 million
New Construction Electrification - $1.5 million – OCYOBER 2021 Reach Code - $60k
Battery Energy Storage Pilot - $350k
Summer Readiness - $400k
Energy Education, Workforce Development and Innovation Grants - $1 million
Greenhouse Gas Inventory - $64k
September 30, 2021
COMING MID-NOVEMBER 2021
New and expanded Electrify Your Ride program will incentivize EV's, EV Chargers AND Electric Bikes with our largest energy program budget to date!
Medium and Heavy-Duty Vehicle Electrification Program
• Intended to support the electrification of Member Agency medium and heavyduty fleet vehicles • Potential applications include street sweepers, refuse trucks, dump trucks, and first response vehicles
• CCCE will reserve funds for qualifying projects and funds will be dispersed once purchases and/or projects are completed
• Intended to work in coordination with city/county purchasing schedules and policies
• Incentives likely to be tied to increased cost of electric models from standard internal combustion options
City of Carpinteria
by The Numbers
(97.64% Enrollment)
• 5,709 total enrolled customers
• 4,787 Residential
• 921 Commercial
• 1 Agricultural
ENERGY PROGRAM FUNDS
• Electrify Your Ride $6,525
Vendor Registry
A Unified Central Coast CCA
Key Updates:
• Adopted Cost of Service rate structure to achieve
agency goals
• Working with CCCE member agencies on
regulatory and legislative matters that ensure
customer fairness and equal access to resources
• Pathway to achieve 100% clean and renewable
energy by 2030
• Leveraging Community Advisory Council for
outreach and non-voting seat participation on
Operations & Policy Boards
• Engaging with the community around
development of future programs
• Enrollment of over 140k customers in 2021 & 2022
across 12 communities
Stay Connected with CCCE
Follow us online, join our newsletter and board agenda notification list, and check our extensive FAQ section on the website.
www.3Cenergy.org
[email protected]
1.888.909.6227
@3CEnergy
@3CEnergy
@3CEnergyEnEspanol
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 28, 2022
ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning March 05, 2022 and March 18, 2022.
STAFF RECOMMENDATION
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 Staff's verification that the expenditures have been reviewed and are within budgeted appropriations.
FINANCIAL CONSIDERATIONS
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 March 05, 2022 and ending March 18, 2022
Warrant Register
March 28, 2022
Page #2
Staff contact: Alexiss Martinez, Accounting Tech.
(805) 755-4422, [email protected]
Staff contact: Licette Maldonado, Admin Services Dir..
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Admin Services\Staff Report\Staff Report AP.docx
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.
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'
Warrant Register
Carpinteria, CA
Date Range: 03/05/2022 - 03/18/2022
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
595143
595144
595150
CARP CITY FEB22 SERVICE
MAR22 001 3011 028030701
MAR22 209-188-2500-061589-5
516516902
CEQA FILING 2129
FEB22 700201069122
FEB22 700230547624
FEB22 700247140684
FEB22 700255596559
FEB22 700264659490
FEB22 700274833982
FEB22 700291369452
FEB22 700405192484
FEB22 700465507084
FEB22 700477662295
FEB22 700525378417
FEB22 700604790697
3501147039
41925
41949
42018
42980
43025
43090
43132
Vendor Name
Payable Type
CA DEPT OF JUSTICE
Invoice
COASTAL VIEW NEWS
Invoice
Post Date
AQUASOURCE
Invoice 03/10/2022
BIG GREEN CLEANING COMPANY
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
03/10/2022
CARPINTERIA VALLEY WATER DISTRICT
Invoice 03/10/2022
03/10/2022
CORMAC O'BRIEN DBA SOUTH COAST ANALYTICS INC
Invoice 03/10/2022
COX BUSINESS
Invoice 03/10/2022
DATA TICKET INC
Invoice 03/10/2022
FRONTIER COMMUNICATIONS
Invoice 03/10/2022
MISSION UNIFORM SERVICE
Invoice 03/10/2022
SANTA BARBARA COUNTY CLERK OF THE BOARD
Invoice 03/10/2022
SANTA BARBARA PEST CONTROL
Invoice 03/10/2022
SO CA EDISON
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
STAPLES ADVANTAGE
Invoice 03/10/2022
THE STORAGE PLACE
Invoice 03/10/2022
VILLAGE POOL SUPPLY
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
Invoice 03/10/2022
AVILA AND ASSOCIATES
Invoice 03/10/2022
BIG GREEN CLEANING COMPANY
Invoice 03/10/2022
Invoice 03/10/2022
Payment Date Payment Type
Payable Description
03/10/2022 Regular
BLUE TABLETS FOR POOL
03/10/2022 Regular
FEB22 CONTRACTED CLEANING SERVICE 5103 CARP AVE
FEB22 CONTRACTED JANITORIAL SERV- CITY & VETS HALL
FEB22 CONTRACTED CLEANING SERVICE-PUBLIC RESTROOMS
03/10/2022 Regular
FEB22 FINGERPRINT APPLICATIONS
03/10/2022 Regular
WATER SERVICE-MULTIPLE LOCATIONS
03/10/2022 Regular
NOTICE OF PUBLIC HEARING 2/24/22
03/10/2022 Regular
RAPID COVID TESTING 2/28/22
03/10/2022 Regular
MAR22-POOL & GARDEN INTERNET & PHONE
03/10/2022 Regular
JANUARY 2022-ONLINE ACCESS TO CITATION PROCESSING
03/10/2022 Regular
PHONE & INTERNET SERVICES FOR LG TOWER
03/10/2022 Regular
MAT REPLACEMENT, UNIFORM CLEANING 2/21/22
03/10/2022 Regular
NOTICE OF EXEMPTION FILING FEE
03/10/2022 Regular
FEB22 PEST CONTROL AT POOL
03/10/2022 Regular
ELECTRICITY-101 ASH AVE
ELECTRICITY-5103 CARPINTERIA AVE
ELECTRICITY-1 CARPINTERIA TCl
ELECTRICITY-100 LINDEN
ELECTRICITY-1115 LINDEN B PED
ELECTRICITY-901 CACTUS LN EV EV
ELECTRICITY-MULTIPLE LOCATIONS
ELECTRICITY-MULTIPLE LOCATIONS
ELECTRICITY-4950 9TH ST BT HM
ELECTRICITY-901 CACTUS LN LGHT
ELECTRICITY-931 WALNUT AVE & 48515TH ST
ELECTRICITY-CAPP AV/CSTS PAS 609
03/10/2022
PAPER
Regular
03/10/2022 Regular
UNIT 0905 RENT 03/23/22 - 4/22/22
03/10/2022
GALLON OF ACID
GALLON OF ACID
GALLON OF CHLORINE, GALLON OF ACID, TEST STRIP
Regular
GALLON OF ACID
GALLON OF ACID
GALLON OF ACID
GALLON OF CHLORINE, GALLON OF ACID
03/10/2022 Regular
OCT-DEC21 ENGINEERING SERVICES FOR CARP CREEK LOMR
03/10/2022 Regular
FEB22 CLEANING SERVICES AT VETS HALL
FEB22 PRESSURE WASHING AT VETS HALL
Payment Amoun· Number
5,362.80
7,128.00
64.00 100867
12,944.38 100868
170.00 100869
1,760.00 100870
356.43 100871
200.00 100872
148.28 100873
86.67 100874
50.00 100875
90.00 100876
15,080.58 100877
172.18
390.00
1,792.83
630.13
1,372.58
100865
100866
100878
100879
100880
100881
100882
596227 Invoice 03/10/2022 CITY HALL MENS RESTROOM CLEANER CARTRIDGE 596647 Invoice 03/10/2022 FEB22 DETAIL CLEAN OF SHACK AT EL CARRO PARK 596663 Invoice 03/10/2022 FEB22 PRESSURE WASH AT VETS HALL 596669 Invoice 03/10/2022 FEB22 CLEAN UP AT CITY HALL PARKING LOT CANNON 03/10/2022 Regular 1,522.00 100883
79468 Invoice 03/10/2022 JAN22 TECHNICAL ASSISTANCE FOR PETRO PIPE ABANDON CLEAN HARBORS ENVIRONMENTAL SERVICES 03/10/2022 Regular 4,121.66 100884 1003966070 Invoice 03/10/2022 BATTERY PACKING & UW SHIPMENT-11-04-2021 COASTAL VIEW NEWS 03/10/2022 Regular 1,305.00 100885
58067 Invoice 03/10/2022 DISTRICTING NOTICE, PUBLIC HEARING FOR COUNCIL 58070 Invoice 03/10/2022 NOTICE OF PUBLIC HEARING FOR APPEALS BOARD COM3 CONSULTING INC 03/10/2022 Regular 8,722.00 100886
CAB-0222 Invoice 03/10/2022 SEP21-FEB22 PROJ. MNGMNT FOR CARP AVE BRIDGE PROJ CORMAC O'BRIEN DBA SOUTH COAST ANALYTICS INC 03/10/2022 Regular 1,360.00 100887 2 Invoice 03/10/2022 RAPID COVID TESTING 3/7/2022
DFM ASSOCIATES 03/10/2022 Regular 64.65 100888
47168 Invoice 03/10/2022 2022 CA ELECTIONS CODE BOOK
FIRST NATIONAL BANK OF OMAHA 03/10/2022 Regular 8,603.34 100889 MAR22 3696 Invoice 03/10/2022 CREDIT CARD PAYMENT-LM
MAR22 6160 Invoice 03/10/2022 CREDIT CARD PAYMENT-JI
MAR22 9341 Invoice 03/10/2022 CREDIT CARD PAYMENT-MR
GAELIC ELECTRIC INC 03/10/2022 Regular 1,656.42 100890
16604 Invoice 03/10/2022 REPLACEMENT OF SENSORS AND MOTORS IN RESTROOMS GRACE NOTE 03/10/2022 Regular 71.31 100891
9747079223 Invoice 03/10/2022 FEB22 LISTING DISTRIBUTION SERVICES INTERNATIONAL CODE COUNCIL, INC 03/10/2022 Regular 145.00 100892 3327087 Invoice 03/10/2022 INT. CODE COUNCIL MEMBERSHIP DUES FOR D.C.
INTERWEST CONSULTING GROUP 03/10/2022 Regular 3,000.00 100893 71399 Invoice 03/10/2022 JUL21 ENGINEERING SERV. FOR CROSSWALK IMPROVEMENTS 71400 Invoice 03/10/2022 JUL21 ENGINEERING SERV. FOR CROSSWALK IMPROVEMENTS IWORQSYSTEMS 03/10/2022 Regular 10,550.00 100894
196997 Invoice 03/10/2022 SOFTWARE MANAGEMENT AND SUPPORT LIEBERT CASSIDY WHITMORE 03/10/2022 Regular 6,379.50 100895 211884 Invoice 03/10/2022 PROFESSIONAL LEGAL SERVICES THROUGH 01/31/2022 212406 Invoice 03/10/2022 PROFESSIONAL LEGAL SERVICES THROUGH 01/31/2022 MISSION UNIFORM SERVICE 03/10/2022 Regular 140.45 100896 516346172 Invoice 03/10/2022 MAT & TOWEL REPLACEMENT AT CITY HALL 1/24/2022 516388886 Invoice 03/10/2022 MAT & TOWEL REPLACEMENT AT CITY HALL 1/31/2022 516432273 Invoice 03/10/2022 MAT & TOWEL REPLACEMENT AT CITY HALL QUADIENT LEASING USA INC. 03/10/2022 Regular 626.29 100897 N9286011 Invoice 03/10/2022 MAR-JUN22 LEASE PAYMENT FOR C.H. POSTAGE MACHINE RECREONICS 03/10/2022 Regular 376.34 100898
878049 Invoice 03/10/2022 LADDER TREAD W HARDWARE
SANTA BARBARA COUNTY CLERK OF THE BOARD 03/10/2022 Regular 50.00 100899 CEQA FILING 2106 Invoice 03/10/2022 NOTICE OF EXEMPTION FILING FEE SANTA BARBARA PEST CONTROL 03/10/2022 Regular 320.00 100900 141528 Invoice 03/10/2022 JAN22 PEST CONTROL AT CITY HALL 141671 Invoice 03/10/2022 JAN22 PEST CONTROL AT VETS HALL 142606 Invoice 03/10/2022 FEB22 PEST CONTROL AT CITY HALL 142607 Invoice 03/10/2022 FEB22 PEST CONTROL AT VETS HALL SANTA BARBARA SWIM CLUB 03/10/2022 Regular 390.00 100901 INV0003437 Invoice 03/10/2022 SBSC MARCH NOVICE MEET SETUP ENTRY FEES SHOWSCAPES 03/10/2022 Regular 18,500.00 100902
38829752 Invoice 03/10/2022 FEB22 MONTHLY LANDSCAPE SERVICES THROUGHOUT CITY SMART & FINAL 03/10/2022 Regular 28.67 100903
6603100025201 Invoice 03/10/2022 WATER BOTTLES FOR POOL 6603100029901 Invoice 03/10/2022 CANDY FOR POOL RESALE
SOLID WASTE SOLUTIONS INC 03/10/2022 Regular 363.00 100904 187 Invoice 03/10/2022 ANNUAL REPORT PREP & CALRECYCLE GRANT REPORT THOMSON REUTERS 03/10/2022 Regular 341.20 100905
845616357 Invoice 03/10/2022 DEC21 WEST INFORMATION CHARGES 845778516 Invoice 03/10/2022 FEB22 WEST INFORMATION CHARGES TKM ENGINEER ING 03/10 /2022 Regular 5,365.00 10 0906
10 48 Invoice 03/10/2022 FEB22 PROFESSIONAL SERVICES FOR RINCON MULTI-USE 1049 Invoice 03/10/2022 FEB22 CITY TRAFFIC ENGINEERING STAFF AUGMENTATION 1050 Invoice 03/10/2022 FEB22 PARKLET PERMIT PROGRAM
TREESCAPES 03/10/2022 Regular 1,800.00 100907
38829745 Invoice 03/10/2022 JAN22 TREE REMOVAL AT 5315 FOOTHILL RD WESTERN EXTERMINATOR COMPANY 03/10/2022 Regular 130.80 100908 13326243 Invoice 03/10/2022 JANUARY 2022 PEST CONTROL AT VETS HALL 13535608 Invoice 03/10/2022 FEBRUARY 2022 PEST CONTROL AT VETS HALL SEIU LOCAL 620 03/10/2022 Regular 243,33 100909
INV0003427 Invoice 03/10/2022 Employee Union Dues Contribution UNITED WAY OF SANTA BARBARA COUNTY 03/10/2022 Regular 24.00 100910 INV0003429 Invoice 03/10/2022 Employee United Way Contribution VANTAGEPOINT TRANSFER AGENTS - 457 03/10/2022 Regular 4,849.89 100911 INV0003418 Invoice 03/10/2022 ICMA Employee Contributions INV0003419 Invoice 03/10/2022 ICMA Employee Contributions INV0003420 Invoice 03/10/2022 Deferred Compensation Contribution ADVANTAGE TELECOM 03/17/2022 Regular 73.74 100912
133215 Invoice 03/17/2022 MAR22 EMERGENCY PHONE LINE SERVICES AFLAC 03/17/2022 Regular 542.29 100913
203053 Invoice 03/17/2022 FEBRUARY 2022 EMPLOYEE PREMIUMS ALL LANGUAGES INTERPRETING & TRANSLATING INC. 03/17/2022 Regular 1,400.00 100914 28423 Invoice 03/17/2022 2 SPANISH INTERPRETERS FOR COUNCIL MEETINGS AT&T MOBILITY 03/17/2022 Regular 416.62 100915
287303896883X03102022 Invoice 03/17/2022 CITY HALL MONTHLY PHONE BILL-FEBRUARY 2022 BASIC 03/17/2022 Regular 104,50 100916
IN2327851 Invoice 03/17/2022 MAR22 MONTHLY FSA ADMIN FEE BUENA VENTURA SWIMMING 03/17/2022 Regular 179.00 100917 INV0003453 Invoice 03/17/2022 VENTURA SWIM MEET FEES
COX BUSINESS 03/17/2022 Regular 430.74 100918
MAR22 001 3011 022093901 Invoice 03/17/2022 MAR22-CITY HALL TV & INTERNET SERVICES DALE REDFIELD 03/17/2022 Regular 173.25 100919
INV0003455 Invoice 03/17/2022 LIBRARY CONSULTANT SERVICES 2/16/22 - 2/24/2022 EVERYWHERE RIGHT NOW 03/17/2022 Regular 2,835.00 100920 3087 Invoice 03/17/2022 FEB22 WEBSITE DEVELOPMENT FOR CITY WEBSITE HOME DEPOT CREDIT SERVICES 03/17/2022 Regular 32.71 100921 532437 Invoice 03/17/2022 RYB IMPACT SET 70PC
IMPULSE ADVANCE COMMUNICATIONS 03/17/2022 Regular 1,611.03 100922 84810 Invoice 03/17/2022 MARCH 2022 PHONE SERVICES STATEMENT LESLIE'S POOL SUPPLIES INC 03/17/2022 Regular 817.03 100923 00308-01-038853 Invoice 03/17/2022 CHEMICALS FOR POOL
00308-01-039121 Invoice 03/17/2022 LEAF RAKE FOR POOL
00308-01-039139 Invoice 03/17/2022 CHEMICALS FOR POOL
00308-02-037520 Invoice 03/17/2022 CHEMICALS FOR POOL
MISSION UNIFORM SERVICE 03/17/2022 Regular 90.90 100924 516474711 Invoice 03/17/2022 MAT & TOWEL REPLACEMENT AT CITY HALL 2/14/22 516516903 Invoice 03/17/2022 MAT & TOWEL REPLACEMENT AT CITY HALL 2/21/22 MRS ENVIRONMENTAL, INC 03/17/2022 Regular 10,500.00 100925 600-2022-01 Invoice 03/17/2022 DEC21-FEB22 OIL & GAS ON CALL ENVIRONMENTAL SERV POLICORE INC. 03/17/2022 Regular 4,230.00 100926
402570 Invoice 03/17/2022 IT SERVICES FOR FEBRUARY 2022 ROD BALTAZAR 03/17/2022 Regular 179.26 100927
INV0003454 Invoice 03/17/2022 PETTY CASH DRAWER REPLENISHMENT SANTA BARBARA COUNTY, TREAS/TAX COLLECTOR 03/17/2022 Regular 17,442.82 100928 20211002359 2ND HALF Invoice 03/17/2022 004-047-017 LIBRARY & CLINIC-CARP SANITARY DIST 20211002394 2ND HALF Invoice 03/17/2022 004-047-040 COMMUNITY POOL-CARP SANITARY DIST 2021-20211000173-2 2ND HALF Invoice 03/17/2022 001-080-038 MONTE VISTA PARK-CARP SANITARY DISTRIC 2021-20211000407-2 2ND HALF Invoice 03/17/2022 001-170-018 CITY HALL-CARP SANITARY DISTRICT 2021-20211001567-2 2ND HALF Invoice 03/17/2022 004-105-011 LINDEN AVE PARKING LOT 2021-20211001663-2 2ND HALF Invoice 03/17/2022 004-005-005 EL CARRO PARK-CARP SANITARY DISTRICT 2021-20211002325-2 2ND HALF Invoice 03/17/2022 003-261-008 CARP AVE PARKING LOT-CARP SANITARY DIS 2021-20211002358-2 2ND HALF Invoice 03/17/2022 004-047-001 SEASIDE BUILDING-CARP SANITARY DISTRIC 2021-20211002992-2 2ND HALF Invoice 03/17/2022 003-470-013 ASH AVENUE-CARP SANITARY DIST 2021-20211004659-2 2ND HALF Invoice 03/17/2022 004-105-016 COMMUNITY GARDEN-CARP SANITARY DISTRIC SITEONE LANDSCAPE SUPPLY (ALL AROUND) 03/17/2022 Regular 265.97 100929 115964473-001 Invoice 03/17/2022 HOSE EQUIPMENT FOR POOL 116021930-001 Invoice 03/17/2022 COUPLING FITTING
116024685-001 Invoice 03/17/2022 CITY PLANTER IRRIGATION ASSEMBLY 116063001-001 Invoice 03/17/2022 BRASS VALVE
116145448-001 Invoice 03/17/2022 POOL FLEX ROLL
116161203-001 Invoice 03/17/2022 SHOP TOOLS
116237014-001 Invoice 03/17/2022 COUPLINGS FOR SIDEWALK 116237276-001 Invoice 03/17/2022 COUPLINGS FOR SIDEWALK REPAIR SO CAL GAS 03/17/2022 Regular 6,222.10 100930
FEB22 006 514 2700 7 Invoice 03/17/2022 NATURAL GAS-5305 CARPINTERIA AVE APT B (POOL) FEB22 014 914 3239 7 Invoice 03/17/2022 NATURAL GAS-5103 CARPINTERIA AVE (FRIENDS OF LIBR) FEB22 016 913 9500 6 Invoice 03/17/2022 NATURAL GAS-5775 CARPINTERIA AVE (CITY HALL) MAR22 140 914 3084 4 Invoice 03/17/2022 NATURAL GAS-941 WALNUT AVE(VETS HALL) THOMSON REUTERS 03/17/2022 Regular 173.12 100931
845941592 Invoice 03/17/2022 JAN22 WEST INFORMATION CHARGES TKM ENGINEERING 03/17/2022 Regular 740.00 100932
1056 Invoice 03/17/2022 FEB22 VIA REAL HOTEL PROJECT SERVICES TRAFFIC TECHNOLOGIES LLC 03/17/2022 Regular 38.67 100933 40020 Invoice 03/17/2022 K-RAIL REFLECTOR
TRI-CO REPROGRAPHICS 03/17/2022 Regular 1,590.29 100934 1514538 Invoice 03/17/2022 SMALL SCANNING, DEBI ND, PDF EXTRACT, FILE RENAME 154221 Invoice 03/17/2022 COLOR SCANNING, DEBI ND, PDF EXTRACT, FILE RENAME 154222 Invoice 03/17/2022 COLOR SCANNING, DEBI ND, PDF EXTRACT, FILE RENAME 154223 Invoice 03/17/2022 SMALL SCANNING, DEBI ND, PDF EXTRACT, FILE RENAME 154483 Invoice 03/17/2022 SMALL SCANNING, DEBI ND, PDF EXTRACT, FILE RENAME 154707 Invoice 03/17/2022 8 COLOR COPIES OF EIR FOR RINCON TRAIL PROJ PERMIT UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNI 03/17/2022 Regular 204.12 100935 220220155 Invoice 03/17/2022 MAR22 NEW TICKET CHARGES & DATABASE MAINTENANCE DSB20210399 Invoice 03/17/2022 MAR22 CA STATE FEE FOR REGULATORY COSTS VERONICA PEREZ 03/17/2022 Regular 45.00 100936
INV0003456 Invoice 03/17/2022 REFUND FOR VETS HALL SECURITY SERVICES WESTAIRE HEATING & CONDITIONING, INC. 03/17/2022 Regular 536.00 100937 18449 Invoice 03/17/2022 EOC AUDITORIUM H-VAC REPAIRS/UPGRADE City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 28, 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 Investor 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 Investment 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 Council with the required monthly Treasurer's Report.
Monthly City Treasurer's Report
March 28, 2022
Page2
POLICY CONSISTENCY
The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.
FINANCIAL CONSIDERATIONS
Cash Statement: At February 28, 2022, the City held cash and cash investments as shown in the table below.
Table I
i I Cash and Investment Beginning of the Month
'Cash Receipts -
Cash Disbursements
· Cash and Investment End of the Month
CASH ACTIVITY FOR THE MONTH:
-l
I
1$
-
17,838,655.07 j
2,748,606.71
c2,4ss,s16.n2 I
18,128,745.06 I
Investments:
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 February 28
th the portfolio's average days to maturity was 2.22 years, the average coupon rate was 1.59%, the average yield to maturity was 1.33%, the par value was $7,491,000 and Market Value was $7,428,891.96.
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 September 1, 2022.
