Carpinteria City Council
April 25, 2022

3.6.11. Incident Response Measures. Strategies such as COZEEP and freeway service patrol.

3.6.12. Alternative Transportation and Transportation Demand Management (TOM).

Incentives and other measures to increase use of alternative modes of transportation, flexible hours and TOM.

3.6.13. Coordination and Reporting. A program for ongoing reporting and coordination with the City and other affected agencies throughout construction.

3. 7. Long-Term Impact Mitigation Measures: Applicant shall submit the following information describing long-term mitigation measures required in the EIR and Addendum and/or included in the Project Description:

3.7.1. Parks and Recreation. [ElR Mitigation 2.1.1.4]
• Public access to Carpinteria Creek Park shall be provided from the proposed extension of Via Real.
• The Class I bicycle path shall be replaced with an Americans with Disabilities Act (AD/\) compliant bicycle path.
• When the Class l bicycle path requires closure, Caltrans shall provide a minimum seven-day public notice of the closure and designated detour routes.

3.7,2. Population Relocation. fElR Mitigation 2.1 J. l l • Adequate replacement housing shall be made available to relocate all permanently displaced residents within the community.

3.7.3. Natural Communities [ElR Mitigation 2.3.lj
• Calrrans shall comply with regulatory agencies' recommendations. • Environmentally Sensitive Area (ESA) fencing shall be installed to limit construction activities and protect biological habitats of concern.

Proposed ESA fencing shall be established at all wetlands, riparian areas, oak tree areas and all areas of wildlife habitat in order to avoid; minimize and reduce potential impacts to biological resources. ESA fencing locations shall be determined in the Plans Specifications and Estimates (PS&E) phase of lhe project. [Addendum Mitigation]
• All oaks and native trees and shrubs that will remain in the project vicinity shall be delineated on plans and fenced in the field as environmentally sensitive areas.
• To comply with the Migratory Bird Treaty Act, if an active bird nest i found in the work area, a buffer area shall be identified and delineated in the field (e.g., using stakes, flagging or equivalent) until nesting activity has ceased. The buffet· established around the active nest shall have a radius 0150 to 100 feet. as determined by the City Biologist.

Conditions of Approval

• Revegetation shall occur in disturbed areas.
• Replacement planting of riparian trees greater than four inches diameter at breast height (dbh) shall be at a 3: l ratio.
• Removal of a remaining root ball of invasive giant reed iArundo donax) on the north bank of Carpinteria Creek within and adjacent to the property at 1212 Casitas Pass Road shall be included as part of this project. • Oak replacement plantings shall be at a l 0: l ratio at one gal Ion size for each oak tree greaterthan four inches diameter at breast height (clbh) removed during construction. A reduced ratio of3:l may be used for 15- gallon size replacement trees.
• Tree and vegetation removal shall be scheduled from September 2 through February 14 to avoid nesting birds, if possible. If vegetation removal must occur during the nesting season (February 15 - September J ), a qualified biologist shall conduct surveys no more than 14 days prior to removal to ensure no nests are present or have been vacated.
• Removal of ornamental/landscape and non-native trees shall require replacement at a ratio of 1: I using native trees.
• Both riparian trees and oak trees shall have a three-year plant establishment period.

3.7.4. Wetlands and Other Waters
Applicant shall submit detailed restoration plans which shall achieve mitigation of project impacts on biological habitat areas at the following minimum ratios, in accordance with the development standards contained in the Transportation Corridor Wetland Overlay District (CMC §14.45.030.3). Adverse direct impacts shall be mitigated at a ratio of 4: 1 for natural wetland areas, including salt marsh and wetlands associated with creeks. Adverse direct impacts to riparian habitats shall be mitigated al a ratio on: 1, Adverse direct impacts to created wetlands (low functioning wetlands associated with freeway infrastructure) shall be mitigated at a ratio of 3: l. Indirect impacts to wetlands, such as development in wetland buffer areas, shall be mitigated by enhancing (e.g., invasive species removal, native screening vegetation, planting appropriate. native species, water quality improvement, sound reduction) all portions of the remaining (undeveloped) wetland butler area within I 00 foet of the impacted wetland. Temporary direct and indirect impacts to wetlands and riparian habitat shall be mitigated at a ratio of l: 1. • The project shall incorporate environmentally sensitive area fencing; diversion shall be restricted to June I and October 31; cofferdam construction is required. f blR Mitigation 2.3.TI
Conditions of Approval

Restoration of 0.059 acre (2,570 square feet) of wetlands and 0.272 acre/11,761 square feet of federal other waters shall be conducted. [EIR Mitigation 2.3.2)

3.7.5. Animal Species [EIR Mitigation 2.3.4)
• Caltrans shall comply with regulatory agencies' recommendations. • Environmentally Sensitive Area fencing shall be installed prior lo beginning construction and depicted in the final design layout plans. • Bird nests exclusionary methods shall be employed at the US 10 I Carpinteria Creek Bridges prior to and during construction.

3.7.6. Steelhead Trout [EIR Mitigation 2.3.5]
• Applicant shall comply with regulatory agencies' recommendations. • Construction within or adjacent to Carpinteria Creek shall only take place during low flow conditions between June I and October 31 to avoid migrating steelhead trout.
• Following water diversion installation, any remaining fish within the area to be dewatered shall be removed using a seine and dip nets. Any steel head trout encountered during the seining of the dewatered area shall be relocated to a suitable location in Carpinteria Creek. • Soil exposed as a result of the project shall be revegetated using native hyclroseeding or live planting methods.

Applicant shall grade and contour the slope and surrounding area of the creek bed to widen the channel, per project plans, and restore habitat in and around Carpinteria Creek.
• Applicant shall remove the at-grade concrete bike and pedestrian crossing over Carpinteria Creek to create a free-flowing and natural channel bottom.
• A 3: 1 areal replacement ratio shall be employed for all riparian vegetation (other than riparian trees) removed.
• Removal of a remaining root ball of invasive giant recd (Arundo donax) on the north bank of Carpinteria Creek within and adjacent to the property at 1212 Casitas Pass Road shall be included as part of this project. • Applicant shall consult with National Oceanic and Atmospheric Administration Fisheries under Section 7 of the Endangered Species Act and comply with all requirements of the Biological Opinion. • Fish passage shall be maintained during and after construction. • Applicant shall obtain a Construction General Permit under the existing Caltrans National Pollution Discharge Elimination System Permit (WQO 20I2-0011 DWQ) from the State Water Resources Control Board.

Conditions of Approval

3.7.7. Tidewater Goby [E1R Mitigation 2.3.5]
• Applicant shall comply with regulatory agencies' recommendations. • The window of work for construction within or adjacent to Carpinteria Creek and Franklin Creek shall be during the low flow period between June 1 and October 31.
• Only qualified personnel authorized under the Biological Opinion shall participate in activities associated with the capture, handling and relocation of tidewater gobies, The names and credentials of personnel who will conduct these activities shall be supplied to the US Fish and Wildlife Service for review and approval at least 30 days prior to the onset of these activities.
• Pump intakes shall be completely screened with wire mesh no larger than three millimeters.

If present during the de-watering effort, as many tidewater gobies as possible shall be removed prior to draining the site. After barriers are constructed, tidewater gobies shall be captured, transported in buckets and released in the most appropriate habitat immediately adjacent to the dewatered area. If a beach seine is used, it shall be pulled to shore in a deliberate manner with care being taken lo avoid rolling the lead line inward. The number of tidewater gobies shall be estimated prior to release. All debris and aquatic and emergent vegetation in the pumped area shall be carefully inspected for tidewater gobies and other vertebrates.

As the work site is diverted, remaining pools shall be inspected foe tidewater gobies. As many individuals as possible shall be captured using dip nets and other appropriate tools and moved as described above.

Handling time for tidewater gobies shall be minimized.

In work areas that have been dewatered, water above the barrier shall be released or pumped downstream at an appropriate rate to maintain downstream flows during construction. Upon completion of construction activities, the barriers to flow shall be removed in a manner that will allow t1ow to resume with the least disturbance to the substrate.

Fish passage shal I be maintained during and after construction, Environmentally Sensitive Area fencing shall be installed prior to beginning construction and depicted in the final design layout plans.

Applicant shall restore the con tom, slope and surrounding area of the creek bed to pre-construction conditions or better outside of the area of Carpinteria Creek lo be widened.

Applicant shall consult with the U.S. Fish and Wildlife Service under Section 7 of the Endangered Species Act and shall comply with all requirements of the Biological Opinion.

Conditions of Approval

3.7.8. Western Pond Turtle and Two-striped Garter Snake [Addendum Mitigation] • Applicant shall comply with regulatory agencies' recommendations. • Prior to construction, a City-approved biologist shall survey the ADI and, if present, capture and relocate any western pond turtles or two-striped garter snakes to suitable habitat downstream of the project area. • Observations of Species of Special Concern (SSC) or other special status species shall be documented on CNDDB forms and submitted to CDFW upon project completion.
• If these species or other SSC aquatic species are observed during construction, they shall likewise be relocated to suitable downstream habitat by a City-approved biologist.

3.7.9. Invasive Species [EIR Mitigation 2.3.61
In compliance with ~xecutive Order l3 l 12 Non-Invasive Species and subsequent guidance from the Federal Highway Administration, landscaping and erosion control shall not use species listed as noxious weeds.

In areas of particular sensitivity, extra precaution shall be taken if invasive species are found in or adjacent to construction areas. These include the inspection and cleaning of con .truction equipment and eradication strategies to be implemented should an invasion occur.
• Invasive species shall be removed within the project footprint including sticky snakeroot (Ageratina adenophora), sweet fennel (Foeniculum vulgare) and bristly ox-tongue tHelminthctheca echioides). [Addendum Mitigation]

3. 7.10. Visual/ Aesthetics [ETR Mitigation 3.3]
All new lighting in the vicinity of the residential neighborhoods north of US IO I shall be minimized to reduce excess light and glare. • Sufficient area shall be designated for landscaping.
• Landscaping shall be included at retaining walls, sound walls, roundabouts and medians.
• Aesthetic treatments and design shall be integrated into all new bridge structures.
• Trees or large shrubs shall be planted at the bridge abutments. Street. trees shall be included along all new local roads.
• Planting shall be included along Via Real in the vicinity of the Ogan property at APNs 003-161-003 and -0 l I.

Native vegetation planting shall be included in the vicinity of the Via Real/Carpinteria Creek bridge and the bicycle path.

Conditions of Approval

The US I 01/Carpinteria Creek bridges and the Via Real/Carpinteria Creek bridge shall include open-style bridge rail.

Any existing median planting removed or damaged shall be replaced in the median, to the greatest extent possible.

All paving and base material shall be removed, the earth shall be ripped or scarified, and topsoil placed and made ready for planting.

Yellow barrel-type crash cushion end treatments shall not be permanently installed but may be used during construction.

Utility Undergrounding. To preserve and enhance views, existing aerial utility lines in conflict with the project shall be removed or relocated underground and/or in bridge structures at the Linden A venue and Casitas Pass Road overcrossings and at Vallecito road at US 101.

3.7.11. Hazardous Waste. Applicant shall submit hazardous waste/materials investigation reports and evidence of compliance with applicable regulatory requirements for any clean-up and/or disposal of hazardous materials to the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) for review. This same information shall be submitted to Community Development with comments from DTSC for City •
review.

3.7.12. Road Surfacing. Applicant shall submit information demonstrating how road surfacing specified for the project will reduce vehicle noise and vibration impacts.

3.7.13. Agriculture Resources.
• Prior to commencement of construction, applicant shall provide funding for the Agriculture Preservation Program in the amount of $538,947 to the City of Carpinteria to be placed in an escrow account and distributed for the implementation of the Program. The applicant shall also transfer to the City, as a single legal parcel, the remaining portion of the former Whitney property not developed with transportation improvements at the time of completion of the Casitas Pass Road Interchanges and Via Real Extension. A permanent agriculture easement shall be placed on the property prior to or at the time of transfer to the City. • Caltrans shall furnish to the City of Carpinteria the LAFCO application fee for the request to remove two agricultural parcels which are currently included in the City's Sphere of Influence on Via Real (APN 001-080-033 and APN 001-180-026).

3.7.14. Storm water Quality.
• Applicant shall submit plans and information demonstrating compliance with the post-construction coastal water quality standards contained in Conditions of Approval

Carpinteria Municipal Code Section 14.45.030.5, the Transportation Corridor Wetland Overlay District.
• Revegetation shall occur for disturbed areas along creeks. Work in the creekbed shall be performed during the dry season. Contractor shall comply with Storm Water Pollution Prevention Plan.

3. 7 .15. Coastal Access and Recreation.
• Applicant shall com lete construction of the Rincon Trail as described in the Mitigated Ne alive Declaration gre ared by City for the project and as depicted in the City Planning Commission May 4 2015 approval of Project 15-1760-CUP/COP and subject to approval by the County or Santa Barbara and California Public Utilities Commission. This requirement for a licant to complete the trail shall not be contingent on any other factors or conditions such as, but not limited to applicant's ability to secure funding from outside sources. While construction and completion of the trail remains the a plicant's sole responsibility, Cit, Count , SBCJ\G and Caltrans commit 10 continuin to work cooperatively to complete construction of the Rincon Trail. l f the Rincon Trail cannot be completed along the route described in the Mitigated Negative Declaration dated May 4, 2015 applicant shall provide an alternative route. The trail shall be o en to the public rior to completion of the Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension.

Prior to issuance of a Grading Permit a 2JJlicant shall submit lo tile City for review and a roval a construction schedule setting forth key tasks to be com Ictcd and deadlines to complete such tasks to ensure the Rincon Trail is com leted and open to the oublic prior to completion of the Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension.

3.7.16. Noise/Soundwalls,
• Soundwalls shall be included in the project varying in height from eight feet to 12 feet. [EIR noise abatement technique 2.2. 7) • Applicant shall submit information demonstrating soundwall construction in the locations indicated in the project description and shown on the project plans, including length, height, surface materials and landscaping. • following completion of construction, including installation of the privacy wall between the Cameo Lane residences and agriculture parcel to the south, 24~hoLU' sound level measurements shall be performed in the rear yards of three Cameo Road residences. The verification sound level measurements are intended to confirm the conclusions of noise impact analysis performed for the EJR as well as the assumptions employed for design of the privacy wall.

Conditions of Approval

3.8. Mitigation Compliance, Monltoring and Reporting Requirement. Applicant shall submit to the Community Development Department a draft monitoring program for the mitigation measures identified in the Certified EIR, approved Project Description and Conditions of Approval for review and comment. A City-approved biologist and mitigation monitors responsible for permit compliance monitoring shall be retained and paid for by the applicant. The mitigation monitoring program shall include, but not be limited to:

3.8. 1. Mitigation Measures. A list of the project's mitigation measures.

3.8.2. Implementation of Mitigation. Timing and party responsible for implementation of each mitigation measure.

3.8.3. Mitigation Monitoring. Timing and party responsible for monitoring of each mitigation measure and a list of mitigation monitors to be retained.

3.8.4. Mitigation Reporting. Procedures, timing and responsible party for reporting to the City on project mitigation compliance and monitoring.

3.9. Biologist. A qualified biologist from the County of Santa Barbara approved consultants list of biologists (or other environmental professionals) shall be designated by the applicant. The biologist shall be responsible for ensuring compliance with the provisions of the Mitigation Monitoring and Reporting Program.

The biologist shall have authority over a11 other environmental monitors provided by the applicant. The applicant shall submit the name, contact information and qualifications of the biologist and obtain approval from the Community Development Director prior to commencement of construction.

3.10. Archaeologist and Native American Monitors. Applicant shall submit to the Community Development Department the names of archaeologists and Native American monitors for the project who are familiar and experienced with local archaeological conditions.

3. l l. Dust Control Plan. Applicant shall submit a Dust Control Plan that incorporates mitigation measures and includes complaint resolution procedures and a reporting structure, consistent with SBCAPCD requirements, for approval by the City.

4. Final Plans. Prior to final approval for project site preparation, earthwork or construction, applicant shall submit final project construction plans and the following, or evidence of completion of the following, for approval by the Community Development Director in consultation with the Public Works Director:

4.1. Hazurdous Materials Clean-Up/Remediation. Applicant shall submit evidence to Community Development verifying completion of required soil and/or groundwater clean-up or remediation in accordance with applicable regulations and approved plans and shall obtain DTSC approval of remediation completion.

4.2. Fire District/Sherif 's Office Notification. The Fire District and Sheriffs Office shall be contacted prior to ramp or lane closures and/or circulation alterations and restrictions. A final Traffic Management Plan (TMP) with projected dates including Conditions of Approval

closures and restrictions of ramps and lanes shall be provided to the Fire District and Sheriff's Office for review and approval prior to the commencement of construction.

4.3. Agency Cooperative Agreement. Prior to commencement of project construction, the applicant shall obtain City approval of an Agency Cooperative Agreement for the project.

4.4. Pre-Construction Conference. Prior to commencement of construction, a preconstruction conference shall be held by the Resident Engineer to include construction processes and environmental mitigation and monitoring. The conference shall include representatives from Public Works, Fire District, Sheriff's Department, Community Development, Project Engineer, Landscape Architect, Contractor and Subcontractoris), Biologist, Archaeologist and Mitigation Monitors.

5. Record Drawings. Upon completion of construction or the project, the applicant shall submit record drawings, stamped and signed by a registered civil engineer, to the City for review, approval and signature by the City Engineer. The record drawings ihall include, but not be limited to, all facilities that will be relinquished to the City including all traffic signal and electrical plans, roadway improvements drainage structures, soundwalls and the Via Real bridge over Carpinteria Creek.

6. Construction Mitigation .. The following measures shall be implemented by the applicant during project site preparation, demolition, grading and/or construction processes to mitigate environmental impacts. Mitigation monitoring and reporting shall be implemented in accordance with the City-approved plan.

6.l. Temporary Construction Staging Areas: Temporary staging of construction equipment and materials outside of the US 101 right-of-way shal I be restricted to locations approved by the Public Works Director. Staging areas shall be screened to the maximum extent feasible.

6.2. Traffic anti Parking. The Traffic Management Plan approved by Public Works shall be implemented by the applicant throughout project construction.

6.2.J. Detour routes shall be provided for all full closures. lEIR Construction Impact Mitigation]

6.2.2. The Traffic Management Plan shall include: Public Awareness Campaign - flyers, brochures, press releases, website and advertising as required to in form travelers of the project; a Construction Zone Enhanced Enforcement Plan (COZFEP); additional strategies for motorist information, incident management, construction, demand management and alternate routers); and temporary facilities such as changeable message signs as listed in the Cal trans Transportation Management Plan Guidelines. fEIR Construction Impact Mitigation]

6.3. Recreation Access. Vehicular, pedestrian and bicycle access to Carpinteria Creek Park shall be maintained to the maximum extent during construction. For short periods of time when direct vehicle access cannot be maintained, temporary parking Conditions of Approval

proximate to the park shall be provided along with a pedestrian route from the parking area to the park, When the park will be inaccessible to the public, applicant shall provide notification of closure no less than seven business days prior to such closure. Notification shall be in the form of posted notices at the entrance to the park and at the bike path entrances at Carpinteria Avenue and Via Real. Notices shall be hand-delivered to adjacent mobile home park residents.

6.4. Cultural Resources Mitigation. Applicant shall implement EJR mitigation measures and standard City monitoring and archaeological resource discovery procedures as identified in the City's archaeological guidelines. The following apply:

6.4.1. Construction Worker Notification. Prior to the start of any vegetation or paving removal, demolition, trenching or grading, contractors and construction personnel shall be alerted to the possibility of uncovering unanticipated subsurface archaeological features or artifacts associated with past human occupation of the project area, and procedures that shall occur in the event of discoveries.

6.4.2. Archaeological and Native American Monitors. Ground disturbance in areas sensitive for subsurface archaeological resources as identified in the ElR shall be monitored by a qualified archaeologist and Native American monitor.

Reports on monitoring shall be provided in accordance with the approved Mitigation Monitoring and Reporting Plan.

6.4.3. Discovery Procedures. If cultural resources are encountered, work shall be halted immediately in the vicinity of the find. The Biologist and Native American Heritage Commission shall be notified, a qualified archaeologist shall be consulted to evaluate the find, and mitigation measures shall be undertaken as necessary to avoid significant impacts in accordance with Public Resources Code Section 5097. 98. If the discovery potentially consists of human remains, tbe Santa Barbara County Coroner shall also be contacted.

Work in the area may only proceed after authorization is granted by the Biologisl.

6.5. Water Quality BMPs.

6.5.1. Temporary measures to protect water quality as required by an approved Storm Water Pollution Prevention Plan (SWPPP) shall include sediment control, soil stabilization; concentrated flow conveyance systems, scheduling of ground disturbance activities with respect to rainy season, preservation of existing vegetation, clear water diversion, dewatcring operations, wind erosion control, sediment tracking, solid waste management, materials handling, concrete waste management, vehicle and equipment operations, paving operations, stockpile management, water conservation practices, illegal connection or discharge detection and reporting, storm drain inlet protection and contaminated soil management.

6.5.2. There shall be storm water inspections both by the contractor and Caltrans during construction. The project shall be subject to the Cal trans General Conditions of Approval

Permit from the Regional Water Quality Control Board. Work in the creek bed shall be performed during the dry season (June I - October 31).

Contractor shall acquire SWPPP. [E1R Construction Impact Mitigation]

6.6. Hazardous Materials. Measures shall be implemented in the event of discovery of hazardous materials during project construction to ensure protection of the public, construction workers and environment from hazardous exposure and assessment and remediation of contamination in accordance with regulatory requirements and procedures, Any contaminated soil identified with the proposed project shall be transferred to an appropriate disposal site during construction. All procedures governing the handling or disposal of hazardous waste shall be in accordance with the appropriate regulatory agencies. California regulatory criteria for determining whether excavated soils are to be classified as hazardous waste for disposal purposes based on their metal content are contained in the California Code of Regulations, Tille 22, Division 4.5, Chapter 11, Article 3, Section 66261.24. [ElR Construction Impact Mitigation]

6.7. Air Quality Mitigatlon Measures.

6.7.l. Caltrans' Standard Specifications pertaining to dust control and dust palliative requirements are a required part of all construction contracts and should effectively reduce and control emission impacts during construction. The provisions of Caltrans Standard Specifications for Air Pollution Control require the contractor to comply with the more stringent of local or state rules, regulations and ordinances regarding air quality (Government Code § 11017).

The Standard Specifications also regulate dust control. California Health and Safety Code requires the contractor to keep visible dust from blowing offsite. [EfR Construction Impact Mitigation]

6. 7.2. A final dust control plan is required to be prepared by Cal trans and approved by Santa Barbara County Air Pollution Control District and shall include standard APCD construction-related control measures that mandate:
minimizing disturbed areas; watering of disturbed areas and stockpiles; stabilization and paving or disturbed areas; covering of trucks; and reduction of vehicle speed on unpaved construction areas. Con truction equipment and vehicles shall be maintained in proper tune and low sulfur fuel shall be used in construction equipment.

6.8. Noise and Vibration. Applicant shall implement mitigation measures identified in the ElR and Addendum as follows:

6.8.1. Construction Hours. Construction hours shall be limited lo weekdays between 7:00 a.rn, and 7:00 p.111. Nighttime construction shall be permitted Sunday through Friday with adequate prior notice and temporary relocation services provided to nearby residents (within I 00 feet of nighttime construction activities). The Community Development Director may allow exceptions to these hours for special circumstances.

Conditions of Approval

6.8.2. Equipment Maintenance and Mufflers. All construction equipment shall be professionally maintained and fitted with standard manufacturers' muffler and silencing devices.

6.8.3. Staging Areas. Staging and equipment areas shall be sited to minimize noise effects to residential uses to the extent feasible.

6.8.4. Noise Barriers. Temporary noise barriers shall be provided around the construction site as necessary to avoid extended disturbance to residents from construction noise.

6.8.5. The noise level from the contractor's operations, between the hours of 7:00 p.m. and 7:00 a.m., shall not exceed a maximum of 86 dBA (Lmax) at a distance of 50 feet.

6.8.6. Neighbor Notification. Within 10 days prior to commencement of each construction stage, applicant shall provide the construction schedule to surrounding neighborhoods impacted by noise and vibration in accordance with locations and in a manner specified in the City-approved Construction Management Plan. Applicant shall post information onsite in a location visible to the public, including the hours of construction and contact person with telephone number.

6.8,7. Vibration. Applicant shall notify residents two weeks prior to pile driving and use vibratory pile driving when available. Rubber-tired vehicles shall be used to the extent possible in areas immediately adjacent to residential neighborhoods. Severe vibration activities shall be restricted to daylight hours as much as possible. Nighttime demolition work shall be limited to the US IO I overcrossings and US 101 bridges over Carpinteria Creel . Applicant shall arrange hotel/motel rooms for residents Ii ving within 100 feet of the proposed activity when protracted vibrations in excess of the threshold are expected at the residence during hours that the residents normally sleep. [EIR Construction fan pact Mitigati ou]

6.9. Fish amt Wildl(/e Mitigation. Measures for the protection of fish and wildlife species during project construction as identified in the EIR and Addendum and required by any resource agency permits shall be implemented by the applicant during project construction as Callows.

6.9.1. Migratory Birds: In project construction areas, trees and shrubs shall be removed prior lo the start of migratory bird nesting season. If vegetation removal must occur during nesting season (February 15 - September I), a qualified biologist shall conduct surveys no more than 14 days prior to removal to ensure no nests are present or have been vacated. If nests are present, removal shall not occur until after nests have been certi fiecl as vacated by a qualified biologist. Exclusionary netting may be used, if necessary, to prevent birds from nesting on structures.