G:\Licette\Treasury\City Treasurer's report.docx
Monthly City Treasurer's Report
March 28, 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) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
~
Signature
G:\Licette\Treasury\City Treasurer's report.docx
City Treasurer's Report
CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended February 2022
CAS H ACTIVI TY FOR THE MONT H:
Cash and Investment Beginning of the Month $ 17,838,655.07 Cash Receipts 2,748,606.71
Cash Disbursements {2,458,516.72}
Cash and Investment End of the Month $ 18 128 745 06
CASH AND INVESTMENT PORTFOLIO:
Yield to Maturity # Days to
Type of lnvestment/Coupon/CUSIP # Institution/Issuer Par Value Market Value (1) Book Value (2) Maturity Date Maturity Demand Deposit - General Checking Montecito Bank NIA NIA NIA 930,780.88 930,780.88 930,780.88 Demand Deposit - Premier Public Money Market Montecito Bank NIA 31112022 I 3,201,008.42 3,201,008.42 3,201,008.42 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 14,621.47 14,621.47 14,621.47 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 4,914.24 4,914.24 4,914.24 Demand Deposit - Money Market Charles Schwab NIA 31112022 1 152,809.49 152,809.49 152,809.49 Local Agency Investment Fund State of California 0.22% 31112022 I 6,395,718.60 6,395,718.60 6,395,718.60 Treasury Note, 1.875%, (912828W89) U.S. Government 1.95% 3131/2022 31 132,000.00 131,530.54 131,530.54 Treasury Note, 1.875%, (912828X47) U.S. Government 1.87% 413012022 61 167,000.00 166,999.92 166,999.92 Treasury Note, 1.75%, (912828XR6) U.S. Government 1.83% 5131/2022 92 179,000.00 178,310.26 178,310.26 Treasury Note, 1.75%, (912828XW5) U.S. Government 0.07% 613012022 122 177,000.00 176,343.17 176,343.17 Treasury Note, 1.875%, (9128282P4) U.S. Government 1.88% 713112022 153 177,000.00 176,924.33 176,924.33 Treasury Note, 1.625%, (9128282S8) U.S. Government 1.74% 813112022 184 168,000.00 167,062.69 167,062.69 Treasury Note, 1.875%, (9 l 28282W9) U.S. Government 1.91% 913012022 214 165,000.00 164,718.17 164,718.17 Treasury Note, 2.0%, (9128283C2) U.S. Government 2.05% 10131/2022 245 179,000.00 178,509.11 178,509.11 Treasury Note, 2.0%, (912828M80) U.S. Government 2.06% 1113012022 275 175,000.00 174,454.00 174,454.00 Treasury Note, 2.125%, (912828N30) U.S. Government 2.24% 12131/2022 306 161,000.00 160,091.79 160,091.79 Treasury Note, 2.375%, (912828302) U.S. Government 2.50% 113112023 337 169,000.00 168,003.85 168,00385 Treasury Note, 2.625%, (9128284A5) U.S. Government 2.60% 212812023 365 171,000.00 171,184.09 171,184.09 Treasury Note, 2.5%, (9128284D9) U.S. Government 0.08% 313112023 396 171,000.00 170,243.30 170,243.30 Treasury Note, 2.625%, (9128284Ul) U.S. Government 2.84% 613012023 487 100,000.00 99,563.57 99,563.57 Treasury Note, 2.75%, (912828Y61) U.S. Government 0.06% 713112023 518 400,000.00 398,795.22 398,795.22 Treasury Note, 2.75%, (9128284X5) U.S. Government 0.01% 813112023 549 400,000.00 399,721.60 399,721.60 Treasury Note, 2.875%, (9128285D8) U.S. Government 0.67% 913012023 579 250,000.00 249,335.00 249,335.00 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 1213112023 671 250,000.00 249,993.47 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 113112024 702 200,000.00 199,388.94 199,388.94 Treasury Note, 2.375%, (9128286G0) U.S. Government 0.78% 212912024 731 200,000.00 199,264.00 199,264.00 Treasury Note, 2.0%, (912828XT2) U.S. Government 1.11% 513112024 823 250,000.00 255,107.50 255,107.50 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/1512024 930 250,000.00 245,359.46 245,359.46 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 1211512024 1021 250,000.00 250,079.39 250,079.39 Treasury Note, 1.125%, (912828ZC7) U.S. Government 1.29% 212812025 1096 250,000.00 248,740.00 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 313112025 1127 250,000.00 260,224.61 260,224.61 Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 5131/2025 1188 250,000.00 241,660.01 241,660.01 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 913012025 1310 250,000.00 240,265.00 240,265.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 1213112025 1402 250,000.00 241,955.00 241,955.00 L-------~-
CITY OF CARPINTERIA TREASURER'S REPORT
For the Month Ended February 2022
Treasury Note, 0.375%, (91282CBC4)
Treasury Note, 0.5%, (91282CBQ3)
Treasury Note, 0. 75%, (9 l 282CBT7)
Treasury Note, 0.75%, (91282CCF6)
Treasury Note, 0.875%, (91282CCJ8)
Treasury Note, 1.25%, (91282CDK4)
U.S. Government 1.37% 12/31/2025 1402
U.S. Government 1.28% 2/25/2026 1458
U.S. Government 1.28% 3/31/2026 1492
U.S. Government 1.34% 5/31/2026 1553
U.S. Government 1.35% 6/30/2026 1583
U.S. Government 1.28% 11/30/2026 1736
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
240,365.00
242,113.19
244,459.30
243,702.50
244,821.96
249,602.02
240,365.00
242,113.19
244,459.30
243,702.50
244,821.96
249,602.02
18,190,853.10 18,128,745.06 18,128,745.06
REPORT ON COMPLIANCE WITH STATEMENT OF SAFEKEEPING AND INVESTMENT OF PUBLIC FUNDS The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.
REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 3/01/22 through 9/01/22.
WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As of February 28, 2022 the weighted average days to maturity of the City's investment portfolio is 2.22 years.
FOOTNOTES TO REPORT/DEFINITION OF TERMS:
(!) The market value of U.S. Goverment Securities was provided by the custodial agent, Charles Schwab.
For the Local Agency Investment Fund the market value represents the contract value.
For all other investments, the market value is equal to book value. (2) Book value of demand deposits equals the bank balance minus outstanding checks plus deposits-in-transit.
Yield to Maturity (YTM): The percentage rate of return for the note assuming that the City holds the asset until its maturity date. It is the sum of all its remaining coupon payments.
Par Value: Equals face value of security (value of the security when it reaches maturity).
Market Value: The last price for which a security was bought or sold. In this case, the value as of the last day of the month of this report.
Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting purposes).
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 28, 2022
ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of February 22, 2022 through March 21, 2022.
STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of February 22, 2022 through March 21, 2022.
DISCUSSION
The City Manager is delegated authority by the Carpinteria Municipal Code (CMG), §2.08.150B, to execute contracts on behalf of the City in the amount of $30,000 or less.
Pursuant to CMG §2.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of February 22, 2022 through March 21, 2022.
FINANCIAL CONSIDERATIONS
All contracts entered into are within the appropriated budgeted amounts.
ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Report of Contracts Executed by City Manager
March 28, 2022
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4446, [email protected]
Reviewed by: Dave Durflinger, City Manager
~/!~
!)J(}vr
ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of February 22, 2022 through March 21, 2022.
VENDOR PURPOSE AMOUNT
County of Santa Barbara Memorandum of Understanding with $3,427.53 County of Santa Barbara for Regional
SB 1383 Food Recovery Plan
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
MARCH 28, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6113, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2022-
23. STAFF RECOMMENDATION
Adopt the attached Resolution No. 6113, as read by title only, directing the City Manager to prepare an assessment report for the consideration of continuing Street Lighting District No. 1 for the Fiscal Year 2022-23.
Sample Motion: I move adoption of Resolution No. 6113, as read by title only, directing the City Manager to prepare an assessment report for the consideration of continuing Street Lighting District No. 1 for the Fiscal Year 2022-23.
BACKGROUND/DISCUSSION
Street Lighting District No. 1 (District) is legally an independent special district governed by the City of Carpinteria. In 1977, the District was established to finance street lighting costs and continues to date. Due to the fact that this District was formed before Proposition 13 and is a property taxing district, the District is entitled to a very small share (less than 1 %) of the basic one percent property tax rate.
The purpose of this agenda matter is for the City Council to consider the first step of continuing Street Lighting District No. 1 for Fiscal Year 2022-23 by ordering the preparation of the District report.
Adoption of Resolution No. 6113, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2022-23 March 28, 2022
POLICY CONSISTENCY
The maintenance of public street lighting, formerly supported by the subject District, can be found consistent with various City policies including the General Plan's Community Design policies for the Downtown area. The work is also consistent with the City's interest in protecting public health and safety.
FINANCIAL CONSIDERATIONS
Failure to continue the District would result in a loss of approximately $200,000 in revenues to finance the cost of street lighting in the district and general fund. These funds have been used in the past to finance capital projects such as new or replacement street lights, etc. The fund balance as of June 30, 2021, is $334,264.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
It has been determined that continuation of this District is not subject to the conditions of Proposition 218.
The following is the sequence of events for continuing the District:
March 28, 2022 - Adopt a resolution ordering the preparation of a report describing the status of the District, which provides street lighting for the City and to provide projections for Fiscal Year 2022-23.
April 25, 2022 - The report is presented by staff with recommendations.
Adopt a resolution accepting the report.
Adopt a resolution of intention to continue the District for next fiscal year and set for public hearing.
May 23, 2022 - Conduct a public hearing on the proposal to continue the District.
Adopt a resolution continuing the District and levying the tax for fiscal year 2022-23.
OPTIONS
1. Adopt the attached Resolution No. 6113, as read by title only, directing the City Manager to prepare an assessment report for the consideration of continuing Street Lighting District No. 1 for the Fiscal Year 2022-23.
2. The City Council could choose not to order the preparation of the Annual Report; however, by omitting this step, the District would not be continued for Fiscal Year 2022-23.
P:\PW Boards and Committees\CC\2022\032822\Order Street Light District Annual Report\20220328_Assessment Dist 1 Street Light Staff Report.docx Adoption of Resolution No. 6113, Directing the Preparation of a Street Lighting District No. 1 Report as a part of Consideration of Continuing the District for Fiscal Year 2022-23 March 28, 2022
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Resolution No. 6113
State of Fund Transactions and Financial Condition for the District District Boundary Map
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4446, [email protected]
Reviewed by:
John L. Ilasin, Public Works Director
(805) 880-3402, [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400, [email protected]
P:\PW Boards and Committees\CC\2022\032822\Order Street Light District Annual Report\20220328_Assessment Dist 1 Street Light Staff Report.docx ~
I
I
ATTACHMENT A
Resolution No. 6113
RESOLUTION NO. 6113
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CARPINTERIA
ORDERING THE CITY MANAGER TO PREPARE
AN ASSESSMENT DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATE AND
REPORT,
PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, CHAPTER 8.5 STREETS AND HIGHWAYS CODE, STREET LIGHTING ACT OF 1919,
AS AMENDED,
FOR THE FURNISHING OF ELECTRIC CURRENT,
FOR THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES
AND APPLIANCES IN ALL PORTIONS OF THE CITY IN
STREET LIGHTING DISTRICT NO. 1
FOR THE PERIOD BEGINNING
JULY 1, 2022, AND ENDING JUNE 30, 2023
WHEREAS, the continued public convenience and necessity require, and it is the intention of the City Council of the City of Carpinteria to order the furnishing of electric current, and the maintenance of lighting fixtures and appliances in said Street Lighting District No. 1 in the City of Carpinteria for the period beginning July 1, 2022 and ending June 30, 2023; and
WHEREAS, proceedings for such proposed improvements will be taken pursuant to the provisions of Division 14, Part 1, Chapter 8.5, Streets and Highways Code, Street Lighting Act of 1919, as amended; and
WHEREAS, the provisions of said Division 14, Part 1, Chapter 8.5, require a written report concerning such proposed improvements.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION 1. That the City Manager is hereby ordered to prepare a written report pursuant to the provisions of Section 18160 and 18161, Streets and Highways Code for the furnishing of electric current and the maintenance of certain lighting fixtures and appliances in all portions of the City that are within Street Lighting District No. 1 in said City for the period beginning July 1, 2022 and ending June 30, 2023.
Resolution No. 6113
PASSED, APPROVED AND ADOPTED on this 28th day of March, 2022, by the following called votes:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett
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 March 28, 2022.
Brian C. Barrett
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
ATTACHMENT B
State of Fund Transactions and Financial Condition for the District
THIS PAGE INTENTIONALLY LEFT BLANK
STREET LIGHTING DISTRICT NUMBER 1
STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
.FUND29
STREET LIGHTING FUND ACTUAL ACTUAL ACTUAL BUDGET PROJECTED 2018-19 2019-20 2020-21 2021-22 2022-23
'A. SUMMARY OF FUND TRANSACTIONS:
Fund Balance; July 1 $ 194,780 $ 205,098 $ 256,170 $ 334,264 $ 410,464 Fiscal Year Revenues 193,201 205,557 203,668 205,250 205,250 Fiscal Year Expenditures 182,883 154,486 125,574 129,050 129,050 Fund Balance; June 30 205,098 256,170 334,264 410,464 486,664 Revenue Over/( Under) Expense $ 10,318 $ 51,072 $ 78,094 $ 76,200 $ 76,200 B. BALANCE SHEET, JUNE 30
ASSETS:
Cash in Savings $ 212,771 $ 263,843 $ 341,937 $ 418,137 $ 494,337 Accounts Receivable
Total Assets 212,771 263,843 341,937 418,137 494,337
LIABILITIES AND FUND BALANCE:
Accounts Payable
Fund Balance 212,771 263,843 341,937 418,137 494,337 ,
Total Liabilities & Fund Balance $ 212,771 $ 263,843 $ 341,937 $ 418,137 ' $ 494,337 C. FISCAL YEAR REVENUE DETAIL:
Use of Money & Property $ 3,534 $ 11,552 $ 639 $ 3,000 $ 3,000 District #1-Property Taxes, Secured 176,305 181,368 195,264 190,000 190,000 District #1-Property Taxes, Unsecured 5,527 6,698 2,905 7,000 7,000 District #1-Supplemental Roll 5,026 4,324 3,692 4,000 4,000 District #1-Homeowners Reimbursement 862 827 820 500 500 Prior Years and Penalties 1,947 789 348 750 750
Total Revenues $ 193,201 $ 205,557 $ 203,668 $ 205,250 $ 205,250 D. FISCAL YEAR EXPENDITURE DETAIL:
Traffic Signals $ - $ - $ - $ - $
Public Right of Way Expenses 38,929 30,617 21,842 22,450 22,450 Street Lighting 94,159 96,679 102,222 100,800 100,800
'Supplies & Materials 3,654 7,913 1,510 5,000 5,000 I
Miscellaneous Operating Expense 800 800
Total Operating Expense 136,740 135,209 125,574 129,050 129,050 Transfers Out 46,143 19,277
Transfers Out Pension Trust
Transfers Out General Fund Capital
Total Transfers 46,143 19,277
Street Lights
Total Capital Outlay Expense
Total Expenditures $ 182,883 $ 154,486 $ 125,574 $ 129,050 $ 129,050
THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT C
District Boundary Map
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
MARCH 28, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6114, Directing the Preparation of a Lighting, Landscaping and Right of Way Improvement District No. 3 Report as a Part of Actions Necessary to Continue Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2022-23.
STAFF RECOMMENDATION
Adopt the attached Resolution No. 6114, as read by title only, ordering the preparation of a report describing the financial status of the District and recommending assessments for Fiscal Year 2022-23 for Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.
Sample Motion: I move adoption of Resolution No. 6114, as read by title only, directing the City Manager to prepare, or have prepared, a report describing the financial status of the District and recommending assessments for Fiscal Year 2022-23 for the Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.
BACKGROUND/DISCUSSION
This assessment district was formed on June 8, 1985 by Resolution No. 1474, superseding Street Lighting District No. 2, providing funding for the maintenance of rights of way including repairs to curbs, gutters, sidewalks, tree removal and planting and the tree management program. Like the former Street Lighting District No. 2, this District may also make assessments for street lighting, but such assessments are not made since the overlapping Street Lighting District No.1 provides funding sufficient to meet any street lighting needs.
This District encompasses the entire City and assessments are made on a parcel by parcel basis depending on use, location and need for services. District revenues are currently used to pay for one Maintenance Worker I and one Maintenance Worker 11 positions as well as general right of way maintenance, and water and electric utilities costs.
1 Adoption of Resolution No. 6114, Directing the Preparation of a Lighting, Landscaping and Right of Way Improvement District No. 3 Report
March 28, 2022
POLICY CONSISTENCY
The City General Plan/Local Coastal Plan includes policies that address the maintenance of street corridors in the City. Specifically, Policies CD-Sa, CD-Sb, CD-9a, CD-9b, CD-9c, CD-9d and CD-9f address pedestrian and bicycle pathways. The Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3 is the financial means by which the City can, in part, implement these policies.
FINANCIAL CONSIDERATIONS
The attached exhibit is a summary of revenue and expenses for the District providing past years, current year and projected data for next fiscal year.
The income stream for this District is fixed at levels set in 1985 when the District was first established. The General Fund subsidized the District by $29,673 last year. The current year subsidy is estimated at $81,300 ($51,300 from the General Fund and $30,000 from Measure X Fund).
The District has also historically received payment from the Gas Tax fund for Gas Tax related work, i.e. street maintenance work that has been assigned through the City's budget system for payment from the Gas Tax Fund, performed by District employees. It is anticipated that the Gas Tax fund balance, which also receives a mostly static income stream, will be exhausted in the next few years. Should this occur it is expected that the General Fund subsidy would need to be increased to support the lost Gas Tax revenue.
At some point, increasing assessments and/or reducing levels of service must be considered unless it is determined to continue to use General Fund revenue sources to supplement the District's revenue.
LEGAL AND RISK MANAGEMENT CON SI DE RATIONS
The following is the sequence of events for continuing the District:
March 28, 2022 - Adopt a resolution ordering the preparation of a report describing the financial status and recommending assessments for Fiscal Year 2022-23.
April 25, 2022 - The report is prepared and presented by staff with recommendations.
Adopt a resolution accepting the report.
Adopt a resolution of intention to continue the District and to levy assessments for next fiscal year and set for public hearing.
P:\PW Boards and Committees\CC\2022\032822\Order ROW District Annual Report\20220328_Assessment Dist 3 Lighting Landscaping & ROW Staff Report.docx Adoption of Resolution No. 6114, Directing the Preparation of a Lighting, Landscaping and Right of Way Improvement District No. 3 Report
March 28, 2022
May 23, 2022 - Conduct a public hearing on the proposal to continue the District.
Adopt a resolution continuing the District and levying assessments for Fiscal Year 2022-23.
OPTIONS
1. Adopt the attached Resolution No. 6114, as read by title only, ordering the preparation of a report describing the financial status of the District and recommending assessments for Fiscal Year 2022-23 for Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3.
2. The City Council could choose not to order the preparation of the Annual Report; however, by omitting this step, the District would not be continued for Fiscal Year 2022-23.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no expected parties at the meeting.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Resolution No. 6114
State of Fund Transactions and Financial Condition for the District District Boundary Map
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4446, [email protected]
Reviewed by:
John L. Ilasin, Public Works Director
(805) 880-3402, [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400, [email protected]
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P:\PW Boards and Committees\CC\2022\032822\Order ROW District Annual Report\20220328_Assessment Dist 3 Lighting Landscaping & ROW Staff Report.docx
ATTACHMENT A
Resolution No. 6114
RESOLUTION NO. 6114
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CARPINTERIA
ORDERING THE CITY ENGINEER TO PREPARE AND FILE
A REPORT IN ACCORDANCE WITH
CHAPTER 3, PART 2, LANDSCAPING AND LIGHTING ACT OF 1972, COMMENCING WITH SECTION 22620,
CALIFORNIA STREETS AND HIGHWAYS CODE,
FOR THE PURPOSE OF CONSIDERING THE LEVY OF AN ASSESSMENT FOR
CARPINTERIA LIGHTING, LANDSCAPING AND RIGHT OF WAY IMPROVEMENT DISTRICT NO. 3
FOR FISCAL YEAR 2022-23
WHEREAS, Chapter 3, Part 2, Landscaping and Lighting Act of 1972, commencing with Section 22620 of the California Streets and Highways Codes specifies the process for the levy of annual assessments after formation of an assessment district pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, the City Council desires to consider an assessment for Fiscal Year 2022-23; and
WHEREAS, the Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3 includes the entire City of Carpinteria, including those parcels created within the City subsequent to the establishment of said District, unless any such parcel is exempt from assessment as provided by law; and WHEREAS, it is the intention of the City to continue to service and maintain street lights, landscaping and right of way in the City.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION 1. The City Manager shall have the City Engineer prepare and file a report in accordance with Chapter 3, Part 2, Landscaping and Lighting Act of 1972, commencing with Section 22620 of the California Streets and Highways Code for the purpose of consideration of the levy of an assessment for the Carpinteria Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2022-23.
Resolution No. 6114
PASSED, APPROVED AND ADOPTED on this 28th day of March, 2022, by the following called votes:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, 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 March 28, 2022.
Brian C. Barrett, 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
ATTACHMENT B
State of Fund Transactions and Financial Condition for the District
THIS PAGE INTENTIONALLY LEFT BLANK
LIGHTING, LANDSCAPING AND RIGHT OF WAY IMPROVEMENTDISTRICTNUMBER3
STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
FUND33
RIGHT OF WAY FUND ACTUAL ACTUAL ACTUAL BUDGET PROJECTED 2018-19 2019-20 2020-21 2021-22 2022-23
A. SUMMARY OF FUND TRANSACTIONS:
Fund Balance; July 1
Fiscal Year Revenues
Fiscal Year Expenditures
Fund Balance; June 30
Revenue Over/(Under) Expense
B. BALANCE SHEET, JUNE 30
ASSETS:
Cash in Savings
Accounts Receivable
Total Assets
LIABILITIES AND FUND BALANCE:
Accounts Payable
Fund Balance
Total Liabilities & Fund Balance
C. FISCAL VEAR REVENUE DETAIL:
District #3 Assessment
Penalties and Interest
Miscellaneous Revenue
Transfer from Other Funds
Total Revenues
$ - $
407,605.
407,605
- $ (1,665) $ (12,572) $ (12,572)
355,279 224,586 276,650 276,650
356,944 235,493 276,650 276,650
(1,665) $ (12,572) $ (12,572) $ (12,572)
$ - . $ (1,665) $ (10,907) $ - $
$ - $ - $ - $ - $
!$ - I $ - $ - $ - $
$ 196,817 $ 198,415 $ 194,285 $ 195,000 $ 195,000
518 305 628 350 350
1,475 2,684
208,794 153,876 29,673 81,300 81,300 ·
$ 407,605 $ 355,279 $ 224,586 $ 276,650 $ 276,650
D. FISCAL VEAR EXPENDITURE DETAIL:
Personnel Expense
Right-Of-Way Maintenance (Contract)
Street Tree Maintenance (Contract)
Supplies and Materials
Vehicle Operations
Other Contract Services
Utilities
Total Operating Expense
Transfers Out
Capital Improvements
Total Capital Outlay Expense
Total Expenditures
$ 168,130 $ 192,319 $ 112,784 $128,800 $ 128,800
15,453 52,465 61,733 78,250 78,250
2?,665 21,141 15,205 20,000 20,000
56,223 22,871 930 5,000 5,000
29,834 35,730 44,841 44,600 44,600
295,304, 324,526 235,493 . 276,650 276,650
112,300 32,418
$ 407,605 $ 356,944 $ 235,493 . $ 276,650 $ 276,650
THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT C
District Boundary Map
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 28, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6115, Directing that the Required Report Be Prepared as a Part of the Process to Continue Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2022-23.
STAFF RECOMMENDATION
Adopt the attached Resolution No. 6115, ordering a report by the Downtown 'T' Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2022-23.
Sample Motion: I move to adopt Resolution No. 6115, as read by title only, ordering a report by the Downtown 'T' Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2022-23.
BACKGROUND
This District was formed in 1986, pursuant to the Parking and Business Improvement Area Law of 1979 (Streets and Highways Code 36500, et. al.) to provide a means of funding downtown promotion, revitalization efforts and public parking within the District. Typically, all businesses within the District pay a flat annual assessment of $119.25, as was the case in Fiscal Year 2019-20. However, due to the COVID-19 pandemic, the Downtown 'T' Business Advisory Board recommended and the City Council approved continuing the District for Fiscal Year 2020-21, but not levy the general business assessment as a way of supporting Downtown businesses during the pandemic.
The District area includes several sub-areas that were formed historically as a part of funding capital parking projects. See Attachment C. None of the sub-areas are currently active.
Sub-Area "A" - Parking Lot No. 1
Parking Lot No. 1 is located on Ninth Street between Yucca Lane and Elm Street. The funding program for this parking lot, which was financed through the sale of serial bonds, Adoption of Resolution No. 6115, Directing the Preparation of the Requisite Report Be Prepared as a Part of the Process to Continue Parking and Business Improvement Area Assessment District No. 4 for FY 2022-23 March 28, 2022
was paid off in 1988 by means of property assessments on the individual property owners.
In FY 1996-97 an assessment fee was levied on businesses adjacent to Parking Lot No. 1 to reimburse the City for half of the costs incurred for resurfacing the parking lot. Final payments on this assessment were completed in June 2006.
Sub-Area "B" - Parking Lot No. 3
Parking Lot No. 3 is located at the Amtrak Station on Linden Avenue and Fifth Street.
Parking Lot No. 3 was completed in FY 1989-90. SB 959 Grant monies were used on this project and, since this lot was intended to benefit both the Downtown and the beach area, a portion of the cost was funded through the Tidelands Trust Fund as well as the City's General Fund. Businesses located in the proximity of Parking Lot No. 3 were levied an assessment fee. The debt was retired in June 2017.
Sub-Area "C" - Parking Lot No. 2
Parking Lot No. 2 is located on Cactus Lane. The funding program for this parking lot was established in FY 1987-88. SB 959 Grant monies were used to fund a portion of the cost and funding of the balance was equally shared by the City and the businesses adjacent to Parking Lot No. 2. The business share of the assessment was paid off in June 1997.
Most recently, Parking Lot No. 2 was completely rebuilt with new pavement, storm water capture system, and lighting and landscaping improvements. This project was paid for by various City funds including Measure A, Measure X, Road Maintenance & Rehabilitation Account, and the Parking Business and Improvement Area Fund.
The Downtown 'T' Business Advisory Board provides oversight and budget recommendations for spending the general business promotion assessments. Examples of expenditures are funding of downtown promotions, such as the two holiday parades, the Halloween Safe Trick or Treat event, as well as the Downtown banner program and a courtesy map.
DISCUSSION
The Downtown 'T' Business Advisory Board (DTBAB) has a duty to prepare and present an Annual Report to the City Council that addresses all matters relating to the Assessment District, including the methods and basis of levying the assessments and recommendations on the use of funds collected by the District. Additionally, the Board makes recommendations to the City Council for general promotion of business activities, economic growth, and stability of the District, and general maintenance issues within the Downtown 'T'. The ordering, preparation and presentation of the Annual Report are also required steps in the process for renewal of the District.