6.9.2. Fish: Approved fish removal and relocation techniques shall be implemented; environmentally sensitive area fencing shall be employed; downstream llows Conditions of Approval

shall be maintained; worker education programs shall be provided. [ElR Construction Impact Mitigation]

6.10. Habitat Protection. Measures for the prevention of impacts to habitat area and native plant communities during project construction as identified in the ElR and Addendum and required by any resource agency permits shall be implemented by the applicant during project construction as follows.

6.l 0. l. Natural Communities: The number of access routes, size of staging areas and total area of activity shall be limited to the minimum necessary. [EIR Construction Impact Mitigation]

6.10.2. Wetlands and Other Waters: Compliance with California Coastal Commission and US Anny Corps of Engineers; Environmentally Sensitive Arca fencing; silt fencing; diversion restricted to summer months (June I - October 31 ); use of cofferdams; restoration to natural channel bottom; project shall incorporate Best Management Practices and abide by Storm Water Pollution Prevention Plan. [EIR Construction Impact Mitigation]

6.10.3. Animal Species: Environmentally Sensitive Area fencing shall be installed to prevent damage to environmentally sensitive areas (that may provide habitat for special status wildlife species) from construction activities and equipment. [EIR Construction Impact Mitigation]

6.1 L Pre-construction Surveys. [ Addendum Mi ligation l

6.1 l.1. To ensure that potential impacts to biological resources are avoided and/or minimized, and due to the long lead-time until construction, pre-construction surveys shall be conducted by a City of Carpinteria approved biologist for the following species: steelhead trout, tidewater goby, western pond turtle and two-striped garter snake. Pre-construction surveys shall also be conducted for the California red-legged frog to allow time to coordinate use of the Programmatic Biological Opinion if California red legged frogs arc found. If work is proposed to occur from February l 5 to September 1 during the nesting season, surveys for nesting birds shall be conducted by a City approved biologist no more than 14 days prior to initiation of construction.

6.11.2. lf any federally listed species are found during the pre-construction surveys, other than steelhead trout and tidewater goby, construction shall cease until Formal Section 7 Consultation between Ca!Lrans/FHWA and USFWS is completed. If California red-legged frog is found during pre-construction surveys, Caltrans shall coordinate with USFWS to use the Programmatic Biological Opinion as FormaJ Section 7 Consultation.

6.11.3. If any state-listed endangered or threatened species are found during the preconstruction surveys, the project shall cease until consultation between Caltrans and CDFW is completed.

Conditions of Approval

6.12. Duties of tlte Biologist. [Addendum Mitigation]

6.12.1. If any special status species are found in the ADI during construction, the City approved biologist shall be present at the construction site until such time as instruction has been given to the Caltrans Resident Engineer, the specialstatus species has been allowed to move out of the ADI on its own, or the special-status species has been relocated outside of the ADI. 6,12.2. J\ biologist shall be onsite during construction activities that may impact special status species and/or migratory birds. This includes clearing and grubbing of Carpinteria Creek, the stream diversion/dewatering of Carpinteria Creek and the removal of trees during the nesting season (February I 5 to September 1 ).

6.13. Authority of the Biologist. The City approved biologist shall have the authority lo halt any action that might result in impacts that exceed the anticipated levels of impact determined during agency review (by Caltrans, City, U.S. Army Corps of Engineers, CDFW, California Coastal Commission and/or USFWS). If work is stopped, the appropriate regulatory agencies shall be notified immediately by the Environmental Monitor.

6.14. Equipment Maintenance and Staging and Materials Storage Restrictions. All refueling and maintenance of equipment and vehicles shall be conducted at least 50 feet from any aquatic habitat, wetland area or any water body. The contractor shall ensure contamination of habitat does not occur during such operations. All workers shall be informed of the importance of preventing spills of fuels and of the appropriate measures to take should a spill occur. Equipment staging and materials storage shall be located outside of stream corridors and associated riparian habitat.

6.15. Geology and Soils. Recommendations of the geoteclmical report shall be followed including a likely fill delay period and/or a fill surcharge before placement of the bridge piles and the pavement structural section at Linden Avenue and at the Casitas Pass Road/Via Rea) Interchange. Erosion control or slope stabilization shall be required for slope angles to l: 1.5. The project shall incorporate a revegetation program, including irrigation required on both cut and fill slopes. [EIR Construction Impact Mitigation]

6.16. Paleontology. Because there still exists the potential to find sensitive paleontological remains in low sensitivity formations, the following statement shall be included in the Resident Engineer's Instructions: If any vertebrate or plant fossils arc discovered during construction, ii is required that construction be hailed in the immediate vicinity (33-foot radius) of the discovery until the District Paleontology Coordinator has the opportunity to review the find. Remediation of any sensitive resources encountered before or during construction may include removal, preparation and curation of any significant finds. [EJR Construction impact Mitigation]

6.17. Solid Waste. The project solid waste management plan for demolition and construction waste shall be reviewed and approved by the Public Works Department prior Lo project construction and shall be implemented throughout construction.

Conditions of Approval

Demolition and/or excess construction materials shall be separated for reuse/recycling or proper disposal (e.g., concrete asphalt) with a minimum 65% diversion rate.

During grading am) construction, separate bins for recycling of construction materials and brush shall be provided. This requirement shall be printed on grading and construction plans. Applicant shall provide Public Works with receipts for recycled materials. Materials shall be recycled as necessary. During construction, all trash that may attract predators shall be properly contained, removed from the work site and disposed of regularly.

6.18, Project Implemented as Approved by City. Applicant shall implement the project in accordance with the final plans and provisions approved by the City of Carpinteria as outlined in these conditions of approval. After final design approval, any minor alterations in project components, design or construction processes shall require prior approval by the Community Development Director and any major alterations shall require prior approval by the Planning Commission and/or City Council. Project structures, facilities and landscaping shall be maintained for the life of the project.

6.19. Annual Report. Annually through completion of project construction, the applicant shall submit a report to the Public Works Department on the progress and status of the project.

7. Design. The project shall obtain final design review by the Architectural Review Board (ARB) prior to commencement of construction. Structural improvements of the project, including but not limited to overcrossings, bridges. retaining walls, soundwalls, railings, light standards, sidewalks, etc., and landscaping, shall be constructed and installed in conformance with the final design review.

8. Graffiti Abatement. Applicant shall clean up graffiti within 72 hours. If the problem persists, as determined by Community Development, a plan for preventing recurrence shall be submitted to Community Development. for review and approval, and shall be implemented as approved. Suggested anti-graffiti measures include the use of vertical landscaping or vines along affected wall surfaces and/or the use of anti-graffiti paint. This condition shall be printed on final construction plans. A graffiti prevention plan shall be submitted upon determination of need by Community Development.

9. Staging Area Closeout. Applicant shall elem the project staging areas of all excess construction debris. This requirement shall be noted on final construction plans. Debris clearance shall occur upon project completion and obtain approval from Public Works.

CONDITlONAL l.JSE PERMIT

10. This Conditional Use Permit is not valid until a Grading Permit for the development and/or use has been obtained. Failure to obtain said Grading Permit shall render this Conditional Use Permit null and void. Prior to the approval of the Grading Permit, all of the conditions listed in this Conditional Us Permit that are required to b · satisfied prior to approval of a Grading Permit must be satisfied. Upon issuance or the Grading Permit, the Conditional Conditions of Approval

Use Permit shall be valid. The effective date of this Permit shall be the date. of action by the City Council, or if appealed, the date of action by the Coastal Commission.

11. If the Planning Commission or City Council determines at a noticed public hearing that the permittee is not in compliance with any permit condition(s), the Planning Commission or City Council is empowered, in addition to revoking the permit pursuant to said section, to amend, alter, delete or add conditions to this permit.

12. Any use authorized by this Conditional Use Permit shall immediately cease upon expiration or revocation of this Conditional Use Permit. Any Building Permit issued pursuant to this Conditional Use Permit shall expire upon expiration or revocation of the Conditional Use Permit. Conditional Use Permit renewals must be applied for prior to expiration of the Conditional Use Permit.

13. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed acceptance of all conditions of this permit by the perrnittee.

14. Witbin two years after the effective date of this permit, construction shall commence.

Construction cannot commence until a Grading Permit has been issued. Failure to commence the construction pursuant to a valid Grading Permit shall render the Conditional Use Permit null and void.

15. /\11 time limits may be extended by the Planning Commission or City Council for good cause shown, provided a written request, including a statement of reasons for the time limit extension request is filed with Community Development prior to the expiration date.

16. If the applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts. Mitigation fees shall be those in effect at the time ofissuance of a Grading Permit.

17. Before commencing any work pertaining to the erection, alteration, enlarging or rebuilding of any structure or improvement, the applicant shall obtain a Grading Permit. The permit is necessary to ensure implementation of the conditions required by the City Council. Before any Permit will be issued by Community Development, the applicant must obtain written clearance from all agencies having conditions; such clearance shall indicate that the applicant has satisfied all pre-construction conditions. A form for such clearance is available from Community Development.

18. Prior to issuance of a Grading Permit, applicant shall notify in writing all property owners and occupants of parcels within 300 feet of the project site of its approval and conditions.

Proof of mailing the notices shall be provided to Community Development.

Conditions of Approval

19. If, at any lime, the Planning Commission determines that there has been, or may be, a violation of the findings or conditions of this Conditional Use Permit and Coastal Development Permit, or of the Municipal Code regulations, a public hearing may be held before the Planning Commission to review this permit. At said hearing, the Planning Commission may add additional conditions, or recommend enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code, and to provide for the health, safety, and general welfare of the City. Applicant shall reimburse the City for all costs associated with gaining compliance with the original conditions of approval.

20. City Manager and/or Community Development Director shall be informed of any minor changes to the project scope. Any minor changes may be approved by the City Manager and/or Community Development Director. Any major changes will require the filing of a revision application to be considered by the Planning Commission.

21. All requirements of the City of Carpinteria (including but not limited to public improvements as defined in the City of Carpinteria Municipal Code (CMC), Section

15.16.110) and any other applicable requirements of any law or agency of the State and/ l' any government entity or District shall be met.

22. The standards defined within the City's adopted model Building Codes (UBC; NBC; UMC; UFC; UPC; UHC) relative to the building and occupancy shall apply to this project.

23. Any and all damage or injury to public property resulting from this development, including without limitation, City streets and storm drain infrastructure, shall be corrected or result in being repaired and restored to its original or better condition.

24. No Grading Permit shall be issued for this project prior to meeting all required terms and conditions Ii .ted herein. When not specified herein, all conditions shall be satisfied prior to issuance of a Grading Permit or prior to commencement of construction when allowed by the Community Development Director.

25. To allow time for the utility companies to locale and mark their fa cilitics for the contractor, the applicant shall telephone Underground Service Alert (USA) toll free at 1-800-227-2600 a minimum of 48 hours prior to the start of construction. For best response, provide as much notice as possible, up to IO working days.

26. Compliance with the Carpinteria Valley Water District letter dated June 12,2015.

27. All applicable final conditions or approval shal I be printed in their entirety on applicable pages of grading/construction plans submitted to Comm uni Ly Development. These shall be graphically illustrated where feasible. The approved set of plans shall be retained at the construction site for review by the Public Works Director during the course o[ construction.

Conditions of Approval

28. Applicant shall ensure that the project complies with all approved plans and all project conditions including those which must be monitored after the project is built and occupied.

To accomplish this, applicant agrees to contact Community Development at least two weeks prior to commencement of construction activities to schedule an onsit.e preconstruction meeting agency personnel and key construction personnel.

29. Pre-project Flood Risk Determination -Applicant shall bear primary responsibility for assisting the City in obtaining a Federal Emergency Management Agency (FEMA) Letter of Map Revision under the National Flood Insurance Program for City of Carpinteria area Flood Insurance Rate Map (FTRM), Panel No. 068JC 1420G. The Letter of Map Revision (LOMR) shall address the pre-project flood risk associated with US IO I. The pre-project risk condition shall include the previously mapped diversion of the I% chance per year flood flow to the Franklin Creek watershed caused by the existing US l 0 1 bridges over Carpinteria Creek and the risk that all of the floodwaters will follow Carpinteria Creek to the ocean. The LOMR shall be approved by FEIVfA prior to commencement of construction. Applicant shall reimburse all costs the City or arpinteria may incur including cost for staff time, to obtain the LOMR from PEMA. Applicant shall also assist the City with and pay all City and all property owner costs for the preparation and filing of Flood Determination Letters and Elevation Certificates for all properties that are affected by the resultant change in the pre-project FIRM.

30. Project Related Flood Risk Determination - Applicant shall prepare all FEMA required documents and Flood Insurance Rate Map revisions that may be required as result of the proposed project. This shall include, but is not limited to, all costs the City of Carpinteria may incur. If a Conditional Letter of Map Revision (CLO MR) is required, the FEMAapproved CLOMR shall be obtained by the applicant prior to commencement of construction.
3 J. Prior to issuance of a Grading Permit, the applicant shall provide a signed copy of the Conditions of Approval on a form acceptable lo Community Development. Such form may be obtained from the Community Development Department. Written authorization to proceed and consent to conditions of approval by the applicant shall be provided to the City prior to commencement of any demolition or construction activity.

32. Prior to issuance of a Grading Permit, applicant shall pay all applicable COD permit processing foes in full.

33. The applicant (Caltrans) hereby agrees to defend indemnify and hold harmless the City, its officers, employees, agents, consultants and independent contractors ("City's Agents") from any claim, action or proceeding (''Claims") against the City and the 'ity's Agents to attack, review set aside, void or annul, in whole or in part, the City's approval or the Linden Avenue -Casitas Pass Road Interchanges and Via Real Extension (the "Project"), or any condition attached thereto, or any proceedings, acts or determinations taken, done or made prior to the approval that were part of the approval process. Applicant further agrees to indemnify and bold harmless the City and the City's Agents from any award of attorneys' Conditions of Approval

fees or court costs made in connection with any Claim. Applicant further agrees to pay any and all City costs, permit fees, attorneys' fees, engineering fees, license fees and taxes arising out of or concerning the Project; whether incurred prior to or subsequent to the date of approval and that the City's costs shall be reimbursed prior to this approval becoming valid. These commitments of defense and indemnification are material conditions of the approval of the Project. Nothing contained in this condition shall prevent the City or the City's Agents from independently defending any Claim, If the City or the City's Agents decide to independently defend a Claim, the City and the City's Agents shall bear their own attorneys' fees, expenses and costs of that independent defense.

34. 1n the event that any Condition of Approval imposing a fee, exaction, dedication or other mitigation measure is challenged by Applicant/Owner/Developer/Permittee in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any Condition of Approval is invalidated by a court of law, the entire project shall be reviewed by the City and substitute Conditions of Approval may be imposed.

35. Written authorization to proceed and consent to conditions of approval by the applicant shall be provided to the City prior to grading permit issuance.

Approved by the City Council on November 23, 2015
I HAVE READ /\ND UNDERSTOOD, AND 1 WILL COMPLY
WITH ALL ABOVE STATED CONDTTTONS OP Tl!IS PERMIT
Applicant Date
Carpinteria Valley Water District
1301 Santa Ynez Avenue • Carpinteria, CA 93013
Phone(805)684-2816

BOARD OF DIRECTORS
June l2, 2015
City of Carpinteria
Attention Jackie Campbell
5775 Carpinteria Ave.

Carpinteria CA. 93013
Summerland, CA. 93067
Alonzo Orozco
President
Polly Holcombe
Vice President
Richard Forde
Matthew Roberts
June Van Wingerden

GENERAL MANAGER
Clrarles B. Hamilton
SUBJECT: LINDEN A VENUE AND CASITAS PASS BRIDGES CONDITIONS LETTER
Hello Mrs Campbell
Please be advised, this parcel is within the Carpinteria Valley Water District and therefore is entitled to District water service in accordance with District Rules and Regulations. Currently the District is in a Stage If Drought Emergency for more information on the recently passed Ordinance 15-2, please visit the District website www.cvwd.net.

Listed are the Carpinteria Valley Water District conditions for the project.

The Owner will be required to pay the necessary Capital Cost Recovery Fees CCRF for the new meters for the project. These fees will be required to be paid prior to the meters being installed and the District signing off on the Final sign off. (See attached fee estimate)
The Owner will need to supply to the District a copy of the irrigation plan that includes flow demands and plant list.

If you have any questions please feel free to contact me at brian@ vwd.rti;t or 684- 28 l 6x i 03.

Very truly yours,
Carpinteria Valley Water District
Brian King, P.E,
Associate Engineer
BVK/bvk
C: file copy
U:\CVWI) Leuers'Ca! Trans Linden and Casitas Pass bridges conditions.docx

CARPINTERIA VALLEY WATER DISTRICT

FEE ESTIMATE FOR NEW SERVICES
Project Name
Description:

CALTRANS101IMPROVEMENT
DOWNSIZE TWO EXISTING 2 INCH METERS TO 1 1/2 INCH METERS ANO GET 4 NEW 3/4 INCH METERS
Owner CAL TRANS
Date of Fee estimate
Estimate valid through:
06/12/2015
06/30/2016
Capital Cost Recovery Fees (CCRF) CREDIT
Description Qty Unit Fee Fee
2 INCH METER EXISTING 2 $50,941.00 $101,882.00
$0.00
CCRF SUBTOTAL CREDIT = $101,882.00
Capital Cost Recovery Fees for new meters
Description Qty Unit Fee Fee
1 1 /2 inch meter 2 $33,217.00 $66,434.00
3/4 inch meter 4 $12,579.00 $50,316.00
CCRF SUBTOTAL =I $116,750.00!
CCRF Subtotal= $116,750.00
MINUS CCRF SUBTOTAL CREDIT = $101,882.00
CCRF DUE=! $14,868.00!
U:\CVWD EstunillP.slCAL TRANS METER 101 IMPHOVEMENT UPDATED 612201():

These fees will be required to be paid prior to the meters being installed Al the time the meter is installed the account will be opened.

Brian King , Associate Engineer
Carpinteria Valley Water District
Siganture
Owner
·*'Notes: District Rule #4 "Credit of Applicant" Establlshrne11l of Credit, No later than 7 working days after the commencement of service, each applicant must establish credit with the· District by one of the following methods:
('1) If the applicant provides sufficient evidence of creditworthiness established on another Carpinteria Valley Water District service account. as determined solely by the Manager or his designee, credit will be deemed established.
(2) By a cash deposit with the District in the amount required by Rufe Number 6. (3) By receipt of a letter or e-mail from another public water agency with the following mformation confirming the customer's good credit account history for a current account with that agency:
i. Date account was open.
ii. Statement that there have been no shut offs for non-payment or door tags 1n the last 2 years.

A current account includes an account closed at the request of the customer within 60 days of the date of the new service request. The District must receive a customer's letter of credit prior to the service start date.

District Rule #Sa Deposit Amount. The amount of cash deposit to establish credit, as reuired by Rule Number 4 for all classes of service, shall be a sum equal to twice the estimated average bill for the type of service rendered.

U,\CVWD Estirnales\CAL TRANS ME Tm 101 IMPROVEMEN f UPDATED 6122015 Exhibit B, Whitney Site Parcel, to Caltrans Mitut gation Co-op Agreement # 05-0304 --
~- -:· ,, : ... ··.::a;~
Exhibit C to Caltrans Mitigation Co-op Agreement #05-0304 Whitney Site Agriculture Overlay - Zoning Code
October 2015
Chapter 14.41 -WHITNEY SITE (APN 001-070-012) OVERLAY DISTRICT

14.41.010 - Purpose and intent.

The purpose of the Whitney Site overlay district is to provide for specific standards to ensure preservation of the remainder of the Whitney Site for agricultural use through an agricultural easement and to provide for the establishment and maintenance of programs for sustainable agriculture in the Carpinteria Valley. Therefore, this overlay district establishes specific standards related to open field agriculture resource protection and mitigation.

14.41.020 - Applicability.

The provisions of this district shall apply only to the remainder portion of the original

8.95-acre Whitney Site (APN 001-070-012) not dedicated to public roadway purposes, as depicted in Figure 1 and shown on the city's official zoning maps.

14.41.030 - Development standards.

All applicable Local Coastal Program policies and provisions shall apply to the Whitney Site Overlay District unless specifically modified by standards detailed in this section. Development of any portion of the Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension on the Whitney Site shall comply with all of the following requirements:

1. New development shall be sited and designed to avoid impacts to agricultural land.

If there is no feasible alternative that can eliminate all impacts, then the alternative development location and design that would result in the fewest or least significant impacts shall be selected. Impacts to agricultural land that cannot be avoided through the implementation of siting and design alternatives shall be fully mitigated as outlined in this Section. The portion of the parcel to be converted from agriculture to public roadway facility shall not exceed five acres, encompassing the southern portion of the parcel adjacent to US 101.

2. In order to prevent conversion of the approximately four-acre remainder parcel out of agriculture, ownership of the property shall be transferred to the City of Carpinteria. The remainder parcel shall be restricted to agricultural uses including organic farming, community gardening or agriculture education. Transfer of the property from Caltrans to the City would occur at the conclusion of project construction, and in concert with the transfer of the completed Via Real roadway and right-of-way. An agricultural conservation easement shall be placed on the 09-1522-LCPA B-3
property prior to transfer of ownership of the remainder parcel to the City which will prohibit non-agricultural uses on the property in perpetuity. The holder of the agricultural conservation easement shall be a public resources agency or private land trust with agricultural resource preservation experience, acceptable to the City of Carpinteria. Portions of the parcel that lie within the Carpinteria Creek channel, associated environmentally sensitive habitat area (ESHA) or riparian corridor buffer shall be excluded from the agricultural conservation easement to protect environmentally sensitive resources from disturbance associated with agricultural activities.

3. Mitigation shall be provided for the direct loss of agricultural land via implementation of an Agriculture Preservation Program as set forth below. The developer shall contribute funds such that the City of Carpinteria can accomplish the following (at a minimum):

A. Installation of physical infrastructure for community garden plots at three or more properties in various locations to permit convenient public access. The following properties have been identified to fulfill the above goals; in the event that it is determined to be infeasible to operate a community garden on one or more of the properties detailed in subsection i or iii below, a substitute property(ies) may be enrolled.
i) Carpinteria Children's Project (formerly Main School campus of the Carpinteria Unified School District). Infrastructure and development may include:
a. Tilling to prepare planting area
b. Grid layout for plots
c. Perimeter fencing
d. Water source for irrigation
e. Small shed for tool/implement storage, not larger than 12' x 12' ii) Four-acre Whitney Site remainder parcel. Infrastructure and development may include:
a. Tilling to prepare planting area within a portion of the site b. Grid layout for plots
c. Preservation of a portion of the existing avocado orchard d. Split-rail or similar perimeter fencing on the east, west and south boundaries
f. Water source for irrigation
g. Small shed for tool/implement storage, not larger than 12' x 12' iii) Fifth Street 0.62-acre City-owned parcel between Holly Avenue and Elm Avenue. Infrastructure and development may include:
a. Tilling to prepare planting area
b. Grid layout for plots
09-1522-LCPA B-4
c. Split-rail or similar perimeter fencing
d. Water source for irrigation
e. Small shed for tool/implement storage, not larger than 12' x 12' B. Construction of a solid, grout-filled masonry wall, or an alternative wall of same or better noise attenuating value, approximately six to eight feet in height on the northern boundary of the remainder Whitney Site (abutting APNs 001-252-001 through -010 and APN 001-253-006) shall be completed prior to opening a community garden on the property.

C. Development of a uniform agreement or lease template for use of individual garden plots by members of the community.

D. Drafting of an agreement(s) between the City and Carpinteria Unified School District (CUSD) for the Carpinteria Children's Project garden to be maintained and operated by the CUSD for children and families participating in onsite programs.

E. Funding of one City of Carpinteria half-time staff position, for a period of five years from the date of final approval of the Linden Avenue - Casitas Pass Road and Via Real Extension project, to initiate the community garden system, and to create a fee structure (participation fee or plot lease) to subsidize the continuation of this staff position. In the event funding from the fee structure for community garden participation is not adequate following the five-year subsidy period to sustain a half-time position for administration of the community garden system, the City of Carpinteria will do one or more of the following. i. Either restructure the participation fees or commit to providing funds for the difference between participation revenues and the position costs; ii. Investigate administration of the community garden system by another agricultural education entity such as 4H or Future Farmers of America; iii. Pursue grant funding to perpetuate the program; or iv. Assume administration of the community garden system in perpetuity.

F. Provide funding to CUSD for development of an adult education program to be delivered via offering workshops in plant cultivation at the community gardens and cooking with fresh garden produce (at the Carpinteria High School Culinary Kitchen). Once established, participation fees could fund perpetuation of the program.

G. Provide funding to CUSD for development of grade-specific curriculum focusing on vegetable cultivation using on-campus gardens at each school facility in Grades 1-8. The lesson plans would increase knowledge and appreciation for fresh produce, supporting interest in both community gardening and the importance of local agriculture resources.

H. Program administration and access for residents to at least one property enrolled in the community garden system shall be established within one year from approval of a Coastal Development Permit for the Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension. The Agriculture Preservation Program shall be substantially implemented within one year following completion of construction of the Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension.
09-1522-LCPA B-5
I. To further offset the project-related direct loss of five acres of agricultural land within the City of Carpinteria, the City shall apply to the Local Agency Formation Commission (LAFCO) to remove two agricultural parcels which are currently included in the City's Sphere of Influence on Via Real (APN 001-080-033 and APN 001-180-026). The application to LAFCO to remove these parcels from the Sphere of Influence shall be completed within one year from approval of a Coastal Development Permit for the Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension Improvements. Successful removal of the parcels from the Sphere of Influence shall be accomplished prior to completion of construction of the public roadway improvements. If and when the Local Agency Formation Commission approves the removal of APN 001-080-033 and APN 001-080-026 from the City's sphere of influence, the City shall revise the certified Land Use Plan Map to reflect the revised sphere of influence boundary. 09-1522-LCPA 8-6
L~~::1 •.. ··, . .//·~·- ... :;·1c._L _
··• ... "-... /
{_ ~-; 11
------,.,_______ 1 •• r·- , ........ , . ..J-
'-----------------.___,':=:.:,
Whitney Site Agriculture Overlay District
Proposed Right-of-Way Northern Limit
0 Whitney Parcel (APN: 001-070-012)
Q u 100 WCI ""°°m:

Al::RIAI. SOURCE. CIRGIS 21.l ll
DESIGN SOURCE CAL1Rr,N$ 2013
FIGURE 1
Whitney Site Agriculture Overlay District

CITY OF CARPINTERIA LOCAL COASTAL PROGRAM AMENDMENT - MITIGATED NEGATIVE DECLARATION Exhibit D to Caltrans Mitigation Co-op Agreement #05-0304 The following restriction is proposed to be added to the Grant Deed for the Whitney Parcel.
(a) Restriction on Use. Grantee, its successors and assigns, may use the Property only for agricultural purposes. Agricultural purposes shall mean the use of the Property for primarily outdoor farming activities, but may also include agricultural related improvements and uses including barns, sheds, water wells, offices and classrooms.