P:\PW Boards and Committees\CC\2022\032822\Order PBIA Annual Report\20220328_PBIA Dist 4 Staff Report.docx
Adoption of Resolution No. 6115, Directing the Preparation of the Requisite Report Be Prepared as a Part of the Process to Continue Parking and Business Improvement Area Assessment District No. 4 for FY 2022-23 March 28, 2022
POLICY CONSISTENCY
The District funds work that is consistent with the City's intent in supporting the local economy, in particular, the Downtown Business District. This item is in conformance with the requirements laid out in Chapters 3 and 4 of the "Parking and Business Improvement Area Law of 1989" of the California Streets and Highways Code.
FINANCIAL CONSIDERATIONS
Any financial impact to the City is incidental staff time in working with the Downtown T" Business Advisory Board to prepare the Annual Report of Assessment District No. 4.
The financial condition of the District is shown on Attachment B.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Assessments for District No. 4 are made on businesses located within the improvement area; not on property owners. As such these assessments are not subject to the provisions of Proposition 21.8. It is possible to establish a district that is property based making collections through the County property tax roll. Such a district and assessments would; however, be subject to Proposition 218 requirements.
The following is the sequence of events for continuing this District:
March 28, 2022 - Adopt a resolution ordering the preparation of the Annual Report.
April 25, 2022 - Staff presents Annual Report with recommendations.
Adopt resolution accepting report.
Adopt resolution setting the matter for a public hearing.
May 23, 2022 - Hold public hearing on proposal to continue District.
Adopt resolution continuing District and levying assessments for Fiscal Year 2022-23.
OPTIONS
1. Adopt the attached Resolution No. 6115, ordering a report by the Downtown "T" Business Advisory Board for the purpose of continuing assessments for the Carpinteria Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2022-23.
2. The City Council could choose not to order the preparation of the Annual Report; however, by omitting this step, the District would not be continued for Fiscal Year 2022-23.
P:\PW Boards and Committees\CC\2022\032822\Order PBIA Annual Report\20220328_PBIA Dist 4 Staff Report.docx
Adoption of Resolution No. 6115, Directing the Preparation of the Requisite Report Be Prepared as a Part of the Process to Continue Parking and Business Improvement Area Assessment District No. 4 for FY 2022-23 March 28, 2022
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no expected parties at the meeting.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Resolution No. 6115
State of Fund Transactions and Financial Condition for the District District Boundary Map
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4446; [email protected]
Reviewed by:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400, [email protected]
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P:\PW Boards and Committees\CC\2022\032822\Order PBIA Annual Report\20220328_PBIA Dist 4 Staff Report. docx
ATTACHMENT A
Resolution No. 6115
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6115
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CARPINTERIA
ORDERING THAT A REPORT BE PREPARED
IN ACCORDANCE WITH CHAPTERS 3 AND 4 OF THE
"PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989" OF THE
CALIFORNIA STREETS AND HIGHWA VS CODE, AS AMENDED,
COMMENCING WITH SECTION 36500,
FOR THE ACQUISITION, CONSTRUCTION OR MAINTENANCE OF
PARKING FACILITIES AND OTHER ELIGIBLE IMPROVEMENTS AND
BUSINESS PROMOTION ACTIVITIES
IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF CARPINTERIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2022 AND ENDING JUNE 30, 2023 CARPINTERIA PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NO. 4 WHEREAS, the Carpinteria City Council did form an assessment district pursuant to the "Parking and Business Improvement Area Law of 1979", being Division 18, Part 6 of the Streets and Highways Code of the State of California, commencing with Section 36500; and
WHEREAS, said formation of the Carpinteria Parking and Business Improvement Area District No. 4 was accomplished by adoption of Ordinance No. 393 on September 8, 1986, following public hearings as prescribed by the Parking and Business Improvement Area Law of 1979; and
WHEREAS, said District No. 4 has been continued in full force and effect in subsequent fiscal years; and
WHEREAS, effective January 1, 1990, said Parking and Business Improvement Area Law of 1979 was repealed by the State of California and replaced by the Parking and Business Improvement Area Law of 1989, being Division 18 of Part 6 (commencing with Section 36500) of the California Streets and Highways Code; and WHEREAS, Article 3 of Chapter 1 of said 1989 Improvement Area Law (Section 36515) provides that any Parking and Business Improvement Area created prior to January 1, 1990, under the prior 1979 law, continues to be in full force and effect, subject to certain conditions, under the 1989 law; and
WHEREAS, Chapter 3 (Assessments) and Chapter 4 (Modification of Boundaries) of said 1989 Improvement Area Law (commencing with Section 36530) prescribes the process for levying assessments, including appointment of an advisory board and requires said board to make a report to the City Council on all matters relating to said Improvement Area prior to the City Council taking any action on said assessments or boundaries for the next fiscal year starting July 1, 2022 ; and Resolution No. 6115
WHEREAS, it is necessary for the public safety, convenience and economic health of the City that efforts to provide off-street public parking and other improvements and business promotion activities within the central business district be continued; and WHEREAS, the City Council wishes to consider continuing the existing Parking and Business Improvement Area District No. 4 for Fiscal Year 2022-23 including the various programs and assessments associated therewith.
NOW, THEREFORE BE IT RESOLVED as follows:
SECTION 1. The Carpinteria City Council does hereby resolve, determine and order that a Report be prepared by the Downtown "T" Business Advisory Board pursuant to Chapters 3 and 4 of the California Parking and Business Improvement Area Law of 1989, being Part 6 of Division 18 (commencing with Section 36530) of the California Streets and Highways Code, for the fiscal year starting July 1, 2022 and ending June 30, 2023, including programs for the acquisition, construction or maintenance of off-street public parking and such other eligible improvements and business promotion activities, including proposed assessments and boundary adjustments, if any.
PASSED, APPROVED AND ADOPTED this 28th day of March 2022 by the following called vote:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ABSTAIN: COUNCILMEMBER:
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, City Clerk
City of Carpinteria
Resolution No. 6115
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the 28th day of March 2022.
Brian C. Barrett, 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. 6115
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ATTACHMENT B
State of Fund Transactions and Financial Condition for the District
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PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NUMBER 4
STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
FUND210
PARKING AND BUSINESS IMPROVEMENT AREA FUND ACTUAL ACTUAL ACTUAL BUDGET PROJECTED 2018-19 2019-20 2020-21 2021-22 2022-23
A. SUMMARY OF FUND TRANSACTIONS:
Fund Balance; July 1 $ 63,953 s 62,920 s 45,570 s 26,962 s 9,012 Fiscal Year Revenues 14,880 . 16,228 604 350 14,310
,.
Fiscal Year Expenditures 15,914 33,577 19,212 18,300 18,300 Fund Balance; June 30 62,920 45,570 26,962 9,012 5,022
Revenue Over/(Under) Expense $ (1,034) $ (17,349) $ (18,608) s (17,950) s (3,990) B. BALANCE SHEET, JUNE 30
ASSETS:
Cash in Savings $ 62,920 s 45,570 s 26,962 s 9,012 s 5,022 Total Assets 62,920 45,570 26,962 9,012 5,022
LIABILITIES AND FUND BALANCE:
Accounts Payable
Fund Balance 62,920 45,570 26,962 9,012 5,022
Total Liabilities & Fund Balance $ 62,920 s 45,570 s 26,962 s 9,012 s 5,022 C. FISCAL YEAR REVENUE DETAIL:
Use of Money & Property
"s 1,166 s 2,439 s 137 s 100 s
Assessment General BusinessDistrict #4 Assessment $13,714 s 13,789 s 467 s 2S0 s 14,310 Parking Lot Assessment
Transfer In
Total Revenues $ 14,880 s 16,228 s 604 s 350 s 14,310
D. FISCAL YEAR EXPENDITURE DETAIL:
Salaries 5,306 5,600 5,600
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Marketing Materials $ 13,230 $ 4,218 3,592 $ 5,100 s 5,100 Street Maintenance 13,436 4,950 5,400 5,400
Parking Lot #3 Debt
Printing & Advertising 136 201
Dues & Subscriptions 381 1,500 1,500
Supplies & Materials 48 747 700 700
Equipment/Office Rent & Leases 4,237
Transfer Out
,.
2,500 15,722
Total Operating Expense 15,914 33,S77 19,212 18,300 18,300 Capital Improvements
Total Capital Outlay Expense
Total Expenditures $ 15,914 s 33,577 s 19,212 s 18,300 s 18,300
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ATTACHMENT C
District Boundary Map
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Lot # 1 THIRD Lot #2
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District Boundaries of Carpinteria
Parking and Business Improvement Area
District No. 4
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Parking Lot # 2
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 28, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6116, Directing the Initiation of Procedures to Continue Winter Protection Berm Assessment District No. 5 for Fiscal Year 2022-23.
STAFF RECOMMENDATION
Adopt the attached Resolution No. 6116, as read by title only, ordering the preparation of a report describing the Winter Protection Berm Program and associated assessment and continue the Winter Protection Berm Assessment District No. 5 for Fiscal Year 2022-23.
Motion: I move to adopt Resolution No. 6116, as read by title only.
BACKGROUND / DISCUSSION
The Winter Protection Berm Assessment District No. 5 (District) was formed by Resolution No. 3061, dated December 14, 1992. The District funds the annual construction and removal of the winter protection berm along Carpinteria City Beach.
The annual construction and removal are necessary to provide storm wave and coastal flooding protection to the public and private improvements within the District. The District includes all properties immediately adjacent to Carpinteria City Beach from Linden Avenue to Ash Avenue.
The attached Resolution No. 6116 orders staff to prepare the District report pursuant to Streets and Highways Code 10200 et seq. in which will then be presented at a subsequent public meeting. The preparation of the Engineer's Report is the first step in a process to consider the annual renewal of the District. The District report is scheduled to be heard at the City Council Meeting of April 25, 2022, based on the adoption of Resolution No. 6116.
POLICY CONSISTENCY
The City's winter protection berm is an important public safety project that protects public and private property improvements from winter storm waves along Carpinteria City Beach.
Adoption of Resolution No. 6116, Directing the Initiation of Procedures to Continue Beach Winter Protection Berm Assessment District No. 5 for Fiscal Year 2022-23 March 28, 2022
FINANCIAL CONSIDERATIONS
There is no financial analysis included as a part of this staff report.
LEGAL
There are no legal issues presented as a part of this report.
OPTIONS
1. Adopt the attached Resolution No. 6116, as read by title only, ordering the preparation of a report describing the Winter Protection Berm Program and associated assessment and continue the Winter Protection Berm Assessment District No. 5 for Fiscal Year 2022-23.
2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate. However, by omitting this step, the District would not be continued for Fiscal Year 2022-23.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A: Resolution No. 6116
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4446; [email protected]
Reviewed by:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400; [email protected]
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ATTACHMENT A
Resolution No. 6116
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RESOLUTION NO. 6116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA
INITIATING PROCEEDINGS FOR THE CONTINUATION OF ASSESSMENT DISTRICT NO. 5.
WHEREAS, The Carpinteria City Council proposes to set the amount of the annual assessment to be collected for fiscal year 2022-23 pursuant to the Municipal Improvement Act of 1913 (section 10000 and following, Streets and Highways Code) for the purpose of constructing the following improvements:
The annual installation and removal of the Carpinteria Beach Winter Protection Berm project located along the entire length of the Carpinteria City Beach between Linden Avenue on the east to Ash Avenue to the west. The annual winter sand berm project benefits the public and private improvements within the District's boundaries by providing a measure of protection from winter ocean waves and ocean flooding, and WHEREAS, the funds collected by the proposed assessment are specifically to be used for the Assessment District Number Five project costs, in the City of Carpinteria, Santa Barbara County, California and shall be collected from all the benefitting land shown inside the District's boundaries on the map designated, " Assessment Diagram, Assessment District No. 5, City of Carpinteria, Santa Barbara County, California," which map is on file with the City Clerk and is hereby approved.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The Public Works Director of the City of Carpinteria is hereby designated Engineer for the purpose of these proceedings.
SECTION 2. The City Council hereby directs the Public Works Director to prepare and file with the City Clerk a report in accordance with §10204 of the Municipal Improvement Act of 1913, Streets and Highway Code.
SECTION 3. The Report shall be filed with the City Clerk and shall be presented to the City Council for consideration on April 25, 2022, at 5:30 pm or as soon thereafter as the matter may be heard.
PASSED, APPROVED AND ADOPTED on the 28th day of March, 2022, by the following vote:
Resolution No. 6116
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, 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 March 28, 2022.
Brian C. Barrett, 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
COUNCIL AGENDA STAFF REPORT
March 28, 2022
ITEM FOR COUNCIL CONSIDERATION
Adopt Resolution No. 6117, Approving an Appointment to the Tree Advisory Board.
STAFF RECOMMENDATION
Adopt Resolution No. 6117, approving an appointment to the Tree Advisory Board.
Sample Motion: I move to adopt Resolution No. 6117, as read by title only, approving the appointment of to the Tree Advisory Board.
BACKGROUND
The Tree Advisory Board (Board) consists of five members with the qualifications for membership being residency within the Carpinteria Valley and a composition of a mix of lay citizens and professionals form a pertinent discipline. Carpinteria Municipal Code Section 12.28.0S0A provides examples of some of the characteristics or attributes that may serve as guidelines in making appointments to the Board. Such characteristics/attributes include the following:
1. Members of the public interested in trees as a major component of Carpinteria's physical and aesthetic environment;
2. Arborists, ornamental horticulturists, and landscape architects and designers, or those with a technical background in a related field. At least two members of the Board shall have such a professional background;
3. Other qualified and interested persons from garden clubs, conservation and beautification organizations; and
4. Members of the academic community with training in the biological or other natural sciences.
DISCUSSION
The role of the Board is to act in an advisory capacity to the City Council, City Manager, and staff in the administration of Carpinteria Municipal Code Chapter 12.28 (Street Trees, Shrubs, and Plants) with regard to all street tree matters. The Board meets Tree Advisory Board Appointment
March 28, 2022
quarterly and also holds an annual "Tree Tour" in October. The term of office for members of the Board is two years which expires on January 3P 1 in odd-numbered
years. Longtime member Julie Broughton retired from the Board effective January 19, 2022 which created the current vacancy. Pursuant to said code, a successor shall be appointed for the unexpired portion of the term ending January 31, 2022.
Staff received three applications from the following interested individuals (see Attachment B):
• Natasha Elliott
• Patrick R. Crooks
• Michael Hutch
POLICY CONSISTENCY
This item is consistent with Carpinteria Municipal Code Section 12.28.080 which established rules for the appointment to the Tree Advisory Board. The City Council has the authority to determine the makeup of the Board pursuant to said code. There are no proposed changes to the responsibilities of the Tree Advisory Board.
FINANCIAL CONSIDERATIONS
There will be no effect on any City fund with the appointment to the Tree Advisory Board.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Pursuant to Carpinteria Municipal Code Section 12.28.080, the City Council has full discretion in the composition, qualifications, and selection of the Tree Advisory Board members. Appointments to the Board are made by the Mayor with the consent of the City Council.
In accordance with the Maddy Act, the City Clerk posted a notice of the unscheduled vacancy at City Hall and on the City's website on February 7, 2022 and a blurb was published in the Coastal View News on February 10, 2022 and on social media. The Maddy Act also requires that appointment to the vacancy must be made at least 10 working days after the posting of the notice of unscheduled vacancy.
OPTIONS
1. Adopt Resolution No. 6117, approving an appointment to the Tree Advisory Board.
2. Not adopt Resolution No. 6117 and provide further direction to staff as determined appropriate.
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\03-28-22\TAB Appointment\Staff Report.docx Tree Advisory Board Appointment
March 28, 2022
PRINCIPAL PARTIES EXPECTED AT MEETING
Applicants have been advised of the meeting date and invited to attend.
ATTACHMENTS
Attachment A:
Attachment B:
Resolution No. 6117
Received Applications
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4446; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\03-28-22\TAB Appointment\Staff Report.docx Tree Advisory Board Appointment
March 28, 2022
Page4
ATTACHMENT A:
Resolution No. 6117
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\03-28-22\TAB Appointment\Staff Report.docx RESOLUTION NO. 6117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, APPROVING AN APPOINTMENT TO THE TREE
ADVISORY BOARD FOR THE TERM ENDING JANUARY 31, 2023
WHEREAS, under the provisions of Section 12.28.080 of the Carpinteria Municipal Code, a Tree Advisory Board composed of five members exists to advise the City Council on street trees and other tree and planting matters; and WHEREAS, one vacancy exists on the Tree Advisory Board due to the retirement of Julie Broughton; and
WHEREAS, said vacancy has been duly noticed and advertised as required and all interested persons have been invited to submit an application for consideration for appointment to fill said vacancy; and
WHEREAS, applications to the Tree Advisory Board were received; and WHEREAS, the City Council has reviewed and considered persons who have indicated an interest in serving and the Mayor has recommended that a certain person be appointed to the Tree Advisory Board.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Carpinteria City Council hereby resolves that the following appointment is approved and confirmed effective March 28, 2022, and that such appointment is to continue in effect at the pleasure of the City Council for the term ending January 31, 2023.
APPOINTED TO THE TREE ADVISORY BOARD
Resolution No. 6117
SECTION 3. The appointment is made subject to and contingent on those terms and conditions established as a part of Carpinteria Municipal Code Chapter 12.28.
PASSED, APPROVED AND ADOPTED on 28th day of March, 2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, 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 March 28, 2022.
Brian C. Barrett, 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
Tree Advisory Board Appointment
March 28, 2022
ATTACHMENT B:
Received Applications
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\03-28-22\TAB Appointment\Staff Report.docx Tree Advisory Board Appointment
March 28, 2022
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G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\03-28-22\TAB Appointment\Staff Report.docx
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria A venue
Carpinteria, CA 93013
BOARD, COMMISSION OR COMMITTEE APPLIED FOR:
Tree Advisory Board
APPLICANT: N_a_ta_s_h_a_E_ll_io_tt _
Na
-
me
Address Email
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria? __ Yie_s _ EXPERIENCE/ BACKGROUND:
BFA in Scul ture from Cal State Lon Beach Horticulture ro ram SBCC Education
I currently am the owner of the landscape design studio Sweet Smiling Landscape as well at teach Landscape design at Santa Barbara City College.
I also hold my C-27 landscape contractors license. I have previous experience working in regenerative agriculture and restoration ecology.
Present Occupation (Please describe any relevant past work experience) I am a board member tor the Central Coast Green Building Council and am on tho AIA COTE (Committee On The Environment) committee.
Memberships in Organizations
Reasons why you believe you should be appointed (attach additional sheets if necessary):
I have a good deal of experience and passion for landscape design, construction, maintenance and ecology. I believe that well thought out, well designed, well maintained cities are the back bone of health and happy communities as well as powerful tools for improving local ecology. The way we manage or trees can mitigate the effects of climate change such as fire resiliency, the heat island effect, carbon sequestration and flooding. I would like to use my knowledge and expertise in this field to aid this community in being the healthiest, most resilient and most beautiful It can be.
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on:
Central Coast Green Building Council regional meeting 2nd Wednesday of the month 5:30•8pm Central Coast Green Building Council board meeting 2nd Thursday or the month 4:00-5:30 pm AIA COTE meeting meeting 3rd Thursday of the month 5:30-7:00 pm I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief I understand tbat false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for termination of position. This application is a public document and is available for review.
THIS APPLICATION MUST BE SIGNED IN INK AND DATED
Rev. 12/7/12 -~,-gt~J~tur '-+..,_,,_~.c.. "/( 'Zf}.,._~_-t:=- 0+/-'z_=-=z_. '----
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
BOARD, COMMISSION OR COMMITTEE APPLIED FOR:
Tree Advisory Board
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Cl rv O CARP INTERJ A
APPLICANT: Patrick R. Crooks
Name
Address Email
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria? _Y~e~s _ EXPERIENCE/ BACKGROUND:
B.S. Environmental Science - Fen-um College
Education
Project Scientist
Present Occupation (Please describe any relevant past work experience) ISA - Certified Arborist (WE-l2523A), Western Chapter ISA, Channel Islands Chapter California Native Plant Society, Santa Barbara Botanic Garden, The Wildlife Society, and Citizens for the Carpinteria Bluffs (Board of Directors) Memberships in Organizations
Reasons why you believe you should be appointed (attach additional sheets if necessary):
I feel my education, professional experience, and credentials arc well-suited for this board. As a lifelong resident of Carpinteria, I hove a true respect for this community and the people who have dedicated service to making it into the town ii is today, I feel a sense of obligation lo provide my knowledge and skill set 10 aid the City of Carpinteria in maintaining, preserving, and planning for the future success of our trees Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on:
Member of City of Carpinteria- COSMAB and Integrated Pest Management Committee (201 ?-present) I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for termination of position. This application is a public document and is available for review.
Rev. 1217/12
THIS APPLICATION MUST BE SIGNED fN 1NK AND DATED ~
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CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria A venue
Carpinteria, CA 93013
fEB 2 2 2022
BOARD, COMMISSION OR COMMITTEE APPLIED FOR: 'Jr«-. v.Jv·,,.'" j , : b ... ~, d . l/VIJI.N'e. sea,) APPLICANT: ~ 'Lh_o..<l 1-~il
Address
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria? -z)-f'-.R.,,....,,(>"----------------- EXPERIENCE/ BACKGROUND:
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Education
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Memberships in Organizations
Reasons why you believe you should be appointed (attach additional sheets if necessary):
kl~(,~ tuzAt... no~ j'-"~-+- ~6~t-_ t.\., r,.. a~d u,"'f-11'\1,..,(_ -fu work. >\.CT W'~"" h,. !)(_c.,,c;j-...,~ A.,1-\. ~c.,f--iv'{ /w, /id au- c>+ 1l\JL U>t~•~l-s.)'\.:~ • w~ V"~ · <>.Ir ~~ J....,Z1ls . , r<Jt. AJvt~" t.,,.<)i.,,.,IJ k C\- ('IA.(,•,f1r- . s l,c,-p. ·, ."' r. '"'\ f\-\.4 ~ ~,;...,_, -1 pr-t> f.S:.S1 -'-:-c-1 t~A.. ,it ti-\"• w"' ~-r "'l Plcase tist City Ccmmission/Committee/Bonrd (inel'uding dates) you are currently serving on or have pn,¼J-•~"" / ..,_i.J<:.r-Q.i\OS. served 011: N / AI, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failun to do so in a timely manner may be cause for termination of' position. This application is a public document and is available for review. "-·-
fEB 2 4 202,
To whom it may concern:
I am following up to the written application for the vacant spot on the City Tree Advisory Board. I have included a resume as well to look over my background and would value a meeting in person to discuss the role in further detail.
Tree Advisory Board could mean many things, just as a fe.w lines on a shorthandwritten application could be hard to grasp many things about the applicant applying for the role. Hoping this short note can help to atleast open the window of who I am, and why I would love the conversation. Would love to see if I could help this great community and learn more of what the position entails.
My name is Michael Huth, I am not a Carpinteria lifetime citizen, I am 34 years young, and I have only been living here for just over a year. I know those things can often go against someone in a position or role like this, in a community with deep roots. I understand. My goal in applying for a position like this aligns simply with my goals to finally take up the offer of some of my greatest friends who have been Carp lifers, and have deep roots of their own in this great community. They were gracious enough to through COVID give me the final push I needed to finally stop being a visitor on weekends, and take the plunge. 2020 changed a lot for everyone and I was no different. It aligned people with what is important and balanced the way we work.
As you can see from my resume I have been a talent agent and manager for many years and have been lucky enough to call myself quite successful. That is not my path, but it is a skillset I have realized is real. The art of wearing many hats, understanding all personalities, and how to bring people together to achieve a common goal. .. it is a skill. It stretches more beyond a gift of gab, or putting out fires ... and I assure you I am a midwest man who does not swindle or lie.
So COVID pushed me to the bluffs of Carpinteria, to finally relieve myself of the grind talent management can be and focus on my passion, and what my purpose I feel is. I have been working frivolously with the network I have and creating a new one here in the area. This effort is to try and use what I have learned as an agent and put those efforts into helping create environmental education, awareness, and protect what we have. I realized marketing, sales, management is all similar if you are the right type of person. I can sell anything and I can _seamlessly blend from the kid who grew up on a farm, to the politicians I play golf with. The dream is to use those powers, those acquired skills of agenting people and be the agent the people need for the environment. The bridge that is missing. Not interested in donating 1 % of profits to environmental causes, I am interested in learning what needs to be done and how we can implement positive change that generations of Carpinteria residents can benefit from.