Allowed Agricultural related activities include but are not limited to: production, harvesting, storage, grading of product, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities, agricultural related education and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, irrigation, drainage and water management.

City of Carpinteria
Couttcr- Acrruoa SrRrr Reponr
Apnu 25,2022

ITEM FOR COUNCIL CONSIDERATION
Report on Street Lighting District No. 1 for Fiscal Year 2022-2023

STAFF MENDATION
Adopt Resolution Nos. 6120 and 6121, acting to accept and file the mandatory Annual Report and set the matter of the continuation of Street Lighting District No. 1 for Fiscal Year 2022-23 for public hearing at the regular City Council meeting of May 23,2022.

Sample Motion: I move to adopt Resolution Nos. 6120 and 6121, acting to accept and file the mandatory Annual Report and set the matter of the continuation of Street Lighting District No. 1 for Fiscal Year 2022-23 for public hearing at the regular City Council meeting of May 23,2022.

BACKG ROU N D/DISC USSION
On March 28,2022, by Resolution No. 61 13, the City Council ordered a report on the status and projections for Street Lighting District No. 1 for Fiscal Year 2022-23. This status report is required annually under the California Street Lighting Act of 1919, as amended, and is one of several steps required each year in order to continue the District. The purpose of the District is to provide a funding source to finance the cost of electrical power and maintenance and replacement of outdoor public lighting facilities.

The purpose of this agenda matter is for the City Council to consider the second step of continuing Street Lighting District No. 1 for Fiscal Year 2022-23 by accepting the District report and setting the matter for public hearing at the regular City Council meeting of May 23,2022.

P:\PW Boards and Committees\CC\2022\042522\Street Light District No. 1 Annual Report\042522 Street Light District Staff Report.docx
Report on Street Lighting District No. 1 for FY 2022-23 April25,2022

POLICY CONSISTENCY
The City General Plan/Local Coastal Plan includes policies that address the maintenance of street corridors in the City. Specifically, Policies CD-8a, CD-8b, CD-9a, CD-gb, CD-9c, CD-9d and CD-9f address pedestrian and bicycle pathways. The Street Lighting District No. 1 is the financial means by which the City can, in part, implement these policies.

FI NANCIAL CONSIDERATIONS
The ending fund balance as of June 30, 2021, was $334,264. Revenues, expenditures and transfers to other funds for Fiscal Year 2021-22 are projected to be $203,000, $138,950 and $5,250, respectively leaving a fund balance at June 30, 2022, of $403,564. These funds are used for both operations and maintenance of the lighting system and, once a sufficient fund balance is accumulated, these funds are also used to finance capital projects such as new or replacement street lights.

LEGAL
This district is an ad-valorem (property tax) district and as such is governed by the provisions of Proposition 13 and is not subject to the provisions 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 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 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 assessments for fiscal year 2022-23.

P:\PW Boards and Gommittees\CC\2022\042522\Street Light District No. 1 Annual Report\042522 Street Light District Staff Report.docx
Report on Street Lighting District No. 1 for FY 2022-23 April25,2022

OPTIONS

1. Adopt Resolution Nos. 6120 and 6121, acting to accept and file the mandatory Annual Report and set the matter of the continuation of Street Lighting District No. 1 for Fiscal Year 2022-23 for public hearing at the regular City Council meeting of May 23,2022.

2. The City Council could choose not to accept the mandatory Annual Report and/or not set the matter of continuing the Street Lighting District No. 1 for Fiscal Year 2022-23 for public hearing; however, by omitting this step, the District would not be continued for FiscalYear 2022-23.

PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting

ATTACHMENTS
Attachment A:

Attachment B:

Attachment C:

Report of the City Engineer
Resolution No. 6120
Resolution No. 6121
Staff contact:

Brian C. Barrett, City Clerk
(805) 7 55-4446; b rianb@ci. carpi nteria. ca. us
ture
Reviewed by:

John L. llasin, Public Works Director
(805) 880-3402; ioh n i@ci. ca rp i nteria. ca. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400', daved @ci. carp i nteria. ca. us
P:\PW Boards and Committees\CC9O22\042522\Street Light District No. 1 Annual Report\042522 Street Light District Staff Report.docx
Report on Street Lighting District No. 1 for Fy 2022-29 April25,2022

ATTACHMENT A
Report of the City Engineer
P:\PW Boards and Committees\CC\2022\042522\Street Light District No. 1 Annuat Report\042522 Street Light District Staff Report.docx

CITY OF CARPINTERIA
CARPINTERIA STREET LIGHTING DISTRICT NO. {

REPORT OF THE CITY ENGINEER RELATIVE

TO THE CONTINUATION OF CARPINTERIA
STREET LIGHTING DISTRICT NO. 1
April 25, 2022

1. INTRODUCTION
This report is prepared pursuant to Resolution No. 6113 as adopted by the City Council on March 28,2022. The objective of the report is to describe the status of the District, which provides street lighting for the City and to provide projections for Fiscal Year 2022-23.

2. BACKGROUND
The City assumed responsibility for funding street lighting within the City on July 1, 1977 , in conjunction with the detachment of the City from County Service Area No. 1 1 ,
the funding vehicle for street lighting prior to July 1 , 1977. The City ultimately established two special districts to provide funding for street lighting; both are governed by the City Council and both cover the entire City. The second district, Street Lighting District No.2, was suspended in 1985.

Street Lighting District No. 1 was formed by the City Council on November 22, 1976, for a period of five (5) years starting July 1 , 1977 and has been continued each year thereafter in one-year increments. The Street Lighting Act of 1919 was the legal basis for this action. The District was formed to establish a way of financing street lights through the collection of the ad valorem (property) tax. The initial tax rate was about 15 cents per $100.00 of assessed valuation and the second year was 12.95 cents per $100.00. With the adoption of Proposition 13, a limit was placed on the overall tax rate as well as a reduction of the total tax base. Since the passage of Proposition 13, the district's share of the property tax has been about 1.8o/o of all property tax or a tax rate equivalent to about 1.8 cents per $100.00 of assessed valuation.

On April 9,2018, City Council adoption of Resolution Nos. 5787 and 5788, concerning a property tax transfer agreement between the City of Carpinteria and Carpinteria Street Lighting District No. 1. These actions resulted to a portion of the fund balance and annual property tax revenue of the District to be transferred to the City of Carpinteria.

Most of the Street lighting in Carpinteria is owned and operated by Southern California Edison Company. The City has a contract with Edison to provide street lighting based on a monthly flat rate as set by the California Public Utilities Commission. The same rate is charged year-round. As owner of the lights, Edison has the responsibility for Street Lighting District Report by City Engineer for Fy 2022-23

maintenance and operations. As the customer, the City determines number, location, and type of lights and pays the bill.

With respect to other public lighting provided by the District, included are lights on the Franklin Creek and Carpinteria Creek Bikeways, Civic Center parking lighti, and parking lot lights in Parking Lot Nos. 1,2 and 3, lights on Linden Avenue between Carpinteria Avenue and the beach and street-end parking lot lights at Elm, Holly and Ash Avenues. All of these lights are City-owned and charges are based on meter readings. ln addition to electrical power, funding from this district pays for both the maintenance and operations costs of the city-owned portion of the lighting system.

3. ANNEXATIONS
There were no annexations to either the City or the District during the past fiscal year.

4. STREET LIGHTING DISTRICT NO. 1
The attached Exhibit 1 is a map of the City and District. The District boundaries are coterminous with the City boundaries with the exception of that portion located offshore.

5. STREET LIGHT INVENTORY
Please refer to the attached Exhibit 2 for a listing of projected street I ights by size and cost.

6. FINANCIAL DATA AND PROPOSED FY 2019.20 BUDGET
Exhibit 3 is a Statement of Fund Transactions and Financial Condition for the past three years, current year and next year.

The District also has its own Appropriations Limit pursuant to Proposition 4.

7. RECOMMENDATION
It is recommended that the City Council adopt Resolution Nos. 6120 and 6121, thereby acting to accept and file the mandatory annual report and set the matter of the continuation of Street Lighting District No. 1 for Fiscal Year 2022-23 for public hearing at the regular City Council meeting of May 23,2022.

By: David Durflinger
City Manager
City of Carpinteria
Street Lighting District Report by City Engineer for FY 2022-23

Exhibit 1
Map of the District Boundaries
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\Mrile reasonable efforts have been made to createan accurate map, the City cannot ensure its acorrary City of Carpinteria
Street Lighting District No. 1
Street Lighting District Report by City Engineer for FY 2021-22

Exhibit 2
Street Lighting I nventory
Street Lighting District Report by Cig Engineer for Fy 2022-29

tocATtoN
CARPINTERIA AVE.

CARPINTERIA AVE.

DOWNTOWN ''T''
LNDEN AVE.

LNDEN AVE.

LINDEN AVE.

LINDEN BEACH
ELM AVE.

HOLLY AVE.

ASH AVE.

WULLBRANDT WAY
PARKING LOT#1
PARKING LOT #2
PARKING LOT#3

TRAIN STATION

FRANKLIN CREEK BIKEWAY

CARPINTERIA CREEK BIKEWAY
TRAFFTC LtG HTS/Stc NALS

SEAL FOUNTAIN

FIFTH STREET

NINTH STREET BRIDGE

CITY OF CARPINTERIA
STREET TIGHTING DISTRICT NUMBER 1

STREET LIGHTING INVENTORY

NUMBER WATTS
23 35
23 23
100
24 23
70 70
70 23
5 7T
T2
100
36 23
28 23 LED
TYPE
LED
LED
LED
LED

HID METAL HALIDE
LED
LED

HIGH PRESSURE SODIUM VAPOR

HIGH PRESSURE SODIUM VAPOR

HIGH PRESSURE SODIUM VAPOR
LED
LED

HIGH PRESSURE SODIUM VAPOR OR LED
LED 23 WATT
62 4
8 69
10 L
6 4
4 4
3 8
3 26
25 CFL
LED
17 16
5 2
6 3 LEDs
23 LED
26 LED
CASITAS PASS BRIDGE 1OO HID METAL HALIDE
Street Lighting District Report by City Engineer for FY 2022-23 PageT
Exhibit 3
State of Fund Transactions and Financial Condition
Street Lighting District Report by City Engineer for Fy 2022-23

STREET LIG HTING DISTRICT NUMBER 1

STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
FUND 29

STREET TIGHTING FUND
A. SUMMARY OF FUNDTRANSACTIONS
Fund Balance; July L
Fiscal Year Revenues
Fiscal Year Expenditures
Fund Balance; June 30
Revenue Ove r/(Under) Expe nse
B. BATANCE SHEET, JUNE 30
ASSETS:

Cash in Savings
Accounts Receivable
Total Assets
LIABILITIES AND FUND BALANCE:

Accounts Payable
Fund Balance
Total Liabilities & Fund Balance
Prior Years and Penalties
Total Revenues
D. FISCAL YEAR EXPENDITURE DETAIL:

Traffic Signals
Public Right of Way Expenses
Street Lighti ng
Supplies & Materials
Miscel laneous Operating Expense
Total Operati ng Expense
Transfers Out
Transfers Out Pension Trust
Transfers Out General Fund Capital
Total Transfers
Street Lights
Total Capital Outlay Expense
s 10,318 5 St,OtZ $ n,osq
ACTUAT
201&19
ACTUAL
20t9-20
ACTUAL
2020-2L
BUDGET
2021-22

PROJECTED
2022-23
S rs+,zao S
I93,20I
182,883
205,098
20s,098 S
205,557
r54,486
256,r70
256,770 s
203,668
725,574
334,zil
334,264 s
205,250
129,050
4r0,464
4IO,464
205,250
129,050
486,664
s 76,200
5 212,771 S 263,843 5 Eqt,SZt $ ar&rsz 5 qgq,zst
2t2,77I 263,843 34r,937 4r8,r37 494,337
2t2,77r 263,843 341,937 4r8.I37 494,337 S ztz.ttt s 263,843 s 341.937S 418. t37 s 494.337 C. FISCALYEAR REVENUE DETAIL:

Use of Money & Property S
Distri ct #1-Property Taxes, Secu re d
District #1-Prope rty Taxes, Unsecured
District #L-Supplemental Rol I
District #1-Homeowners Re i m burse me nt
3,534 s
176,305
5,527
5,026
862

1.,947
11,552 s
181,358
6 698
4,324
827
789
63e s
195,264
2,905
3,692
820
348
3,000 s
190,000
7,NO
4,000
500
750
3,000
190,000
7,000
4,000
500
750 S rgg.zor S 20s,s57 s zog.osss zos.zso S 2os,2so
s 5 s s s
38,929
94,759
3,654
30,677
96,679
7,913
2t,842
L02,222
1,510
22,450
100,800
s,000
800
22,450
100,800
5,000
800
136,740 r35,209 125,574 !29,050 129,050
46,143 t9,277
46,143 L9,277
Total Expenditures S rsz,sag S 754,4865 t25,574 S rZg,OSO 5 tzg,oso Report on Street Lighting District No. 1 for FY 2022-23 April25,2O22

ATTACHMENT B
Resolution No. 6120
P:\PW Boards and Committees\CGVO22\042522\Street Light District No. 1 Annual Report\O42522 Street Light District Staff Report.docx

THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6120

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CARPINTERIA

ACCEPTING AND ORDERING THE FILING OF THE

REPORT OF THE CITY MANAGER OF SAID CITY

FOR THE FURNISHING OF ELECTRIC CURRENT AND

THE MAINTENANCE OF CERTAIN LIGHTING FIXTURES AND

APPLIANCES IN THE CITY OF CARPINTERIA
STREET LTGHTTNG DTSTRTCT NO. 1 (FY 2022-231
WHEREAS, pursuant to the provisions of the "Street Lighting Act of 1919' of the State of California (Part 1 of Division 14, of the Streets and Highways Code of said State), as amended, the City Council of the City of Carpinteria did on March 28, 2022 adopt Resolution 6113 instructing the City Managerto make and file with the City Council a report in writing presenting certain matters relating to street lighting assessment districts for the furnishing of electric energy and the servicing and maintenance of all street lights in said City; and
WHEREAS, the City Manager of the City of Carpinteria has presented to the City Council a report in writing dated April 25, 2022, presenting certain matters relating to the furnishing of electric energy and the servicing and maintenance of all street lights in the City of Carpinteria Street Lighting District No. 1; and WHEREAS, proceedings for the lighting, maintenance and servicing district are to be undertaken pursuant to the provisions of the "Street Lighting Act of 1919," Part 1 of Division 14, of the Streets and Highways Code, as amended, and particularly as contemplated under the provisions of said law; and
WHEREAS, this City Council has carefully examined and inspected the report of the City Manager, and is satisfied with each and all of the items set forth in said report; NOW, THEREFORE, BE lT RESOLVED as follows
SECTION 1. That the report of the City Manager of the City of Carpinteria, dated April 25, 2022, is hereby accepted and is hereby ordered filed with the City Clerk of the City.

SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

Resolution No. 6120
Page2
PASSED, APPROVED AND ADOPTED on April 25,2022 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 April 25,2022.

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 C
Resolution No.6121

THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6121

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CARPINTERIA

DECLARING ITS INTENTION TO CONTINUE FURNISHING

ELECTRICAL ENERGY, SERVICING AND MAINTENANCE OF ALL

STREET LIGHTS, APPLIANCES AND FIXTURES ON THE STREETS AND

PUBLIC PLACES IN THE CITY OF CARPINTERIA, FOR THE PERIOD BEGINNING JULY 1,2022 AND ENDING JUNE 30, 2023, AS
PERMITTED BY THE STREET LIGHTING ACT OF 1919, FOR
CARPINTERIA STREET LIGHTING DISTRICT NO. 1, AND

APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN
RELATTON THERETO (FY 2022-231
The Gity Gouncil of the City of Carpinteria, Galifornia, does hereby,resolve, declare, determine and order as follows:

SECTION 1. That the public interest and convenience require, and it is the intention of the City Council of the City of Carpinteria, to order the furnishing of electric energy, servicing and maintenance of all street lights, appliances and fixtures, on portions of public streets, places, avenues, courts, and drives within said City, all as shown on Diagram and Plan No. LP-1977-2002-E, on file in the office of the City Clerk to be maintained and electric current to be furnished for lighting said fixtures and appliances forthe period beginning July 1,2022, and ending June 30,2023 (Street Lighting District No. 1 ) permitted by the Street Lighting Act of 1919, in accordance with the report of the City Manager dated April 25, 2022, on file in the office of the City Clerk, and which is hereby referred to and by this reference incorporated herein and made a part hereof. The period of time for the furnishing of electric current and maintenance for the fixtures and appliances on said streets (or rights-of-way stated above) shall be set forth in a "NOTICE OF IMPROVEMENT," which said notice the law requires to be both published and posted.

All of the work and improvement shall be done in accordance with the plans and specifications referred to in the report of the City Manager dated April 25, 2022.

SECTION 2. That public interest and convenience further requires, and that it is the intention of the City Council, from time to time to add certain lighting fixtures, lamps and appliances and/or the replacement of certain existing street lighting fixtures, lamps and appliances on and along said public streets, places, avenues, courts and drives, as they become necessary, said cost to be included in the District costs.

SECTION 3. That the City Treasurer has established a special fund known as "Carpinteria Street Lighting District, No. 1 Fund"; said City Treasurer shall place in said specialfund all moneys collected by the Tax Collector pursuant to the provision of Section 6 of this resolution as soon as said moneys have been transferred to said City Treasurer.

Payments shall be made out of said special fund only for the purposes provided for in this Resolution No. 6121
Page2
resolution. To expedite the making of this improvement, the City Council may transfer into said special fund, out of any money in the general fund, such sums as it may deem necessary, and the sums so transferred, shall be deemed a loan to such special fund, and shall be repaid out of the proceeds of the assessments provided for in this resolution.

SECTION 4. That said contemplated work of improvement, in the opinion of the City Council, is of more than local or ordinary benefit, and said Council hereby makes the expense of said work and improvement chargeable upon a district, which district said Council hereby declares to be the district benefited by said work and improvements, and to be assessed to pay the cost and expense thereof, which said District includes the entire City of Carpinteria as shown on Diagram and Plan No. LP-1977-2002-E (District No. 1) on file in the office of the City Clerk, on which Diagram and Plans the extent of said Distriit is indicated, and the exterior boundaries thereof are described by a boundary line, (being the City Boundary Lines including annexations completed prior io June 30, i gg2) and to which said Diagram and Plan reference is hereby made for a complete and detailed description of said district, excepting from said district any portion of any public street or alley that may be included therein. The said diagram on file shall govern for all details as to the extent of said District.

SECTION 5. Any lots or parcels of land known as public property, as the same is defined in Section 18014, Part 1, Division 14, Streets and Highways Code, as amended ("Street Lighting Act of 1919"), hereinafter referred to, which are included in the said District shall be exempt from the assessment to be made to cover and expenses of said contemplated improvement.

SECTION 6. That the improvements contemplated by the Resolution of lntention shall be done underthe provisions of the "street Lighting Act of 1919" (now part 1 of Division 14 of the Streets and Highways Code of the State of California), as amended.

SECTION 7. That on May 23, 2022 at the hour of 5:30 p.m. of the said day, be and the same is hereby appointed as the time, and the Council Chambers in the bity Hall, 5775 Carpinteria Avenue, in said City of Carpinteria, California, is hereby appoinied as the place for hearing protests in reference to the said proposed improvement and also in reference to those matters stated in Section 2, above.

SECTION 8. That the City Clerk is hereby authorized, designated and directed to give notice of said hearing in time, form and manner as required by law.

SECTION 9. That the Coastal View, a newspaper of general circulation, published in the County of Santa Barbara and circulated within the City of Carpinteria, is hereby designated as the newspaper in which such notice shall be published.

ABSENT

ABSTAIN
Resolution No. 6121

SECTION 10. That this resolution shall take effect immediately and the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same among the original resolutions of the City Council of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

PASSED, APPROVED AND ADOPTED on April 25,2022 by the following vote AYES coUNcTLMEMBER(S)
couNcTLMEMBER(S)
coUNCTLMEMBER(S)
coUNcTLMEMBER(S)
NOES
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 April 25,2022.

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
APRIL 25, 2022

ITEM FOR COUNCIL CONSIDERATION
Report on Lighting, Landscaping and Right-of-Way Improvement District No. 3 for Fiscal Year 2022-23.

STAFF RECOMMENDATION
Adopt Resolution Nos. 6122 and 6123, acting to accept and file the mandatory Annual Report of the City Engineer and set the matter of the continuation of Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2022-23 for public hearing at the regular City Council Meeting of May 23, 2022.

Sample Motion: I move to adopt Resolution Nos. 6122 and 6123, acting to accept and file the mandatory Annual Report of the City Engineer and set the matter of the continuation of Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2022-23 for public hearing at the regular City Council Meeting of May 23, 2022.

BACKGROUND/DISCUSSION
On March 28, 2022, by Resolution No. 6114, the City Council ordered a report on the status and projections for Lighting, Landscaping and Right of Way Improvement District No. 3 (District) for Fiscal Year 2022-23. The District provides funding for the maintenance of rights of way including repairs to curbs, gutters, sidewalks, and tree removal and planting, and the tree management program. The 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.

The 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 II P:\PW Boards and Committees\CC\2022\042522\ROW District No. 3 Annual Report\042522 ROW Staff Report.docx
Report on Lighting, Landscaping and Right-of-Way Improvement District No. 3 for FY 2022-23 April 25, 2022

positions as well as general right of way maintenance, tree maintenance, and water and electric utilities costs.

A report of the City Engineer is required annually in accordance with California Streets and Highways Code Section 22500 et al., and is the second of a three-step procedural process required each year in order to continue the District. The steps are 1) Order the report and issue the Notice of Intent to continue the assessment District, 2) Accept the report and set for public hearing, and 3) Conduct the public hearing and decide on continuing the District.

POLICY CONSISTENCY
The City General Plan/Local Coastal Plan includes policies that address the maintenance of street corridors in the City. Specifically, Policies CD-Ba, CD-Bb, CD-9a, CD-9b, CD-9c, CD-9d and CD-9f address pedestrian and bicycle pathways. The District is the financial means by which the City can, in part, implement these policies.

FINANCIAL CONSIDERATIONS
The Report by the City Engineer (Attachment A) includes a summary of revenue and expenses for the District providing past years, current year, and projected data for next year. The District's income stream is derived from a fixed dollar assessment on real property, while a majority of the District's expenses are subject to inflationary pressures.

Aging streets and sidewalks also increased the District's maintenance expenses. To minimize the need for General Fund subsidation, capital improvements are no longer being funded by this source.

The District's annual revenue of approximately $195,000 is insufficient to address both maintenance and capital improvements needed for the District. An estimated $59,222 subsidy from the General Fund would be needed to balance the District fund for the current fiscal year. The beginning fund balance of Fiscal Year 2021-22 was $0. The ending fund balances for fiscal years 2021-22 and 2022-23 are projected to be $0, respectively. See Attachment A.

LEGAL
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.

P:\PW Boards and Committees\CC\2022\042522\ROW District No. 3 Annual Report\042522 ROW Staff Report.docx
Report on Lighting, Landscaping and Right-of-Way Improvement District No. 3 for FY 2022-23 April 25, 2022

Adopt a resolution of intention to continue the District and to levy assessments for next 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 assessments for Fiscal year 2022-23.

OPTIONS

1. Adopt Resolution Nos. 6122 and 6123, acting to accept and file the mandatory Annual Report of the City Engineer and set the matter of the continuation of Lighting, Landscaping and Right of Way Improvement District No. 3 for Fiscal Year 2022-23 for public hearing at the regular City Council Meeting of May 23, 2022.

2. The City Council could choose to modify the mandatory Annual Report and approve it as modified, and continue the Lighting, Landscaping and Right of Way Improvement District for Fiscal Year 2022-23 for public hearing at the regular City Council Meeting of May 23, 2022.

3. The City Council could choose not to accept the mandatory Annual Report and/or not set the matter of continuing the Lighting, Landscaping and Right of Way Improvement District for Fiscal Year 2022-23 for public hearing; 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:

Attachment B:

Attachment C:

Report of the City Engineer
Resolution No. 6122
Resolution No. 6123
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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nature
P:\PW Boards and Committees\CC\2022\042522\ROW District No. 3 Annual Report\042522 ROW Staff Report.docx

ATTACHMENT A
Report of the City Engineer

CITY OF CARPINTERIA

REPORT OF THE CITY ENGINEER RELATIVE

TO THE ASSESSMENT OF CARPINTERIA
LIGHTING, LANDSCAPING AND RIGHT-OF-WAY IMPROVEMENT DISTRICT NO. 3 April 25, 2022

1. INTRODUCTION
This report is prepared pursuant to Resolution No. 6114 as adopted by the City Council on March 28, 2022. The objective of the report is to describe the status of the District which provides funding for maintenance and improvements to the public right-ofway, including but not limited to maintenance and repair of curbs, gutters, sidewalks, street trees, and related activities. Further, the purpose is to provide a recommendation for assessments for the coming year which provides revenue to offset the costs involved in the district.

2. BACKGROUND
The Lighting, Landscaping and Right of Way Improvement District No. 3, hereinafter called District, was formed under the authority of the Landscaping and Lighting Act of 1972 in accordance with California Streets and Highways Code Section 22500 et al. The District was formed after lengthy study and hearings that were completed in June 1985.

Under the provisions of said authority, an annual report of the City Engineer must be presented and a hearing conducted on the proposed assessments for the upcoming fiscal year, Fiscal Year 2022-23. The assessment is not considered a tax in that the "benefit" is derived in accordance with the assessment, which varies from location to location depending upon the level of maintenance required in the public right-of-way adjacent to a parcel.

Effective with the adoption of the Fiscal Year 1992-1993 budget, assessments were increased $150,000 to finance the cost of park maintenance previously financed by the General Fund.

With the passage of Proposition 218 in Fiscal Year 1996-1997 park maintenance costs became ineligible for funding from this source and the $150,000 assessment for park maintenance was removed from the roll in Fiscal Year 1997-1998. In that same year, Carpinteria voters approved a Park Maintenance Tax that was accounted for in a separate Park Maintenance Fund to finance these activities.

ROW District Report by City Engineer for FY 2022-23

3. FINANCIAL DATA/ASSESSMENT INFORMATION
The income stream to the District consists of a fixed dollar assessment on real property, interest, and transfers from other funds. Fund transfers, such as from the Gas Tax Fund, are permitted to offset expenses associated with District staff performing activities as a part of District implementation that qualify for payment through the Gas Tax Fund. Although the expenses of the District are subject to inflationary pressures, there is no corresponding provision for inflationary adjustments to the assessments. The current assessment amount may only be increased by submitting the issue to a vote of the City's electorate. Although District revenue is currently not sufficient to cover costs, revenue from other sources ($81,300) are proposed for use to fully fund the District.

See Exhibit 2.

4. DISTRICT BOUNDARIES
Exhibit 1 is a map of the District boundary. The District boundary is coterminous with the City boundary with the exception of that portion located off-shore. Public and other exempt properties are not assessed by the District.

5. ANNEXATIONS
There were no annexations to either the City or the District during the past fiscal year.

6. RECOMMENDATION
It is recommended that the City Council adopt Resolution Nos. 6122 and 6123, thereby acting to accept and file the mandatory annual report of the City Engineer and set the matter of the continuation of Lighting, Landscaping, Right of Way Improvement District No. 3 for Fiscal Year 2022-23 for public hearing at the regular City Council meeting of May 23, 2022.

By: John L. Ilasin, P.E.

Public Works Director/City Engineer
Public Works Department
City of Carpinteria
ROW District Report by City Engineer for FY 2022-23

Exhibit 1
Map of District Boundary
ROW District Report by City Engineer for FY 2022-23

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ROW District Report by City Engineer for FY 2021-22

Exhibit 2
State of Fund Transactions and Financial Condition for the District ROW District Report by City Engineer for FY 2021-22
Page6
LIGHTING, LANDSCAPING AND RIGHT OF WAY IMPROVEMENT DISTRICT NUMBER 3

STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
FUND33

RIGHT OF WAY FUND
A. SUMMARY OF FUND TRANSACTIONS:

Fund Balance; July 1
, Fiscal Year Revenues
. Fiscal Year Expenditures
Fund Balance; June 30
Rev_enue Over/(Under) Expense

ACTUAL ACTUAL ACTUAL BUDGET PROJECTED
2018-19 2019-20 2020-21 2021-22 2022-23
$ - $ - ; $ (1,665) $ (12,572) $ (12,572)
407,605 355,279 , 224,586 276,650 276,650
407,605 356,944 235,493 276,650 276,650
(1,665) $ (12,572) $ (12,572) $ (12,572)
$ - : $ (1,665), $ (10,907) $ - $
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 YEAR REVENUE DETAIL:

District #3 Assessment
Penalties and Interest
Miscellaneous Revenue
Transfer from Other Funds
Total Revenues
$ - $ - $ - $ - $
$ 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 YEAR EXPENDITURE DETAIL:

Personnel Expense_
Right-Of-Way Maintenance (Contract)
StreetTree 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
25,665 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

ATTACHMENT B
Resolution No. 6122

THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6122

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CARPINTERIA

ACCEPTING AND ORDERING THE FILING OF THE REPORT OF THE

CITY ENGINEER, LIGHTING, LANDSCAPING AND RIGHT OF WAY
IMPROVEMENT DISTRICT NO. 3 (FY 2022-23)
WHEREAS, the City Council of the City of Carpinteria, California, did in Resolution No. 6114, adopted March 28, 2022, pursuant to the provisions of the California Landscaping and Lighting Act of 1972 (Section 22500 et seq. of the Streets and Highways Code), required the City Engineer to make and file with the City Clerk a report in writing, presenting certain matters to order certain street lighting fixtures and appurtenances to be installed, electrical energy and maintenance to be furnished for street lights; and to maintain landscaping, which includes the maintenance of street trees; replacing of same and appurtenances and appurtenant work relating to the above said landscaping including street tree maintenance; the installation and maintenance of irrigation systems necessary for the above; street sweeping; maintenance of designated parkways, landscaped areas, and curbs, gutters, and sidewalks, as contemplated under the provisions of the Landscaping and Lighting Act of 1972; and WHEREAS, on April 25, 2022, the City Engineer made and filed in the office of the City Clerk the report, which is responsive to the requirements of said resolution and as contemplated under the provisions of the Landscaping and Lighting Act of 1972; and WHEREAS, said the Public Works Director has presented the said report to the City Council, and the City Council has proceeded to carefully examine, inspect, and consider said report and is satisfied with said report and with each and all of the items therein set forth.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. That the report of the City Engineer of the City of Carpinteria, California, dated April 25, 2022, prepared and filed in the Office of the City Clerk pursuant to the requirements of the provisions of Resolution No. 6114 and in conformity with the provisions of the State Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) is hereby approved as so prepared, presented and filed.

SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of the City Council and shall make a minute of the passage and adoption thereof in the records of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

Resolution No. 6122

PASSED, APPROVED AND ADOPTED on April 25, 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 April 25, 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 C
Resolution No. 6123

THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6123

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CARPINTERIA

DECLARING ITS INTENTION TO LEVY ASSESSMENTS WITHIN LIGHTING, LANDSCAPING AND RIGHT-OF-WAY IMPROVEMENT DISTRICT NO. 3 FOR THE 2022/2023 FISCAL YEAR AND APPOINTING A TIME AND PLACE FOR HEARING

PROTESTS IN RELATION THERETO
WHEREAS, the Lighting, Landscaping and Right-of-Way Improvement District No. 3 ("District") was established in 1985 by the City Council pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) to fund the cost of maintaining and servicing improvements in the right of ways within the boundaries of the District; and
WHEREAS, the City Council has continuously since levied an annual assessment on the lots and parcels of the District in an amount equal to and proportional to the benefits received by such lots and parcels for said maintenance and servicing; and WHEREAS, the assessment is made in the public interest to ensure street safety.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. It is the intention of the City Council to order the continuation of the assessment district known as the Lighting, Landscaping and Right-of-Way Improvement District No. 3 for the fiscal year beginning July 1, 2022 and ending June 30, 2023.

SECTION 2. Continuation of said District shall entail the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972, whereby certain street lighting fixtures and appurtenances be installed, electrical energy and maintenance be furnished for street lights; and maintenance of landscaping, which includes street trees; replacing of the same and appurtenances and appurtenant work relating to the above said landscaping and tree maintenance; the installation and maintenance of irrigation systems necessary for the above; street sweeping; maintenance of designated parkways, landscaped areas, curbs, gutters, and sidewalks, as shown on Diagram for the Lighting, Landscaping and Right of Way Improvement District No. 3.

SECTION 3. The District boundary is coterminous with the City boundary with the exception of that portion located off-shore. Public properties shall be omitted and are not assessed by the District.

SECTION 4. The City Council has approved the Engineer's Report on the annual assessment for fiscal year 2022/2023, copies of which are on file with the City Clerk's Office. Reference to the Report may be made for a full and detailed description of the Resolution No. 6123

improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.

SECTION 5. The City Council finds that the assessments to be levied against each lot and parcel within the District are less than or equal to the assessments levied in fiscal year 2021/2022.

SECTION 6. That on May 23, 2022, at approximately 5:30 P.M., at City Council Chambers in City Hall, located at 5775 Carpinteria Avenue, is hereby appointed as the date and place for hearing protests in reference to said improvement.

SECTION 7. That the City Clerk is hereby authorized, designated and directed to give notice of said hearing in time, form and manner as required by law.

SECTION 9. That this resolution shall take effect immediately on adoption.

PASSED, APPROVED AND ADOPTED on April 25, 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 April 25, 2022.

Brian C. Barrett, City Clerk
City of Carpinteria
Resolution No. 6123

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
Gour.rcr- Aceruoe SrRrr Reponr
April 25,2022

ITEM FOR COUNCIL CONSIDERATION
Report on Parking and Business lmprovement Area Assessment District No. 4 for Fiscal Year 2022-23.

STAFF RECOMMENDATION
Adopt Resolution Nos. 6124 and 6125, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Parking and Business lmprovement Area District No. 4 for fiscal year 2022-23 for public hearing at the regular City Council meeting of May 23,2022.

Sample Motion: I move to adopt Resolution Nos. 6124 and 6125, as read by title only, thereby acting to accept the mandatory Annual Report and Budget; and to set the matter of the continuation of Parking and Business lmprovement Area District No. 4 for fiscal year 2022-23 for public hearing at the regular City Council meeting of May 23, 2022.

BACKGROUND
The Parking and Business lmprovement Area (City Assessment District No. 4) was formed in September 1986 with the adoption of City Ordinance No. 393, pursuant to the California Parking and Business lmprovement Area Law of 1979. Parking and Business lmprovement Areas are formed to enhance a specific area and increase customer/ tourist appeal. This has historically been accomplished through parking improvements, advertising/promotions, and increased public services like restroom and sidewalk cleanings. ln 1989, the State of California repealed the Parking and Business lmprovement Area Law of 1979 and enacted the Parking and Business lmprovement Area Law of 1989 (Streets and Highways Code Section 36500 et seq.). This new law was the impetus for the adoption in 1990 of City Resolution No.1882, which appointed a required five member Downtown "T" Business Advisory Board or DTBAB (formerly the Parking and Business lmprovement Advisory Board or PBIAAB) to advise the City Council regarding the level of assessments, expenditure of revenues from the assessments, and to provide an Annual Report (Attachment A) outlining certain Annual Report for PBIA Assessment District No. 4
April25,2022

activities within the District for the coming fiscal year. ln 2019, the City Council restructured the DTBAB from a five-member to a seven-member Board with three alternate members.

On March 28, 2022, by Resolution No. 61 15, the City Council ordered a report on the status and projections for Carpinteria Parking and Business lmprovement Area District No. 4 for Fiscal Year 2O22-23.

This matter will allow the City Council, if determined appropriate, to accept the Report and to set a public hearing date for its consideration of continuing the District.

DISCUSSION
The Board 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 Councilfor general promotion of business activities, economic growth and stability of the District, and general maintenance issues within the Downtown "T".

The Downtown "T" Business Advisory Board recommends that its Annual Report (Attachment A) be forwarded to the City Council. The Annual Report contains the following recommendations:

The General Business Assessment annual fee which is applicable to all businesses located within the boundaries of Assessment District No. 4, to remain at $1 19.25.

Special Parking Assessment Fees, which apply only to selected businesses, are currently not active.

Although there are occasional delinquencies in the payment of general business assessment fees, delinquent merchants continue to receive the benefits funded by the business assessment fees. The Downtown "T" Business Advisory Board urges the City Council to continue to support staff in vigorously pursuing delinquent assesiment fees, up to and including Small Claims proceedings and/or collections, with any appeal made directly to the City Council.

Unpaid balances from an individual merchant continue to not be forgiven, rather the balance due be carried fonrvard and added to assessments billed to that business in the next fiscal year. Those merchants currently delinquent will be sent a delinquent notice and letter. There are currently three delinquent businesses with a total prior years unpaid assessment of $596.25.

The PBIA District spends approximately $13,000 on various Downtown "T" promotions and related activities including the lndependence Day Parade, Halloween Trick or Treat, the Holiday Spirit Parade, and operation of the light pole banner program. Over the last 20 years, expenses for maintaining the City's downtown infrastructure have grown P:\PW Boards and Committees\CC\2022\042522\PBIA District No. 4 Continuation\042522 pBtA Staff Report.docx
Annual Report for PBIA Assessment District No. 4
April25,2022

considerably. ln the 1990's the City improved the Downtown with new pavement and sidewalks, landscaping, decorative street lighting and street furniture (benches, trash receptacles, newspaper vending racks, etc.) The City of Carpinteria now spends from Public Works funds, such as Gas Tax and Measure A funds, approximately $13,000 per year on steam cleaning the Downtown sidewalks, approximately $50,000 on operating and maintaining the restrooms adjacent to Parking Lot Nos. 1 and 3, and approximately $20,000 on landscaping, lighting and street furniture maintenance.

POLICY CONSISTENCY
The preparation and adoption of the Annual Report is consistent with the requirements laid out in Chapters 3 and 4 of the "Parking and Business lmprovement Area Law of 1989" of the California Streets and Highways Code.

FI NANCIAL CONSIDERATIONS
Total revenue from the District is proposed to be $15,264. For Fiscal Year 2O22-23, the District will only collect fees from General Assessment Fees since the Parking Lot No. 3 debt has been paid off. Attachments C and D detail the state of current fund transactions, the financial condition of the District and the proposed assessment roll for Fiscal Year 2022-23. A description of the fees, including their status, is provided below:

General Assessment Fees: apply to all businesses within the district and are currently proposed to be $1 19.25 per business for Fiscal Year 2022-23. These fees are used for promotion, maintenance, and revitalization activities within the District.

Special Parkinq Assessment Fees: apply only to selected businesses and are based on parking shortfalls as specified by City Zoning Code and a benefit ratio. The benefit ratio is based on a business's proximity to the location of a specific parking improvement and is used for acquisition, construction, and maintenance of those specific sub area parking improvements. The City has three publicly owned parking lots that are improved through special assessments. The remaining special parking assessment (Parking Lot No. 3) has been paid off and there are no active special parking assessments for Fiscal Year 2O22-23.

Parkinq Lot # 1 (Located on 9th Street between Yucca Lane and Elm Street) The funding program for this parking lot, which was financed through the sale of serial bonds, was paid off in 1988 by means of property assessments on the individual property owners. ln Fiscal Year 1996-97 an assessment fee was levied on businesses adjacent to Parking Lot #1 to reimburse the City for half of the costs incurred for resurfacing of the parking lot. Final payments on this assessment were completed in June, 2006.

P:\PW Boards and Commiftees\CC\2022\042522\PBIA District No. 4 Continuation\042522 PBIA Staff Report.docx
Annual Report for PBIA Assessment District No. 4
April25,2022

Parkin Lot#2 (Located on Cactus Lane)
The funding program for Parking Lot#2was established in FiscalYear 1987-88.

SB 959 Grant monies were used to fund a portion of the cost and funding of the balance was shared equally by the City and the businesses located in the area of benefit. The business share of the assessment was paid off in June, 1997. parKinq Lot-#3 (Located at the Amtrak Station on Linden Ave. and Fifth Street) Parking Lot #3 was completed in Fiscalyear lg8g-go. sB g5g Grant monies were used on this prolect 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. BusinesseJlocated in the proximity of Parking Lot #3 (also known as sub Area "8") are currenfly paying an assessment of $51.00 per parking space shortfall. This debt was paid off in 2018.

The projected fund balance at the end of this fiscal year (Fiscal Year 2021-22) is $9,037. Estimated revenue for fiscal year 2022-23 is $1 5,264 and the proposed budget is $1.2,750, leaving a fund balance at June 30,2o2g of $1 1,551. The proposed buog6t can be found in Attachment A and includes expenditures for Downtown events and activities.

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 218. lt 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 21g requirements.

OPTIONS
1 Adopt Resolution Nos. 6124 and 612s, acting to accept the mandatory Annual leport and Budget and to set the matter of the continuation of Parking and Business lmprovement Area District No. 4 for fiscal year 2022-23 tor fublic hearing at the regular City Council meeting of May 23,2022.

The City Council could choose not to accept the mandatory annual report and/or not set the matter of continuing the Parking and Business lmprovement Area District for fiscal year 2022-23 for public hearing; however, by omitting this step, the District would not be continued for Fiscal year 2022-23. 2 PRINCIPAL PARTIES EXPECTED T MEETING
There are no principal parties expected at the meeting
P:\PW Boards and Committees\CC\2022\042522\PBIA District No. 4 Continuation\042522 pBtA Staff Report.docx
Annual Report for PBIA Assessment District No. 4
April25,2022

ATTACHMENTS
Attachment A:

Attachment B:

Attachment C:

Attachment D:

Attachment E:

Attachment F:

Downtown "T" Business Advisory Board Annual Report & Fiscal Year 2022-23 Proposed Budget
Map of the District Boundaries
State of Fund Transactions and Financial Condition for the District Proposed Assessment Roll for 2022-23
Resolution No.6124
Resolution No.6125
Staff contact:

Brian C. Barrett, City Clerk
(805) 7 55-4446; brianb@ci. carpinteria. ca. us
Reviewed by:

John L. llasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400; [email protected] nteria. ca. us
P:\PW Boards and Committees\CC\2022\042522\PBIA District No. 4 Continuation\042522 PBIA Staff Report.docx
Annual Report for PBIA Assessment District No. 4
April25,2022

ATTACHMENT A
Downtown "T" Business Advisory Board
Annual Report & Fiscal Year 2O22-23 proposed Budget
P:\PW Boards and Committees\CO\2022\042522\PBIA District No. 4 Continuation\042s22 pBtA Staff Report.docx
City of Carpinteria
Downtown "T" Business Advisory Board

ANNUAL REPORT RELATIVE TO
ASSESSMENT DISTRICT NO.4
Subm itted April 25, 2O22

BOARD RESPONSIBILITIES
ln compliance with local and State regulations, the Downtown "T" Business Advisory Board (DTBAB) is responsible for providing an operational and financial mechanism to acquire, construct, and maintain off-street public parking facilities. Additionally, the Board makes recommendations to the City Council for general promotion of business activities, economic growth and stability in the District, and general maintenance issues within the Downtown "T". The Board 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 use of funds collected by the District. Prior to preparing this report the Board reviewed the status of delinquent assessment fees and changes that have taken place on the assessment roll during the past year.

BACKGROUND
California State Law and Streets and Highways Code Sections 36500-36504 prescribe the process for levying assessments and establish guidelines for the appointment of an Advisory Board to make recommendations on assessments and use of funds collected by the Assessment District. The Downtown "T" Business Advisory Board was created in 1990 pursuant to the California Parking and Business lmprovement Area Law of 1989 and was composed of five members (three assessment paying members and two at-large members). On June 24,2019 the City Council restructured the Downtown "T" Business Advisory Board to seven members (four assessment paying members and three at-large members), as well as three alternate members. The members are appointed by the Mayor, subject to the advice and consent of the City Council. They serve at the pleasure of the City Council without pay. Four of the members must represent businesses paying assessment fees in Assessment District No. 4. The remaining three members, while preferably business-related and representative of the Assessment District, may be any qualified persons as determined by the Council. ln addition, to the seven members, the City Council also created three alternate members to assist in obtaining a quorum.

ASSESSMENT DISTRICT NO. 4
Advisory Board
The Downtown "T" Business Advisory Board meets at City Hall at 8:30 a.m. on the first Thursday of every month. Meetings are conducted in accordance with the Brown Act and are open to the public.

DTBAB ANNUAL REPORT FY 2022-2023
Page 'l of 5
Current Board members:

Roxanne Barbieri (Chair)
Mary Beth Radley
Vacant
Vacant
Monica 5o16rzano
Vacant
Vacant
Vacant
Vacant
Vacant
Assessment Paying Mbr. (Roxanne's A Wish and A Dream)
Assessment Paying Member (Homestead Antiques & Trading) Assessment Paying Member
Assessment Paying Member
At-Large Member
At-Large Member
At-Large Member
Alternate Boardmember
Alternate Boardmember
Alternate Boardmember
District Boundaries
The boundaries of Carpinteria Assessment District No. 4 include the areas adjacent to Linden Avenue from the railroad to Carpinteria Avenue and from Holly Avenue to palm Avenue. All businesses located within the boundary of the Carpinteria parking and Business lmprovement Area District No. 4 are subject to a general business improvement assessment as set by City Ordinance and, where applicable, a special parking benefit assessment fee based on parking requirements as outlined in the City's zoning ordinance.

The District Boundaries can be found following this report

PARKING ASSESSMENT
Businesses within the boundaries of the Assessment District are subject to a special parking benefit assessment fee, which is used to reimburse the City's General Fund for the costs associated with the City's three parking lots. By City Ordinance No. 393, the funds derived from this assessment must be used exclusively for the purpose of acquisition, construction, and maintenance of off-street parking.

The criteria used for establishing parking assessments is based on the parking requirement per the zoning ordinance, less any on-site parking provided by the business, adjusted to reflect the benefit derived from the parking lot based on distance and accessibility to the parking lot.
. Parking Lot # 1 (Located on 9th Street between Yucca Lane and Elm Street) The funding program for this parking lot, which was financed through the sale of serial bonds, was paid off in 1988 by means of property assessments on the individual property owners. ln FY 1996-97 an assessment fee was levied on businesses adjacent to Parking Lot #1 to reimburse the City for costs incurred for resurfacing of the ptrking lot. Final payments on this assessment were completed in June, 2006. . Parking Lot#2 (Located on Cactus Lane)
The funding program for Parking Lot#2 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 shared equally by the City and the businesses located in the area of benefit. The business share of the assessment was paid off in June, 1gg7.

DTBAB ANNUAL REPORT FY 2022-2023

. Parking Lot #3 (Located at the Amtrak Station on Linden Ave. and Fifth Street) Parking Lot #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 #3 were assessed for the construction of the parking lot. This assessment was paid off in 2018.

Board Recommendation:

The Downtown "T" Business Advisory Board recommends the following to the City Council:

Parkinq Lot # 1, Parkino #2. and Parkino Lot #3
Parking Lots #1 , #2, and #3 are paid off. No action taken by Board.

GENERAL BUSINESS ASSESSMENT
All businesses located within the boundaries of District No. 4 are required to pay a general business assessment fee.

As outlined by City Ordinance No. 393, funds derived from the general business improvement assessment are restricted funds and must be used exclusively for the benefit of general business revitalization, promotion and improvement within the boundaries of the Parking and Business lmprovement Assessment District No.4.

The General Business Assessment fee for all businesses located within the Parking and Business lmprovement Area District No. 4 had not been increased since 1991 when City Resolution No. 1998 increased the assessment from the Fifty Dollars ($50.00) set by Ordinance in 1988, to One Hundred Dollars ($100.00) per business per year. On June 27, 2011, the annual general assessment was increased to One Hundred Fifteen Dollars ($1 15.00) per business per year, including an annual inflationary adjustment with a maximum increase of 3o/o annually. ln 2012, the general assessment fee was adjusted to $117.00 and in 2013 was $119.00 following the inflationary adjustments. For Fiscal Years 2O2O-21 and 2O21-22,lhe Board suspended the general assessment to support Downtown "T" businesses during the COVID-19 pandemic. The Board recommends keeping the general assessment fee at $1 19.25.

The annual inflationary index for this assessment is the Consumer Price lndex for Urban Wage Earners and Clerical Workers for Los Angeles-Riverside-Orange County, CA. The calculation is based on a March to March increase evaluation, in accordance with other City fee adjustments. For the past couple of years, the Board has recommended that the inflationary index be suspended.

DTBAB ANNUAL REPORT FY 2022-2023

Board Recommendation:

The Downtown "T" Business Advisory Board recommends the following to the City Council:

The General Business Assessment annual fee which is applicable to all businesses located within the boundaries of Assessment District No. 4, to remain at $11g.25 per business.

FUNDING OF DTBAB EVENTS AND ACTIVITIES
With the adoption of a City Marketing Plan in 1993, the City Council authorized the pBlA Board to fund events and activities in the Downtown "T" with monies derived from the annual General Business Assessment fees. The use of the restricted business assessment fees as the primary funding source changed the scope of the 1993 City Marketing Plan, at least geographically, from focus on a "Community-wide" plan to i Downtown "T" plan.

The Downtown "T" Business Advisory Board budget allocates the fees for planning and promotion of events held in the Downtown "T", as well as cooperative advertising programs, preparation and distribution of a courtesy map listing merchants in the Downtown "T", maintenance and replacement of the existing flag lbanner) systems, a signage program, and many other maintenance/improvement activities.

It should be noted that the Project Carpinteria Committee, which was formed under the IMarketing Plan and made up of PBIAAB members and representatives of the Carpinteria Valley Chamber of Commerce, has been dissolved and is no longer an active Committee under the Downtown "T" Business Advisory Board.
ln October,2007 the City Council approved the formation of a more inclusive community committee, separating it from the PBIAAB. Funding for the new "Carpinteria Firstl' Committee was provided by the General Fund, with the expectation that the Committee would focus on events and activities that benefit the entire community. The Carpinteria First Committee was dissolved in 2019.

The Downtown "T" Business Advisory Board continues to have the responsibility and duty to oversee the Assessment District parking and business assessment fees in iompliance with State regulations, including the responsibility to promote and encourage the economic growth and stability of the district. The Board also continues to plan and piomote activities and events in the Downtown "T".

The DTBAB reviewed the proposed 2021-22 budget prepared by City staff. The balanced budget included various promotional, marketing, maintenance, improvements and special events that highlight the Downtown "T". ln adopting the budget, the DTBAB recommends that the budget be reviewed during the next fiscal year to expiore ways to reduce the costs of the special events and parades while increasing the funds allocaied to promotions and marketing.