So, Tree advisory board ... I do not know what it means and yes I love trees. I think to me it means helping be a part of something that can easily get swept under the rug of agendas. For me it can help someone here to be a sponge continue to soak in experience and expertise. I have always been able to help in whatever role I am thrust into. Would love to continue the conversation and try to be part of the helping community here as well. Thank you MICHAELS. HUTH
EXPERIENCE
FormeLife Creative
Business Affairs: Talent Relations Manager
Los Angeles, CA
May 2021- Present
• Oversea all contract negotiations, creating and implementing our current standard contracts and renewals • Reduced monthly spending by 8% within the first two months and saved the company over $100,000 to date • Cultivate relationships within the brand, and with outside brands. Navigating potential conflict areas to resolve issues • Instrumental in the implementation of talent development system. Training and offering growth for our userbase • Facilitate communications between multiple department heads while managing 30+ on camera talent • Provide leadership and guidance for the marketing team when creating and launching new marketing campaigns Sports & Lifestyle Unlimited (SLU Agency)
Head of On Camera Department
Hollywood, California
January 2015-- April 2021
• Booked 250+ On Camera projects in 2019 and over 430+talent, contributing to a 6% commercial dept increase in sales • Service a client list of 300+ talent in Los Angeles, and over 1200 nationwide in procuring and managing bookings • Increasing yearly sales and reach allowed for company to hire two new full time employees below my position • Demonstrate ability to shift in a fast-paced market to successfully launch influencer division and maintain revenue • Support other agency offices with ideas and media best practices to win new business from top industry clients such as ICON, Skechers, Tone it Up, Mirror, Hyperice, and multiple influencer-based startups Sports & Lifestyle Unlimited (SLU Agency)
On Camera Booking Agent
West Hollywood, California
January 2012-- January 2015
• Steadily grew On Camera sales by 12% yearly for the first two years, creating a full service On Camera Department • implemented a more streamlined booking process in the first 60 days of being hired that directly correlated in driving company sales volume, and enhancing workers time efficiency • Maintain a direct professional relationship with major advertising agencies, casting directors, and productions, generating 50% of weekly revenue while negotiating and fulfilling all on camera contracts • Provided leadership daily when managing multiple roles and training employees in a high turnover position llw Hour Agency
Agent Assistant/ Marketing Assistant
Marina Del Rey, California
May 2011-- January 2012
• Influential in helping orchestrate the relocation process of Playboy's Accts Payable Department Managers • Spearheaded the organization of over six years in Universal Music's Royalties Department records • Consistently received high reviews for a vigorous work ethic and ability to hit the ground running • Garnished real-time experience while assisting publicists, personal managers, and department representatives Creative Artists Agency (CAA)
Desk of Jeff Frasco
-Century City, California
April 2011-- May 2011
• Acknowledged for excellent phone demeanor and professionalism in the face-of a 40% increase in call volume • Gained hands on experience from Industry professionals while being present for all calls and meetings • Docketed a daily schedule always in flux, for a desk directly responsible for millions of dollars in company revenue • Capitalized on learning the music touring model from the booking of all American Idol performance tours Legacy Entertainment
Executive Assistant/ Events Specialist
North Hollywood, California
May, 2010 -- April 2011
• Eliminated waste and redundancies, resulting in a 60% increase in product placement for the Vice President • Managed the hosting of over 25 corporate events, with budgets ranging from $500-- $50,000 dollars • Generated 20% increase in sales and marketing leads within my first three months, covering 40 plus scripts
EDUCATION
University of Wisconsin-Milwaukee
Bachelor of the Arts-- Business Administration & Marketing-- December, 2010 Member of; Sports Business Association, American Marketing Association (AMA) City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 28, 2022
ITEM FOR COUNCIL CONSIDERATION
Authorization to issue a Notice Inviting Bids for the 2022 Pavement Maintenance Project (Project No. 15131).
STAFF RECOMMENDATION
Authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Maintenance Project (Project No. 15131).
Sample Motion: I move to authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Maintenance Project (Project No. 15131).
BACKGROUND
On March 4, 2022, the Public Facility Site Acquisition/Development Committee (Council Member Carty and Mayor Nomura) received a presentation from staff about the City's pavement management system and related methodology for determining pavement project priorities. The 2022 Pavement Maintenance Project is the next pavement project, and the following streets are proposed:
Street Name Becin Limit End Limit
Ash Avenue Seventh Street Fifth Street
Calle Arena Calle Ocho Concha Loma Drive
EiQhth Street Elm Avenue Holly Avenue
Fifth Street Holly Avenue Ash Avenue
Holly Avenue Fourth Street Third Street
Holly Avenue Third Street Sandyland Road
Holly Avenue Sandyland Road End
Limu Drive Malibu Drive Nipomo Drive
Linhere Drive Malibu Drive Nipomo Drive
Ninth Street East end Seventh Street
Oqan Road Casitas Pass Road El Portal Street
Ocan Road El Portal Street Vallecito Road
Ogan Road Vallecito Road Linden Avenue
Pacific Villaqe Drive West end Ogan Road
Authorize the Notice Inviting Bids for 2021 Pavement Maintenance Project (Project No. 15131) March 28, 2022
Reynolds Avenue Carpinteria Avenue Seventh Street
Rose Lane Mark Avenue West end
Tomei Drive Malibu Drive Nipomo Drive
Via Real between Sandyland Reef Inn (4200 Via Real) and Cravens Lane was initially proposed and presented in said meeting of the Public Facility Site Acquisition/Development Committee; however, staff reevaluated the pavement condition of this street segment, and it is now beyond maintenance treatment and requires more significant pavement rehabilitation, which is not a part of this project. This segment of Via Real will be proposed for the next pavement rehabilitation project scheduled for this coming fall and winter.
A map of the street locations is included with this staff report as Attachment A. The general scope of work consists of crack treatment, asphalt concrete pavement replacements, and the application of microsurfacing. Based on the City's pavement management system, these streets are currently rated at the lower range of the fair condition rating in which, without pavement maintenance treatment, are anticipated to further decline into the poor condition rating in the next year. With the proposed pavement treatment, the existing asphalt concrete pavement surface would be rejuvenated and see an increased pavement condition rating to, at minimum, the middle of the fair condition rating that would last for at least 5 years until pavement rehabilitation. This approach allows the costs for more expensive pavement rehabilitation work, which involves the complete rebuilding of the pavement structural section, to be spread out over a period of time that is manageable while also maintaining adequate road condition, given the available annual budget.
The purpose of this agenda matter is for the City Council to authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Maintenance Project.
DISCUSSION
The estimated construction schedule is as follows:
Open Bids
Award Contract
Construction
April 2022
May 2022
June 2022
POLICY CONSISTENCY
The recommendation is consistent with the 2022 Annual Work Plan and the many goals, objectives, and policies in the Circulation Element of the General Plan and Local Coastal Land Use Plan including establishing and maintaining a roadway system capable of providing for the safe and efficient movement of goods and people through the community.
Authorize the Notice Inviting Bids for 2021 Pavement Maintenance Project (Project No. 15131) March 28, 2022
FINANCIAL CONSIDERATIONS
There is no cost in approving the recommendation. The project anticipates a combination of revenue sources including Measure A, Measure X, and Senate Bill 1 [Road Maintenance & Repair Account (RMRA)]. Once the bids are received and analyzed by staff, a recommendation will be presented to the City Council at a future date.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with the formal bidding procedures of the Uniform Construction Cost Accounting Act (Public Contract Code Section 22030 et al.).
OPTIONS
1. Authorize the Public Works Director to advertise the Notice Inviting Bids for the 2022 Pavement Maintenance Project (Project No. 15131 ). (Staff recommendation)
2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate; however, non-action would delay the project.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A: Location Map
Staff contact:
John L. Ilasin, Public Works Director
[email protected]; (805) 880-3402
Reviewed by:
Dave Durflinger, City Manager
[email protected]; (805) 755-4400
~ig -~ ature
ATTACHMENT A
Location Map
City of Carpinteria
PUBLIC WORKS DEPARTMENT
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COUNCIL AGENDA STAFF REPORT
March 28, 2022
ITEM FOR COUNCIL CONSIDERATION
Resolution No. 6112, establishing an updated and revised flag display policy.
STAFF RECOMMENDATION
Adopt Resolution No. 6112, establishing an updated and revised flag display policy.
Sample Motion: I move to adopt Resolution No. 6112, as read by title only, establishing an updated and revised flag display policy.
BACKGROUND
The City of Carpinteria, consistent with existing law, displays the United States and California State Flags, and the City of Carpinteria Flag on flagpoles at Carpinteria City Hall and at other City-owned and City-managed facilities and locations. The City also displays the United States flag in other public places, such as Memorial Park and on segments of Linden Avenue and Carpinteria Avenue parkway sidewalks in the Downtown.
The display of flags is currently guided by Resolution Nos. 10 and 192 (attached).
The purpose of this agenda matter is to allow for the City Council to consider establishing a revised and updated flag display policy.
DISCUSSION
The revised and updated policy proposed would, in part, clarify the City's intent with regard to flag displays, including that such displays be made in the City Council's sole discretion, consistent with federal and state law. The policy would cover all flag displays at City-owned and City-managed facilities and locations. Also, in addition to guidance with regard to flying the United States, California and City of Carpinteria Flags, the policy would establish guidance concerning flags that the City wishes to display that identify with a Resolution No. 6112, Flag Display Policy
March 28, 2022
historical event, cause, nation or group of people that the City Council chooses to honor or commemorate.
POLICY CONSISTENCY
The establishment of an updated and revised flag display policy is consistent with the City's interest in complying with federal and state law, transparency and accountability, and establishing administrative procedures that can be effectively and consistently implemented.
FINANCIAL CONSIDERATIONS
The establishment of an updated and revised flag display policy does not have financial ramifications.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office has assisted in the drafting of Resolution No. 6112. An updated policy concerning flag displays can help to avoid claims associated with such displays.
PRINCIPAL PARTIES EXPECTED AT MEETING
None
ATTACHMENTS
A. Draft Resolution No.6112, Flag Display Policy.
B. Resolution Nos. 10 and 192
Staff Contact: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:Dave/CityCouncil/S-Flag Policy Resolution
ATTACHMENT A
RESOLUTION NO. 6112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA
ESTABLISHING A POLICY FOR THE DISPLAY OF FLAGS ON CITY PROPERTY WHEREAS, the City of Carpinteria ("City"), consistent with existing law, displays the United States and California State Flags, and the City of Carpinteria Flag on flagpoles at Carpinteria City Hall and at other City-owned and City-managed facilities and locations; and WHEREAS, the City of Carpinteria' s current policy for the display of national and state flags on City property is contained within Resolution No. 192; and WHEREAS, the City of Carpinteria also displays the United States Flag on City-owned or City-managed property in certain public places, such as Memorial Park and portions of Linden and Carpinteria A venues, commonly known as the "Downtown T", on certain patriotic days consistent with Resolution No. 1 O; and
WHEREAS, the City Council desires to clarify and update its policies regarding the display of national, state, City and commemorative flags on City-owned or City-managed flagpoles and at other City-owned and City-managed facilities and locations; and WHEREAS, the City Council desires to supersede its current flag policies to establish a flag policy for the display of national, state, City and commemorative flags on City-owned or City-managed flagpoles and at other City-owned and City-managed facilities and locations; and WHEREAS, it is the purpose and intent of this resolution to establish a standard policy for the display of said flags.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. Recitals Incorporated. The recitals above are true and correct and incorporated herein by this reference.
SECTION 2. Resolution. The City Council hereby adopts the Policy for the Display of Flags on City Property attached hereto as Exhibit A and incorporated herein by this reference.
SECTION 3. Repeal of Prior Policy. This Resolution hereby repeals and supersedes Resolutions Nos. 10 and 192 in addition to any other City policies relating to its subject matter.
SECTION 4. Effective Date and Term. This Resolution shall take effect immediately upon its adoption, and shall be in effect thereafter, unless repealed, amended or extended by further action of the City Council.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or word of this Resolution 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 Resolution. The City 23597824.5
Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof irrespective of the fact that one or more provisions may be declared invalid.
SECTION 6. Environmental Determination. The City Council finds that the adoption and implementation of this Resolution is exempt from the provisions of the California Environmental Quality Act ("CEQA") under CEQA Guideline section 15061(b)(3) in that the City Council finds there is no possibility that the adoption and implementation of this Resolution may have significant effects on the environment.
PASSED, APPROVED, AND ADOPTED on this 28th day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER(S):
COUNCILMEMBER(S):
COUNCILMEMBERS(S):
COUNCILMEMBERS(S):
Mayor, City of Carpinteria
ATTEST:
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted was adopted at a regular meeting of the City Council of the City of Carpinteria held on March 28, 2022.
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
23597824.5
Exhibit A to Resolution No. 6112
CITY OF CARPINTERIA
POLICY FOR THE DISPLAY OF FLAGS ON CITY PROPERTY
I.
II.
Purpose
A. The City of Carpinteria ("City") City Council desires to establish clear guidelines regarding:
1. The display of the United States Flag, the California State Flag, and the City Flag at City-owned or City-managed facilities, locations and/or flagpoles; and
2. The display of Commemorative Flags, as defined in Section 11.B.2.j of this Policy, at City-owned or City-managed facilities, locations and/or flagpoles.
3. The temporary display of the United States Flag on City-owned or Citymanaged property in certain public places on certain patriotic days.
B. In adopting this Policy, the City Council desires to reflect the dignity of the flags flown on flagpoles or displayed at City-owned or City-managed property, as well as the role of the Carpinteria City Hall and other public spaces as inclusive gathering locations and local symbols of democratic governance.
C. In adopting this Policy, the City Council declares that flag displays and flagpoles owned or managed by the City of Carpinteria are not intended to serve as a forum for free expression by the public, but rather as a non-public forum for the display of the United States, State of California and City of Carpinteria flags, and any Commemorative Flag authorized by the City Council as government speech to express the City Council's official sentiments.
Policy
A. Conformance with Federal and State Regulations. Flags shall be displayed in accordance with Federal and State statutes and regulations, including, but not limited to, United States Code, Title 4, Chapter 1 and California Government Code section 430 et seq., and this Policy.
1. Per California Government Code section 431 ( a), the Flag of the United States and the Flag of the State of California shall be prominently displayed upon or in front of public buildings of the City.
2. Per California Government Code section 434.7, any Flag of the United States or Flag of the State of California that the City purchases must be made in the United States.
23597824.5
3. The United States Flag shall only be flown at half-staff in accordance with the guidelines and standards set forth by the United States government.
The State of California Flag shall be flown at half-staff if the United States Flag is flown at half-staff or on order of the Governor.
B. Carpinteria City Flag Displays.
1. Carpinteria City Flagpoles.
a. The Carpinteria City flagpoles shall fly the following flags: Flag of the United States, Flag of the State of California, Flag of the City of Carpinteria, and any approved Commemorative Flag.
b. The City of Carpinteria Flag shall fly at half-staff if either the United States Flag or California Flag is at half-staff. The Mayor may order the City of Carpinteria Flag to fly at half-staff at the death of a current or former City Council Member or current City staff member or a historically significant member of the community.
2. Commemorative Flags.
a. The City's flag displays are not intended to serve as a forum for free expression by the public. The City shall display
Commemorative Flags at Carpinteria City Hall and other City Council designated locations only if authorized by the City Council as government speech to express the City Council's official sentiments. Any such authorization shall be given at a duly noticed meeting of the City Council.
b. The City Council may consider a request to display a Commemorative Flag when it is made by a City Council member and another City Council member agrees to place the discussion to authorize the display of the Commemorative Flag on the agenda for a subsequent regular or special City Council meeting. c. At a noticed City Council meeting, a majority of Council Members must agree to display the Commemorative Flag during
consideration of the matter on the agenda.
d. The City shall not solicit or accept requests to fly a Commemorative Flag by members of the public nor shall the City Council entertain such a request that it receives during a public meeting.
e. Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be 23597824.5
commemorated, but generally no longer than thirty-one (31) consecutive days.
f. Commemorative Flags shall be displayed on the City Hall flagpoles and any other City-owned or City-managed facilities, locations, and/or flagpole(s), as directed by the City Council. g. Commemorative Flags displayed on City flagpoles shall be displayed in the last position of honor beneath the City of Carpinteria Flag, unless otherwise directed by the City Council and to the extent such display does not conflict with federal law, state law, or this Policy.
h. Commemorative Flags shall be either purchased by the City or temporarily donated for the City's use and must be clean, without holes and tears, and be made of an all-weather fabric.
Commemorative Flags must be the same size or smaller than the United States Flag and California Flag that are flown. The City shall not be responsible for the condition of the Commemorative Flag once flown.
1. If any other flag is flown at half-staff, the Commemorative Flag also shall be flown at half-staff.
J. A "Commemorative Flag" as defined in this Policy shall mean a flag that identifies with a specific historical event, cause, nation or group of people that the City Council chooses to honor or commemorate consistent with the City's mission to promote themes of diversity, equality, and inclusion. The following are not allowed as Commemorative Flags and shall not be considered by the City Council:
(i) Flags of a particular religious movement or creed to avoid the appearance of City government endorsing religion or a particular religious movement or creed;
(ii) Flags of a political party to avoid the appearance of City government endorsing a political party; and
(iii) Flags advocating a certain outcome in an election. (iv) Flags that conflict with the City's policy to promote Racial Justice and Social Equity as stated in Resolution No. 5981, and/or any program intended to implement Resolution No. 5981.
23597824.5
C. Display of the United States Flag on City Property on Certain Patriotic Days. The City may erect temporary flag displays for the United States Flag on City property in certain public places on certain patriotic days.
1. The City may erect temporary flag displays on City-owned or Citymanaged public property, including without limitation, Memorial Park and portions of Linden and Carpinteria A venues, commonly known as the "Downtown T", where the City has installed specific holders for temporary flag displays.
2. For the purpose of this Policy, patriotic days shall include, but not be limited to:
a. Martin Luther King Jr. Day, Third Monday of January
b. President's Day, Third Monday of February
c. Memorial Day, Last Monday of May
d. Flag Day, June 14
e. Independence Day, July 4
f. Labor Day, First Monday of September
g. Patriot Day, September 11
h. Veterans Day, November 11
1. Special occasions of Federal, State, and local proclamation
3. Temporary flag displays installed on patriotic days shall be removed within one (1) business day of the patriotic day.
4. Temporary flag displays shall be installed consistent with federal law, state law, and this Policy.
III. Procedures
A. No other flag shall be placed be above the United States Flag and no other flag shall be larger than the United States Flag. Other flags may be flown at the same height and in the same size, in accordance with this Policy. Where both the United States Flag and the California State Flags are flown, they shall be of the same size.
B. Flags should be hoisted briskly and lowered ceremoniously. The United States Flag should be hoisted first and lowered last.
C. Flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness.
23597824.5
D. Flags may not be displayed during inclement weather, unless all-weather flags are used and are illuminated during darkness.
E. When flags are displayed on a single pole, the order from top to bottom shall be the United States Flag, the California State Flag, the City of Carpinteria Flag, and, if displayed, a Commemorative Flag, unless otherwise directed by the City Council and to the extent such display does not conflict with federal law, state law, or this Policy.
F. When the flags are flown from adjacent flagpoles, the United States Flag shall be flown at the highest point of honor, which is the furthest point to the left from the standpoint of the observer.
G. When a flag is displayed at half-staff, it shall first be hoisted to the peak for a moment and then lowered to half-staff position. Before being lowered at the end of the day or when taken down, the flags shall again be hoisted to the peak for a moment and then fully lowered.
23597824.5
ATTACHMENT B
RESOLUTION NO. 10
A RESOLUTION AUTHORIZING THE USE OF CITY PARKWAYS FOR THE
PURPOSE OF DISPLAYING THE AMERICAN FLAGS ON PATRIOTIC DAYS WHEREAS, it is customary for cities to have displayed upon the public parkways the American flag on certain patriotic days, and
WHEREAS, it is the desire of the City Council of the City of Carpinteria to encourage acts of patriotism and love of country, and
WHEREAS, the Francis Frederick Hebel Post of the Veterans of Foreign Wars, Post Number 5656, has regularly performed this patriotic duty prior to the incorporation of the City of Carpinteria, and
WHEREAS, the holders for flags have already been installed in the parkways and ready for continued use, and
WHEREAS, the flags are in the possession of the Veterans of Foreign Wars and available for continued use, and
WHEREAS, the Veterans of Foreign Wars has expressed a desire to continue performing the patriotic duty,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carpinteria commend the VFW for its past service and authorize the use of city parkways for the continued use of displaying the American flag in the existing standards on the following patriotic days: November 11, June 14, July 4, Labor Day, May 30, Loyalty Day, February 22 and February 12.
BE IT FURTHER RESOLVED, that the Francis Frederick Hebel Veterans of Foreign Wars Post be authorized to continue this service at no cost or liability to the City.
PASSED, APPROVED AND ADOPTED this 8th day of November, 1965.
ATTEST:
.·k.~·
Clerk of the City~arpinteria
... ;
STATE OF CALIFORNIA ) ) ss.
COUNTY OF SANTA BARBARA)
I, H.K. HUNTER, Clerk of the City of Carpinteria in
the County of Santa Barbara, State of California, do hereby certify that at a meeting of the City Council held November 8, 1965, the foregoing RESOLUTION was adopted by vote of the City Council as follows:
Ayes:
Noes:
Absent:
Allan R. Coates, Jr.
James E. Gray
Margaret M. Mills
Ernest c. Wullbrandt
Robert (Olly) Olivas
None
None
RESOLUTION NO. 192
A RESOLUTION OF THE CARPINTERIA CITY COUNCIL
ESTABLISHING CITY POLICY FOR THE DISPLAY OF
NATIONAL AND STATE FLAGS ON CITY PROPERTY
WHEREAS, there has been some confuston regarding the
display of National and State Flags in the City of Carpinteria, and WHEREAS, it is the intent of this resolution to
establish a standard policy for the display of said flags, NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the following shall constitute the official City policy for the display of National and State flags on City property and shall provide guidance for other persons or public agencies desiring to follow such policy.
1. The standard references for the display of National and State flags shall be the United States House of Representatives .Document Number 104, 1st Session, 88th Congress and Sections 430 through 440, Chapter 3, Division 2, Title 1 of the California Government Code, and shall remain on file in the Clerk's office.
2. The flags shall be displayed from a suitable flag pole in front of City buildings and on City parks between the hours of sunrise and sunset when such places are open for business. In case of inclement weather the flags shall be lowered.
3, The flags shall be displayed on all Government Code holidays.
4. Nothing in this resolution shall be deemed to revoke the permission granted to the Veterans of Foreign Wars to display flags on public streets as provided in Resolution No.~.
5, Flags shall be flown at half-mast during periods of
national, state or local mourning as proclaimed by the President of the United States, the Governor of California, the Santa Barbara County Board of Supervisors, or the Mayor of the City of Carpinteria.
6. Periods of' local mourning shall be determined by the Mayor and shall normally be limited to the day on which the funeral is held. The Mayor shall respect the advice of Council Members and other citizens regarding the propriety of proclaiming a day or period of mourning.
RESOLVED FURTHER, that oopies of this reso·lution shall be forwarded to all local public agencies, civic, patriotic and religious organizations in the City of Carpinteria.
PASSED, APPROVED AND ADOPTED THIS 13th day of January 1969.
Mayor, City of Carpinteri
ATTEST:
Clerk, y of Carpinteria
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA BARBARA)
I, Jack B. Arnold, City Clerk of the City of
Carpinteria, California do hereby certify that the
foregoing Resolution No, 192 was duly and regularly introduced and adopted by the City Council at a meeting held January 13, 1969 by the following vote:
Ayes: Allan R. Coates, Jr.
Paul Barger
Robert "Olly" Olivas
Clifden Purcell
Ernest C, Wullbrandt
Noes: None
Absent: None
City Clerk f the City of Carpinteria
(SEAL)
City of Carpinteria
Gour,rcrr- Aceruon Srerr RepoRr
March 28,2022
ITEM FOR COUNCIL CONSIDERATION
(1) Review of two draft City Council District Maps (A2 and 43) and selection of a final District Map; and,
(2) Adoption of Ordinance No. 752, (first reading) approving the final City Council District Map and scheduling for second reading on April 11,2022.
STAFF RECOMMENDATION
Select one of the two draft District Maps to be used for District Elections beginning in November 2022. Adopt Ordinance No. 752, (first reading) approving the final City Council District Map and schedule for second reading on April 11,2022 Sample Motion: I move to approve District Map _ as the final District Map for the City Council District Elections and Ordinance No. 752, on first reading (as read by title only) and schedule the second reading for the City Council meeting of April 11,2022.
BACKGROUND
This is the fifth of five noticed public meetings required as a part of the City's process for drawing City Council District Maps, which will culminate with the scheduled adoption of the Council District Map by the City Council. At the last noticed hearing, the Council reviewed four draft maps (A, A2, B, C), and voted to elevate Map A2. At the March 14th City Council meeting, at the request of Vice Mayor Clark and Councilmember Alarcon, the Council reviewed and authorized map 43 to also be included for consideration as the final map along with map A21.
The purpose of this meeting is to discuss draft Maps 42 and A3 produced by the City's consultant and based on City Council deliberation, to date, public input concerning communities of interest, draft maps submitted by the public, and parameters for map drawing included in the California Voters Rights Act. Pursuant the City's schedule for drawing and adopting a District Map in time for use in the November 2022 municipal 1 Data on District Maps A, A2, A3, B and C are a part of the complete District Map Plans that can be found with the maps on the City's District Election website at https://carpinteriaprojects.com/districtelections/, and are referenced in more detail later in this report. 23939233.1
election, the City Council has the opportunity to take action to approve and adopt a final District Map at this meeting.
More information about the Carpinteria City Council Districting process can be accessed through the City w-ebsltlhome page here: www.carpinteriaca.qov or by contacting the City at (805) 684-5405. This information includes (1) att rnaps created -by
members of
the public and/or consultant, (2) all public comments received regarding the district mapping process, and (3) all prior staff reports, minutes, and presentations from prior district election public hearings, meetings and workshops.
District Elections Mapping Hearing
March 28,2022
Mapping Process
ln April 2019, the City Council approved by resolution the formation of a District Elections Ad hoc Committee (Committee), on which Councilmembers Alarcon and Clark were assigned. The City subsequently entered into a consultant services agreement in October of 2019 with Redistricting Partners to assist the City with the procels of drawing district boundaries. A primary purpose of the Committee's work included working with the consultant to develop a schedule and a public engagement plan consistent with the California Voting Rights Act (CVRA). The Committee concluded its work on October 20,2021.