DTBAB ANNUAL REPORT FY 2022-2023

PROPOSALS
The Downtown "T" Business Advisory Board recommends the following proposals to the City Council:

1. Although delinquent in the payment of general business assessment fees, the delinquent merchants continue to receive the benefits funded by the business assessment fees. The Council is urged to continue to support staff in vigorously pursuing delinquent assessment fees, up to and including Small Claims proceedings, with any appeal made directly to the City Council.

2. Unpaid balances from an individual merchant continue to not be forgiven, but the balance due be carried forward and added to assessments billed to that business in the next fiscal year. Those merchants currently delinquent will be sent out a delinquent notice and letter.

PRESENTATION OF REPORT
It is recommended that the City Council accept this report and continue the existing Parking and Business lmprovement Area District No. 4 tor Fiscal Year 2022-2023, including the various proposals and recommendations associated therewith as presented or with modification.

SUBMITTED April 25,2022 by:

Brian C. Barrett, Clerk and Staff Liaison
to the Downtown "T" Business Advisory Board
DTBAB ANNUAL REPORT FY 2022-2023

CITY OF CARPINTERIA
Assessment District No. 4
Parking and Business lmprovement Area Fund 210
General Business Assesment Budget
FY 2022_2023
Estimated Fund Balance onTltl2Z g
General Assessment $
Estimated General Assessment Revenue 2022-2023 $
Estimated Parking lotAssessment Revenue ZOZ2-2O29 5
Total Estimated Revenue $
Budgeted Expenditures $
Estimated General Fund to Cover lot #3 Debt
9,037.00
tLg.2S
t5,264,O0
15,264.00
12,750.O0
Item Description FY 22123
Proposed
Budget
Employee Salaries
Portion of Annual Salary Attributed to DTBAB s
Staff Liaison Work
SUB TOTAT s
Contrac! Services (210-161-5301)
Laundering Banners S soo.oo
PBIA Portion of lndependence Day parade S 1,8oo.oo
PBIA Portion of Holiday Spirit Parade S 1.8oo.oo
SUB TOT S +,roo.oo
&
Advertisements (Halloween & DTBAB Mtgs.) S zso.oo
SUB TOTAL 5 zso.oo
Dues & Subscriptions (21 0-161-5510)
BMI/ASCAP Musical Licensing 5 r,soo.oo
SUB TOTAL S 1.5oo.oo
Rent & Leases
Downtown "T" Stations s
SUB TOTAL s
Supplies & Materials (210-X61-5560)
Banner Setup/Hardware S soo.oo
Halloween Candy S 2oo.oo
SUB TOTAI" S 7oo.oo
Street Maint€nance (210-431-5302)
Downtown "T" Trash Can Steam Cleaning S s,zoo.oo
SUB TOTAL S s,7oo.oo
Transfers ln / (Transfers Out)
Transfers ln
(Transfers Out)
SUB TOTAL s
GMND TOTAT OF EXPENSES $ rz,zso.oo
Projected Fund Balance las ol 6h0l23l S u,ssx.oo
Annual Report for PBIA Assessment District No. 4
April25,2022

ATTACHMENT B
Map of the District Boundaries
P:\PW Boards and Committees\CC\2O22\042522\PBIA District No. 4 Continuation\042522 PBIA Staff Report.docx
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Attachment B
Sub Area "B"
v
Exhibit'A'
Sub Area 'C"
Parki ng Lot #2
Parking Lot #2
Annual Report for PBIA Assessment District No. 4
April25,2022
Page I

ATTACHMENT C
state of Fund rransactions and Financial condition for the District P:\PW Boards and Committees\CC\2022\042522\PBIA District No. 4 Continuation\042522 pBtA Staff Report.docx
PARKING AND BUSINESS IMPROVEMENTAREA DISTRICT NUMBER 4

STATEMENT OF FUND TRANSACTIONS AND FINANCIAL CONDITION
FUND 210

PARKING AND BUSINESS IMPROVEMENT AREA FUND
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
Total Assets
LIABILITIES AND FUND BALANCE:

Accounts Payable
Fund Balance
Total Liabilities & Fund Balance
C. FISCAL YEAR REVENUE DETAIL:

Use of Money & Property
Assessment General BusinessDistrict #4 Assessment
Parking Lot Assessment
Transfer ln
Total Revenues
D. FISCAL YEAR EXPENDITURE DETAI[:

Salaries
Marketing Materials
Street Maintenance
Parking Lot #3 Debt
Contract Services
Printing & Advertising
Dues & Subscriptions
Supplies & Materials
Equipment/Office Rent & Leases
Transfer Out
Tota I Operating Expense
Capital lmprovements
Total Capital Outlay Expense
s (1,034) s (17,349) s (13,608) s (17,9s0) $ 2,514
5 az,gzo S 4s,s7o 5 26,962 S 9,072 s rr,sze
62,920 45,570 26,962 9,012 rt,526
62,920 45,570 26,962 9,072 17,526
5 az,gzo S 45,570 5 26,962 S 9,012 S 11,526
100 s
2s0 s 15,264
s ra,ggo 5 16,228 5 ooq S 3so 5 t5,264
ACTUAL
2018-19
S ss,gsg
14,880
t5,9t4
62,920
ACTUAT
2019-20
5 62,s20
t6,228
33,577
45,570
ACTUAL
2020-2L
S +s,szo S
604
19,2t2
26,962
BUDGET
202L-22

PROJECTED
2022-23
9,072
15,264
t2,750
L7,526
26,962 s
350
19,300
9,0r2
S 1,166
S r3,7r4
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467 s
s rs,zgo s 4,2L8 s
- 13,436
5,306
3,592 s
4,950
5,600
5,100
s,400 5,700
136 20t
2,500 t5,722
15,9t4 33,577 79,212 18,300 72,750
381
747
4,237
1,500
700
4,100
750
1,500
48 700
Total Expenditures s rs,gr+ s 33,5tt 5 r9,2r2 5 18,300 s 72,750 Annual Report for PBIA Assessment District No. 4
April25,2022

ATTACHMENT D
Propobed Assessment Roll lor 2022-23
P:\PW Boards and Committees\CC\2022\042522\PBIA District No. 4 Continuation\042522 pBtA Staff Report.docx
Gross
Assessment
PBIA Assessment Roll FY 2022-23
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Annual Report for PBIA Assessment District No. 4
April25,2022

ATTACHMENT E
Resolution No.6{24
P:\PW Boards and Commiftees\CC\2022\042522\PBIA District No. 4 Continuation\042s22 pBtA Staff Report.docx
RESOLUTION NO. 6124

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

ACCEPTING AND ORDERING THE FILING OF THE REPORT MADE PURSUANT TO

THE REQUIREMENTS OF
RESOLUTION NO. 6115 OF SAID COUNCIL
PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NO. 4
(FY'2022-231
WHEREAS, the City Council of the City of Carpinteria, California, did in Resolution No. 6115, adopted March 28,2022, pursuant to the provisions of Chapters 3 and 4 "Parking and Business lmprovement Area Law of 1989" of the State of California (Part 6 of Division 18 Section 36530 et seq. of the Streets and Highways Code of said State), require the Downtown "T" Business Advisory Board to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed acquisition, construction or maintenance of parking facilities for the benefit of the area; decoration of any public place in the area; promotion of public events which are to take place on or in public places in the area; furnishing music in any public place in the area; and general promotion of business activities in the area as contemplated under the provisions of said "Parking and Business lmprovement Area Law of 1989"; and WHEREAS, said Downtown uTu Business Advisory Board, pursuant to the requirements of said City Council as expressed in said Resolution and of said law, did make and on the 25th day of April,2O22, file in the office of the City Clerk (who is exofficio Clerk of the City Council) of said City, the report in writing responsive to the requirements of said Resolution and as contemplated under the provisions of said "Parking and Business lmprovement Area Law of 1989"; and WHEREAS, said City Clerk has presented the said report to the City Council of said City, and said Council has proceeded to carefully examine, inspect and consider the said report and is satisfied with said report and with each and all of the items therein set forth;
NOW, THEREFORE, BE lT RESOLVED as follows:

SECTION 1. That the report of the Downtown "T" Business Advisory Board of the City of Carpinteria, California, bearing date of the 25th of April, 2022, which said report was prepared and filed pursuant to the requirements of the provisions of Resolution No. 6115 of the City Council of said City and in conformity with the provisions of the "Parking and Business lmprovement Area Law of 1989," of the State of California, (Part 6 of Division 18 of the Streets and Highways Code of said State), and which said report was filed in the office of the City Clerk of the City of Carpinteria, California, on the 2Sth day of April,2022, be and the same is hereby approved as so prepared, presented and filed.

Resolution No.6124

SECTION 2. That the City Clerk shall certiff to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of the City Council of said City and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

PAssED, APPROVED AND ADoprED this 25th day of Aprit, 2022 by the following called vote:

AYES:

NOES:

ABSENT:

ABSTAIN
COUNCIL MEMBER:

COUNCIL MEMBER:

COUNCIL MEMBER:

COUNCILMEMBER:

Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, City Clerk
City of Carpinteria
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 25th day of April,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
Annual Report for PBIA Assessment District No. 4
April25,2022

ATTACHMENT F
Resolution No.6125
P:\PW Boards and Committees\CC\2022\042522\PBIA District No. 4 Continuation\042522 PBIA Staff Report.docx
RESOLUTION NO.6125

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

DECLARING ITS INTENTION TO ORDER THE

GONTINUATION OF AN ASSESSMENT DISTRICT

AND COLLECT ASSESSMENTS PURSUANT TO THE
PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989

FOR PURPOSES OF ACQUISITION, CONSTRUCTION

OR MAINTENANCE OF PARKING FACILITIES AND GENERAL PROMOTION

OF BUSINESS ACTIVITIES IN THE AREA DESCRIBED AS SHOWN ON

THE PLAN AND DIAGRAM FOR THE FISCAL YEAR COMMENCING
JULY 1,2022 AND ENDING JUNE 30,2023;

AND APPOINTING A TIME AND PLACE FOR
HEARING PROTESTS IN RELATION THERETO ..

CARPINTERIA PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT NO. 4 (FY 2022-231

THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the public interest and convenience require, and that it is the intention of the City Council of the City of Carpinteria, California, to order the continuation of an assessment district known as the Carpinteria Parking and Business lmprovement Area District No. 4 and to levy and collect assessments pursuant to the parking and Business lmprovementArea Law of 1989 (Streets and Highways Code 36500 eiseq.l and to order the acquisition, construction and maintenance of pait<ing facilities as well as to undertake such other activities for the purpose of the general promotion of business activities within the District as described herein, shown on the diagram and plan for the Carpinteria Parking and Business lmprovement Area District No. 4, all as on file in the office of the City Clerk, for the fiscal year beginning July 1 ,2022.

SECTION 2. The following summarizes the proposed boundaries, assessments and programs for Fiscal Year 2022-23 for lmprovement Area District No. 4:

1. The boundaries of the Parking and Business lmprovement Area District No. 4 are proposed to be unchanged from Fy 1gg7-gg.
2- The General Business Assessment, applicable to all businesses within the lmprovement Area District No. 4, is proposed to remain at $1 1g.25.

3. The debt for the creation of Parking Lot #3 has been paid off and there will be no parking assessments within Sub-Area "8" assessed per business as detailed in the staff report dated April 25, 2022.

Resolution No.6125
Page2

4. Proceeds from the General Business Assessment will be used to promote and advertise business activities within the lmprovement Area, develop a directional signage program, and contribute to parking lot maintenance activities.

SECTION 3. To expedite the making of said improvement, the City Council may at any time transfer into the Carpinteria Parking and Business lmprovement Area District No. 4 Fund, from the General Fund, such sums as it shall deem necessary, and the sums so transferred shall be deemed a loan to such Fund and shall be repaid out of the proceeds of the assessments provided for in this resolution, and pursuant to the provisions of the "Parking and Business lmprovement Area Law of 1989," referred to herein.

SECTION 4. That said contemplated work and improvement, in the opinion of the City Council, is of more than local or ordinary benefit, and said Council hereby makes the expense of said work and improvement chargeable upon a district, which district said Council hereby declares to be the district benefited by said work and improvement, and to be assessed to pay the cost and expense thereof, which said district consists of portions of the City of Carpinteria as shown on the Diagram and Plan for said District No. 4 on file in the office of the City Clerk, and to which said Diagram and Plan reference is hereby made for a complete and detailed description of said district, excepting from said district any portion of any public street, alley or court that may be included therein. The said Diagram and Plan so on file shall govern for all details as to the extent of said assessment district.

SECTION 5. Any lots or parcels of land known as public property, as the same is defined in Section 22663, Streets and Highways Code, hereinafter referred to, which are included in the said assessment district, shall be omitted and exempt from the assessment to be made to cover the costs and expenses of said contemplated improvement.

SECTION 6. The improvement contemplated by this Resolution of lntention shall be done under the provisions of the "Parking and Business lmprovement Area Law of 1989" (now Part 6 of Division 18 of the Streets and Highways Code of the State of California).

SECTION 7. That Monday, May 23, 2022, at the hour of 5:30 P.M. of said day, be and the same is hereby appointed as the time, and the Council Chamber in the City Hall, at 5775 Carpinteria Avenue in the City of Carpinteria, California, is hereby appointed as the place for hearing protests in reference to said improvement.

SECTION 8. That the City Clerk is hereby authorized, designated and directed to give notice of said hearing in time, form and manner as required by law.

SECTION 9. That the Coastal View, a newspaper of general circulation, published in the County of Santa Barbara and circulated in the City of Carpinteria, California, is hereby designated as the newspaper in which such notice shall be published.

SECTION 10. That this resolution shall take effect immediately, and the City Clerk shall certify to the passage and adoption of this resolution; shall cause the original of the Resolution No. 6125

same to be entered among the original resolutions of the City Council of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

PAssED, APPROVED AND ADoprED this 25th day of Aprit, 2022 by the following called vote:

AYES: COUNCIL MEMBER
NOES: COUNCIL MEMBER
ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER
Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, City Clerk
City of Carpinteria
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 25th day of April,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
Cour.rcr- Aceruoe Srnrr RepoRr
April 25,2022

ITEM FOR COUNCIL CONSIDERATION
Report on Winter Protection Berm Assessment District No. 5 for Fiscal Year 2022-23

STAFF RECOMMENDATION
Adopt Resolution No. 6126, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Assessment District No. 5 for Fiscal Year 2022-23 for public hearing at the regular City Council Meeting of May 23,2022.

Sample Motion: I move to adopt Reqolution No. 6126, as read by title only, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Assessment District No. 5 for Fiscal Year 2022-23 for public hearing at the regular City Council Meeting of May 23,2022.

BACKGROUND
The Assessment District No. 5 (District) for the Winter Protection Berm Program was formed by Resolution No. 3061 , dated December 14, 1992 in order to fund the annual storm wave damage reduction program. Each year, it is necessary to hold a public hearing to receive public input including any protests prior to consideration of setting the annual assessment charged to properties within the District's boundaries.

The Winter Protection Berm Program provides a measure of protection against ocean storm waves along Carpinteria City Beach. ln past years when strong storms have generated flood or erosion events along Carpinteria City Beach, the Winter Protection Berm Program worked well to reduce or prevent damage.

The City continues to work with the United States Army Corps of Engineers to identify if alternate approaches might provide a more optimal solution to the chronic threat of ocean storm wave damage to public and private improvements along the ocean front.

Annual Report on Assessment District No. S
April25,2022
Page2
This matter will allow the City Council, if determined appropriate, to accept the Report and to set a public hearing date for its consideration of continuing the District.

DISCUSSION
The adoption of Resolution No. 6126 is the next step toward meeting this objective.

Said Resolution sets the date of the public hearing for May 23,202[when final action on the setting of the annual assessment for the District may be taken pursuant to Government Code Section 54954.6, which pertains to notiCe of assessments. See Attachment A for Resolution No. 6126.

In accordance with the City Council's Resolution lnitiating Proceedings, the City Engineer has filed the report with the City Clerk as required by the M-unicipal lmprovement Act of 1913. The report contains the following pirts:

A. Plans and specifications of Winter Protection Berm Project. B. Estimate of Project Cost. C. Assessment Role of Parcels of Land within Assessment District. D. Method of Apportionment of Assessment. E. Assessment Role of the Owners of Parcels of Land within Assessment District. F. Assessment Diagram. G. Collection Statement. H. Unpaid Assessment Statement.

See Attachment B for Report of the City Engineer.

POLI coNs NCY
The Safety Element of the City's General Plan and Local Coastal Plan states the following:

Obiective S'4: Minimize the potentiat risks and reduce fhe /oss of life, property and the economic and social dislocations resulting from flooding.

P:\PW Boards and committees\cc\2022\042s22\Assessment District No. 5 Annual Report\O42 S22_Assessment D istrict 5 Staff Report. docx The Winter Protection Berm Program is an important public safety project that protects public and private property improvements along Carpinteria City g"ach. The purpose of the Winter Protection Berm Program is to provide for a measure of protection to improvements behind Carpinteria City Beach. Protection is needed'during the winter in the event of a severe winter storm. Historically, powerful waves generated by large Pacific Ocean storms have been known to overrun and flood local beaches and c-oastal structures. The Winter Protection Berm Program is intended to help reduce the frequency of damage to the housing front which othenruise might occur if no berm was built.

Annual Report on Assessment District No. 5
April25,2022

Further policy consistency may be found in the Safety Element's lmplementation Measure No.13:

13. The City shall support and facilitate the current Army Corps of Engineers (ACOE) feasibility study and otherwise pursue long-term solutions for beach nourishment and establishment of a vegetated dune system at City Beach. As an interim measure, and with permission from the CoastalCommission and US Army Corps of Engineers, the City may construct a sand berm on the City Beach parallel to the homes fronting on the beach.

FINANCIAL CONSIDERATIONS
The City utilizes the revenue from Assessment District No. 5 to partially pay for the Winter Protection Berm Program. Should the District not collect the funds as programmed, the City would need to find an alternative source of funds or discontinue the Winter Protection Berm Program.

The proposed action is the next step toward continuing the District providing funding for annual Beach Berm construction.

District funding
City Contribution
TotalAnnual Cost
$20,228.34
$15,271 .66
$35,500.00
LEGAL
The minimal protection provided by the berm is not intended to serve as a substitute for any private storm protection improvements or private flood insurance. The winter protection berm is not impervious to being destroyed itself. Even with the winter protection berm in place, the possibility of damage to public and private improvements by winter storms still exists.

OPTIONS

1. Adopt Resolution No. 6126, acting to accept the mandatory Annual Report and Budget and to set the matter of the continuation of Assessment District No. 5 for Fiscal Year 2022-23 for public hearing at the regular City Council Meeting of May 23,2022.

2. The City Council, at its discretion, may modify the findings of the Report in any respect (Streets and Highway Code Section 10300) and the modified Report will stand as the Report for all subsequent proceedings except that the City Council may not change the boundaries of the District to include any territory that will not, in its judgment, be benefitted by the improvement.

3. The City Council could choose not to accept the mandatory Annual Report and/or not set the matter of continuing Assessment District No. 5 for public hearing; however, by omitting this step, the District would not be continued for Fiscal Year 2022-23.

P:\PW Boards and Committees\CC\2022\042522\Assessment District No. 5 Annual Report\042 S22_Assessme nt District 5 Staff Report. docx Annual Report on Assessment District No. S
April25,2022

PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting

ATTAC ENTS
Attachment A:

Attachment B:

Resolution No. 6126
Report of the City Engineer
Staff contact:

Brian C. Barrett, City Clerk
(805) 7 55-4446; brianb@ci. ca rpinteria. ca. us
Reviewed by:

John L. llasin, Public Works Director
(805) 880-3402; [email protected]. us
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400; daved .carpinte ca.us
P:\PW Boards and committees\cc\2022\042s22wssessment District No. 5 Annual Report\O42 S22_Assessment District 5 Staff Report. docx

ATTACHMENT A
Resolution No. 6126

THIS PAGE INTENTIONALLY LEFT BLANK
P:\PW Boards and committees\cc\2O22\042s22wssessment District No. 5 Annual Report\O42522_Assessment District 5 Staff Report. docx
RESOLUTION NO. 6126

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF CARPINTERIA

TO SET THE ASSESSMENT FOR THE CITY OF CARPINTERIA'S
ASSESSMENT DISTRICT NO. 5 FOR THE 2022.23 FISCAL YEAR.
(PURSUANT TO THE MUNTCTPAL TMPROVEMENT ACT OF 1913)

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council intends to set the amount of the assessment for the City of Carpinteria's Assessment District No. 5 and to levy and collect this assessment pursuant to the Municipal lmprovement Act of 1913, Streets and Highways Code.

SECTION 2. The improvements to be made in this assessment district are generally described as follows:

The annual installation and removal of Winter Protection Berm that is located along the entire length of the Carpinteria City Beach between Linden Avenue and the western limits of the City of Carpinteria along the coastline.

SECTION 3. This assessment district is known as Assessment District No. 5, City of Carpinteria, Santa Barbara County, California. The general location of this assessment district includes the area northerly of Carpinteria City Beach and southerly of Sandyland Avenue in the City of Carpinteria.

SECTION 4. ln accordance with the City Council's Resolution lnitiating Proceedings, the City Engineer has filed with the City Clerk the report required by the Municipal lmprovement Act of 1913. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the Assessment District No. 5 and the proposed assessments upon assessable lots and parcels of land within the assessment district.

SECTION 5. On Monday, the 23rd day of May, 2022, at the hour of 5:30 o'clock PM, or as soon thereafter as may be heard, the City Council will conduct a public hearing on the levying of the proposed assessment and ordering the installation of the improvements. The public hearing will be held in the City Council Chambers located at 5775 Carpinteria Avenue, Carpinteria, California.

SECTION 6. By adoption of this Resolution, the City Council indicates its intention to comply with the requirements of the Special Assessment lnvestigation, Limitation and Majority Protest Act of 1931 , Streets and Highways Code Section 2800 and following including specifically Sections 2960 and 2961 thereof.

Resolution No. 6126
Page2
SECTION 7. The City Clerk is authorized and has been directed to give the notice of this hearing as required by Government Code Section 54954.6.

PAssED, APPROVED AND ADOPTED on Aprit 2s,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
l_hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on April 25,2022.

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
Report of the City Engineer

THIS PAGE INTENTIONALLY LEFT BLANK
City of Carpinteria Assessment District #5
The Carpinteria Beach Winter Protection Berm
District's Engineer's Report
Fiscal Year 2022 - 23
This report contains the following parts:

A. Plans and specifications of the winter berm project.

B. An estimate of the costs of the project.

C. An assessment role.

D. A statement of the method in which project costs were apportioned to each benefited parcel of land within the district.

E. A list of the names and addresses of each owner of property within the district's boundaries known to the City.

F. An assessment diagram
G. A statement which confirms the collection of assessments for the project may be subsequent to the work for the project.

H. A statement of the total amount of assessments for all properties with in district's boundaries which remains unpaid and the totaltrue value, as near as may be determined, of the parcels of land and improvements that are proposed to be assessed. This is provided pursuant to $2961 of California's Streets and Highways Code known as the Majority Protest Act of 1931.

PART A
Project plans and specifications

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LINDEN AVENUE
Winter Protection Berm Project Site
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Carpinteria, California 93
crTY oF CARPTNTERTA WTNTER PROTECTION BERM (TYP|CAL SECTTON) 1z',
elev. 16'+/- above sea level
40'
Typical Section
(no scale) rl
Sand Material shall be bulldozed up primarily from seaward side, preferably from above mean tide height Notes:
l. Typical section diagram is typical only and may-vary depending upon field conditions Z. Estimated cubic yardage is 13,200 CY based on 1,440 linear feet. This will vary depending on field conditions.

PART B
Estimate of Project cost
PART B
Engineer's Report
Estimate of Project Gost
Carpinteria Gity Beach Winter Protection Berm
Fiscal Year 2022-2023
The following estimate of project cost for the Carpinteria City Beach Winter Protection Berm is prepared in order to determine the anticipated cost of installing, maintaining, and removing the annual project. Variables that exist in this estimation include not knowing what beach conditions will be for the berm installation in the fall, what level of maintenance will be necessary to keep the berm intact during the winter and how much machine time will be needed to remove the berm in the springtime. Other components of the cost estimate are more reliable. These components include the cost of biological reporting and project administration.

The installation of the winter protection berm is accomplished by a negotiated contract pursuant to 22032(a) of the California Public Contract Code. This code states that public projects of forty-five thousand dollars ($4b,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.

The cost to construct the berm in 2022-2023 Fiscal Year is estimated to be $12,000. This amount is based upon the following breakdown; Machine time $12,000.00
The quantity of maintenance needed throughout the winter storm season is based upon the severity of weather encountered during the time the berm is in place. Some winters require no maintenance while others can require a significant maintenance effort. An amount should be contributed each year in an effort to anticipate some level of maintenance. Again based upon empirical data, a contribution of five thousand dollars per year should on average be adequate.
$5,000.00
Removal of the berm in order to return the berm material to the upper tidal zone and to reconfigure the beach to a natural spring profile also varies for several reasons. Should the winter be exceptionally mild, and the berm remains one hundred percent intact, a greater amount of time will be required to remove it. After some winter seasons, a significant portion of the berm is eroded away, reducing berm removal costs. Removal costs can thereby vary significantly from year to year.

An estimated cost for this procedure equals $12,000.00
Biological monitoring is a requirement of the Army Corps of Engineers and California Coastal Commission who grants authority to the City to do this project. Under the monitoring plan, the California grunion and snowy plover bird must be studied each season in order to insure mechanical beach sand movement does not interfere with the spawning or nesting grounds. This procedure is performed by City staff with consultation being performed by a qualified biologist.

The cost of this operation equals $ 2,000.00
The general administration of the berm project overall includes the coordination for construction of the berm, supervision of the construction, any general or related tasks associated with berm management, monitoring of the berm in the winter to watch for berm erosion, preparation of the reports that must be submitted to the Army Corps of Engineers and the California Coastal Commission, berm assessment accounting and management
The cost of this operation equals $4,500.00
Based, therefore, on the above anticipated cost of the project, the estimated cost in the fiscal year 2022-2023 would be thirty-five thousand fivehundred dollars. ($35,500).

The Assessment District No. 5 total assessment was set in January 1997 by a mail ballot. ln that process, the total District fees were set at Twenty thousand two hundred twenty eight and 34/100 dollars ($20,228.34).

The City of Carpinteria may not raise that assessment without an affirmative vote of the affected property owners. As such, in 2021-22 the City will contribute to the District in an amount of fifteen thousand two-hundred seventy one dollars and 66 cents ($15,271 .66). Therefore the net amount assessable on land within the district is Twenty thousand two hundred twenty eight dollars and 34 cents ($20,228.34).

PART C
An assessment role of the owners of parcels
of land within the assessment district.

City of Carpinteria Assessment District #5 FY 2022-23
PART C An assessment role of the parcels
of land within the assessment district.

Owner APN Total Assessment
Seohorse Trust I 115/03
3612 Piffer Rood SE, Olvmpio, WA, 98501
003-470-00B $500.52
Cloire Roberts,Trustee
(for) Roberis Fom Tr-B
3330 Foothill Rood, Corpinterio, CA,930.l3
003-470-010 $494.21
City of Corpinterio
577 5 Corpinterio, Corpinterio, CA, 9301 3
003-470-0,l3 $15,271.66
Thorrell D./ Dinoh L. Ming
I I l3 Tom O Shonter Drive, Bokersfield, CA, 93309
003-490-001 $547.90
Brittony L. Bornes
I 155 N Centrol Ave #209, Glendole, CA, 91202
003-760-00,| $235.87
Mulford Fomi[ Trust
4709 Sondylond Rood #2, Corpinferio, CA, 930.l3
003-760-002 $235.87
Compbell Sondylond LLC
15421 Chemicol Lone, Huntington Beoch, CA,92647
003-760-003 $235.87
Jomes/ Corol Miller
3lB3B Foxfield Drive, Westloke Villoge, CA,9l36l
003-760-004 $235.87
Groyer Fomily GST Exempt Trust
14903 Volley Visto Blvd., Shermon Ooks, CA, 9,l403
003-760-005 $235.87
John M. Edmonston
1 51 7 Wilson Avenue, Son Morino, CA, 9l l0B
003-760-006 $2s5.87

AMSS LLC
210 South Oronge Grove Boulevord, Posodeno, CA,
91105
003-760-007 $235.87
Ruth Giocopuzzi
22419 Gilmore Street, Conogo Pork, CA, 91304-3707
003-760-008 $235.87
Fronk/ Morgoret Roughon
Fomily Trusl7l10/96
4709 Sondylond Rood #3, Corpinterio, CA, 930,l3
003-770-00.l $23s.87
Mulford Fomily 2002 DiscloimerTrust Mulford
4709 Sondylond Rood #2, Carpinterio, CA, 930,l3
003-770-002 $235.87
Rodney A./ Ann B. Resnik
Trustees (for) Resnik Liv l98B
352 Colle Converse, Comorillo, CA, 930,l0-,l836
003-770-003 $235.87
Resnik 19BB LIV TR
352 Colle Converse, Comorillo, CA,93010-,l836
003-770-004 $235.87
Lee Jomieson
310.l Stote Rood, Bokersfield, CA,93308
003-800-00.| $235.87
Krystyno Jomieson
3,l01 Stote Rood, Bokersfield, CA, 93308
003-800-002 $2s5.87
City of Carpinteria Assessment District #5 FY 2022-23
PART C An assessment role of the parcels
of land within the assessment district.

Owner APN Total Assessment
Dennis Moul Soles, lnc.
2729 21st Street Bokersfield, CA,9330,I
003-800-003 $244.52
4975 Sondylond Rood Associotion
497 5 Sondylon d Rood #,l0'1, Corpinterio, CA,930]3
003-830-001 $,l93.80
Chorles R./ Allemon
?004 N. Trocy Rood, Simi Volley, CA,93063
003-830-002 $193.80
4975 Sondylond Rood Associotion
3324 Stote Street #F Sonto Borboro , cA, 93,l05
003-830-003 $1e3.80
4975 Sondylond Rood Associotion
4975 Sondylond Rood #104, Corpinterio, CA, 93013
003-830-004 $te3.B0
4975 Sondylond Rood Associotion
1466 uistrion Avenue Thousond Ooks, C 9,l 360
003-830-005 $,l93.80
4975 Sondylond Rood Associotion
4194 R ol Ook Drive Encino, CA,91436
003-830-006 $tes.Bo
Kothleen Ann Doley Schroeder
5075 Eost Powers Avenue, Clovis , cA,936ll
003-830-007 $193.80
4975 Sondylond Rood Associotion
835 Holly Avenue, Corpinterio, CA,930,l3
003-830-008 $1e3.80
Jovier Echeverrio
4403 Beor Mountoin Boulevord, Bokersfield, CA,
933,l 3
003-830-009 $193.80
Schifrin Fomily Truot
187 64 Foirfield Rood, Northrid ge, CA, 91326
003-830-010 $1e3.80
4975 Sondylond Rood Associotion
3766 Oleonder Drive, H hlond cA,92346
003-830-0il $1e3.80
Dovid Blockburn
32451 Mediterroneon Drive, Monorch Beoch, CA,
92629
003-830-012 $te3.B0
Ron Polocios
P.O. Box 940148, Simi Volley, CA, 93094
003-830-013 $1es.80
Brion E. McKee
4212 E. Los Angeles Avenue #3441, Simi Volley, CA,
93063
003-830-014 $1e3.80
Noncy A. Wright
3153 Scottys Terroce, Simi Volley, CA,93063
003-830-015 $r e3.B0
Fortner/ Guyor Fomily Survivors Trust l2/g/2002
P.O. Box ,l530, Wro il A 99929
003-830-016 $1e3.80
4975 Sondylond Rood Associotion
29480 Bertrond Drive ouro Hills, C 9l 30r -4126
003-830-017 $1e3.80
McAdoms Fomily Trusi 4/13/12
l3l I Kenwood Rood, Sonto Borboro, CA, 93.l09
003-830-01B $r 93.80
City of Carpinteria Assessment District #5 FY 2022-23
PART C An assessment role of the parcels
of land within the assessment district.

Owner APN Total Assessment
Gerloch Fomily Living Trust 3127197 Joonne C.

Gedoch
I 186 Deep Wood Drive, Westloke Villoge, CA,91362
003-830-019 $193.80
Jomes/ Potricio Riner
Ttrust 9/14192
23222 8th Street, Newholl, CA, 91321
003-830-020 $193.80
Kozmon Fomily Irvst 5/2U09 Doy Trust
4259 Clorindo Drive, Torzono, CA, 9.l356
003-830-02.| $193.80
497,5 Sondylond Rood Associotion
203 Quincy Avenue, Lonq Beoch, CA, 90803
003-830-022 $te3.B0
4975 Sondylond Rood Associotion
l7B4 Collingswood Court, Westloke Villoge, CA,
91362-4730
003-830-023 $1e3.80
4975 Sondylond Rood Associotion
3630 Viewcrest Drive, Burbonk, CA, 9.l504
003-830-024 $193.80
4975 Sondylond Rood Associotion
12008 Wood Ronch Rood, Gronodo Hills, CA, 91344-
2160
003-830-025 $1e3.80
Jomes Russo
32314 I 2l ST E, Juniper Hills, CA, 93553
003-830-026 $193.80
4975 Sondylond Rood Associotion
10726 Esther Avenue, Los Anqeles, CA, 90064-3223
003-830-027 $1e3.80
4975 Sondylond Rood Associotion
4605 Windsor Blvd, Combrio, CA, 93428
003-830-028 $l es.Bo
Clifford H./ Potricio J. Aldrich
TRII/87
707 EasI Polm #A, Burbonk, CA, 9]501
003-830-029 $193.80
Genstil Trust
Z9B Preokness Ploce, Newbury Pork, CA,91320-4927
003-830-030 $te3.B0
4975 Sondylond Rood Associotion
91 Dombey Circle, Thousond Ooks, CA, 9,l360
003-830-031 $193.80
Todhunter Living Trusl 47128104
3l0l Coronodo Drive, Fullerton, CA, 92835
003-830-032 $193.80
Dovid Blockburn
32451 Mediterroneon Drive, Monorch Beoch, CA,
92629
003-830-033 $193.80
Murochonion Fomily Trust Murochonion
2370 Sherwood Rood, Son Morino, CA,91108
003-830-034 $193.80
Frey Fomily Trust 9/20/90
31349 Cherry Drive, Costoic, CA,9l3B4
003-830-03s $r 93.80
City of Carpinteria Assessment District #5 Fy 2022-23
PART C An assessment role of the parcels
of land within the assessment district.

Owner APN Total Assessment
Ross/McDonough Fomily Trust I 2/03/201 3
1 l60l Wilshire Blvd. #2,| 50, Los An les, CA, 90025
003-830-036 $tes.Bo
Tyborco Sortino Portners, LLC (DE) Friedmon

3.l200 Cedor Volley Drive, Westloke Villoge, CA,
91362-403s
003-840-013 $251.03
Potrick/ Merry G. Henry
2007 Revocoble Living lrusf .l39 Wood Duck Avenue Son er, 93657 003-840-014 $251.0s

PANT PROPERTIES, LP
lB53Z Porthenio Street , Northrid e cA,91324-4026
003-840-015 $251.03
Mezzio, Sondro Seporote Property Trust Mezzio
198 Tiburon Lone, Sonto Borboro , CA,93IOB
003-840-016 $25r.03
Suson Lynn Smith
I l9 4th Street Seol Beoch 90740
003-840-017 $25,l.03
Mory M. Clork, Trustee 8/30/88
4925 Sondylond Rood # F, Corpinterio, CA, 93013-
2357
003-840-0tB $25.l.03
John D./ Christino Lund
Revocoble Living Trust
98 Olive Mill Lone, Sonto Borboro ,CA 93,l 08
003-850-013 $s5e.40
Jock L. Sincloir
800 W lst Street #2308 ,LosA eles, CA, 90012
003-850-014 $25r.03
Gorcio Fomily Trust l0/30/02 Jensen
530,l Scott Robertson Rood Hidden Hills 91302
003-850-015 $25r.03
Bomo & Bompo Exemption Trust g/7 /05
BBB Colle Del Norte Comorillo, CA 930,l 0
004-090-001 $235.30
Louis/ Jocqueline Cornevole, Trustees
4867 Son lond # B, Co nterio cA, 93013-2359
003-490-025 $235.30
Brion G. Fitzgerold, Trustee
1935 Colomor Court, Comorillo , cA, 93010-9279
004-090-003 $235.30
Zeolo Living Trust I lg lBT
4924 El Corro Lone Co nterio cA, 930]3
004-090-004 $235.s0
Dovid/ Lorroine Poich
50,l S. Beve Drive #3 B Hills, CA 90212-4s20
004-091-001 $235.24
Leide, Lucy Condler Trust j /22/57
3903 Belloire Boulevord , Housfon TX,77025
004-091-002 $23s.24
Judith Coroton Living lrust g /27 /04
I 16] I Horri on Sfreet Bokersfield, C 933r I
004-091-003 $23s.24
Hobin Fomily Trust
8908 Versoilles Drive Bokersfield, 933] I
004-09 .|-004
$235.24
City of Carpinteria Assessment District #5 FY 2022-23
PART C An assessment role of the parcels
of land within the assessment district.

Owner APN Total Assessment

MARCHBANKS PROPERTIES, LLC
2402 Exton Street, Bokersfield, CA,9331 I
004-09
,|-005
$235.24
Christopher Morin Coroton
2901 22nd Street, Bokersfield, CA,933ll
004-091-006 $23s.24
Scott Ellis Mclntosh
14919 Lo Cumbre Drive, Pocific Polisodes, CA, 90272
004-09.l-007 $235.24
Richord De Mornoy, Trustee
P.O. Box 4085, Sonto Borboro, CA, 93,l40-4085
004-09r -008 $235.24
Doris L. Ecker lrusl 2/18197
412 Ook Hill Drive, Belleville, lLL, 62223-2236
004-10,l-001 $2re.45
Myron & Connie Cook Fomily Trusl T /10107
66,l2 Polm Tree Circle, Bokersfield, CA, 93308
004-101-002 $219.45
Bomo & Bompo Survivor's TrusI 9 /7 /05
BBB Colle Del Norte, Comorillo, CA, 93010-8442
004-10r-003 $2r9.45
Schreiner Trvst 2/19 /93
347 El Tuoco, Comorillo, CA, 93010
004-101-004 $2r9.45
Collier Living Trust 012/20/1989
l85 Crestview Avenue, Comorillo, CA, 930,l0-,l259
004-,l01-005 $219.45
Brock M. Allison
6952lron Ook Drive, Bokersfield, CA, 93312
004-,l01-005 $2r 9.45
Kotheryn A. Mullins, Trustee
P. O. Box 156, Solvonq, CA, 93464-0156
004-,l0,l-007 $2re.45
Ecker l9B0 Fomily Trust
14 Brentford Court #8, Comorillo, CA, 930,l0-20.l3
004-,l0.l-008 $2r9.45

GPREV, LLC
2086 Cervoto Drive, Comorillo, CA, 93012
004-.l 09-00r $248.37
M.B. Duncon Seporot Property Trust
P.O. Box 21235, Bokersfield, CA, 93390
004-r09-002 $248.37

MARINA SHORES, LP
468l Sierro Modre Rd., Sonto Borboro, CA, 93] l0-
1322
004-.l r 5-00'r $236.37

MARINA SHORES, LP
468l Sierro Modre Rd., Sonto Borboro, CA, 93] l0-
1322
004-r ,l 5-002 $236.37

MARINA SHORES, LP
468l Sierro Modre Rd., Sonto Borboro, CA, 93] l0-
1322
004-,l r 5-003 $236.37
TOTAL $35.500.00
PART D
Engineer's Report
Method of Apportionment of Assessment
Carpinteria City Beach Winter Protection Berm
Fiscal Year 2022-23
The Carpinteria City Beach Winter Protection Berm Project is constructed along the Carpinteria City Beach bordered on the east by Linden Avenue and to the west by Ash Avenue. The berm is constructed each fall in order to provide a measure of protection to public and private improvments from severe winter storms and wave action. In order to fairly assess the ocean front properties that directly benefit from the berm protection, a formula was developed which reflects the benefit each parcel of land receives.

First, the cost of providing the service is divided into fixed and variable costs. Fixed cost are those that are required regardless of the amount of sand actually moved. These include the permit compliance, biological monitoring and adminisiration of the berm project. The fixed costs are apportioned equally to all properties within the boundaries of the assessment district. The contribution toward the maintenance fund is also included among the fixed costs. Variable costs include the cost of the actual machine time required to move the sand. Since properties in the District receive varying levels of benefit depending upon the property's length of beach frontage, variable cost is assigned to each property based upon its actual length of beach frontage. Condominium or apartment properties'beach frontage was determined by dividing the number of units in each complex by the length of the property's beach frontage. These variable and fixed costs were apportioned to each property and an assessment assigned as part of a Proposition 218 vote and the assessments have not been altered in subsequent years.

A City owned parcel within the District's boundaries is assessed in the same fashion as all other parcels within the District's boundaries in order to comply with Article XIII D of the California Constitution.

PART E
A list of the names and addresses of each owner of property within the District's boundaries known to the City
City of Carpinteria Assessment District #5 FY 2022-23
PART E An assessment role of the owners of parcels
of land within the assessment district.

APN
Seohorse Trust I /15/03
3612 Piffer Rood SE, Olympio, WA, gB50t
003-470-008
Cloire Roberts, Trustee
(for) ,Roberts Fom Tr-B
3330 Foothill Rood Co interio, CA 930.l 3
003-470-0,l0
City of Corpinterio
5775 C interio, Co interio cA, 930]3
003-470-013
Thorrell D./ Dinoh L. Ming
I I l3 Tom O Shonter Drive Bokersfield, CA 93309
003-490-001
Brittony L. Bornes
I
,l55 N Centrol Ave #209, Glendole, CA, 91202
003-750-00.|
Mulford Fomily Trust
4709 Son ond Rood #2, C nterio, CA, 930.l3-2255
003-760-002
Compbell Sondylond LLC
15421 Chemicol Lone, Huntin ton Beoch, CA 92647
003-760-003
Jomes/ Corol Miller
3lB3B Foxfield Drive, Westloke Villo ,CA 9r36.| -4201
003-760-004
Groyer Fomily GST Exempt Trust ,l4903 Volley Visto Blvd., Shermon Ooks , cA, 91403-4022 003-260-005
John M. Edmonston
l51Z Wilson Avenue, Son Morino CA, 9I I OB
003-760-006

AMSS LLC
2,l0 South Oron Grove Boulevord, Posodeno CA 9r105
003-760-007
Ruth Giocopuzzi
22419 Gilmore Street Con o Pork, 91304-3707
003-260-008
Fronk/ Morgoret Roughon
Fomily Trusl T /10/96
q09 Sondylond Rood #3, Co rpinterio, CA, 930,l3
003-270-00.|
Mulford Fomily 2002 Discloimer Trust Mulford
4709 Sond nd Rocd #2, Ca nteriq, CA, 93013-2255
003-770-002
Rodney A./ Ann B. Resnik
Trustees (for) Resnik Liv 19BB
352 Colle Converse Comorillo, C 930r 0-.l 836
003-720-003
Resnik l98B LIV TR
352 Colle Converse, Comorillo, cA,930,l0-.l836
003-770-004
Lee Jomieson
3l0l Stote Rood, Bokersfield , cA,93308
003-800-001
Krystyno Jomieson
3101 Stote Rood Bokersfield, C 93308
003-800-002
Dennis Moul Soles, lnc
2729 2lst Street, Bokersfield cA, g330t
003-800-003
City of Carpinteria Assessment District #5 FY 2022-23
PART E An assessment role of the owners of parcels
of land within the assessment district.

APN
4975 Sondylond Rocd Associotion
4975 Sondylond Rood # l0l, Corpinterio, CA, 930.l3
003-830-001
Chorles R./ Allemon
2004 N. Trocy Rood, Simi Volley, CA, 93063
003-830-002
4975 Sondylond Rood Associotion
3324 Stote Sireet #F, Sonto Borboro, CA, 93.l05
003-830-003
4975 Sondylond Rood Associotion
4975 Sondylond Rood #104, Corpinterio, CA, 93013
003-830-004
4975 Sondylond Rood Associoiion ,l466 Equistrion Avenue, Thousond Ooks, CA, 9,l360 003-830-005
4975 Sondylond Rood Associotion
4194 Reqol Ook Drive, Encino, CA,,91436
003-830-006
Kothleen Ann Doley Schroeder
5075 Eost Powers Avenue, Clovis, CA,936l'l
003-830-007
4975 Sondylond Rood Associotion
835 Holly Avenue, Corpinterio, CA, 930.l3
003-830-008
Jovier Echeverrio
4403 Beor Mountoin Boulevord, Bokersfield, CA,933.l3
003-830-009
Schifrin Fomily Truot
18764 Foirfield Rood, Northridqe, CA, 91326
003-830-010
4975 Sondylond Rood Associotion
3766 Oleonder Drive, Hiqhlond, CA,92346
003-830-0ll
Dovid Blockburn
32451 Mediterroneon Drive, Monorch Beoch, CA,92629
003-830-012
Ron Polocios
P.O. Box 940148, Simi Vollev, CA, 93094
003-830-013
Brion E. McKee
4212 E. Los Angeles Avenue #3441, Simi Volley, CA, 93063 003-830-0.l4
Noncy A. Wright
3,l53 Scottys Terroce, Simi Vollev, CA, 93053
003-830-015
Fortner/ Guyor Fomily Survivors Trust I 21912002
P.O. Box 1530, Wronqell, AK,99929
003-830-0.l6
4975 Sondylond Rood Associotion
29480 Bertrond Drive, Aoouro Hills, CA, 9,l30.| -4126
003-830-017
McAdoms Fomily Trust 4/13112
l3l I Kenwood Rood, Sonto Borboro, CA, 93]09
003-830-0rB
Gerloch Fomily Living Irusl3127l97 Joonne C. Gerloch
ll86 Deep Wood Drive, Westloke Villooe, CA,,91362
003-830-019
Jomes/ Potricio Riner
Ttrust 9/14/92
23222 Bth Street, Newholl, CA, 91321
003-830-020
City of Carpinteria Assessment District #5 Fy 2022-23
PART E An assessment role of the owners of parcels
of land within the assessment district.

APN
Kozmon Fomily Trusl 5/27 /09 Doy Trust
4259 Clarindo Drive Tozono, CA,9.l356
003-830-021
4975 Sondylond Rood Associotion
203 tn Avenue Lon Beoch CA 90803
003-830-022
4975 Sondylond Rood Associotion .l784 Collin d Court, Westloke Vill e CA 91362-4730 003-830-023
4975 Sondylond Rood Associotion
3630 Viewcrest Drive Burbonk, CA, 9,l504
003-830-024
4975 Sondylond Rood Associotion ,I2008 Wood Ronch Rood, Gronodo Hills, CA,91344-2i60 003-830-025
Jomes Russo
32314 t2l ST Juni er Hills, CA 93553
003-830-026
4975 Sondylond Rood Associotion
10726 Esther Avenue, Los eles, CA, 90064-3223
003-830-027
4975 Sondylond Rood Associotion
4605 Windsor Blvd, Combrio, CA, 93428
003-830-028
Clifford H./ Potricio J. Aldrich

TR I I/BZ
707 Eost Polm #A, Burbon CA 9,l 50,|
003-830-029
GenstilTrust
298 Preokness Ploce, Newbu Pork, CA 91320-4927
003-830-030
4975 Sondylond Rood Associotion 9l Do Circle Thousond Ooks cA, 9.l360 003-830-03.|
Todhunter Living lrusI 47 /28/04
310l Coronodo Drive, Fullerton CA,92835
003-830-032
Dovid Blockburn
32451 Mediterroneon Drive Monorch Beoch, CA, 92629
003-830-033
Murochonion Fomily Trust Murochonion
2370 Sherwood Rood, Son Morino cA, 91
,l08 003-830-034
Frey Fomily Trust 9/20/90
31349 Ch Drive, Costo CA, 91 384
003-830-035
Ross/McDonough Fomily Trust I 2/03/2013
I l60l Wilshire Blvd. #2150,LosA eles, CA,90025
003-830-036
Tyborco Sortino Porfners, LLC (DE) Friedmon

3.l200 Cedor Voll Drive Westloke Vill e cA, 91362-4035
003-840-0r 3
Potrick/ Merry G. Henry
2007 Revocoble Living Trust ,l39 Wood Duck Avenue, Son er, CA, 93657 003-840-014

PANT PROPERTIES, LP
18537 Porthenio Street, Norf hrid e, CA 91324-4026
003-840-015
City of Carpinteria Assessment District #5 FY 2022-23
PART E An assessment role of the owners of parcels
of land within the assessment district.

APN
Mezzio, Sondro Seporote Property Trust Mezzio
l98 Tiburon Lone, Sonto Borboro, CA, 93]08
003-840-0.l6
Suson Lynn Smith
I l9 4th Streei, Seol Beoch, CA, 90740
003-840-0,l7
Mory M. Clork, Trustee B/30/BB
4925 Sondylond Rood # F, Corpinterio, CA, 930]3-2357
003-840-018
John D./ Christino Lund
Revocoble Living Trust
98 Olive Mill Lone, Sonto Borboro, CA, 93.l08
003-850-0,l3
Jock L. Sincloir
800 W lst Street #2308, Los Angeles, CA, 90012
003-850-014
Gorcio Fomily Trust
,I0130/02 Jensen
5301 Scott Robertson Rood, Hidden Hills, CA, 91302
003-850-015
Bomo & Bompo Exemption Trust 917105
B8B Colle Del Norte, Comorillo, CA,930.l0
004-090-00.|
Louis/ Jocqueline Cornevole, Trustees
4867 Sondylond # B, Corpinterio, CA, 930,l3-2359
003-490-025
Brion G. Fitzgerold, Trustee
1935 Colomor Court, Comorillo, CA, 93010-9279
004-090-003
Zeolo Living Trust I 19lB7
4924 El Corro Lone, Corpinterio, CA, 930,l3
004-090-004
Dovid/ Lorroine Poich
501 S. Beverly Drive #3, Beverlv Hills, CA,90212-4520
004-09r -00.|
Leide, Lucy Condler Trust 1/22/57
3903 Belloire Boulevord, Houston,TX, 77025
004-09,|-002
Judith Coroton Living Irvst g /27 /04
1 16.l 1 Horrinqton Street, Bokersfield, CA, 933.l 1
004-09.|-003
Hobin Fomily Trust
B90B Versoilles Drive, Bokersfield, CA,933,l1
004-091-004

MARCHBANKS PROPERTIES, LLC
2402 Exton Street, Bokersfield, CA, 933,l I
004-091-005
Christopher Morin Coroton
2901 22nd Sfreet, Bokersfield, CA,933ll
004-09.|-006
Scott Ellis Mclntosh
14919 Lo Cumbre Drive, Pocific Polisodes, CA, 90272
004-091-002
Richord De Mornoy, Trustee
P.O. Box 4085, Sonto Borboro, CA, 93.l40-4085
004-091 -008
Doris L. Ecker Trusl 2118/97
412 Ook Hill Drive, Belleville, lLL, 62223-2236
004-r 0.|-001
Myron & Connie Cook Fomily TrusI7l10/07
6612 Polm Tree Circle, Bokersfield. CA, 93308
004-101-002
City of Carpinteria Assessment District #5 FY 2022-23
PART E An assessment role of the owrers of parcels
of land within the assessment district.