19 {"t9, the City Council has held meetings on this matter on July 91,2017; August 14, 2017; April 8, 2019; June 28, 2021; Jury 26, 2021; November g,io21; December 13, 2021; January 24, 2022; and Febru ary 28, 2022.2 The City Council also considered an agenda item related to District Elections on March 14,2022, during which it elevated an additional map for consideration of final adoption. In addition to these meetings, the City held District Mapping public workshops on September 20, 22, and 26, 2021, where approximately 20 residents participated. The workshops were conducted to allow for both in person and remote testimony via the Zoom virtual meeting platform and 20 members of the public attended in total.
The City made two processes available to the public to provide potential District Maps, including digitally drawing a map via a portal on the City's District Mapping website and creating and submitting to the City a hardcopy map.3
The City's schedule for drawing and adopting district maps for the November 2022 municipal election currently includes City Council consideration of final plan adoption at this meeting of March 28,2022.ln order to comply with statutory deadlines, the iinal adopted map must be submitted to the Santa Barbara County Fiegistrar's Office no later than April 22,2022. Complying with this schedule is necessary in order for the City to remain in compliance with Resolution No. 5743, declaring its intention to transition from at-large to district-based elections by November of 2022, and to fulfill the Conditional 2 Public Hearings required by law included: November 8,2021, December 13,2021; January 24,2022; February 28,2022 and March 2A,2022.
3 All submitted hardcopy maps returned by Febru ary 28th have been uploaded on the City's website for ease of detailed viewing by the public.
rcn ZA ZOZZ.Oocx
23939233.1
District Elections Mapping Hearing
March 28,2022
Settlement Agreement and Release of August 14th of 2017, which the City entered in to in response to the July 3, 2017 Notice of Violation of California Voting Rights Act. Based on the above time constraints, staff believes that the latest the Council could consider and act on a final map is March 28, with second reading at its regular meeting of April 11,2022. By adopting the proposed Ordinance No. 752, on first reading tonight and second reading on April 11, this schedule will be met.
DtscusstoN
The City Council began the process of reviewing draft District Maps at its regular meeting of January 24,2022. The City's consultant drafted a total of five-district plans for City Council and public review. All draft plans presented to the City Council were based off of the maps submitted by community members, whose robust engagement resulted in 161 community of interest and district boundary maps submitted to date.a The consultant has also confirmed that all draft plans presented to the City Council comply with the criteria required by the Fair Maps Act, including that districts are of relatively equal size, contiguous, maintain "communities of interest", follow city and census designated place boundaries and keep districts compact. Map A2 and Map A3 incorporate feedback provided by members of the City Council at the January 24,2022 Council meeting and at the February 28,2022 Council meeting, respectively.
At its January 24 meeting, the City Council reviewed Maps A, B and C. The Council unanimously voted to elevate Map A for further consideration and asked that the boundary of one of the Map A districts (District D) be adjusted to not fall below the freeway. That change was made by the consultant and became Map A2. Map 42 was presented along with Maps A, B and C, at the Council meeting of February 28. At the February 28 meeting, Councilmembers Alarcon and Vice Mayor Clark commented about further changes they wished to see to Map 42, aimed at reducing the 9.6%5 population disparity between the largest and smallest Districts, and adjusting the common boundaries between Districts A and B, and B and D. Ultimately, only Map A2 was approved for consideration as the final Map. Subsequently, at its March 14 meeting, the Council elected to reconsider this decision. ln response to the Council deliberation on February 28, revisions to Map A2 were made and presented and considered as Map A3 on March 14. The Council then determined to elevate Map A3 along with Map A2for consideration as the final Map on March 28.
All maps and plans have been published on the City website. An ad was placed in the Coastal View News for two weeks (publication dates of March 17,2022 and March 24, 2022) to announce that the maps and plans were available to the public online. Posters of Maps A2 and 43 were also created and have been displayed at City Hall. Staff has also made large printed versions of both draft Maps available for members of the public a Our consultants have worked with 25 cities including the 10 largest in California, and we received the most map submissions by the public. For comparison, the City of Los Angeles, a city of 3,970,219 received 157 map submission.
s Under the CVRA, the difference between smallest and largest districts by population cannot exceed 10o/o.
G:\Olivia\District Elections\SR District Elections Mappinq March 28 2022.docx 23939233.1
District Elections Mapping Hearing
March 28,2022
After a final district Map has been selected, a discussion about election sequencing will also be required and is presented as a separate agenda matter.
Gomparing Maps A2 and A3
As discussed above, the City Council directed that Maps A2 and A3 (attached) be considered for final Map approval. Both of these Maps are derivatives of Map A that was first presented and considered on January 24,2022. Map A was one of three Maps prepared by the City's District Elections consultant based on Community of lnterest and draft maps submitted by members of the public. As such, Maps 42 and A3 are similar.
Both maps have in common a general District organization where the freeway defines the boundary between three Districts on the north side of the freeway and two Districts on the South. The boundaries of the five Districts are also similar. Both Maps have also been prepared and analyzed by the City's consultant to ensure compliance with the Voting Rights Acts.
The following is a review of the criteria used by the City's consultant in the creation of the draft Maps with discussion of each in the context of Maps A2 and A3. This comparison is provided to assist the Council in deliberating on a choice between the two Maps; however, once again, the City's consultant has determined that both Maps A2 and A3 can be found to meet these criteria.
1. Districts are of relatively equal size. The threshold used to meet this criterion is that the population difference between the largest and smallest districts not exceed 10o/o. For Map A2, the deviation is 9.2o/o and for Map A3 the deviation is
8.2%. Again, both Maps meet the criteria.
2. Districts must be Contiguous. All Districts on both Maps are contiguous and meet this criterion.
3. Maintain Communities of lnterest. This determination is subjective. ldentification of Communities of lnterest can be derived from the Maps submitted by the public.
The city's consultant has determined that either map may be found to appropriately represent Communities of lnterest reflected in both the Community of lnterest and draft maps submitted by the public.
4. Follow City and US Census designated place boundaries. All Districts that are part of Maps 42 and A3 respect these boundaries.
5. Keep Districts Compact. Arguably, Map A3 may be more compact than Map A2 if evaluating geometric shape. ln particular, Districts A, B and D may be found to be more compact in Map A3.
POLICY CONSISTENCY
This hearing is a part of the City Council district mapping process being followed in compliance with Federal and State Voting Rights Act during this transition to districtbased council elections.
I:,\.9!iyia\District ZOZZ.Oocx
23939233.1
District Elections Mapping Hearing
March 28,2022
FINANCIAL CONSIDERATIONS
Cost associated with this work includes a consultant service agreement, which is a part of projected expenses included in the adopted Fiscal Year 2021-22 budget.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office is supporting the District Mapping process and will be available to answer questions concerning this matter.
ATTACHMENTS
Attachment A: Carpinteria Draft Plan A2 and A3 Prepared by Redistricting Partners including Draft Plan ,2020 Census Data, and Citizen Voting Age Population (CVAP) Attachment B: Ordinance 7 52
Attachment C: CoastalView News Ads and Public Hearing Notice, published on March 17,2022 and March 24,2022
Staff contact: Olivia Uribe Mutal, Program Manager
(805) 755-4450, OliviaU@ci. carpinteria. ca. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. us
G.\Olivia\District Elections\SR District Elections Mappinq March 28 2022.docx 23939233.1
ATTACHMENT A
C& RE[)ISTRICTING city or carpinteria
OO PARTNERS
oJ
ts
'aZ
:5o
:)
f
?
il
i$
;' J
O@ REIlISTRICTING OO PARTNERS City of Carpinteria
2O2O Census
Population
DeviationDeviation 7o
Other
Other %
Latino
Latino %
Asian
Asian 0,6
BlackBlack %
Total CVAP
Other CVAP
Other CVAP %
Latino CVAPLatino CVAP 7o
Asian CVAP
Asian CVAP %
Black CVAP
Black CVAP %
Citizen Voting Age Population (CVAP)
I
2,572
-47
-3J%
1,104
42.9%o
1,427
55.5%
26 1.Oo/o
]E
o.6%
I
1,476
976
66.1%o
496
33.60/o
4 o.3%
o
O.Oo/o
2 7,679
20 o.8%
t,t9t
44.5o/o
1,404
s2.4%
65 2.4o/o
l9
O.7016
2 1,792
t,t0r
6'l'.4%
671
37.4o/o
14 o.804
6 O.3o/o
3 2,643
-16
-o.6%
1,463
5S.4Vo
I,lll
42.Oo/o
59 2.2%
to
o.4%
3 r,8681,402
75.1/o
379
203%o
87 4.7%o
o
o.o%
4 2,426
167
6.30/o
1,241
43.9%
1,4AO
s2.4%
89 3.104
t6
o.6%
4 r,701
1,O37
6'l.OVo
551
32.4o/o
85 5.O%
2A
"1.60/0
5 2573
-86
-3.2%
1,435
55.8%
1,o63
41.3%o
60 2.3%
t5
O.6/o
5 1,96
\444
76.3/o
40 22.6Yo
I
o.4%
14 O.7o/o
I
I
C& REDISTRICTING City of Carpinteria
OO PARTN RS
District I
2,572 -47
2O2O Census . , ,For- _ 42o/o
Other %
660/o
Other %
- 55o/o -*
Latino %
33o/o
Latino %
Asian %
Oo/o
Asian %
Oo/o
Black %
Oo/o
Black %
(+, - " .!)t:l la)\,'.'N ,Dr, '.
' tl ! cFrrDB kro, . .,.
C.Jrplnterr., iVi,
-3.30/o 1,104 42.90/o 1,427 55.5%
.,i^,
".ri
Carpinteria
26 Citizen Voting Age Population
ic.E
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black %
1.Oa/o t5 O.60/o
Total CVAP Other CVAP Other CVAP %o Latino CVAP Latino CYAP o/o Asian CVAP Asian CVAP a/o Black CVAP Black CVAP % 1,476 976 66.1o/o 496 33.60/o 4 O.3o/o U O.Oo/o
6@ REDISTRICTING OO PARTNERS City of Carpinteria
District 2
2,679 20
2O2O Census
52o/o
444/o
Other % Latino %
610/o
Other % Latino %
Citizen Voting Age Population
2o/o - Asian %
Oo/o
Asian %
o%
Black %
Oo/o
Black %
t
.L, !
Population Deviation Deviatlon % Other Other % Latino Latino % Asian Asian % Black Black % O.8o/o I,l9l 44.5o/o 1,404 52.4o/o 65 2.40/o l9 O.7o/o
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP o/o Black CVAP Black CYAP o/o 6 :.-: j
1,792 I,t0t 61.4o/o 6V 37.4o/o 14 O.8o/o O-3o/o
o&00 REDISTRICTING PARTNERS City of Carpinteria
District 3
2,643 l6
Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % -O.60/o 1,463 55.4% ],il] 42.Oo/o 59 2.2o/o to O.4o/o
Total CVAP Other CVAP Other CVAP %o Latino CVAP Latino CVAP % Asian CVAP Asian CVAP o/o Black CVAP Black CVAP % 2O2O Census
1r2o/o
Other % Latino % Asian %
' 754/o '
20%
Other % Latino %
4o/o - Asian %
2o/o Oo/o
Black %
Oo/o
Black %
1,868 1,402 75.1o/o 379 20.34/o 6/ 4.7o/o 0 O.Oo/a
6& REDISTRICTING
OO PARTNERS
City of Carpinteria
District 4 2O2O Census
52%
43%
Other % Latino %
61%
32o/o
Other % Latino %
3o/o - Asian % o% Black %
-
10/o
Asian % Black %
Itena
2,426
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % .;.\
Citizen Voting Age Population
5o/o
167 6.3o/o 1,241 43.9o/o 1,480 52.4o/o 89 3.1o/o t6 O.60/o Total CVAP Other CVAP Other CVAP %o Latino CVAP Latlno CVAP % Asian CVAP Asian CVAP a/o Black CVAP Black CVAP % 1,701 1,037 6l.Oo/o 55r 32.4% a5 5.Oo/o 2A 1.60/o
c&
oo
RED ISTR ICTIN G
PARTNERS
City of Carpinteria
District 5
oo eeo,
!
Crs,ta
2O2O Census
41o/"
Other % Latino %
22o/o
Other % Latino %
Oo/o
Black %
o%
Black %
4d
ia
a
c"
+6
c.)
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Blacko/o 2,573 -86 60 2.3o/o 't5 O.60/o
Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % Citizen Voting Age Population
2o/o
Asian %
ol./e.
Asian %
76%
-3.2%o 1,435 55.8o/o I,063 41.3%
1,946 1,484 76.3o/o 40 22.60/o 8 O.4o/o 14 o.7%
DESCRIPTION OF DISTRICTS
District A.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of the Toro Canyon/Carpinteria census designated place/city line and the Carpinteria city line, and proceeding northerly along the Toro Canyon/Carpinteria census designated placeicity line to the Carpinteria city line, and proceeding southerly along the Carpinteria city line to Santa Ynez Ave, and proceeding southerly along Santa Ynez Ave to el Carro Ln, and proceeding easterly along el Carro Ln to Azalea Dr, and proceeding southerly along Azalea Dr to Aragon Dr, and proceeding westerly along Aragon Dr to Chaney Ave, and proceeding southerly along Chaney Ave to Eleanor Dr, and proceeding easterly along Eleanor Dr to Sterling Ave, and proceeding northerly along Sterling Ave to Malibu Dr, and proceeding easterly along Malibu Dr to Franklin Crk, and proceeding southerly along Franklin Crk to el Camino Real, and proceeding westerly along el Camino Real to nonvisible boundary, and proceeding southerly along nonvisible boundary to the Carpinteria city line, and proceeding westerly along the Carpinteria city line to the point of beginning.
District B.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of Santa Ynez Ave and el Carro Ln, and proceeding northerly along Santa Ynez Ave to the Carpinteria city line, and proceeding easterly along the Carpinteria city line to nonvisible boundary, and proceeding westerly along nonvisible boundary to Star Pine Rd, and proceeding westerly along Star Pine Rd to Vallecito Rd, and proceeding northerly along Vallecito Rd to Ogan Rd, and proceeding westerly along Ogan Rd to Pacific Village Dr, and proceeding northerly along Pacific Village Dr to Linden Ave, and proceeding southerly along Linden Ave to el Camino Real, and proceeding westerly along el Camino Realto Franklin Crk, and proceeding northerly along Franklin Crk to Malibu Dr, and proceeding westerly along Malibu Dr to Sterling Ave, and proceeding southerly along Sterling Ave to Eleanor Dr, and proceeding westerly along Eleanor Dr to Chaney Ave, and proceeding northerly along Chaney Ave to Aragon Dr, and proceeding easterly along Aragon Drto Azalea Dr, and proceeding northerly along Azalea Drto elCarro Ln, and proceeding westerly along el Carro Ln to the point of beginning.
District C.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of nonvisible boundary and the Carpinteria city line, and proceeding northerly along nonvisible boundary to el Camino Real, and proceeding easterly along el Camino Real to Franklin Crk, and proceeding southerly along Franklin Crk to 9th St, and proceeding easterly along 9th St to Elm Ave, and proceeding westerly along Elm Ave to sth St, and proceeding southerly along Sth St to Linden Ave, and proceeding westerly along Linden Ave to Union Pacific RR, and proceeding southerly along Union Pacific RR to nonvisible boundary, and proceeding southerly along nonvisible boundary to Pacific, and proceeding easterly along Pacific to nonvisible boundary, and proceeding southerly along nonvisible boundary to the Carpinteria city line, and proceeding northerly along the Carpinteria city line to the point of beginning.
District D.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of Linden Ave and el Camino Real, and proceeding northerly along Linden Ave to Pacific Village Dr, and proceeding easterly along Pacific Village Dr to Ogan Rd, and proceeding easterly along Ogan Rd to Vallecito Rd, and proceeding southerly along Vallecito Rd to Star Pine Rd, and proceeding easterly along Star Pine Rd to nonvisible boundary, and proceeding easterly along nonvisible boundary to the Carpinteria city line, and proceeding southerly along the Carpinteria city line to el Camino Real, and proceeding northerly along el Camino Real to the point of beginning.
District E.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of Elm Ave and Sth St, and proceeding northerly along Elm Ave to gth St, and proceeding northerly along 9th St to Franklin Crk, and proceeding easterly along Franklin Crk to el Camino Real, and proceeding easterly along el Camino Real to the Carpinteria city line, and proceeding southerly along the Carpinteria city line to nonvisible boundary, and proceeding westerly along nonvisible boundary to Pacific, and proceeding westerly along Pacific to nonvisible boundary, and proceeding northerly along nonvisible boundary to Union Pacific RR, and proceeding westerly along Union Pacific RR to Linden Ave, and proceeding easterly along Linden Ave to sth St, and proceeding northerly along 5th St to the point of beginning.
6& REI}ISTRICTING
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2O2O Census
Population
DeviationDeviation 7o
OtherOther %
Latino
Latino %
Asian
Asian %
BlackBlack %
Total CVAP
Other CVAP
Other CVAP o/o
Latino CVAPLatino CVAP 7o
Asian CVAP
Asian CVAP %
Black CVAPBlack CVAP %
Citizen Voting Age Population (CVAP)
A
2,74O
121
4.60/0
t,2to
43.5o/o
1,477
53."t%
73 2.6/o
20 O.7o/o
A
1,841
1,126
61.2%o
69.i
37.5%
t8
1.O%
6 O.3Vo
B
2,789
r30
49%
1,5]1
57.8o/o
I,to6
39.7%
63 23%
9 o3%
B
2,O25
1,530
'75.60/o
383
18.9%o
112
5.5%
o
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C
2,572
-a7
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I,t04
429Vo
1,/27
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26 l.OoA
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C
1,476
976
66.1Yo
496
33.6D/o
4 O.3Vo
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D
2,579
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-3.Oo/o
1,O74
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1,412
s4.7%
77 3.O%
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D
1,495
ea4
59.1%
527
35.3%
56 3.7%
2a
1.904
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-3.2To
1,435
55.8%
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41.3Yo
60 23%
t5
o.6%
E
1,946
\4a4
76.3Vo
440
22.6%
I
o.404
14 o.7%
A@ REIlISTRICTING OO PARTNERS City of Carpinteria
District A 2O2O Census
53o/o
43o/o
Other % Latino %
61%
Other % Latino %
Citizen Voting Age Population
2o/o - Asian %
1o/o
Asian %
Aa/o
Black %
Oo/o
Black %
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1\rPopulation Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,740 121 4,60/o t,2to 43.5o/o 1,477 53.1o/o 73 2.64/o O.7o/o Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP Vo ?,
1,841 1,126 61.2o/o 69r 37.5o/" t8 1.Oo/o 6 O.3o/o
6& REDISTRICTING
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City of Carpinteria
District B
2,749 130
2O2O Census
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5o/o - Asian %
Oo/o
Black %
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Black %
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754/o
Other % Latino %
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % t,6I 57.4% 63 9 O.3o/o
Total CVAP Other CVAP Other CVAP 7o Latino CVAP Latino CVAP % Asian CVAP Asian CVAP Vo Black CVAP Black CYAP o/o 2,O25 r,530 75.6% 383 18.9o/o 112 5.5o/o o O.Oo/o
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District C 2O2O Census
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Other %
660/o
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Latino %
33o/o
Latino %
1/o
Asian %
Oo/o
Asian %
Oo/o
Black %
Oo/"
Black %
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Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,572 -a7 55.5% 1.Oo/o t5
Total CVAP Other CVAP Other CVAP 7o Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 1,476 976 66.1% 496 33.60/o 4 O.3o/o o O.OYo
District D 2O2O Census
54o/o
41o/a
Other % Latino %
Other % Latino %
Citizen Voting Age Population
3a/o - Asian %
3o/o - Asian %
Oa/o
Black %
fo/o
Black %
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Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Blacko/o ) <ao -80 -3.Oo/o 1,O74 41.60/o 1,412 54.74/o 77 3.Oo/o t6 O.60/o Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP Vo Black CVAP Black CVAP o/o ' , i:rt1
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1,495 aa4 59.14/o 527 35.3o/o 56 3.7o/o 2a 1.9o/o
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Oistrict E
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Asian %
Black %
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Black % . -O7-o-.. - Citizen Voting Age Population
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 2,573 -86 60 2.3%6 t5 o.6%
Total CVAP OtherCVAP OtherCVAP%o LatinoCVAP LatinoCVAP% AsianCVAP AsianCVAP% BlackCVAP BlackCVAP% -3.2/o 1,435 55.4% I,063 41.3o/o
2O2O Census
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1,946 \444 76.3o/o 440 22.6Vo I O.4o/o 14 O.7o/o
DESCRIPTION OF DISTRICTS
District A.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of the Toro Canyon/Carpinteria census designated place/city line and the Carpinteria city line, and proceeding northerly along the Toro Canyon/Carpinteria census designated place/city line to the Carpinteria city line, and proceeding southerly along the Carpinteria city line to Santa Ynez Ave, and proceeding southerly along Santa Ynez Ave to el Carro Ln, and proceeding easterly along el Carro Ln to Azalea Dr, and proceeding southerly along Azalea Dr to Aragon Dr, and proceeding westerly along Aragon Dr to Chaney Ave, and proceeding southerly along Chaney Ave to Eleanor Dr, and proceeding easterly along Eleanor Dr to Sterling Ave, and proceeding northerly along Sterling Ave to Malibu Dr, and proceeding easterly along Malibu Dr to Franklin Crk, and proceeding southerly along Franklin Crk to el Camino Real, and proceeding westerly along el Camino Real to nonvisible boundary, and proceeding southerly along nonvisible boundary to the Carpinteria city line, and proceeding westerly along the Carpinteria city line to the point of beginning.
District B.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of Santa Ynez Ave and el Carro Ln, and proceeding northerly along Santa Ynez Ave to the Carpinteria city line, and proceeding easterly along the Carpinteria city line to nonvisible boundary, and proceeding westerly along nonvisible boundary to Star Pine Rd, and proceeding westerly along Star Pine Rd to Vallecito Rd, and proceeding northerly along Vallecito Rd to Ogan Rd, and proceeding westerly along Ogan Rd to Pacific Village Dr, and proceeding northerly along Pacific Village Dr to Linden Ave, and proceeding southerly along Linden Ave to el Camino Real, and proceeding westerly along el Camino Real to Franklin Crk, and proceeding northerly along Franklin Crk to Malibu Dr, and proceeding westerly along Malibu Dr to Sterling Ave, and proceeding southerly along Sterling Ave to Eleanor Dr, and proceeding westerly along Eleanor Dr to Chaney Ave, and proceeding northerly along Chaney Ave to Aragon Dr, and proceeding easterly along Aragon Dr to Azalea Dr, and proceeding northerly along Azalea Dr to el Carro Ln, and proceeding westerly along el Carro Ln to the point of beginning.
District C.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of nonvisible boundary and the Carpinteria city line, and proceeding northerly along nonvisible boundary to el Camino Real, and proceeding easterly along el Camino Real to Franklin Crk, and proceeding southerly along Franklin Crk to 9th St, and proceeding easterly along 9th St to Elm Ave, and proceeding westerly along Elm Ave to sth St, and proceeding southerly along 5th St to Linden Ave, and proceeding westerly along Linden Ave to Union Pacific RR, and proceeding southerly along Union Pacific RR to nonvisible boundary, and proceeding southerly along nonvisible boundary to Pacific, and proceeding easterly along Pacific to nonvisible boundary, and proceeding southerly along nonvisible boundary to the Carpinteria city line, and proceeding northerly along the Carpinteria city line to the point of beginning.
District D.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of Linden Ave and el Camino Real, and proceeding northerly along Linden Ave to Pacific Village Dr, and proceeding easterly along Pacific Village Dr to Ogan Rd, and proceeding easterly along Ogan Rd to Vallecito Rd, and proceeding southerly along Vallecito Rd to Star Pine Rd, and proceeding easterly along Star Pine Rd to nonvisible boundary, and proceeding easterly along nonvisible boundary to the Carpinteria city line, and proceeding southerly along the Carpinteria city line to el Camino Real, and proceeding northerly along el Camino Real to the point of beginning.
District E.
All of that portion of Santa Barbara County bounded and described as follows: Beginning at the point of intersection of Elm Ave and Sth St, and proceeding northerly along Elm Ave to gth St, and proceeding northerly along 9th St to Franklin Crk, and proceeding easterly along Franklin Crk to el Camino Real, and proceeding easterly along el Camino Real to the Carpinteria city line, and proceeding southerly along the Carpinteria city line to nonvisible boundary, and proceeding westerly along nonvisible boundary to Pacific, and proceeding westerly along Pacific to nonvisible boundary, and proceeding northerly along nonvisible boundary to Union Pacific RR, and proceeding westerly along Union Pacific RR to Linden Ave, and proceeding easterly along Linden Ave to sth St, and proceeding northerly along 5th St to the point of beginning.
ATTACHMENT B
ORDINANCE NO. 752
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA ESTABLISHING DISTRICT.BASED ELECTIONS FOR
COUNCILMEMBERS BY AMENDING TITLE 2 OF THE
CARPINTERIA MUNICIPAL CODE TO ADD A NEW CHAPTER 2.06
("clTY couNctL DtsTRtcT ELEcTtoNS") AND By ADOPT|NG THE
COUNCIL DISTRICT MAP
WHEREAS, the City of Carpinteria ("City") is a general law city and municipal corporation that uses an at-large method of election for its five council members to a four-year term, including its mayor, who is selected by his or her fellow council members; and,
WHEREAS, in response to a Notice of Violation alleging the City's method of election violates the California Voting Rights Act ("CVRA"), the City adopted a resolution of intention to transition to district elections in time for the November 2022 election, thereby avoiding the high cost of litigation and furthering the City's commitment to diversity and inclusion; and,
WHEREAS, in conformity with Elections Code section 10010, the City Council has held public meetings on this matter on July 31,2017; August 14,2017; April 8, 2019; June 28, 2021; July 26, 2021; November 8, 2021; December 13,2021; January 24,2022; February 28,2022, March 14,2022, and March 28,2022, in addition to public workshops that were held on September 20,22, and 26, 2021, in both remote and inperson formats due to the coronavirus (COVID-19) pandemic; and, WHEREAS, at its regular meeting on March 28,2022, the City Council held a public hearing at which the public was invited to provide input regarding the content of the draft Council District Maps and the potential sequence of elections; and, WHEREAS, the Council District Map adopted as part of this Ordinance complies with the legal criteria and order of priority established by Elections Code Section 21601; and,
WHEREAS, this Ordinance is intended to provide for the district-based election of the five Councilmembers of the City; and,
WHEREAS, the City Council has considered all information and public testimony related to this matter, as presented at the public meetings of the City Council and published on the City's District Elections webpage, including any supporting reports by City staff.
NOW THEREFORE, the City Council of the City of Carpinteria does hereby ordain as follows:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are Ordinance No. 752
each relied upon independently by the City Council for its adoption of this Ordinance.
SECTION 2. AMENDING TITLE 2 OF THE CARPINTERIA MUNICIPAL CODE TO ADD A NEW CHAPTER 2.06 ('CITY COUNCTL DISTRICT ELECTIONS'') New Chapter 2.06, titled "City Council District Elections," is hereby added to the City's municipal code as follows:
"2.06.010 - Declaration of Purpose.
Pursuant to Government Code Section 34886, the City Council of the City of Carpinteria intends to change from an at-large election system used since the City's incorporation to district based elections for city councilmembers. Said change is being made in furtherance of the purposes of the California Voting Rights Act of 2001. A district based election system is one where the City is divided into separate geographical areas making up the districts and voters residing within the district elect a representative who also resides within the district.
2.06.020 - City Council Districts Established.
Five City council districts are established in the city of Carpinteria. The boundaries and identifying numbers of each district shall be as described on the Council District Map approved by the Council and maintained by the City Clerk in the official records of the City and the County Elections Office. The Council District Map may be amended from time, such as following the decennial U.S.
Census, to ensure that the districts are in compliance with all applicable provisions of law.
2.06.030 - Election of Members of the Gity council by-District. (a) Upon commencement of "by-district" election in the order established in section 2.06.040 of this Code, members of the City Council shall be elected "by district" as defined in California Government Code Section 34871andlor any successor statute. Any candidate for City Council must have been a resident and registered voter of the district in which he or she seeks election for at least thirty flays before the time he or she files nominating papers or equivalent declaration of candidacy for such office, or such person's appointment to fill a vacancy therein as established in the California Government Code Section 34882. The mayor and vice-mayor shall be selected by their fellow councilmembers. No term of any member of the City Council that commenced prior to the effective date of this ordinance shall be affected by the adoption of this ordinance. (b) Registered voters signing nomination papers or voting for a member of the City Council shall be residents of the geographical area making up the district from which the member is to be elected.
(c) The terms of office of each member elected to the City Council shall be four (4) years.
(d) Termination of residency in a district by a Councilmember shall create a vacancy for that City Council district unless another residence within the district is 2 G:\Olivia\District Elections\Citv of Carpinteria Ord inance 752 (002).docx Ordinance No. 752
immediately declared and established within thirty (30) days after the termination of residency.
2.06.040 - Reserved.
2.06.050 - Vacancies for the Office of Councilmember.
(a) A vacancy in an office filled by at-large election shall be filled by appointment or election from the city at-large in accordance with California Government Code Section 36512.
(b) A vacancy in an office of a "by district" councilmember shall be filled by a person who resides in and is a registered voter in the district." SECTION 3. COUNCIL DISTRICT MAP APPROVED AND RECORDED
The City Council hereby approves and adopts the Council District Map for the DistrictBased election system for five Councilmembers, attached hereto as Exhibit 1 and incorporated herein by reference. The Council District Map shall be updated as necessary following the decennial U.S. Census, and recorded and maintained by the City Clerk in the official records of the City and by the County Elections Office.
SECTION 4. IMPLEMENTATION
lf necessary to facilitate the implementation of this Ordinance, the City Council hereby authorizes the City Manager, or his or her designee, to make technical adjustments to the district boundaries adopted in this Ordinance that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
SECTION 5. CEQA
The City Council finds that the actions authorized by this Ordinance are not subject to the requirements of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) since the actions will not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 6. SEVERABILITY
lf any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. 3 G :\Olivia\District Elections\Citv of Carpinteria Ord inance 752 (002).docx Ordinance No. 752
SECTION 7. CERTIFIED COPY TO COUNTY BOARD OF SUPERVISORS AND
DEPARTMENT OF ELECTIONS
The City Clerk is hereby directed to fonruard without delay to the Board of Supervisors and to the County Department of Elections each a certified copy of this Ordinance.
SECTION 8. EFFECTIVE DATE
This ordinance shall become effective thirty (30) days following adoption.
PASSED, APPROVED AND ADOPTED on March 28,2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, City Clerk
City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and {oqleO at a regular meeting of the City Council of the City of Caipinteria held on March 28,2022.
Brian C. Barrett, 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
4 G:\olivia\District Elections\citv of carpi nteria ordinance 752 (002).docx EXHIBIT 1
INTENTIONALLY LEFT BLANK
TO BE INSERTED IN ACCORDANCE WITH FINAL DISTRICT MAP AND DESCRIPTION OF
DISTRICTS
DESCRIPTION OF DISTRICTS TO BE SUPPLEMENTED WITH LEGAL DESCRIPTIONS OF EACH
DISTRICT ONCE SUBMITTED TO COUNTY ELECTIONS OFFICE
ATTACHMENT C
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In compliance wit! the Americans with Dirabilitis Act, ifyou ned opechl arddence to participate in tr"i. meeting plcare contact Edan B$rctt, ActingCiVOsrkatbrianb@cicarpinterircuor(eou)?t6-aa,a6. Notlffetionoftwobudnersds)'spriortothsmeetingwillembletheCi{yto ruke ueombte amngements to easure acc€$ibility to thir meetlng Stay informed! Sign up for our e-newstetter at Carpinteriaca.gov n tot City of Carpinteria
Coutrcrr- Aceruon Srerr Reponr
March 28,2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Ordinance No. 753, (first reading) approving the sequencing schedule for district elections concerning the five Council districts in the City of Carpinteria, and amending the approved District Map by applying numeric District designations consistent with the sequencing schedule.
STAFF RECOMMENDATION
Adopt Ordinance No. 753, (first reading) approving the sequencing schedule for district elections concerning five Council districts in the City of Carpinteria, and amending the approved District Map by applying numeric District designations consistent with the sequencing schedule.
Sample Motion: I move to adopt Ordinance No. 753, on first reading (as read by title only), thereby establishing the sequencing schedule for district elections concerning five Council districts, amending the approved District Map by applying numeric District designations consistent with the sequencing schedule, and setting the second reading forthe Council meeting of April 11,2022.
BACKGROUND
The City of Carpinteria City Council is a general law City with five elected City Council seats. Council members are elected to four-year staggered terms. Elections are held biennially with three Council seats decided on off-year elections and two seats decided on Presidential election years.
During the public hearing process for developing and adopting a City Council Districts map, the City Council must also establish which three Districts will be a part of the November2022 election and which two will be a part of the 2024 elections (the "sequencing schedule").
The Council has discretion to establish the sequence of elections based on state law.
The Council's decision concerning sequencing is guided by section 10010(b) of the California Elections Code Section, which states that the City Council shall "give special consideration to the purposes of the California Voting Rights Act," and "take into account the preferences expressed by members of the districts." 23943162.1
District Elections Sequencing Schedule
March 28,2022
Page2
Additionally, Elections Code Section 21606 provides that the term of office of any council member whose term of office has not expired shall not be affected by districting As such, no matter how sitting Councilmembers places of residence relate to the new Districts, all Councilmembers will finish their respective at-large terms.
DISCUSSION
During the mapping process, both draft maps and the districts within them were identified alphabetically, e.9., Map A, district A, etc. The Final City Council Districts are to be identified numerically 1 through 5. Odd and even numbered districts are up for election in separate years. Districts 1, 3, and 5 are to be considered at the City's first district election, in November 2022, and Districts 2 and 4 in the November 2024 election.
Staff recommends, regardless of whether Map A2 or 43 is chosen, that the City Council consider Districts be numbered according to the below table. Attachment A to this Report illustrates this sequencing schedule numbering for Maps A2 and A3.
Former District Label New District Label lst Election Cycle Year District C District 1 2022
District A District 2 2024
District B District 3 2022
District D District 4 2024
District E District 5 2022
lf Map 42 is adopted by the Council, the above recommended district sequencing allows the two incumbent Councilmembers whose terms expire in 2024 (Alarcon and Nomura) to finish their terms to completion prior to an election occurring for the District in which they reside. lf Map A3 is adopted, one councilmember whose term expires in 2024 (Nomura) would reside in a District that would come up for election in November 2022.
The above sequencing schedule also ensures, no matter if the Council approves map A2 or A3, that the incumbent Councilmembers up for reelection in 2022 will be in a District that is a part of the 2022 election.
Notwithstanding the above sequencing schedule described, the Council has the discretion to adopt a sequencing schedule as it sees fit. However, once again, the Council should be cognizant that the districts numbered as 1, 3, and 5 will be put to election in 2022 and districts 2 and 4 will be put to election in 2024. ln addition to the sequencing considerations set forth in Elections Code section 10010(b) and21606, summarized above, the City Council may take other considerations into account when making decisions about how to sequence districts, including:
District Elections Sequencing Schedule
March 28,2022
(1) Prioritizing districts with high Latino CVAP percentages for an earlier election or for a Presidential election year,
For example, the Council may wish to consider a sequencing schedule that prioritizes having one or more of the higher percentage Latino Citizen Voting Age Population ("CVAP") districts be a part of the earliest election, i.e.,2022.
Alternatively, the Council could choose a district sequencing schedule that prioritizes putting higher CVAP percentage districts up for election during Presidential election years since studies have shown that voter participation is higher in those years. These are both common considerations city councils have used in determining a sequencing schedule.
The table below illustrates Latino CVAP percentages for Maps A2 and A3.1 ln both Map A2 and A3, there are three districts with a CVAP greater than 30% (shaded in the table).
Former District Label
A B c D E
Map A2 37.4o/o 20.3o/o 33.60/o 32.40/o 22.60/o
Map A3 37.5o/o 18.9o/o 33.6% 35.3% 22.60/o
(2) Prioritize districts that do not have a current resident council member.
Another factor for the council's consideration in modifying the staff sequencing recommendation is prioritizing District C (proposed District 1 under the City's recommendation) for the 2022 election since it does not currently have a resident council member. For example, the Cities of Woodland and Davis prioritized districts that had never had an elected representative to be a part of the first election after establishing Districts.
(3) Avoid Sequencing Schedule thatwould preclude incumbenb from candidacy at the end of their current at-large terms.
It is common practice as part of the approval of a sequencing schedule for city councils to take into consideration the potential candidacy of incumbents in the next election. ln Carpinteria's case, there are three Councilmembers (Clark, Lee and Carty), who's seats are up for election in 2022. The sequencing schedule described above would allow for all three to run for office in 2022, should they choose. The sequencing schedule would also allow for Councilmembers whose terms expire in 2024 to run for office; either as an incumbent candidate in 2024, or as a candidate in a District up for election in 2022. 1 This and other data on District Maps A2 and A3 are a part of the District Plans that are a part of each map and can be found with the maps on the City's District Election website:
https://carpi nteria proiects. com/d istrict-electio ns/ District Elections Sequencing Schedule
March 28,2022
lnformation Concerning Any Sequencing Schedule Scenario.
Councilmembers whose terms expire in 2022 may continue to serve the City at-large for the remainder of their elected terms and will have the opportunity to run for districtbased seats in November 2022, provided they reside in one of the three districts scheduled for that election.
Councilmembers whose terms do not expire until2024 may continue to serve the City at-large for the remainder of their elected terms, and will have the opportunity to run for district-based seats in November 2024, provided they reside in one of the two districts scheduled for that election.
lf multiple incumbents live in the same councilmember district, and an election is held in that district in 2022, the incumbents are eligible to run for election in that district along with any other candidates. The person who receives the most votes will win the seat for that district (and the four-year term that goes with it). Any losing incumbent will drop off the City Council, either immediately (if their elected term expires in 2022) or in 2024 (it their elected term expires in 2024).ln other words, even if a current councilmember whose elected term ends in 2024 runs for and is defeated in a bid to win a district-based seat in 2022, that councilmember will continue to serve on the City Council as an at large councilmember until their elected term expires.
lf a current councilmember whose elected term ends in 2024 wins a district-based seat in 2022, then they would resign the at-large seat. The council can fill the vacancy pursuant Section 36512 of the California Government Code, by appointment or by a special election.2
After the sequencing schedule is adopted, if no councilmember resides in a district scheduled for the November 2022 election, then only non-incumbents will be qualified to run for election in that district. lf no councilmember resides in a district scheduled for the November 2024 election, that district will continue to be represented by the remaining at-large councilmembers until2O24 when its first district-based election will be held.
POLICY CONSISTENCY
This hearing is a part of transition to district-based council elections and as such follows compliance with Federal and State Voting Rights Act.
FINANCIAL CONSIDERATIONS
Cost associated with this work includes a consultant service agreement, which is a part of projected expenses included in the adopted Fiscal Year 2021-22 budget.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
2 Section 36512 of the California Government Code provides that if a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy." District Elections Sequencing Schedule
March 28,2022
The City Attorney's Office is supporting the District Mapping process and will be available to answer questions concerning this matter.
ATTACHMENTS
Attachment A: Maps 42 and A3 with sequencing numbering applied Attachment B: Ordinance 753
Staff contact: Olivia Uribe Mutal, Program Manager
(805) 7 55-4450, Ol ivia U @ci. carpi nteria. ca. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. us
ATTACHMENT A
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ATTACHMENT B
ORDINANCE NO.753
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GARP|NTER|A AMENDTNG TITLE 2, CHAPTER 2.06 ("CtTy COUNCTL DtsTRtcT ELECTTONS"), By ADDING REGULATTONS ESTABLTSHTNG
THE SEQUENCE OF ELECTIONS FOR COUNCILMEMBER DISTRICTS
WHEREAS, the City of Carpinteria ("City") is a general law city and municipal corporation that uses an at-large method of election for its five council members to a four-year term, including its mayor, who is selected by his or her fellow council members; and,
WHEREAS, in response to a Notice of Violation alleging the City's method of election violates the California Voting Rights Act ("CVRA"), the City adopted a resolution of intention to transition to district elections in time for the November 2022 election, thereby avoiding the high cost of litigation and furthering the City's commitment to diversity and inclusion; and,
WHEREAS, in conformity with Elections Code section 10010, the City Council has held public meetings on this matter on July 31,2017; August 14,2017; April 8, 2019; June 28, 2021; July 26, 2021; November 8, 2021; December 13, 2021; January 24,2022; February 28,2022, March 14, 2022, and March 28,2022, in addition to public workshops that were held on September 20, 22, and 26,2021, in both remote and inperson formats due to the coronavirus (COVID-19) pandemic; and, WHEREAS, at its regular meeting on March 28,2022, the City Council held a public hearing at which the public was invited to provide input regarding the content of the draft Council District Maps and the potential sequence of elections; and, WHEREAS, the Council District Map adopted as part of this Ordinance complies with the legal criteria and order of priority established by Elections Code Section 21601; and,
WHEREAS, the City Council transitioned to district-based election of the five Councilmembers of the City and added Chapter 2.06 ("City Council District Elections") to the Carpinteria Municipal Code; and,
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council and published on the City's District Elections webpage, including any supporting reports by City staff.
NOW THEREFORE, the City Council of the City off Carpinteria does hereby ordain as follows:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.
Ordinance No. 753
sEcTtoN 2. AMENDTNG TTTLE 2, CHAPTER 2.06 ("C|TY COUNCIL DISTRICT ELECTTONS"), OF THE CARPTNTERTA MUNIC|PAL CODE TO ADD SECTTON
2.06.040
New section 2.06.040 shall be added to Chapter 2.06 ("City Council District Elections") as follows:
"2.06.040 - Commencement and Sequence of District Elections. (a) The district-based election system established by this chapter shall be first implemented for the general municipal election in November 2022 and every two years thereafter.
(b) Beginning November 2022, and every four years thereafter, the voters in districts 1, 3, and 5 shall elect members of the City Council by district for four (4) year terms. At the general municipal election in 2024 and every four years thereafter, the voters in districts 2 and 4 shall elect members of the City Council by district to four (4) year terms.
(c) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected." SECTION 3. COUNCIL DISTRICT MAP AMMENDMENT
Exhibit 1 of Ordinance752, District Map, consistent with the sequencing schedule, appended is hereby amended by replacing the alphabetic district labels with numeric district labels as included in Exhibit 1 attached hereto.
SECTION 4. IMPLEMENTATION
lf necessary to facilitate the implementation of this Ordinance, the City Council hereby authorizes the City Manager, or his or her designee, to make technical adjustments to the district boundaries adopted in this Ordinance that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
SECTION 5. CEQA
The City Council finds that the actions authorized by this Ordinance are not subject to the requirements of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(cX2) and 15061 (bX3) since the actions will not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 6. SEVERABILITY
lf any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision 2 G:\Olivia\District Elections\Citv of Carpinteria Ord inance 753 (002). docx Ordinance No. 753
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 7. CERTIFIED COPY TO COUNry BOARD OF SUPERVISORS AND
DEPARTMENT OF ELECTIONS
The City Clerk is hereby directed to fonrvard without delay to the Board of Supervisors and to the County Department of Elections each a certified copy of this Ordinance.
SECTION 8. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days following adoption PASSED, APPROVED AND ADOPTED on March 28,2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, 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 March 28,2022.
Brian C. Barrett, City Clerk
City of Carpinteria
3 G:\Olivia\District Elections\Citv of Carpinteria Ordinance 753 (002).docx Ordinance No. 753
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
4 G : \Olivia\District Elections\City of Carpi nteria Ord i na nce 753 (002). docx EXHIBIT 1
I NTENTIONALLY LEFT BLAN K.
TO BE INSERTED IN ACCORDANCE WITH FINAL CITY OF CARPINTERIA DISTRICT MAP WITH NUMERIC
DISTRICT DESIGNATIONS
City of Carpinteria
Cour.rcrl Aceruon Srnrr RepoRr
March 28,2022
ITEM FOR COUNCIL CONSIDERATION
Pursuant to Carpinteria Municipal Code ('CMC") S 14.78.040, the City Council will hold a public hearing to consider appeals of the Planning Commission's decision to accept and certify an Environmental lmpact Report ("ElR") and grant approval of a Conditional Use Permit and Coastal Development Permit for Project 19-2015-CUP/CDP, a proposal to construct the 850-foot long portion of the approximately 2,800-foot long multi-use Rincon Trail project filed by: (1) Karl Cameron; (2) Stan Barankiewicz of Orbach Huff & Henderson LLP, on behalf of the Santa Barbara Soaring Association ("SBSA"); and (3) Helen O'Neill. The project location spans from the eastern terminus of Carpinteria Avenue in the City of Carpinteria to the western terminus of the Rincon Beach County Park parking lot, located in unincorporated Santa Barbara County, and involves City and Caltrans rights-of-way and Assessor's Parcel Nos. 001-220-032, -092, -100 and -101.
STAFF RECOMMENDATION
Consider the filed appeals in a public hearing, and deny the appeals, thereby upholding the Planning Commission's acceptance and certification of the EIR and approval of a Conditional Use Permit ('CUP') and Coastal Development Permit ('CDP") for the Rincon Trail project through Resolution No. 6111 (Attachment A).
Sample Motion: I move to adopt Resolution No. 6111 to deny the appeals, and accept and certify the EIR and approve the Conditional Use Permit and Coastal Development Permit for the portion of the Rincon Trail project located in the City of Carpinteria.
BACKGROUND
Proiect Description Sum marv
The Rincon Trail is a public multi-use trail that would connect the eastern end of the City of Carpinteria to Rincon Beach County Park located in unincorporated Santa Barbara County near the Ventura County line. The proposed trail would originate from Carpinteria Avenue in the City of Carpinteria, just east of the intersection with State Route ("SR") 150, and proceed easterly for approximately 2,800 linear feet, terminating at the western terminus of the Rincon Beach County Park parking lot. The proposed trail would be finished in a concrete pavement and feature a usable width of fourteen (14) to 23930525.6
Rincon Trail Appeal Consideration
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sixteen (16) feet (comprised of a four-foot or five-foot wide "travel lane" in each direction and three-foot wide shoulders on each side). A six-foot wide shallow concrete v-ditch would run along the inside of the trail length for the purposes of capturing and conveying stormwater to onsite drainage facilities. Protective fencing would be provided along tire -
trail alignment to keep trail users on the improved path. The trail project also includes a new 14-foot wide, 160-foot clear-span pre-fabricated bridge crossing over the Union Pacific Railroad ("UPRR") alignment. New bridge abutments and wiigwalls would be constructed on each side of the UPRR alignment to anchor the bridge in place.
Grading and earthwork quantities necessary to cut the new trail bench, stabilize slopes, and control stormwater runoff through the project area are estimated at g5,g1g cubic yards ("CY") of cut. Approximately 10,519 CY of the cut material would be used for fill onsite; the remaining 85,400 CY of cut material would be exported offsite.
Approximately 45o/o of the estimated earthwork (equivalentto -43,200 Cy of cut) is expected to occur on the inland side of the UPRR alignment, and the remaining '55%
(-52,800 CY) on the ocean side of the UPRR alignment. A storm drain collecti5n system is proposed for the trail alignment, which would utilize a combination of repaired existing and new piped storm drains on the bluff face and drain outlets onto the sandy beach below the bluff. A habitat restoration plan is included to restore areas disturbed during construction and to mitigate for permanent removal of vegetation to accommodate the new trail.
The westernmost approximately 850 linear feet of the trail, running roughly parallel to U.S. Highway lOl from the trailhead just east of the Carpinteria Rvenu6lsR 150 intersection and north of the UPRR alignment falls within the jurisdiction of the City of Carpinteria. Although the City as lead agency must certify the EIR for the entire project, the City's approval of the Conditional Use PermiUCoastai Development permit (i g-- 201S-CUP/CDP) only approves this portion of the project. The remainder of the trail alignment (approximately 1,950 linear feet), including the new bridge over the UpRR alignment, would fall within the permitting jurisdiction of the County of Santa Barbara. As part of the project, the City will obtain an easement or other approvals from UpRR for the bridge crossing over, and trail improvements within, the UdRR alignment. The City also anticipates the acquisition of right-of-way from the California Dep-artment of Transportation ("Caltrans") to accommodate portions of the trail alignment.
The purpose of the Rincon Trail project is to close an existing critical gap in the California Coastal Trail ("CCT") between the Carpinteria Bluffs and th6 Pacific Coast Bikeway (i.e., bike path from Bates Road to just south of Mussel Shoals along U.S.
Highway 101), that would serve to enhance opportunities for public coastal access and recreation, and support alternative means of transportation. The Rincon Trail project also is intended to provide a safe, convenient, scenic and attractive alternate route for vertical beach access to the existing unsanctioned, informal use trails connecting the Carpinteria Bluffs to Rincon Beach County Park, which trespass through UpRR property, and reduce the use of the unprotected U.S. Highway l0l shoulder between SR 150 and Bates Road by cyclists. With the recent acquisition by the City of 23930525.6
Rincon Trail Appeal Consideration
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Carpinteria of the majority of the Bluffs lll area for the new Rincon Bluffs Preserve, the proposed trailwould also function as a critical connection between existing public recreation amenities in the area. Completion of the Rincon Trail also is a condition of approval for the City's approval of the Linden Avenue and Casitas Pass lnterchanges and Via Real Extension Project (No. 09-1l22-CUPICDP) and Local Coastal Plan Amendment (LCP-4-CPN-15-0018-1), which was required as a balancing provision to offset unavoidable wetland impacts through completion of two regionally important alternative transportation projects to increase access to coastal resources for the public A more complete project description in included in the January 18,2022 Planning Commission staff report and supporting attachments, included with this report as Attachment B. The proposed trail alignment is depicted in the project plans included as Exhibit 2 to Attachment A of this staff report.
Environmental lmpact Report Summary
Pursuant to the California Environmental Quality Act ("CEQA"), the City of Carpinteria is acting as the Lead Agency in accordance with CEQA Guidelinesl Sections 15050- 15051 , and is responsible for preparing this environmental document for the Rincon Trail project. The purpose of the CEQA analysis is to determine whether the proposed project may have significant effects on the environment, to identify possible mitigation measures to reduce the severity of any significant effects, and to disclose the findings of this analysis to the public and decision makers. The prepared Proposed Final Environmental lmpact Report (.EIR') for the City Council's consideration provides the factual basis for finding that the project will not have a significant effect on the environment with the inclusion of the identified mitigation measures.
The Draft EIR identified no Class I (significant, unavoidable) impacts associated with the project. However, Class ll impacts (significant, but feasibly mitigated) were identified in the following categories: Aesfhetics, BiologicalResources, Cultural Resources, Geology and Sor/s, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Tribal Cultural Resources, and Utilities and Seruice Sysfems. With the incorporation of identified mitigation measures, all of these impacts would be reduced to a less than significant level. Class lll (less than significant) impacts were also identified for Aesfhetics, Air Quality, BiologicalResources, Cultural Resources, Energy, Geology and Soi/g Greenhouse Gas Emissions, Hydrology and Water Quality, Not'se, Public Selices, Recreation, Transpoftation, and Utilities and Seryice Sysfems. ln addition to disclosing the potential environmental etfects of the proposed project, the EIR also evaluated four potential project alternatives which were identified as potentially meeting all or most project objectives to determine if any of these alternatives could further reduce the significance of identified potentially significant environmental effects.