APN
Bomo & Bompo Survivor's Trust 9 /7 /05
BB8 Colle Del Norte, Comorillo, cA, 93010-8442
004-10]-003
Schreiner TrusI 2/ 1 9 /93
347 El Tuoco, Comorillo cA, 930.10
004-101-004
Collier Living Trust 012/20/1989
l85 Crestview Avenue, Comorillo, cA, 93010-1759
004-,l0,|-005
Brock M. Allison
6952lron Ook Drive, Bokersfield cA, 933,l2
004-,l01-006
Kotheryn A. Mullins, Trustee
P. O. Box 156, Solvon cA,93464-0156
004-,l0.|-007
Ecker 1980 Fomily Trust
l4 Brentford Court # Comorillo CA 93010-20 r3
004-10.|-008

GPREV, LLC
2086 Cervoto Drive, Comorillo cA, 930.l2
004-109-00,|
M.B. Duncon Seporot Property lrust
P.O. Box 21235, Bokersfield cA,93390
004-r09-002

MARINA SHORES, LP
468l Sierro Modre Rd. Sonto Borboro CA 931 10-1322
004-,l
,l5-001

MARINA SHORES, LP
468l Sierro Modre Rd. Sonto Borboro cA, 931 10-1322
004-t I 5-002

MARINA SHORES, LP
468l Sierro Modre Rd., Sonto Borboro , cA, 93110-1322
004-1 1 5-003
PART F
A diagram showing each parcel included
In Assessment district No. 5
PUBLIC
BEACH
PART F
showing each parcel included in Assessment District No. 5

ASH AVENUE
THIS DIAGRAM NOT TO SCALE.

HOLLY AVENUE
{ s.ANpYl-AND ROAD

ELM AVENUE
,
t
I
,
I
,
t
,
,
t
t
t
3-8
15,16
40-13,14,
, ,17,18
t
3-830-01,0e,03,04,05,06,07,09,09,
1 0,1 1,1 a,1 3,1 4,1 5,1 6,17,19,1 9,20,
27,?7,?3,24,7 5,26,?7,2 g, 2 g, 3 0, 3 1,
32,33,34,35,36.
t
I
,
I
,
,
t
I
t
3-850-1 3
3-850-14, 15
3-.170-13
W
I
N
T
E
R
o
N
P
R
o
T
E
c
T
B
E
R
M
004_09 -005, o06, 007
4-090_o I, o2 03, o4
;,:il:31 o2, 03. oa
08 3-490_o I
i,,'33,3l; 02, 03, 04
3-770 ot, oz, 03, 04
3 470,08
oo4* I 09-oo
003r4zo*o to

LINDEN AVENUE
Part G
Collection Statement
The Collection of Assessment District No. 5 funds may take place after the construction, maintenance and / or removal of each season's project. Should in good faith, the City of Carpinteria construct the winter protection berm as described in the Park and Recreation Director's report, and subsequently, the proposed assessments be adopted, the district will reimburse the City of Carpinteria for the current season's project costs to the extent described in the Engineer's report.

PART H
Unpaid Assessment Statement
The total principal sum of unpaid assessments for all properties within the City of Carpinteria's Assessment District Number Five's boundaries which remain unpaid as computed pursuant to paragraph (1) of Subdivision (b) of !2961 of California's Streets and Highways Code known as the Majority Protest Act of 1931 is $0.00 The totaltrue value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed is equal to or greater than $90,400,000.00 computed pursuant to paragraph (2) of subdivision (b) of 92961 of California's Streets and Highways Code known as the Majority Protest Act of 1931.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
April 25, 2022

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6127, concerning the formation of an Ad Hoc Senior Services Planning Committee, and appointment of up to two Council members to the Committee.

STAFF RECOMMENDATION
Receive nominations and appoint two Council members to serve on an Ad Hoc Senior Services Planning Committee to work with City staff to create, distribute, and collect a Community Needs Assessment Survey, or similar tool or process, for the purpose of presenting for City Council consideration data-supported recommendations for the creation of a senior services program.

Sample Motion: I move to adopt Resolution No.6127, as read by title only, approving the formation of an Ad Hoc Senior Services Planning Committee to include Council members and _

BACKGROUND
At the City Council Meeting on March 14, 2022, staff provided City Council with interim and long-term options for the establishment of a senior center and senior programming.

The general need for senior services, from a population perspective, was supported by United States Census Bureau and State of California Department of Finance data. The data showed a growing number of individuals aged 65 and over in Santa Barbara County, and a percentage of Carpinteria residents 60 and over that was nearly 8 points higher than the State average (27.4% City to 19.7%. State.) At the conclusion of the staff presentation, the City Council voted to receive and file the report and directed staff (with recognition that a senior program should be based, in part, on community stakeholder engagement and a Community Needs Assessment, or similar tool or process), to bring back to the City Council options developed with feedback from the community.

Formation of an Ad Hoc Senior Services Planning Committee.

April 25, 2022

Staff is recommending the City Council form an Ad Hoc Committee of its membership to work with community stakeholders on the creation, distribution, and collection of a Community Needs Assessment, or similar tool or process, and to assist staff with the preparation of recommendations for creating a senior services program.

The purpose of this agenda matter is for the City Council to consider forming an ad hoc senior services planning committee to conduct stakeholder/community engagement and assist staff in the preparation of a report with recommendations for establishing a senior services program. Staff has prepared draft Resolution No.6127, which, if adopted, would establish the committee (Attachment A).

DISCUSSION
By adopting Resolution No.6127, the City Council would initiate a process similar to that used historically to explore a new program and/or services. Recent examples of Ad Hoc Committees used by the Council to facilitate stakeholder engagement and develop recommendations for its consideration are the ongoing Harbor Seal Committee and the Library Committee.

Formation of an Ad Hoc Committee
The City Council from time to time finds it beneficial to form a committee of its membership to address a particular subject or work matter and to make related recommendations to the City Council. Based on the direction of the City Council at the March 14,2022 meeting, staff has prepared Resolution No.6127, which proposes formation of an ad hoc senior services planning committee. The following section summarizes the proposed type of committee, membership, and roles and responsibilities as set forth in Resolution No.6127.

Type of Committee. Staff is proposing that the committee be formed as an Ad Hoc Committee, which allows the committee to move forward expeditiously and with greater flexibility in scheduling meetings than a standing committee or a meeting involving a quorum of the Council.

Membership. An Ad Hoc Committee would consist of less than a quorum of City Council members. Because the City Council has five members, the Ad Hoc Committee would include no more than two City Councilmembers. As part of the resolution under consideration, staff is requesting the City Council to appoint up to two councilmembers to this committee. The Committee may also invite members of the public to join it either formally or informally to assist in the conduct of its work. The Harbor Seal Committee formation included formally designating members of the public to join the Council members in conducting the Committee work. The Library Committee included informal participating of interested community members: notably including stakeholder representatives of the Friends of the Carpinteria and Montecito Libraries.

R:\Parks, Recreation & Public Facilities\Senior Programming Formation of an Ad Hoc Senior Services Planning Committee.

April 25, 2022

Roles and Responsibilities. As contemplated in the attached resolution, Staff is proposing the Ad Hoc Committee be tasked with the creation, distribution, and collection of a Community Needs Assessment, or similar tool or process, for the purpose of presenting data-supported recommendations for the provision of senior services for consideration by the City Council at a future City Council meeting. Any committee formed by the City Council would report recommendations to the City Council for deliberation and final action.

Term. Staff proposes the Ad Hoc Committee work be completed and the committee dissolved upon making its report to the City Council but no later than December 31, 2022, unless extended by action of the City Council.

POLICY CONSISTENCY
The formation of committees on discrete matters determined by the City Council to require additional study and recommendations is consistent with its authority and its interest in efficient, transparent, and accountable local government decision-making.

FINANCIAL CONSIDERATIONS
If approved, it is anticipated that the Ad Hoc Committee may initially be supported primarily by City staff with no additional cost.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Council from time-to-time finds it beneficial to form committees from its membership to address a particular subject or work matter and to make recommendations to the City Council. When consisting of less than a quorum of the Council, i.e., two members, such committees are considered "ad hoc" and are not subject to certain Brown Act requirements, including opening meetings to members of the public. Once an "ad hoc" committee's proscribed work is complete, it dissolves automatically without the need for further action by the City Council.

Legal Counsel is available to advise on Brown Act compliance at this meeting as well as during the operations of the Ad Hoc Committee.

R:\Parks, Recreation & Public Facilities\Senior Programming Formation of an Ad Hoc Senior Services Planning Committee.

April 25, 2022

OPTIONS
A. Adopt Resolution No.6127, approving the formation of an ad hoc senior services planning committee and appoint two council members to this committee.

8. Adopt Resolution No.6127, approving the formation of an ad hoc senior services planning committee and appoint two council members to this committee with changes and/or clarification of purpose.

C. Decline to form the committee.

PRINCIPAL PARTIES EXPECTED AT MEETING
Interested members of the public that are advocating for a senior services program.

ATTACHMENTS
A. Resolution No.6127.

Staff contact: Michael Ramirez, Assistant City Manager
805-755-4450, [email protected]
1 £~
iqneture =
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
R:\Parks, Recreation & Public Facilities\Senior Programming Formation of an Ad Hoc Senior Services Planning Committee.

April 25, 2022

ATTACHMENT A
R:\Parks, Recreation & Public Facilities\Senior Programming RESOLUTION NO. 6127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

APPROVING THE CREATION OF AN AD HOC SENIOR SERVICES PLANNING

COMMITTEE
WHEREAS, the City Council from time to time finds it beneficial to form a committee of its membership in order to address a particular subject or work matter and to make related recommendations to the City Council; and WHEREAS, at the City Council Special Meeting - Workshop on 2022 Work Plan/Draft held on January 23, 2022, staff was directed by the City Council to research and provide interim and long-term options for the establishment of a senior center and senior programming; and
WHEREAS, the senior population in Santa Barbara County continues to grow and the senior population in Carpinteria (60 and over) exceeds the State average by nearly 8 percent; and
WHEREAS, the Old-age Dependency Ratio, which is an indication of potential social support requirements resulting from changes in population age structures, is 9 points higher in Carpinteria than the State average, and 7.2 points higher than the Santa Barbara County average; and
WHEREAS, on March 14, 2022, staff presented the City Council with senior programming options and the City Council directed staff to work with stakeholders and the community to conduct a Community Needs Assessment, or similar tool or process; and
WHEREAS, the City Council has determined that an ad hoc committee consisting of not more than two of its members is desirable to work with staff and community stakeholders to create, distribute, and collect a Community Needs Assessment, or similar tool or process, for the purpose of presenting data-supported recommendations for the provision of senior services for consideration by the City Council at a future City Council meeting.

NOW, THEREFORE, BE IT RESOVED as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Council hereby creates the Ad Hoc Committee consisting of Council members and _
SECTION 3. The Ad Hoc Committee shall have the following roles and responsibilities: create, distribute, and collect a Community Needs Assessment, or similar tool or process, for the purpose of presenting data-supported recommendations for the provision of senior services for consideration by the City Council. - I -
Resolution No. 6127
SECTION 4. The Ad Hoc Committee shall be dissolved upon making its report to the City Council but no later than December 31, 2022, unless extended by action of the City Council.

NOW, THEREFORE, BE IT FURTHER RESOVED the Committee, in coordination with the City Manager, shall determine the frequency, place and times of its meetings and at the conclusion of its work shall provide a report to the City Council.

PASSED, APPROVED AND ADOPTED on April 25, 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 April 25, 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
- 2 -
Resolution No. 6127
City of Carpinteria
Couttcrr- Aceruoe Srerr RepoRr
April 25,2022

ITEM FOR COUNCIL CONSIDERATION
Annual Report on efforts to assist people experiencing homelessness in Carpinteria and address issues related to homelessness in the community.

STAFF RECOMMENDATION
Receive the annual report concerning ongoing efforts to assist people experiencing homelessness and to address issues related to homelessness in the community.

BACKGROUND
Local response to the ongoing national crisis of homelessness continues to be a service area priority in Santa Barbara County, including Carpinteria.

The County of Santa Barbara Community Services Department, Housing and Community Development Division, has preliminary results of the 2022 Point in Time (PlT) Count of persons experiencing homelessness, conducted on February 23,2022 by the Santa Maria/Santa Barbara County Continuum of Care (CoC). The PIT Count is mandated by the federal Department of Housing and Urban Development and serves as a snapshot of homelessness in the county on a single night. The CoC did not conduct an unsheltered count in 2021 due to safety concerns around COVID-19. County staff in the Housing and Community Development Division and CoC Board Members provided oversight of the PIT Count working with Simtech Solutions land more than 400 volunteers. The County of Santa Barbara serves as the lead agency and Administrative Entity for the CoC and will present The Santa Maria/Santa Barbara County Continuum of Care Board the2022 PIT Count on May 5 al2 p.m. via Zoom.

Countywide, 1,962 persons were counted representing an increase of 3.4o/o in the number of persons experiencing homelessness. The count includes 1,367 persons 1 Simtech Solutions lnc. is a cause-driven technology services providerwith a passion for developing innovative technologies to help people experiencing homelessness. Simtech Solutions is a pioneer in the usage of data analysis to guide the process of allocating limited housing resources.

Homelessness Annual Report_2022
April25,2Q22

experiencing unsheltered homelessness and 595 persons living in emergency shelters or transitional housing. h 2A20, the official PIT count was 1 ,897. ln Carpinteria,2l persons experiencing homelessness were counted.

Santa Barbara County Point in Time Homelessness Count
Results from the one-day count of local residents experiencing homelessness fzazz fzozo lzow
9"14887
457 464
249
166 155
11 91 119 112
zr 39 zt
69 33 122 24 5
gr:lfl
riC0
4ii'J
;lil0
294
234
Carpinteria Goleta Santa lsla Vista Lompoc
Barbara
Buellton,
Solvang,
Santa Ynez
Valley
Santa
Maria
Guadalupe Unincorpora
Chart. Giana Magnoii I Noozhawk' Source: Santa Barbara Ccuniy* ' Created with Datalvrapper

DISCUSSION
The City provides services to people experiencing homelessness via collaboration with the County of Santa Barbara, non-government organizations providing homeless services in the region, and local community-based volunteers and organizations. City staff routinely evaluates information to determine trends and issues related to homeless services as well as to evaluate the effectiveness and efficiency of those services. lnformation is gathered from daily logs of City program divisions, including inspections of parks and open spaces and public facilities such as the Veterans Hall and public restroom buildings, public right-of-way maintenance, code compliance contacts for issues such as smoking in public, and citations and arrests by law enforcement (includes both Sheriff's and State Parks). The Carpinteria-Summerland Fire Protection District also monitors number and type of contacts with people that are believed to be homeless, including number of transports by ambulance.

IN:\David\Homelessness Annual Reports\2022]
Homelessness Annual Reportll22
April25,2022

Localdata and issues concerning people experiencing homelessness in Carpinteria is reviewed and discussed at weekly and monthly meetings of City, County Department and service agency staffs. Acute and chronic issues are discussed along with strategies for providing assistance to service resistant individuals.

Early 2020 saw the beginning of the COVID-19 pandemic. Despite the unique challenges related to the pandemic, the City's efforts to address homeless issues and services continued, albeit in a reduced capacity.2020 and 2021 also brought changes to policies and programs. The City joined the COVID-19 Homelessness Task Force, led by the County, to address the health and safety of people that are experiencing homelessness by partnering with local organizations and governmental agencies. The primary goal was to reduce the spread of COVID-19 in our homeless populations and further protect the community at large.

COVID-19 Homelessness Task Force Objectives

1. Prevent and mitigate COVID-19 impacts for persons who remain unsheltered through support centers and outreach re-establishing access to showers, device charging, food and hygiene supplies.

2. Establish non-congregate sheltering for persons at highest risk of COVID-19 complications.

3. Sustain shelter capacity for persons not experiencing COVID-19 symptoms.

4. Enhance homelessness prevention and housing activities through increased funding for rental assistance and supportive services.

During the early stages of the Pandemic the City lost its lead outreach agency, Home for Good, along with suspended services from County Behavior wellness and the Warming Shelter. The City's weekly lunch gathering, which was being managed by Home for Good, continued to run through volunteer support and participation by staff from the City's Code Compliance Division.

The lunch program was formed as a means to gather local homeless persons to one area at a specific day and time where services could be offered. As the restrictions of the pandemic loosened, new and existing agencies returned to the lunch program.

Currently, the lunch program offers services from a County Drug and Alcohol Specialist, County Behavior Wellness, CityNet (the regional homeless services entity), New Beginnings, local business and entities, and community volunteers that provide weekly lunches and provisions.

Tens of millions of dollars of federal COVID-19 relief bill funding, state funding, and local funding have been spent to address homelessness in Santa Barbara County in the past two years. This funding has been used to provide myriad services benefitting the region, including Carpinteria's population of people experiencing homelessness. Over the past year, an estimated 45 people experiencing homelessness in Carpinteria received assistance, including 6 people that were placed into permanent housing.

IN:\David\Homelessness Annual Reports\2022]
Homelessness Annual Report_2022
April25,2022

Projects, programs and services developed or under development in the region over the past year include but are not limited to:

Emergency shelters, temporary housing, and permanent supportive housing projects have been developed countywide, including through the state's Project Roomkey (temporary housing in participating hotels for people who are homeless) and Project Homekey (creating more supportive and permanent housing for formerly homeless individuals).
a
Funding allocated for rental assistance and housing voucher programs Santa Barbara County received about $46 million from the state in Coronavirus Aid, Relief and Economic Security (CARES) Act funding, allocating about $5.5 million to care for unsheltered people. Specific funding was allocated for increased emergency shelter costs, pallet house projects, and pandemic-related outreach at homeless encampments.

The county budgeted more than $13 million of its American Rescue Plan COVID19 relief funding on addressing housing and homelessness.

The county received $10 million in funding this January, including $7 million for the lsla Vista emergency shelter. Santa Barbara County purchased the building for $6.3 million and the shelter is being operated by Good Samaritan Shelter.

The Housing Authority of Santa Barbara County converted office buildings into permanent supportive housing in Lompoc.

The City of Santa Barbara housed 58 people temporarily at the Rose Garden lnn on Upper State Street.

The New Beginnings Counseling Center's Safe Parking Program expanded to a city-owned property in Lompoc last year. The program provides places for people who live in vehicles to park overnight and have access to restroom facilities and other services.
a Dignity Moves 2established pallet house interim housing in lsla Vista, Lompoc, and now downtown Santa Barbara.
2 DignityMoves and the County of Santa Barbara have partnered to bring a new interim housing community to downtown Santa Barbara. Covid-19 has increased the urgency of building non-congregate housing for the unsheltered in our community. While more permanent housing is the ultimate long-term goal, our streets cannot be the waiting room. DignityMoves is building "interim supportive housing" as a stop-over between tents and permanent housing- where clients can be safe and receive the critical support services necessary to rebuild their lives and exit homelessness. a
o
a
o
a
a
IN :\David\Homelessness Annual Reports\2022]
Homelessness Annual Report_2022
April25,2022

. The county and Goleta are collaborating on a proposal to purchase the Super 8 motel at6021 Hollister Avenue and convert it into housing for formerly homeless residents.

A Santa Maria proposal to buy a local Motel 6 for a permanent supportive housing program was initiated but has been delayed.

POLICY CONSISTENCY
The City's collaborative approach to providing homeless services, as described above, is intended to be a cost effective and efficient means for the City to address an important community service need. People living on the streets of Carpinteria require services that result in increased public costs for law enforcement, emergency medical, and hospital services, and present health and safety issues for the individual experiencing homelessness and the general public. Providing emergency services to people experiencing homelessness, although important, generally does not result in lasting changes for the homeless person or address public health & safety and quality of life issues caused by homelessness that are of concern to the community.

The response model being followed by the City through its partnership with CiyNet and other partnering agencies is intended to reduce reliance on first responders, which often results in arrest, transportation, jail and/or hospitalization, and to prioritize housing and related support services that can lead people that have been chronically homeless to reunification with family and/or getting established in permanent housing. This costeffective approach to addressing homelessness was first discussed in detail in 2006 as a part of the Santa Barbara County Ten Year Plan to End Chronic Homelessness, which referenced various national studies on the subject.

The City Housing Element includes a number of policies aimed at addressing special needs housing, which includes transitional3 and supportive ahousing that can meet the needs of individuals and families that are homeless. The City's zoning regulations treat transitional and supportive housing as a residential use subject to those restrictions that apply to other residential uses of the same type in the same zone district. 3 Transitional housing may be designated for a homeless individual or family transitioning to permanent housing. This housing can take severalforms, including group housing or multi-family units, and may include supportive services to gain necessary life skills in support of independent living. The length of stay is predetermined with a six-month minimum.
a Supportive housing is a place for permanent residence unlike temporary emergency shelters and transitional housing where services are provided to the occupants either at the residence or off-site. The types of support services that may be provided include mental health care, vocational and employment services, substance abuse treatment, child care and independent living skills training. The residents of supportive housing are disabled or include populations such as families with children, elderly persons, and young adults aging out of the foster care system, individuals exiting from institutional settings, veterans or homeless people. There is no limit on the length of stay. a
[N:\David\Homelessness Annual Reports\2022]
Homelessness Annual Report_2022
April25,2022

This regulatory approach ensures that development proposals for transitional and supportive housing will be treated the same as other residential proposals.

FINANCIAL CONSI DERATIONS
The City of Carpinteria currently expends tens of thousands of dollars annually responding to issues related to homelessness and to address health and safety needs of people experiencing homelessness. Law enforcement, public works street maintenance, parks maintenance, code compliance, and management programs of the City are all impacted by demands for service created by homelessness. These expenses are difficult to track but, ultimately, result in increased public costs for services.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
ln California, a growing body of case law is influencing how cities and counties manage competing interests of public health and safety and providing assistance to people living on streets and in other public places, often with severe mental and physical health issues. The City Attorney's office monitors these cases and advises City staff accordingly.

PRINCIPAL PARTIES EXPECTED AT MEETING
Kimberlee Albers, County of Santa Barbara - Homeless Assistance Program Manager Staff contact: David Hernandez, Code Compl
(805) 7 55-4418, david [email protected]. us
iance Officer ll
Signature
Reviewed by: Steve Goggia, Community Development Director (805) 7 55-441 4, [email protected]. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. us
IN :\David\Homelessness Annual Reports\2022]
City of Carpinteria
Cour.rcr- Aceruon Srnrr Reponr
April 25,2022

ITEM FOR COUNCIL CONSIDERATION
A Budget appropriation for certain deferred maintenance costs at the Carpinteria Community Library, and accepting a donation from the Friends of the Carpinteria Library for renovation work on the Carpinteria Community Library.

AFF RECOMMEN

1. Approve acceptance of a donation of $175,000 from the Friends of the Carpinteria Library, gifted by the La Centra-Sumerlin Foundation for the express purpose of renovating the interior of the Carpinteria Community Library including painting, carpet, furniture, and equipment, and exterior renovations including a new book drop and front lawn sign.

2. a. Approve an appropriation of $86,050 from the Measure X Fund balance for the purpose of completing certain work on the Carpinteria Community Library prior to opening under City management on July 1,2022; and,
b. Authorize the City Manager to execute a Purchase Order with Westaire Heating and Air Conditioning, lnc. in the amount not to exceed $42,550 to replace the HVAC in the community room and install a new HVAC in the main library.

Sample Motions

1. I move to accept the donation from the Friends of the Carpinteria Library (FOL) in the amount of $175,000, to be used for interior renovations including painting, cafpet, furniture, and equipment, and exterior renovations including a new book drop and front lawn sign.
(This motion requires a roll callvote.)

2. I move to approve and authorize
Library Deferred Maintenance Budget Appropriation and FoL Gift Acceptance April25,2022
Page | 2
a. An appropriation of $86,050 from Measure X Fund for the replacement and addition of two HVAC systems, deferred maintenance plumbing and electrical work, an ADA audit, termite remediation, small technology upgrades, and a 10% contingency for the Carpinteria Community Library; and, b. Execution by the City Manager of a Purchase Order for Westaire Heating and Air Conditioning, lnc. in an amount not to exceed $42,550 for the replacement and addition of two HVAC systems for the Carpinteria Community Library. (This motion requires a rollcallvote.)

BACKGROUND
The Friends of the Carpinteria Library (FOL) have received three donations from La Centra-Sumerlin Foundation totaling $175,000 for completing renovations in the Library.

Deferred maintenance has been identified for the Carpinteria Library, including needed plumbing work, electricalwork, and termite damage. While the Library will be empty due to plans for painting and re-carpeting, it would be timely to install additional ouilets and ethernet ports, among other work. The existing HVAC system in the meeting room is approximately 25 years old and inadequate to meet the cooling and heating needs of the Library spaces. The main Library room has a furnace but no cooling sy-tem.

Under the current Library operating agreement between the County and City of Santa Barbara, the County is responsible for various maintenance matters, includihg but not limited to, maintenance, repair and replacement of the HVAC system. The Ciiy has included replacement of the HVAC units as one of a number of deferred mainienance items for which reimbursement will be requested from the County of Santa Barbara.

The purpose of this agenda matter is to allow the Council the opportunity to accept the FOL donation and to take actions necessary to conduct necessary repairs/replacement of HVAC system components and other needed work prior to the Library reopening July 1,2022.

DISCUSSION
As a part of the City's taking over management and operation of the Carpinteria Community Library, it has been anticipated that certain maintenance and renovation work will be necessary and/or desired prior to the grand re-opening. The donation from the FOL provides a unique opportunity to timely complete certain renovation work, specifically to freshen and update the interior at this historic transition. In addition to fresh paint and new carpet, plans include a change in layout of the space, some new library furniture including a new circulation desk, and some new equipment. Furniture will be ordered next week with confirmations that it will arrive in time for the re-opening.