The four evaluated project alternatives were:
1 References to the CEQA Guidelines in this Statf Report and attachments refer to Sections 15000 et seq of Title 14 of the California Code of Regulations.
23930525.6
Rincon Trail Appeal Consideration
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a
a
a
Alternative 1. "No ProjecUNo Build" Alternative, which would maintain the existing conditions;
Alternative 2. "Maximize Existing Benchwork/Topography" Alternative, which largely followed the alignment and design of the original 2O1S version of the project;
Alternative 3. "steeper slopes/Reduced Earthwork" Alternative, which is substantially similar to the proposed project, but utilizes a slightly narrower trail width and steeper trail surface slope for a segment of the trail south of the UpRR crossing to further reduce earthwork quantities; and
Alternative 4. "Freeway Adjacent Trail Avoiding Bluff Face" Alternative, which utilizes the same alignment as the proposed project up to and including the UPRR crossing, but then shifts the trail to the north side of the ocean front ridge south of the UPRR alignment, roughly parallel and adjacent to the U.S. Highway 101 corridor.
Figure 6-1 (pp. 6-27) of the Draft EIR (Attachmen!!, Exhibit 2) depicts the proposed trail alignment overlaid with the trail alignments considered in Alternatives 1 thiough 4.
Alternative 3, "Steeper Slopes/Reduced Earthwork Alternative," was identified in the EIR as the environmentally superior alternative as it was found to meet all of the project objectives while resulting in the same or slightly less severe environmental effeits as compared to the proposed project by further reducing the quantity and extent of earthwork necessary to construct the project.
The City Council, on appeal from the Planning Commission, is responsible for considering the appeal and for approving, conditionally approving or denying the appeal.
Approving or conditionally approving the appeal results in reversil or modification oi the Planning Commission's decision to accept and certify the Proposed Final ElR. Whereas, denying the appeal affirms the Planning Commission's decision to accept and certify the Proposed Final EIR as having: (1) adequately and accurately described and disclosed all potential project impacts; (2) satisfactorily reduced all identified potentially significant environmental effects to less than significant levels through the implementationbf appropriate mitigation measures; and (3) satisfied the procedural and statutory requirements of CEQA. As part of the action in approving or conditionally appioving the appeal in order to reject or modify the ElR, the Council also must select ihe preferred prolect from amongst the proposed project or project alternatives. Alternatively, the City Council can deny the appeal and affirm the Planning Commission's selection of a preferred project.
The EIR
through 3
23930s25.6
under consideration is included with this report as Attachment c, Exhibits 1 Rincon Trail Appeal Consideration
March 28,2022
Plannino Commission Action
On January 18, 2022, the Planning Commission held a public hearing to consider acceptance and certification of the EIR for the Rincon Trail project and approval of the CUP and CDP for the portion of the trail project located within the City's jurisdiction. As noted above, a copy of the Planning Commission staff report and attachments is included with this report as Attachment B.2
The Planning Commission voted 3-1 (Callender dissent; La Fevers absent) to accept and certify the project ElR, selecting Alternative 3 as the preferred project; and to approve the CUP and CDP for the project, as presented. A copy of the Planning Commission Action Letter and adopted Resolution are included with this report as Attachment D.
Commissioner Callender's dissenting vote against the certification of the EIR and project approval was based upon a disagreement with the conclusions of the EIR with respect to the severity of the anticipated impacts to soaring activities resulting from the project. The EIR concluded that impacts to recreation, including soaring activities, would be less than significant, as horizontal and vertical wind speeds in the project area that soaring pilots rely upon for their flights would be reduced by less than thirty percent (30%), which may reduce the number of days with favorable wind conditions for flying but would not ruin or otherwise preclude continued flying activities in the project area.
Commissioner Callender disagreed that the impacts to airflow were less then significant and argued that the described impacts to soaring activities merited classification as a significant impact requiring mitigation to reduce impacts to less than significant levels, or if said impacts could not be mitigated to less than significant levels, then compelling City decision-makers to select a project alternative that avoids unmitigable significant impacts or otherwise make findings associated with a statement of overriding considerations . City staff clarified what thresholds are required to be considered for recreational impacts on the environment under CEQA, and responded that impacts to soaring opportunities are not properly classified as an environmental impact under CEQA, but are instead more appropriately classified as a social impact, and thus are outside of the realm of CEQA.
The majority of the Commission present agreed with staff's analysis and voted to approve the project and certify the ElR. A copy of the adopted Planning Commission meeting minutes from the January 18,2022 hearing are included as Attachment E.
Public comment letters submitted to the Planning Commission are included as Attachment F to this report.
2 Please see the Planning Commission staff report (Attachment B) for a detailed project description, accounting of the project's permit review history up to Planning Commission review, and zoning/policy consistency analysis. Attachments to the Planning Commission staff report include both the Draft and Proposed Final ElRs.
23930525.6
Rincon Trail Appeal Consideration
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The Planning Commission's decision to certify the EIR and approve the project was subject to a 1O-calendar day appeal period, which commenced on January -1g,2022
(the day following the Planning Commission hearing). Prior to the end of the 10- calendar day appeal period, three separate appeals of the Planning Commission's decision to the City Council were filed with the City Clerk. The respective appeals were filed by: (1) Karl Cameron; (2) Stan Barankiewiczof Orbach Huff & Henderson LLp on behalf of SBSA; and (3) Helen O'Neill. All three appeals were filed on or before Friday, January 28th, prior to the close of the appeal period at 5:00 p.m. copies of the respective appeals are included as Attachment G, Exhibits 1 through 3, to this report.
City Council Appeal Process
Carpinteria Municipal Code ('CMC") S 14.78.040 provides that the decisions of the Planning Commission may be appealed to the City Council by persons or entities that appeared, either in person or in writing before the Planning Commission, or by an "aggrieved person" as that term is defined in CMC S 14.0S-. The appellant must state specifically in the appeal wherein the decision of the Planning Commission is not in accord with the purposes of the City's Zoning Code, or wherein it is claimed that there was an error of discretion by the Planning Commission. (CMC S 14.7g.040(3).) A copy of the Planning Commission report, and all attachments, is to be provided to the Council. The Council's consideration of any appeal is considered de novo, which means that the Council may consider all aspects of the prolect and is not limited to consideration of only the grounds stated in the appeal(s).
Pursuant to CMC S14.78.040(5), because this project is subject to the Coastal Appeals (:'Cry') Overlay district and is appealable to the California Coastal Commission 1"bCC";, the City Council must consider the appeal(s) at a public hearing, and approve, conditionally approve, or deny the appeal(s). Notice of the time and place of said hggring shall be given at least ten (10) calendar days before the hearing. Consistent with this requirement, the City noticed the public hearing for the City Council to consider the appeals on March 17,2022 through: (1) publication in the Coasial View News; (2) mailed notice to property owners within 300 feet and occupants within 100 feet of the project location; and (3) direct email correspondence to interested parties.
DISCUSSION
Summary Analysis of Appeals
The City Clerk received three separate appeals of the Planning Commission's decision.
While the three appeals raise myriad points in opposition to the project as approved by the Planning Commission and/or in support of another project alternative, the most salient points that are common across the three appeals can be generally summarized as follows:
23930525.6
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1. Mischaracterization of C in Environmental Effects. Various comments in the appeals assert that certain potential environmental effects of the project on aesthetics, biological resources, geological resources, and water quality have been mischaracterized and/or are insufficiently mitigated. ln particular, appeal statements argue that the aesthetic impacts of the trail construction across the bluff face should be characterized as a potentially significant aesthetic impact and cannot be mitigated solely by design review with the City's and County's respective design review boards. The appeals claim potential biological impacts to environmentally sensitive habitats and sensitive plant species must be avoided as they cannot othenrvise be feasibly mitigated.
Concerns are also raised about the geologic stability of the area, and the affected bluff face in particular, including concerns over an abandoned oil well in the project area, ongoing erosion of the bluff face, and beach erosion impacts from the storm drain outfall pipes.
2. Safety of Trail Terminatinq in County Park Parkinq Lot. A number of statements contained within the appeals suggest that terminating the east end of the trail into the Rincon Beach County Park parking lot and directing trail users to continue their travels through the Park's parking lot would pose increased safety hazards for cyclists, pedestrians, and drivers. Concerns are raised about poor sight lines through the parking lot and at the Bates Road intersection and the steep slope through the east end of the parking lot.
3. Use of the Area for Soarinq Activities. Numerous statements included within the appeals assert that soaring activities conducted in the area are fully compliant with applicable FederalAviation Administration ("FA,,q"; regulations and free flight pilots have federal permission and legal authority to use the airspace in the area as recognized by both the FAA and the United States Hang Gliding and Paragliding Association ("USHPA"). The appeal also claims that the lack of property rights and unsanctioned use of private property for launching of flights should have no bearing in the City's decision-making.
4. lncomplete and Erroneous Analvsis of Wind Flow lmpacts. Numerous statements in the appeals claim that the expert wind flow analysis relied upon in the EIR is incomplete and erroneous, and does not accurately reflect the true nature or severity of the potential project impacts on soaring activities. Appellants reference the expert testimony of free flight pilots at previous City hearings on the subject project, and a letter prepared by Dennis Pagen, whose work is cited in the City's wind flow analysis, as evidence of an incomplete study that they claim fails to include generally accepted scientific and soaring principles in its calculations and analysis of the potential impacts of wind reduction on free flight.
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of the entire ridge, the wind gradient, the creation of turbulent rotor zones and venturis, and changes in thermal patterns. Appellants also dispute the City's wind flow analysis' reliance upon operating wind speeds information from the Torrey Pines Gliderport in determining acceptable wind speed margins for free flight activities.
5. Siqnificance of lmpacts to Soarinq Activities. Statements in the appeals describe the unique topographical and geographical characteristics of the area that have made it a popular and accessible site for recreational free flight activities for the past several decades. Appellants disagree with the findings of the expert wind flow analysis relied upon by the City in preparation of the ElR, and believe the extent of landform modifications described for the proposed project would destroy or severely reduce free flight use of the site. As a result, appellants suggest that any impacts to the bluff face that may reduce or alter flight conditions through disruption or reduction of uplift and/or airflow musl be characterized as a potentially significant recreational impact under CEeA.
Appellants state that the City must develop a threshold of significance for the project's potential impact on wind in order to conduct a proper impact assessment. Appellants also state that testimony from free flight pilots describing the severity of these impacts to soaring activities in the area should be considered "expert" testimony and given the same consideration as the analysis provided by the City's consulting wind flow expert in classifying the significance of project-related wind flow impacts.
6. Preference for Alternative 4. Appellants disagree with the City's identification of Alternative 3 in the EIR as the "environmentally superior" alternative and its selection by the Planning Commission as the preferred project, and instead, advocate a preference for Alternative 4, which would route the trail along the north side of the ridge overlooking U.S. Highway 101. The appellants assert that Alternative 4 would have fewer potential environmental impacts when compared to Alternative 3 in conjunction with any future extension of the trail through Rincon Beach County Park. They also claim that Alternative 4 is the only alternative that avoids what they believe should be properly characterized as significant recreational impacts to soaring activities by routing the trail on the north side of the ridge and avoiding what the appellants desCribe as large scale earthwork and landform modifications to the ocean-facing ridge relied upon for free flight.
The appellants also argue that the termination of the proposed trail into the Rincon Beach County Park parking lot poses pedestrian and cyclist safety risks, and that Alternative 4 would avoid these safety hazards, and offer cyclists a more direct and convenient route.
Copies of the respective appeals in their entirety are included as Attachment G, Exhibits 1 through 3, to this report.
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Staff offers responses, below, to each of the appeal elements described above. Further, it should be noted that staff did not identify any issue raised in the appeal documents that is new to the City Council appeal hearing. All of the issues raised in the appeals have been previously raised to varying degrees in past public hearings and/or in public comment letters submitted to the City. Accordingly, many of these appeal statements have been previously addressed in the Responses to Comments, included in the Proposed Final EIR (see Attachment C), and/or in the Planning Commission staff report (see Attachment B).
1. Mischaracterization of Certain Environmental Effects. The EIR prepared for the project objectively evaluates the potential significance of identified environmental effects, using the thresholds contained in Appendix G of the CEQA guidelines, in addition to the respective adopted CEQA thresholds of the City and County. The analysis contained in the EIR concluded that there would be no Class I (potentially significant unavoidable impacts), but that there would be various Class ll (potentially significant but mitigable impacts) to Aesthetics, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Tribal Cultural Resources, and Utilities and Service Systems. The EIR also demonstrated that all of the potentially significant impacts could be feasibly mitigated to less than significant levels through incorporation of the prescribed mitigation measures.
With respect to some of the specific examples cited in the appeals, the aesthetic impacts of cutting a new trail bench across a manufactured slope and slightly laying back the slope without affecting the overall height or length of the ridge formation would not constitute a significant aesthetic change to the primary visual features of the project area. Man-made benches already traverse the slopes in the project area such that adding an additional bench and/or replacing the existing bench with a new bench slightly higher in elevation on the slope face is not considered a significant change to the area's visual character. Trail improvements, such as fencing, railings and the new bridge crossing over the rail corridor would be reviewed by the City and County design review boards to ensure consistency with respective design policies and that said improvements appropriately fit the character of the setting. Review by the City ARB and County BAR, respectively, is a standard mitigation measure used to address and resolve potentially significant aesthetic impacts. Mitigation Measure BIO-5, which requires revegetation of all disturbed areas within the project footprint would also help to address aesthetic concerns by revegetating the area with appropriate native plantings.
lmpacts to biological resources are also mischaracterized in the appeals. The Biological Resources analysis in the EIR found that while there are several sensitive plant species known to occur in the project area, the affected plants do 23930525.6
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not have individual local classifications as being rare, or high enough rankings by the California Native Plant Society's "California Rare Plant Ranks" to constitute a significant impact under CEQA, and therefore do not require species-specific mitigation. Rather, the presence of these species contributes to the overall quality of identified Environmentally Sensitive Habitats (ESH) in the area; the removal of which will require compensatory mitigation and restoration of the affected habitat types. This requirement is already inctuded in the Mitigation Measures to address anticipated Biological Resource impacts to ESH.
Concerns related to geologic hazards and water quality raised in the appeals have already been addressed in the ElR. Both the proposed project and the preferred project alternative were designed to avoid known areas of particular geologic instability (e.9. ancient landslide). Likewise, the proposed pioject and contemplated project alternatives all rely upon site specific geologic and engineering studies to understand the underlying geologic conditions of the area and to design a trail that would be safe, sustainable and easily maintained, accounting for both potential bluff face erosion and continued sea cliff retreat due to current conditions and projected sea level rise.
The concerns raised in the appeals over the abandoned oil well in the project area have proven to be unfounded as the subject "well" is a dry hole that never produced oil and was immediately abandoned, likely by simply backfilling the pilot hole, and as such does not pose an environmental or liabitity hazard lsee the detailed response to comment 41-5 in Attachment G for addiiional information). Finally, concerns over beach erosion from the storm water outfalls was intentionally addressed as part of the initial design. By replacing existing failed storm drains and augmenting those with additional new'storm drains, lhe amount of runoff conveyed to any one outfall location is reduced. Further, the new storm drains would be buried on the bluff face and the outfalls would be outfitted with energy dissipaters to further reduce potential erosive impacts. 2 Safetv of Trail Terminatino in Countv Park Parkins Lot. Staff asked the City's consulting traffic engineer, Tom Mericle of TKM Engineering, to review the proposed trail plans, parking lot layout, and appellant statements, and provide an analysis of the potential safety risks associated with terminating the east end of the Rincon Trail into the Rincon Beach county park ("county park") parking lot.
A copy of the memorandum is included with this staff report as fxfriOit 3 to Attachment H.3
Mr. Mericle found that due to the generally flat or even slightly uphill slope of the approximately 350-foot easterly section of the trail leading to the terminus at the County Park parking lot, the relatively flat grade approach would not significanly change the speed of a cyclist approaching the trailhead, which terminales into a 3 Mr. Tom Mericle also provided an Evaluation of Rincon Multi-Use Trail preliminary Design to support preparation of the Draft ElR. (see Attachment c, Exhibit 3- Draft ElR, Appendix J.) 23930525.6
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cul-de-sac at the west end of the parking lot. Further, the westerly -600 feet of the County Park parking lot is also relatively flat, such that by the time a cyclist reaches the downhill slope at the east end of the County Park parking lot leading to Bates Road, the cyclist has had sufficient time to become integrated into the slower speed mixed-vehicle environment of the parking lot. Mr. Mericle also found the parking lot dimensions (drive aisle width, etc.) to be sufficiently wide near the trailhead to provide more than enough room for maneuverability to reduce negative interaction between vehicles and cyclists.
Further, such slow speed mixed-vehicle arrangements are common in the greater Santa Barbara area, and have not posed safety risks for cyclists, pedestrians, and/or drivers. ln fact, such arrangements are considered preferable to routing cyclists or pedestrians onto streets with higher speed vehicle traffic.
Examples include, but are not limited to, Butterfly Beach and the Ledbetter Beach parking lots in Santa Barbara, and the termination of the Pacific Coast Bikeway at Oil Piers Beach in unincorporated Ventura County. lnstead, sufficient signage, striping and similar routine traffic control measures warn both cyclists/pedestrians and drivers of the mixed-traffic environment, and the general slow travel speeds used in parking lots further mitigates risk.
3. Use of the Area for Soarinq Activities. Staff provided information about the legality of soaring activities in the project area as context for existing environmental setting and the baseline conditions for the CEQA analysis, and to demonstrate that the use of the area for free flight is informal in nature, and has not been officially sanctioned by the City or County. Staff is concerned that appellants' arguments that the activity is sanctioned at this location could lead to the public's belief that it is safe for soaring activity. Staff has further investigated the matter in response to the statements made in the various appeals and a request from Mr. Aaron LaPlante, a member of the Soaring Community to evaluate the viability of a flight park, staff has confirmed that free flight activities in the area are not sanctioned, and may be in violation of various local and federal regulations, as further described below:
Typical launch points for free flight in the area occurs either on private property owned by Rincon Bluffs Group, LLC near the east end of Bluffs lll or, as pilots approach the bluff edge, on private property owned by UPRR.
While Rincon Bluffs Group, LLC recently recorded a "Notice of Consent to Use Land" ("Notice") granting pilots a revocable right to use their private Bluffs lll property for launch activities, subject to control by the owner, UPRR has granted no such permissions and requested the City submit information sufficient for it to consider pursuing a cease and desist order.
See Attachment H for a copy of the Notice.
Pursuant to County Code Sec.26-22. - Landing Aircraft, flights, landing or launching of any aircraft, including hang gliding or other flying apparatus, a
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on or within any county recreation area, is prohibited except in caqe. of an emergency or with the prior written permission of the director of community services or deputy. county staff has provided written confirmation that this Code section prohibits soaring or free flight activities in county recreation areas, including above the portions of the proposed trail alignment and surrounding areas located within the Rincon.Beach County Park (see Attachment l).
Based on correspondence between staff and FAA officials, hang gliders, paragliders and similar flying apparatus are characterized by FAA-as ultralight vehicles and are subject to FAR part 103, Ultralighi Regulation, which among other requirements stipulates that:
o 103.9(a). Hazardous operations. No perso n may operate any ultralight vehicle in a manner that creates a hazard to other persons or property; and
o 103.15, operations over congested areas. No person may operate an ultralight vehicle over any congested area of a city, town, or settlement, or over any open air assembly of persons.
FAA officials also confirmed that ultralight vehicles are subject to the requirements of CFR Title 14 S 91.1 1g Minimum safe altitudes: General, which states:
(b) over congested areas. over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacte within a horizontat radius of 2,000 feet of the aircraft; and
(c) over other than congesfed areas. An attitude of s00 feet above the surtace, except over open water or sparsery poputated areas. ln those caseg the aircraft may not be operated croser than s00 feet to any person, yesse/, vehicle, or structure.
The appellants have not provided substantial evidence to refute that these regulations do not apply to their free flight activities, or that they have authorization from the.County and/or UPRR for launching/landing on their respective properties.a
!nsennplete and Erroneous Analvsis of Wind Flow lmpacts. Numerous comments have been submitted by free flight pilots claiming that the proposed project would significantly degrade or entirely eliminate free flight activities in the project area.
However, most commenters failed to provide any empirical data to demonstrate that the proposed project or Alternative 3 would destroy free flight in the area. a see staff's response to the appeals in Appendix H for further analysis. o
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Even the most complete response (from Mr. Dennis Pagen) to the objective, sitespecific wind flow analysis commissioned by the City for the ElR, acknowledges that the analysis contained within the City's wind flow study is "reasonable and accurate, except for a few caveats... " Mr. Pagen indicates some assumptions in the study that he believes should be adjusted to more accurately predict a change to the wind flow patterns from the project, but he neither identifies the manner to improve the assumptions, nor the outcome of conclusions of the analysis were other assumptions to be employed instead. Further, the City's wind flow consultant prepared a response letter to Mr. Pagen's letter, in which he refutes the arguments presented by Mr. Pagen. The soaring community has therefore not provided substantial evidence that the City's wind flow analysis is flawed, nor has the soaring community directly refuted the air flow analysis or EIR conclusions drawn from it.
5. Siqnificance of lmpacts to Soaring Activities. The EIR examines the proposed project's effects on the physical environment, including impacts to air quality and air flow (i.e., wind), and concluded such impacts would be less than significant.
The appellant's assertion that the EIR must consider alterations to opportunities for free flight as a potential recreational impact is not supported by CEQA. The CEQA Guidelines do not designate "recreational activities," such as free flight activities, as part of the "environment." Rather, "environment" refers to "the physical conditions which exists within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, or objects of historic or aesthetic significance." (Pub. Res. Code, S 21060.5; CEQA Guidelines, S 15360.) CEOA does not require an analysis of the proposed project's social or economic impacts on activities, like free flight, and such social impacts alone do not constitute substantial evidence that the project will have a potentially significant impact on the environment.s As such, impacts to recreational activities alone that do not result in a corresponding impact to the "environment" do not constitute a potentially significant environmental impact for the purposes of CEQA.6
Notwithstanding the above, the EIR-analyzed the potential severity of any reductions to horizontal or vertical wind speeds or uplift resulting from the proposed project to evaluate whether regrading would cause a significant impact on free flight above the trail alignment and on the environment. The City's environmental consultant commissioned an objective, site-specific analysis of 5 Preserue Poway v. City of Poway (2016) 245 Cal.App.4th 560, 566, 579-580; Chico Advocates for a Responsib/e Economy v. City of Chico (2019) 40 Cal.App.sth 839 (reasoning that loss of convenience is merely an example of a social problem, and without an accompanying physical change to the environment, CEQA does not require its analysis); CEQA Guidelines, S$ 15064(e), 15064(f), 15131(a), 1 5384.
6 Saye OurAccess-San Gabriel Mountains v. Watershed Conservation Auth. (2021) 68 Cal. App. Sth 8, 25, reviewdenied (Dec. 15,2021) ["UnderCEQA, a project'ssocialimpacts need notbetreated as significant impacts on the environmenl;'', Preserve Poway v. City of Poway (2016) 245 Cal.App.4th 560, 566, 579-580; CEQA Guidelines, $ 15064(e).
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airflow patterns resulting from the project and the effects of those changes on free flight in the area. (nttacnmenrc, Exhibit 3 ElR, Appendix l.) Tne City then used the analysis to evaluate the proposed project potential recreation impacts in accordance with CEQA in the Recreation Section and concluded that while the proposed landform modification could be expected to result in up to a 30% reduction in verticalwind speed above the affected ridge, said reduction would not eliminate or othemrise drastically alter wind or uplift conditions in the project area to the extent that it would constitute a significant impact on the environment.
Further, the EIR analyzed the potential severity of any reductions to horizontal or verticalwind speeds or uplift resulting from the proposed project, and for impacts on flora and fauna in the Biology Section. The EIR analysis concluded that the changes to airflow result in a less than significant impait to biotogical resources, including avian species and the Monarch butterfly.
6. Preference for Alternative 4. The appellants assert that Alternative 4 should have been selected as the "environmentally superior" alternative and that it has the least potential impacts on the environment compared to the proposed project or the other considered alternatives. However, staff finds that this statement is not supported by the analysis contained within the ElR.
As part of this assertion, the appellant's suggest that the EIR must consider conceptualfuture improvements to the Rincon Beach County Park to compare Alternative 4 with the proposed project and Alternative 3. The analysis in the EIR is not obligated to consider speculative impacts of a possible future project to route a new trail through Rincon Beach County Park. Speculative future improvements to the County Park, which may include atrail extension, are not designed, planned or funded, nor are they required to be a part of the proposed project. Thus, these potential improvements are too speculative for meaningful analysis and comparison of the relative impacts of the proposed project (or Alternative 3) plus a hypothetical future trail extension project through the park, to the Alternative 4. Further, as summarized above in responses 4 and 5, the appellants have failed to demonstrate the basis for classifying impacts to soaring activities as a potentially significant impact under CEQA. iherefore, selecting analternative alignment to avoid impacts to soaring activities is not required byCEQA.
The appellants' concerns with the safety of terminating the trail into the Rincon Beach county Park has been addressed in response 2, above. Given this arrangement does not pose a potentially significant safety hazard or transportation impact, there is no compelling safety reason to route the trail to avoid the County Park by locating it adjacent to U.S. Highway 101. Further, such an alignment would not meet the intent of the proposed trail or best serve the wide range of expected trail users.
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The proposed trail is not intended to be solely a cyclist trail connecting cyclists from Carpinteria Avenue to the Pacific Coast Bikeway. Rather, the proposed trail is envisioned as a multi-use trail that will benefit multiple user groups, including pedestrians, beach goers, park visitors, and walkers/hikers, tn addition fo cyclists.
By routing the trail on the ocean side of the ridge, as currently proposed, the trail presents a safe, attractive, convenient and pleasant alternative to the public's current practices of trespassing through the UPRR rail corridor and/or using the unprotected shoulder of U.S. Highway 101 to travel between the Rincon area and the City of Carpinteria. A new trail routed along U.S. Highway 101 may better serve dedicated cyclists, but is unlikely to best fit the needs of the other expected trail user groups. Routing the trail on the coastal side of the ridge also meets the intent of the CCT, to place the trail as close to the coastline as feasible, affording highly scenic views of the Pacific Ocean, Santa Barbara Channel, the Carpinteria Bluffs and the Santa Ynez Mountains.
Staff has also prepared a comprehensive point-by-point response to all of the statements raised in the respective appeals. This comprehensive appeals response is included with this report as Attachment H.
For the reasons explained above, staff believes the filed appeals do not successfully demonstrate that the decision of the Planning Commission was not in accord with the purposes of the City's Zoning Code or that there was an error of discretion by the Planning Commission. (CMC S 14.78.040(3) ) Therefore, staff recommends the Council deny the appeals, thereby upholding the Planning Commission's decision to accept and certify the project EIR and grant a CUP and CDP for the portion of the trail located in the City's jurisdiction.
POLICY CONSISTENCY
General Plan/Coastal Land Use PIan
Completion of the Rincon Trail achieves several key Circulation Element and Open Space/Recreation/Conservation Element objectives and policies of the City's General Plan/Coastal Land Use Plan that specifically call for improvement of alternative transportation infrastructure and enhanced public trail and coastal access opportunities, including specific references to a public trail connection between the City of Carpinteria and Ventura County. Relevant objectives and policies include, but are not limited to:
Objective C-6: Provide adequate safe railroad crossings and to effectuate community design of buffers that will attenuate rail-related noise.
Policy G-8a: lntegrate the development of bicycle routes and pedestrian pathways in additional areas of the city, and encourage the utilization of such routes for commuting as well as recreational purposes.
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Policy G-8h: Encourage a bike trail tink from Carpinteria to Summerland along the railroad right of way and a coastal tink to ventura paralteting u.s. 101.
Policy OSC-{4a: lncrease coastal and recreationataccess for atl segments of the population, including the disabled and elderly, white protecting nalurat re so u rce s, p a ft i c u I a rly e nv i ro n m e nta I I y sensrfive h a b itat a re a s.
Obiective OSC-15: Maintain the existing trait system and provide additionat recreation and access opportunities by expanding the trait system. o OSG-I5-lmplementation Policy 70: Continue the devetopment of a coasline trailto extend from Carpinteria City Beach to Rincon Beach Park with vertical access points placed as frequently as possrb/e to encourage public access.
Likewise, the project has been designed to be consistent with all relevant resource protection policies of the City's General Plan/Coastal Land Use Plan. A comprehensive analysis of the project's consistency with all applicable General Plan/Coastal Land Use Plan objectives and policies is included in the Ja nuary 18,2022 Planning Commission staff report, which is included with this report as Atta nt B T ra n s po rtatio n Co rri d o r Wetl an d Ove rt av D i stri ct Completion of the Rincon Trail would achieve one of the required development standards of the City's Transportation Corridor Wetland Overlay ("TCWO") District, which was adopted specifically to accommodate the projects aisociated with the US Highway 101 widening and interchanges reconfiguration projects currenfly undenruay.
Completion of two regionally important atternative transportation projects iRincon Tiail; and Santa Claus Lane Trail) are required as a "balancing" provision io offset unavoidable coastal resource impacts to wetlands and prime agricultural soils resulting from the US Highway lol widening projects in the carpinteria irea.
Completion of the Rincon Trail also is a condition of approval for the City's approval of the Linden Avenue and Casitas Pass lnterchanges and Via Real Extension pioject (No. 09-1522-CUPICDP) and Local Coastal Plan Amendment (LCP-4-CPN-15-OO1A-f l, which was required as a balancing provision to offset unavoidable wetland impacts through completion of two regionally important alternative transportation projects to increase access to coastal resources for the public. The LindenAvenue and Casitas Pass lnterchanges and Via Real Extension Project was conditioned to require completion of the Rincon Trail prior to completion of the interchanges reconfiguration work. While the timing requirement will not be met due to unforeseen delays iesulting from project redesign, the intent of the required condition would be achiev6O Oy completion of the Rincon Trail project.
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California Coastal Trail
The California Coastal Trail ("CCT') is "an interconnected public trail system being developed along the California coastline that will span over 1,230 miles from Oregon to Mexico." The CCT is "desrgned to make the coast more accessib/e, foster appreciation and stewardship of the scenic and natural resources of the coast, provide recreational opportunities, and encourage non-motorized transportation. The CCT is developed as c/ose to the ocean as possib/e , and where feasible, within sight, sound, and smell of the ocean."7
ln Carpinteria, portions of the primary CCT route are in place through the Carpinteria Bluffs area and again from Rincon Beach County Park to points south. The proposed Rincon Trail (along with the separate Rincon Bluffs Preserve trail network project currently in the planning stage) would fill in a critical missing gap in the local segment of the CCT. The proposed trail alignment and design has been developed in a manner that is consistent with the vision for the CCT as articulated in Senate Bill 908.
FINANCIAL CONSIDERATIONS
Appeals Process
Due to the project's location within the CA Overlay District, no appealfees are required to accompany the filing of an appeal. As such, all staff and consultant time spent preparing for the appeal hearing is billed to the project. ln this case, ultimate financial responsibility for delivering the project lies with Caltrans, with project funding administered on their behalf through the Santa Barbara County Association of Governments ("SBCAG").
Proiect Fundinq
Completion of the Rincon Trail project is a condition of approval required of Caltrans as part of the Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension Project (Project 09-1522-CUPICDP). SBCAG is responsible for administering the funds for the project on behalf of Caltrans as part of the larger suite of U.S. Highway 101 improvements underway in the region. SBCAG is the recipient of an Active Transportation Program ("ATP") grant that was intended to pay for design, permitting and construction of the project. However, delays due to the need for a project redesign and related permitting/environmental review revisions have threatened the ability to deliver the project within the timeframe allotted by the ATP grant. Potential for additional delays related to appeals further reduce the likelihood of having a construction-ready project by the grant deadline. Significant increases in materials and construction costs have also far exceeded the awarded grant amount, necessitating the sourcing of additional funding for construction.
7 California Coastal ConservancV QO22) California Coastal lrall. Retrieved March 22,2022 from www. scc. ca. qov/projects/Ca liforn ia-coasta ltra i l/ 23930525.6
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ln light of the uncertainty to deliver the project on time and estimated cost overruns, the SBCAG Board voted at their January 20,2022 meeting to fund the remaining "preconstruction" work needed to advance the project to a state of "construction ieadiness" and defer action on the commitment of construction funding until all necessary permitting and environmental clearances have been completed. More than likely, this will mean Caltrans/SBCAG will need to fund construction costs from other sources, including pursuing grant funding in future ATP cycles or from other funding programs.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Project opponents have made previous verbal and written threats of additional appeals and/or legal challenges if the City continues fonrvard with certification of the EIR and approval of the CUP/CDP for the project as presently descr.ibed. Subsequent appeals or legal challenges of the City Council's actions on the project would follow one, or more, of the following processes:
Coastal Appeals ("CA"t Overlay District
The subject property is located in the appeals jurisdiction of the California Coastal Commission ("CCC") as shown on the CCC's "Post-LCP Certification and permit and Appeal Jurisdiction" Map, and is therefore subject to the requirements of CMC S 14.4g, CA CoastalAppeals Overlay District, and the appeals procedures ouflined in CMC S14.78.050, Appeals to the Coastal Commission. For projects located in the CCC's appeals jurisdiction, the City's final local action shall be appealable to the CCC. Appeals may be filed by the applicant, an "aggrieved person," as defined in CMC $ 14.08.020, or by any two members of the CCC. Appeals must be filed within the 10-worfing Oay appeal period, which commences following receipt by the CCC of notification of the City's final local action. The grounds of appeal for any development appealable under this section shall be.limited to findings that the development is not in conformity with the City's certified Local Coastal Program ("LCP'). There ls no required filing fee for appealing a final local action to the CCC.
lf the project is appealed to, or by, the CCC, the City's final local action will be held in abeyance until the pending appeal has been resolved with the CCC. The CCC could find that the project raises no substantial issues, in which case, the appeal would not be heard at a public hearing, and the City's final local action would stand.'lf, on the other hand, the ccc finds there to be one or more substantive issues, based on inconsistencies with the City's certified LCP, the appeal would be scheduled for a future public hearing in front of the CCC. An action taken by the CCC as part of such an !P_O_eal hearing would supersede the City's final local action. ln such a scenario, the CCC could require further changes to the proposed project description and/or mitigation measures that are found to be necessary in order to ensure consistency with the City's certified LCP and the California CoastalAct.
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Environmental I m pact Report Certification
Following certification of the ElR, the City must file a Notice of Determination ('NOD') with the County Clerk of the Board, accompanied by the required filing fees, within five days of project approval. The County Clerk must then publicly post the NOD within twenty-four hours of receipt. Posting the NOD starts a thirty-day statute of limitations period for parties intending to challenge the City's decision under CEQA.
Countv of Santa Barbara Permittinq
Following certification of the ElR, the County of Santa Barbara, acting as a Responsible Agency under CEQA, must rely upon the certified EIR in the consideration of the required Development Plan, Conditional Use Permit, and Coastal Development Permit for the portion of the trail located in the County of Santa Barbara's jurisdiction. Similar to the City's permit process, a decision of the County Planning Commission on the subject project can be appealed to the County Board of Supervisors. Likewise, the final local action by the County can be appealed to the CCC.
OPTIONS
The Council can:
Decide to deny the appeal, thereby affirming the Planning Commission's decision (staff's recommendation); or
Decide to approve the appeal, thereby overturning the Planning Commission's decision; or
Decide to conditionally approve the appeal, thereby modifying the Planning Commission's decision.
PRINCIPAL PARTIES EXPECTED AT MEETING
Karl Cameron, appellant
Santa Barbara Soaring Association ("SBSA") members, appellant Stan Barankiewicz, legal counsel for SBSA
Helen O'Neill, appellant
Matt Roberts, Parks and Recreation Director, applicant
John llasin, Public Works Director, project manager
Jonathan Leech, Dudek, project environmental consultant Fred Luna, SBCAG
David Emerson, Caltrans District 5
Jeffrey Lindgren, Santa Barbara County Parks Division
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ATT ENTS
Attachment A: Resolution No. 6111
o Exhibit 1: Findings for Approval
. Exhibit 2: Proposed plans
. Exhibit 3: Recommended Conditions of Approval
Attachment B: Staff report packet prepared for the January 18,2022 Planning Commission Meeting
Attachment C: Environmental lmpact Report
o Exhibit 1: Proposed Final Environmentar rmpact Report (Errata) o Exhibit 2; Draft Environmental lmpact Report
o Exhibit 3: Appendices
Attachment D: Planning Commission Action Letter dated January 20,2022 and adopted Planning commission Resolution No. pc-22-oo1
Attachment E: Adopted Minutes from January 18, 2022 Planning Commission hearing Attachment F: Public comment letters submitted to Planning Cohmission Attachment G: Filed appeals
o Exhibit 1: Karl Cameron Appeal
o Exhibit 2: Santa Barbara Soaring Association Appeal
r Exhibit 3: Helen O'NeillAppeal
Attachment H:
o Exhibit 1:
o Exhibit 2:
o Exhibit 3:
A nt l:
Attachment J
Reviewed by: D
(805) 755-4400,
ave Durflinger, City Manager
Comprehensive response to appeals
cA Department of conservation "well Finder" data for Apl 040g304947 Response to Dennis Pagen comment letter prepared by paolo Luzzafto-Fegiz, PhD, dated February 25,2O2Z
TKM Engineering Memorandum dated February 17,2022
"Notice of consent to Use Land" recorded by Rincon Bluffs Group, LLC Letter from county of santa Barbara parks Department concerning soaring activities in County Parks
Staff contact: Nick Bobroff, Principal planner
(805) 7 55-4407 [email protected]. us
Reviewed by: Steve Goggia, Director
Community Development Department
(805) 7 55-441 4, steves @d. ca rpinteria. ca. us
s
23930525.6
daved .carointeria ca.us
Attachment A
Resolution No. 6111
Rincon Trail Project Appeal
19-2015-CUP/CDP
City Council Hearing, March 28, 2022
23930505.3
RESOLUTION NO. 6111
Rincon Trail Project Appeal
March 28, 2022
RESOLUTION NO. 6111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA DENYING THE APPEALS OF THE PLANNING COMMISSION’S DECISION, AND AFFIRMING THE PLANNING COMMISSION’S ADOPTION AND
CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE RINCON TRAIL PROJECT; AND APPROVAL OF THE
CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT 19- 2015-CUP/CDP TO ALLOW THE CONSTRUCTION OF THE 850-FOOT
SEGMENT OF THE CLASS I MULTI-USE PATH LOCATED IN THE CITY OF
CARPINTERIA
WHEREAS, in October 2015, the California Coastal Commission certified City of Carpinteria Local Coastal Plan Amendment (LCPA) LCP-4-CPN-15-0018- 1 / City Project 09-1522-LCPA/ORD to establish the Transportation Corridor Wetland Overlay (TCWO) District, which required completion of the 2,800-foot class I multi-use path between the east end of the City of Carpinteria and Rincon Beach County Park (“Rincon Trail Project”) as a condition of approval for the Linden Casitas Interchanges and Via Real Extension Project, as a balancing provision to offset unavoidable wetland impacts through completion of one of two regionally important improvements to alternative transportation modes for the purpose of increasing access to coastal resources for all members of the public; and
WHEREAS, the City of Carpinteria Planning Commission previously certified a Mitigated Negative Declaration (MND), and considered and approved a Conditional Use Permit and Coastal Development Permit for an earlier iteration of the Rincon Trail Project in May 2015; and
WHEREAS, in May 2017, the previously granted entitlements for the Rincon Trail Project expired due to failure to initiate construction within the allotted two-year timeframe from project approval because construction drawings and specifications were still in development; and
WHEREAS, a new application for a Conditional Use Permit and Coastal Development Permit filed by Matt Roberts, City of Carpinteria Parks and Recreation Department, was submitted to the City on October 17, 2019 to allow for the construction of the 850-foot segment of the Rincon Trail Project which runs through the City of Carpinteria; and
WHEREAS, the current application was subsequently deemed complete and accepted by the City as being consistent with the applicable submittal requirements on November 15, 2019; and
23930505.3
RESOLUTION NO. 6111
Rincon Trail Project Appeal
March 28, 2022
WHEREAS, the Planning Commission accepted and certified a Subsequent Mitigated Negative Declaration (SMND) for the project in January 2020; and
WHEREAS, the acceptance and certification of the SMND by the Planning Commission was appealed to the City Council, and while the appeal was never taken up by the City Council, in September 2020 the Council directed staff to proceed with the preparation of an Environmental Impact Report (EIR) in order to allow for a more in-depth analysis of key issue areas identified during consideration of the SMND; and
WHEREAS, in response to direction received from the City Council, and in accordance with the California Environmental Quality Act (CEQA), an EIR dated December 2021 was prepared for the Rincon Trail Project, and was noticed and subject to public review as required under CEQA; and
WHEREAS, the City of Carpinteria Architectural Review Board considered the proposed project at their October 28, 2021 meeting wherein the project was recommended for preliminary approval; and
WHEREAS, the Planning Commission conducted a public hearing on January 18, 2022 and reviewed and considered the application for the Conditional Use Permit and Coastal Development Permit and EIR, together with any comments received during the public review process and the entire administrative record (to that date), including supporting staff reports, exhibits and appendices prepared for the public review process; and WHEREAS, the City of Carpinteria Planning Commission accepted and certified the EIR prepared for the Rincon Trail Project as having fulfilled all procedural and statutory requirements of CEQA; and approved the Conditional Use Permit and Coastal Development Permit for the project at their January 18, 2022 hearing; and
WHEREAS, three separate appeals of the Planning Commission’s acceptance and certification of the EIR, and granting of the Conditional Use Permit and Coastal Development Permit to the City Council were filed with the City Clerk prior to the close of the 10-day appeal period; and WHEREAS, the Community Development Director has provided public notice of the intent of the City Council to consider the appeals; and WHEREAS, the City Council has reviewed and considered the application for the Conditional Use Permit and Coastal Development Permit and EIR, together with any comments received during the public review process and the 23930505.3
RESOLUTION NO. 6111
Rincon Trail Project Appeal
March 28, 2022
entire administrative record, including supporting staff reports, exhibits and appendices prepared for the public review process; and
WHEREAS, the City Council has conducted a public hearing and received evidence regarding the EIR and application for the Conditional Use Permit and Coastal Development Permit; and
WHEREAS, the City Council has reviewed the policies of the General Plan/Coastal Land Use Plan and the Zoning Code standards that are relevant to the Rincon Trail Project.
NOW THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference.
SECTION 2. The appeals filed by: 1) Karl Cameron; 2) Stan Barankiewicz of Orbach Huff & Henderson LLP, on behalf of the Santa Barbara Soaring Association (“SBSA”); and 3) Helen O’Neill are hereby denied; thereby affirming the Planning Commission’s decisions to certify the EIR and to approve the Conditional Use Permit and Coastal Development Permit for the Rincon Trail Project, making the Findings outlined in Exhibit 1.
SECTION 3. The City Council affirms the Planning Commission’s decision to accept the EIR prepared for the Rincon Trail Project and certify it as having satisfied the requirements of CEQA.
SECTION 4. As required by law, the City Council has noticed and held a public hearing and has reviewed and considered the EIR, together with any comments received during the public review process and the entire administrative records, including supporting staff reports, exhibits and appendices prepared for the public review process before the Architectural Board of Review, Environmental Review Committee, Planning Commission and the City Council.
SECTION 5. The City Council finds that the EIR reflects the City of Carpinteria’s independent judgment and analysis.
SECTION 6. The City Council affirms the Planning Commission’s selection of Alternative 3, Steeper Slopes/Reduced Earthwork Alternative, as the preferred project in the EIR.
SECTION 7. The Conditional Use Permit and Coastal Development Permit for the project shown in Exhibit 2 are approved subject to the conditions of approval set forth in Exhibit 3.
23930505.3
RESOLUTION NO. 6111
Rincon Trail Project Appeal
March 28, 2022
PASSED, APPROVED AND ADOPTED this 28
th day of March 2022, by the
following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN COUNCILMEMBER(S):
___________________________
Mayor, City of Carpinteria
ATTEST:
____________________________
Brian C. Barrett, 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 March 28, 2022 ____________________________
Brian C. Barrett, 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
Attachment A
Exhibit 1: Findings for Approval
Rincon Trail Project Appeal
19-2015-CUP/CDP
City Council Hearing, March 28, 2022
23930504.3
City Council Findings, Resolution No. 6111
Rincon Trail Project Appeal
March 28, 2022
CITY COUNCIL HEARING
APPEAL OF PLANNING COMMISSION’S APPROVAL OF
THE RINCON TRAIL PROJECT
PROJECT 19-2015-CUP/CDP
MARCH 28, 2022
EXHIBIT 1: FINDINGS FOR APPROVAL
FINDINGS PURSUANT TO GOVERNMENT CODE, LOCAL COASTAL PLAN, GENERAL PLAN, AND TITLE 14 OF THE CARPINTERIA MUNICIPAL CODE
1.0 Administrative Findings
The City Council hereby incorporates by reference as though set forth in full all staff reports and attachments thereto presented to the City Council, City Planning Commission, City Environmental Review Committee, Architectural Review Board and all comments made or received either orally or in writing at the public hearings on this project and the associated Environmental Impact Report.
1.1 Procedures
Pursuant to the California Coastal Act, the Administrative Regulations of the California Coastal Commission and the City of Carpinteria’s (“City”) Local Coastal Program, the City Council finds that the process for public review of the subject Local Coastal Development Permit has been properly conducted as follows:
a. An application for a Conditional Use Permit and Coastal Development Permit was submitted on October 17, 2019, and deemed complete and accepted by the City as being consistent with the applicable submittal requirements on November 15, 2019.
Said application and all related material have been available for public review at City offices since the date of submittal.
b. The project has been reviewed by the City’s Architectural Review Board at a duly noticed public hearing which included, but is not limited to, mailed notice to all property owners within 300 feet of the subject property and residents within 100 feet of the property.
c. The proposed project was evaluated and found to conform to the applicable zone districts and to be consistent with the City’s Coastal Land Use Plan, the Interpretive Guidelines of the California Coastal Commission and the California Coastal Act. d. The project was reviewed and approved by the City’s Planning Commission at a duly noticed public hearing which included, but is not limited to, mailed notice to all property owners within 300 feet of the subject property, residents within 100 feet of the property and publication in the local newspaper, the Coastal View News. 23930504.3
City Council Findings, Resolution No. 6111
Rincon Trail Project Appeal
March 28, 2022
e. Three separate applications for an appeal of the Planning Commission’s decision to approve the project were submitted on January 28, 2022 consistent with the applicable submittal requirements. Said applications and all related materials have been available for public review at City offices since the date of submittal. f. The appeals of the Planning Commission’s decision have been reviewed by the City Council at a duly noticed hearing which included, but is not limited to, mailed notice to all property owners within 300 feet and all occupants within 100 feet of the subject property and publication in the local newspaper, The Coastal View.
1.2 California Environmental Quality Act
California Environmental Quality Act (“CEQA”) findings pursuant to CEQA (California Public Resources Code Sections 21081, 21081.6) and State CEQA Guidelines (Title 14 of the California Code of Regulations, Sections 15090, 15091, 15092, 15097):
a. The Environmental Impact Report (“EIR”) dated December 2021 was presented to the City Council and all voting members of the City Council have reviewed and considered the EIR prior to approving this project. The EIR reflects the independent judgment of the City Council and is adequate for this proposed project. b. The City Council finds and certifies that the EIR dated December 2021 constitutes a complete, accurate, adequate and good faith effort at full disclosure under CEQA.
The City Council further finds and certifies that the EIR has been completed in compliance with CEQA.
c. The City Council selects Alternative 3, Steeper Slopes/Reduced Earthwork Alternative from among the Proposed Project and Alternatives 1-4 as the preferred project, finding that it meets the project objectives and results in the fewest and least severe impacts to the environment.
d. The documents and other materials which constitute the record of proceeding upon which this decision is based are in the custody of the City of Carpinteria City Clerk located at 5775 Carpinteria Ave, Carpinteria, CA.
e. Adoption of Environmental Reporting and Monitoring Program. The project description, and conditions of approval, with their corresponding permit monitoring requirements, are hereby adopted as the reporting and monitoring program for this project to ensure compliance during project implementation. f. Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that design features incorporated as part of the project description and mitigation measures applied as conditions of project approval would result in the avoidance or reduction to insignificant levels of the following environmental impacts identified in the EIR. 23930504.3
City Council Findings, Resolution No. 6111
Rincon Trail Project Appeal
March 28, 2022
These findings are supported by substantial evidence in the record, including the EIR dated December 2021, associated appendix materials, and the administrative record. The EIR identified the potential for Class II, significant but mitigable impacts in the areas of Aesthetics, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Tribal Cultural Resources, and Utilities and Service Systems. i. Aesthetics: U.S. Highway 101 in the project area is identified as being eligible for scenic highway designation. Additionally, both City and County of Santa Barbara (“County”) planning regulations reflect a high concern for protecting visual resources along U.S. Highway 101 in the project area, as well as protecting public views from the project area towards the ocean and mountains. The project would result in visual changes to the area, introducing new human-scale activity from trail users, as well as physical alteration of the area primarily associated with the removal of existing vegetation, earthwork and grading, the construction of the new bridge over the Union Pacific Railroad (“UPRR”) crossing, and fencing and barriers along the proposed path alignment. Trail features have been designed to be visually subordinate to the setting, but due to the high scenic value of the area, potentially significant aesthetic impacts may result. Temporary construction activities, such as staging areas and clearing of vegetation, may also degrade the visual quality of the project area.
With the incorporation of the following mitigation measures as project conditions of approval, all impacts would be reduced to a less than significant level. Measure AES-1 requires the project to be reviewed and approved by both the City Architectural Review Board and the County Board of Architectural Review to ensure all project elements reflect quality design and are appropriate for their setting. Measure BIO-5 requires the development and implementation of a Habitat Mitigation and Monitoring Plan, prepared by a qualified biologist, to mitigate for impacts to ESHA vegetation communities.
The Plan may include in-kind on-site restoration of impacted areas, and enhancement/restoration of degraded or disturbed areas adjacent to the impacted areas. A total of 4.32 acres of impacts to ESHA vegetation communities will be required to be mitigated at replacement ratios ranging from 2:1 to 4:1, depending upon the habitat types impacted. To the extent feasible, restoration will occur onsite, and any additional mitigation required shall be carried out on areas within adjacent land controlled by the County or City.
ii. Biological Resources: Construction of the trail project would require removal of ESHA vegetation communities that provide potential habitat for two special status species: California legless lizard and San Diego desert woodrat.
Construction activities could result in injury or mortality to these special status species, which would be potentially significant absent mitigation. 23930504.3
City Council Findings, Resolution No. 6111
Rincon Trail Project Appeal
March 28, 2022