There have been a number of occasions, such as the Thomas Fire, that have caused the air quality in the community to be unhealthful. Also, extreme heat events are L:\Staff Reports\Staff Repcirt for renovations April 2022.docx Library Deferred Maintenance Budget Appropriation and FOL Gift Acceptance April25,2022
Page | 3
becoming more common. Many homes in Carpinteria lack air cooling/filtration systems.

Libraries often serve as cooling centers. Currently, however, there is no cooling system in the main Library space and the unit in the meeting room space is defunct and inadequate. The result is that a comfortable temperature cannot be maintained in the Library spaces on many days during the summer and fall. This makes the Library less desirable for users and makes it unavailable for designation as a cooling center for the Carpinteria comm unity.

Also, part of the cost of the HVAC system includes a UV light that kills 99% of viruses, molds, and bacteria, which is of great benefit to prevent and kill mold which tends to collect in print books and will help prevent the spread of COVID-19 and other viruses.

Staff recommends to move fonrvard with this work, now, in order to improve public health and safety, and to complete the work during this temporary closure to avoid interruption in service in the future.

POLICY CONSISTENCY
The subject actions can be found to support prior actions the City Council that were taken as a part of transitioning to City operation and maintenance of the Community Library.

The subject actions may also be found consistent with Resolution 5500, passed, approved, and adopted on January 27,2014, establishing a sustainable community policy; specifically, the section on Community Health, Safety, and Wellness, which calls on the City, in part, to:
o Promote and protect local historical and cultural resources, including physical structures, places, and ideas;
. Protect and enhance local parks, trails, beaches, and community spaces; and,
. lmprove the quality of life of all members of the community through education, services, and accessibility to resources.

FINANCIAL CONSI DERATIONS
The Friends of the Library donation will be accounted in the City's Revolving Fund 216 with a Project Number as follows:

L:\Staff Reports\Staff Report for renovations April 2022.docx Library Deferred Maintenance Budget Appropriation and FoL Gift Acceptance April25,2022
Page | 4
Repalrc/Equlpment/Supplles ProfectNumber Aocount
Friends of the library Donation GR-22-@1-/a6 216-s50-4906 Donation Carpet
Front Lawn Sign
lnterior Paint
Eooks
Library Equipment
Furnitu re
Repairs/Equipment/Suppties
Plumbing
El ectri cal
Technology
ADA Audit
Termite
Contingency
HVAC
Repairs/Equipment/Supplies
Operating Transfer
Operating Transfer
GR-22-001-5764
GR-22-001-5764
GR-22-001-5764
GR-22-00r-5520
GR.22-m1-5761
GR-22-00r-5763
2lG55G5764
216ssG5764
21&55G5764
216-550-5520
216-550.5761
216-55G5763
Amount
s175,m0
ToalRevenue 5175,ffi
lmprovements 20,000
lmprovements 6,000
lmprovements 20,000
Expense Acount Subtotal S 116,OOO
Eooks 3,000
Major Equipment 6,000
Furniture & Fixtures 120,000
Total Expense g175,m0
AccountName Amount
Professional Services S 10,500
Professional Services 18,300
Professional Services 3,000
Professional Services 2,4U
Professional Services 1,500
Professional Services 7,800
ErpenseAccountSubtotal $ 43,Sm
Major Equipment 42,550
Total Spense 5 g6,GO
AccountName Amount
From Measure X Fund 104 5 86,050
Total Revenue S 86,C0
To Library 202 S 86,0s0
Total Erpense S 86,050
Library deferred maintenance appropriation in Library Fund 202 as follows Transfers from Measure X Fund 104 available fund balance ($3.2 million) to Library Fund 202 as follows:

Aeount
202-sso-s201
202-ssGs201
202-22r-52fr
202-s50-s201
202-ssG5201
202-sso-s201
202-ss&s761
Amunt
202-999-4918
104-999-s917

LEGAL AND K MANAGEMENT CONSIDERATIONS
The HVAC will provide a healthy environment for Carpinteria residents during periods of unhealthy air quality and/or extreme heat events.

OPTIONS
Accept the FOL donation, appropriate necessary funds and authorize the City Manager to execute a Purchase order with westaire Heating and Air Conditioning, lnc. in the amount not to exceed $42,550 (staff recommendation) Do not accept the donation, appropriate Measure X funds, and/or authorize the City Manager to execute a Purchase Order with Westaire Heating and Air 1 2
L:\Staff Reports\Staff Report for renovations April 2022.docx Library Deferred Maintenance Budget Appropriation and FOL Gift Acceptance April25,2022
Page | 5
Conditioning, lnc. in the amount not to exceed $42,550, and direct staff as determined appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected to attend the meeting

ATTACHMENTS
A. Letter dated April 20, 2022, from the Friends of the Carpinteria Library including donation amount and stipulations on use of the funds.

B. Proposal from Westaire Heating and Air Conditioning for replacement HVAC for the Carpinteria Community Library Community Room.

C. Proposal from Westaire Heating and Air Conditioning for new HVAC for the Carpinteria Library.

Staff contact: Jody Thomas, City Librarian
(805) 7 55-4441 ; [email protected]. us
Reviewed by: Michael Ramirez, Assistant City Manager
(805) 7 55-4450; m ichael r@ci. carpi nteria. ca. us
^
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. ca. us ture
L:\Staff Reports\Statf Report for renovations April 2022.docx

ATTACHMENT A
Friends of the
Carpinteria Library
April20,2022
From: The Friends of the Carpinteria Library Board of Directors To: The Carpinteria City Council
Over the course of the last year, The Friends of the Library have received from the La Centra-Sumerlin Foundation three extraordinary gifts totaling $l-75,000, specifically designated for renovation of the library in anticipation of our new independent status as of July I,2027'
After discussion with City Librarian |ody Thomas, we approve the use of the La Centra-Sumerlin funds for the following purchases:

Front lawn sign
Interior paint
New carpet
New furniture
New book drop
Library equipment? [such as a self-check machine, new computers, azebra scanner, a desk-top copierJ
These are to be invoiced to the Friends in the amount not to exceed $175,000.

It is our understanding that systemic, life/safety maintenance to the building, such as plumbing, electrical upgrades, HVAC, termite abatement, and ADA assessment, will be paid for by the City of Carpinteria and the County of Santa Barbara.

Once again we thank the Carpinteria City Council and the City of Carpinteria staff for your leadership in making the Carpinteria Community Library a new partner in serving the community. We could not be more excited about its future.

A';- r
"fiV'21&1'tfi72r
Gaby Edtwards - Friends of Library Chair
e) /
- Friends of Library Vice-Chair
5L4L Carpinteria Avenue ' Carpinteria, CA 93013
Friends of Carpinteria Library is a 501 (c)(3) nonprofit organization I

ATTACHMENT B
w
WESTAIRE HEAT'NG & AIR CONDITIONING, INI..
4350 TranSpOrt Street # 105 Contractor's License # 356372 C-20 Ventura, CA 93003 E-Mail - [email protected]
PH. # (805) 642-9993 FAX. # (805)642-9996
Pronosal #545-afi222br 9
City of Carpinteria [email protected] February 17,2022 577 Carpinteria Ave Library 1- Multi purpose Room
NAME:

Carpinteria, CA
CITY STATE AND ZIP: LOCATION:

STATE AND ZIP: PHONE:

Matthew Roberts
OF PLANS:

Revised from 07/72/22 - UV light added
Provide labor and materials to change out existing, Furnace, Cooling Coil and Outdoor Condensing Unit lncluding the following:

1. Remove R-22 refrigerant and dispose of per EPA regulations.

2. Demo and remove existing furnace, Cooling Coil and condenser.

3. Lined return plenum with sheet metal.

4. lnstall 2" Filter base with new Merv. 13 filter.

5. New Furnace - Bryant M# 801SA48090E21 B0% AFUE l-Stage.

6. New Outdoor Condensing Unit Bryant M# 126CNA048000, 16 SEER Single stage Mid-tier.

7. New Cooling Coil CNPVT21ALA.

8. New Honeywell Programable Thermostat.

9. New Electrical disconnect switch.

10. New uV light M# TUV- APCo-ER

10. Start up, Make necessary adjustments.

Excludes - City building permits, Hers testing.

We propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:

Sixteen thousand, seven hu five Dollars S
50% before slarl,25o/o sta 25o/o on letion
Payments to be made as follows
CUSTOMER FURTHER AGREES TO PAY REASONABLE CHARGES FOR COLLECTION. INCLUDING AfiORNEY'S FEES IN THE EVENT OF DEFAULT INTEREST WILL BE CHARGED AT THE RATE OF 7 7/2%PER MONTH ON ALL ACCOUNTS 30 DAYS PAST DUE.

All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estirnate. All agreements Contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation lnsurance,
be withdrawn
from
Authorized Signature:

Note: This sal ma us if not a within 30
8"./0.A", Brad oelsen
Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are uthorized
to do the work as specified, Payment will be made as outlined above.

Signature: Date of Acceptance:

ATTACHMENT C
w
WESTAIRE HEATING & AIR CANDITIONING, INC.
4350 Transport Street # 105 contractor's License # 356372 c'20 Ventura, CA 93003 E-Mail- [email protected]
PH. # (805) 642-9993 FAX. # (805)642-99e6
Prouosal #546-oll222br
t
MattR(@ci.carpinteria.ca.us February 77,2022
TE:

City of Carpinteria

SUSMITTED
577 Carpinteria Ave. Library 2 - Main
NAME:

Carpinteria, CA
STATE AND zIP: LOCATION:

PHONE:

Matthew Roberts
OF PLANS: AND ZIP:
from OI-L2-22 UV light added
rovide labor and materials to add to existing Furnace, one Cooling Coil and Outdoor Condensing Unit. lncluding the following:

1. Move existing furnace to a horizonal configuration to accommodate cooling coil, Cooling Coil and condenser.

2. lnstall Bryant Outdoor Condensing Unit M# 126CNA0480000 L6 SEER Single Stage Mir Tier.

3. lnstall 2" Filter base with new Merv. 13 filter.

4. New Cooling Coil CNPHT21ALA.

5. New Honeywell Programable Thermostat.

6. Modified ducting to fit existing ducting.

7. Enlarge return ducting capacity as needed.

8. Condensate piping and pump.

9. UV Light TUV-APCO-ER

9. Start up, Make necessary adjustments.

Excludes - High Voltage electrical, City building permits, Hers testing.

We propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:
five thousa hund five Dollars
50% before sta 25% on sta 25%u on com on
Payments to be made as follows
CUSTOMER FURTHER AGREES TO PAY REASONABLE CHARGES FOR COLLECTION. INCLUDING ATTORNEY'S FEES IN THE EVENT OF DEFAULT INTEREST WILL BE CHARGED ATTHE RATE OF TI/2%PER MONTH ON ALL ACCOUNTS 30 DAYS PAST DUE.

All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements Contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation lnsurance.

Note: This be withdrawn us if not within 30
Authorized Signature: B"-10-A., Brad Oetsen
Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are uthorized
to do the work as specified. Payment will be made as outlined above.

Signature: Date of Acce ptance:

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
April 25, 2022

ITEM FOR COUNCIL CONSIDERATION
Approval and adoption of Urgency Ordinance No. 754, amending Ordinance No. 744 and superseding Ordinance Nos. 746 and 749, extending the Temporary COVID-19 Outdoor Business Permit Program to December 31, 2022.

STAFF RECOMMENDATION
Approve and adopt Urgency Ordinance No. 754, extending the Temporary COVID-19 Outdoor Business Permit Program in order to allow businesses to operate in the City right-of-way and privately-owned outdoor spaces for supporting social distancing and economic recovery during the COVID-19 pandemic.

Sample Motion: I move to approve and adopt Urgency Ordinance No. 754, as read by title only. (Requires a roll-call vote)

BACKGROUND
On May 21, 2020, the COVID-19 Recovery Committee recommended for temporary permit regulations to be enacted in order to allow for essential and lower-risk businesses to use their private property outdoor spaces and City right-of-way for limited business operations in a manner consistent with the health orders of the County of Santa Barbara Health Officer in order to support the businesses during the COVID-19 pandemic. On May 26, 2020, the City Council approved urgency Ordinance No. 744, which established the Temporary COVID-19 Outdoor Business Permit Program for allowing limited business operations in the City right-of-way and privately-owned outdoor spaces as well as waiving the related City fees for the permits.

At its meeting on May 10, 2021, the City Council approved urgency Ordinance No. 746, which amended urgency Ordinance No. 7 44 as the first extension of time for the Temporary COVID-19 Outdoor Business Permit Program. At its meeting of November 22, 2021, the City Council approved urgency Ordinance No. 749 amending urgency Ordinance No. 7 44 as the second extension of time. Since the beginning of the Temporary COVID-19 Outdoor Business Permit Program, ten (10) permits were issued for business operations in the City right-of-way. Twenty-One (21) permits were issued for business operations in privately-owned outdoor spaces.

Ordinance No. 754, Temporary COVID-19 Outdoor Business Permit Program Extension April 25, 2022

The purpose of this agenda matter is for the City Council to consider and act on a third extension of time through the end of calendar year 2022 for the Temporary COVID-19 Outdoor Business Permit Program.

DISCUSSION
Under the provisions of Ordinance 744, as amended by Ordinance No. 749, the term of the Temporary COVID-19 Outdoor Business Permit Program sunsets pursuant to the following provision:

Section 11. Effective Date and Termination. This Urgency Ordinance shall become effective immediately and shall remain in effect until 11 :59 pm on June 30, 2022, or it is terminated by the City Council."
As of April 15, 2022, the community transmission level of COVID-19 in Santa Barbara County is categorized as "low" based on the Centers for Disease Control and Prevention (CDC) indicators and statewide declining COVID-19 cases and hospitalizations. The current COVID-19 pandemic status follows a major surge and peak in the COVID-19 case rate countywide that was observed between December 2021 and January 2022 due to the emergence of a new, highly transmissible Omicron variant of COVID-19. Although mandatory COVID-19 restrictions such as masking mandates and restrictions on events and public gatherings have been lifted statewide, the unpredictable nature of the COVID-19 virus and anticipated increases in travel and events during the summer season raises the prospect that some restrictions could be reinstated later this year.

Staff has been in contact with the permit holders who expressed ongoing need for the outdoor use allowed by the Temporary COVID-19 Outdoor Business Permit Program as a part of their recovery from impacts of the COVID-19 pandemic and in response to the desire of many customers to have an outdoor seating area option for their health and safety. The City Council has initiated the legislative process to consider a permanent program for allowing "parklet" style outdoor seating areas.

Staff is recommending for the Temporary COVID-19 Outdoor Business Permit Program to be extended to the end of this calendar year based on 1) the expectation that economic recovery needs of local businesses will continue during the COVID-19 pandemic and extend beyond the end of the pandemic-related local and state emergency declarations and 2) input from permit holders concerning customer needs and expectations. The extension of the Temporary COVID-19 Outdoor Business Permit Program would again provide additional time for development of a parklet permit program and, if approved, be implemented. An administrative draft of a parklet permit program and ordinance regulations are in progress of being prepared. As a part of this process, a public workshop for permit holders in the Downtown 'T' was already conducted on March 30, 2022. Staff estimates presenting the administrative draft parklet permit program to the Planning Commission in summer 2022.

Ordinance No. 754, Temporary COVID-19 Outdoor Business Permit Program Extension April 25, 2022

Ordinance No. 754 as shown in Attachment A, if adopted by the City Council, would amend Section 11 of Ordinance No. 7 44 to read as follows:

Section 11. Effective Date and Termination. This Urgency Ordinance shall become effective immediately and shall remain in effect until 11:59 pm on December 31, 2022, unless earlier terminated by action of the City Council.

Ordinance Nos. 746 and 749 would be superseded by Ordinance No. 754. Ordinance No. 754 includes findings in support of the program extension and the basis for adoption as an urgency matter.

POLICY CONSISTENCY
The establishment of regulations necessary to address risks to public health and safety are an inherent part of the City's police powers as well as a fundamental part of the City's authority for operating during the current disaster/emergency and recovery concerning the COVID-19 pandemic.

FINANCIAL CONSIDERATIONS
The City Council waived the fees of the Temporary COVID- 19 Outdoor Business Permit Program. Should the City Council approve and adopt urgency Ordinance No. 754, the waiver of fees would continue. Staff would also continue to administer the Temporary COVID-19 Outdoor Business Permit Program with no additional cost.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City is authorized to adopt rules and regulations to protect public health and safety during a state of emergency, including but not limited to, Government Code Sections 8558 and 8630, et seq., Health and Safety Code Section 101080, and Chapter 2.40 of the Carpinteria Municipal Code.

This Ordinance is proposed to be adopted as an urgency ordinance pursuant to Government Code Section 36937. An ordinance adopted under Government Code Section 36837 takes effect immediately when it is related to preservation of public peace, health, safety, or containing a declaration of facts constituting the urgency and is passed by a four-fifth (415th) vote of the City Council.

OPTIONS

1. Approve and adopt urgency Ordinance No. 754. (Staff recommendation)

2. Approve with amendment(s) and adopt urgency Ordinance No. 754.

3. The City Council could choose to not approve the recommendation and direct staff as determined appropriate.

Ordinance No. 754, Temporary COVID-19 Outdoor Business Permit Program Extension April 25, 2022
Page4

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A: Ordinance No. 754
Staff contact:

Jason Dane, Engineering Technician
(805) 755-4445; [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]
'
hv(f ~( ,gnafu-~ re

ATTACHMENT A
Ordinance No. 754

THIS PAGE INTENTIONALLY LEFT BLANK
ORDINANCE NO. 754

AN URGENCY ORDINANCE OF THE CITY OF CARPINTERIA AMENDING ORDINANCE NO. 744, AS AMENDED BY ORDINANCE NOS. 746 AND 749, TO EXTEND THE TEMPORARY COVID-19 OUTDOOR BUSINESS PERMIT PROGRAM

TO ALLOW BUSINESSES TO OPERATE IN THE CITY RIGHT-OF-WAY AND OTHER

PRIVATELY-OWNED OUTDOOR SPACES TO ENCOURAGE SOCIAL DISTANCING AND ECONOMIC RECOVERY FROM THE COVID-19 PANDEMIC AND SETTING

FORTH THE FACTS CONSTITUTING SUCH URGENCY
WHEREAS, Government Code Sections 8558 and 8630, et seq., Health and Safety Code Section 101080, and Chapter 2.40 of the Carpinteria Municipal Code ("CMC"), empower the City of Carpinteria ("City") Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of life and property during proclaimed local emergencies; and WHEREAS, on March 4, 2020, Governor Newsom declared a state of emergency to make additional resources available, to formalize emergency actions already underway, and to help prepare the effects of the Novel Coronavirus ("COVID19") pandemic; and WHEREAS, on March 11, 2020, Governor Newsom and California Department of Public Health ("CDPH") officials recommended that non-essential gatherings should be postponed or cancelled statewide until the end of March in order to implement social distancing guidelines intended to protect all individuals, particularly those who are at high risk of severe illness from the COVID-19 virus, and to slow further spread thereof; and
WHEREAS, on March 12, 2020, the County of Santa Barbara ("County") Health Officer declared a local health emergency exists countywide due to an imminent and proximate threat to public health, within the meaning of Health and Safety Code Section 101080, by the introduction of the COVID-19 virus and directed cities countywide to implement Governor Newsom's social distancing guidelines; and WHEREAS, on March 16, 2020, Governor Newsom declared in Executive Order N-28-20 that the economic impacts of the COVID-19 pandemic have been significant and could threaten to undermine Californians' housing security and the stability of California businesses; and
WHEREAS, on March 17, 2020, the CDPH and County Public Health Department directed all bars, nightclubs, pubs, breweries, and wineries to close immediately as well as restaurants and other food facilities offering onsite dining should immediately transition to only offering delivery or take-out service as part of the public health effort to slow the spread of the COVID-19 virus; and WHEREAS, on March 17, 2020, the City Director of Emergency Services issued a Proclamation of Local Emergency by the Director of Emergency Services for the COVID-19 pandemic ("Proclamation"); and
Ordinance No. 754

WHEREAS, the City's Proclamation was found necessary and ratified by the City Council at its regular meetings on March 23, 2020, via adoption of Resolution No. 5954, and re-ratified by the City Council on April 13, 2020, via adoption of Resolution No. 5954, May 13, 2020, via adoption of Resolution No. 5969, June 8, 2020, via adoption of Resolution No. 5980, June 22, 2020, via adoption of Resolution No. 5985, and July 13, 2020, via adoption of Resolution No. 5989, in order to utilize all resources necessary to respond to the COVID-19 pandemic and receive any state and/or federal funds that may be available; and
WHEREAS, the Proclamation invokes in the City all powers and mechanisms set forth in the California Emergency Services Act (Government Code sections 8550, et seq.), City ordinances and resolutions, and all other applicable state and federal laws to be used by authorized City personnel; and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N33-20 for all individuals living in the State of California ("State") to stay home or at their place of residence, except as needed to maintain continuity of operation of federal critical infrastructure sectors and additional sectors as the State Public Health Officer may designate as critical to protect health and well-being of all Californians (hereinafter called "essential businesses"); and
WHEREAS, many events countywide were and continue to be canceled, postponed, or implement social distancing due to the orders and recommendations at all levels of government to restrict large gatherings amid concerns over the spread of the COVI D-19 virus, and these cancellations, postponements and social distancing cause a loss in revenue for the associated vendors, organizations and businesses, loss of income for the people who would have staffed the events, as well as lost revenue for surrounding local businesses that rely on such events to bring patrons to their businesses; and
WHEREAS, many businesses citywide were either not permitted to remain open or required to severely restrict activities, causing significant adverse financial impacts.

Also, State and County heath orders and guidance calling on residents to stay at home and implement social distancing continues to result in a severe decline in consumer spending and tourism, which has had significant negative impacts on revenue for most small businesses in Carpinteria; and
WHEREAS, on May 4, 2020, Governor Newsom issued Executive Order N-60- 20, which is incorporated herein by reference, to allow re-opening of lower-risk business and spaces (hereinafter called "lower-risk businesses") in Stage Two of the State's Resilience Roadmap subject to certain limitations. On May 8, 2020, the County Health Officer issued County Health Officer Order 2020-8.1, which further clarified the lowerrisk businesses eligible to be open for limited operations countywide; and WHEREAS, on May 18, 2020, the City Council enacted Resolution No. 5977 establishing requirements for wearing face coverings at certain places and in certain circumstances as an additional health protection measure in response to the COVID-19 Ordinance No. 754

pandemic in order to protect the public health and safety of members of the public; and WHEREAS, on May 21, 2020, the County Health Officer issued County Health Officer Order 2020-8.2, which allowed essential businesses and lower-risk business that may remain open with modified operations and social distancing to open or open more fully with self-certification. Although the State and County entered Stage Two of the State's Resiliency Roadmap, which loosened some public health and safety restrictions and allowed essential and lower-risk businesses to re-open with certain protections in place, these businesses remained severely restricted and experienced corresponding significant adverse financial impacts; and
WHEREAS, on May 26, 2020, the City Council adopted Ordinance No. 744, enacting the Temporary COVID-19 Outdoor Business Permit Program ("Temporary COVID-19 Outdoor Business Permit Program") to allow business to operate in the City's right-of-way and in other privately-owned outdoor spaces to encourage social distancing and economic activity during the COVI D-19 pandemic; and WHEREAS, on August 28, 2020, Governor Newsom announced the Blueprint for a Safer Economy Plan, which replaced the State's Resilience Roadmap and established new guidelines for business operations to encourage social distancing and economic activity during the COVID-19 pandemic; and
WHEREAS, the City Council recognizes that the Temporary COVID-19 Outdoor Business Permit Program, adopted via Ordinance No. 744, has assisted businesses to continue economic activity during the COVID-19 pandemic; and WHEREAS, on May 10, 2021, the City Council approved and adopted urgency Ordinance No. 746, amending Ordinance No. 744, extending the Temporary COVID-19 Outdoor Business Permit to remain in effect until 11 :59 pm on December 31, 2021; and WHEREAS, on November 10, 2021, the City Council approved and adopted urgency Ordinance No. 749, amending Ordinance No. 744 and superseding ordinance 746, extending the Temporary COVID-19 Outdoor Business Permit to remain in effect until 11 :59 pm on June 31, 2022; and
WHEREAS, on January 10, 2022, a peak in the community case rate of COVID19, was observed in the County due to the spread of a the significantly more transmissible SARS-CoV-1 B.1.1.529 "Omicron" variant of COVID-19; and WHEREAS, on February 7, 2022, the California Department of Public Health updated their guidance for the Use of Face Masks to take effect on February 16, 2022, requiring unvaccinated person to wear masks in all indoor public settings, requiring universal masking in only specified settings, and recommending continued indoor masking when the risk may be high; and
WHEREAS, on February 16, 2022, the County Health Officer issued County Health Officer Order 2022-10.1 Superseding and Replacing Health Officer Order No.

Ordinance No. 754

2022-10, which requires unvaccinated person to wear masks in all indoor public settings, requires universal masking only in specified settings and recommends continued indoor masking when risk may be high consistent with CDPH guidance; and WHEREAS, as of April 15, 2022, the COVID-19 case and hospitalization rates in the County have declined and community transmission was categorized as "Low" based on the U.S. Centers for Disease Control and Prevention's ("CDC") indicators; and WHEREAS, COVID-19 case and hospitalization rates the County may rise at any time, especially given the anticipated increase in travel and events during the summer season, that may require further social distancing measures and impact local businesses; and
WHEREAS, the continuation of the Temporary COVID-19 Outdoor Business Permit Program remains necessary to provide businesses with opportunities to encourage social distancing and to promote economic recovery from the negative impacts resulting from the COVID-19 pandemic and its variants; and WHEREAS, the City Council recognizes that the Temporary COVID-19 Outdoor Business Permit Program must be flexible and responsive to changing conditions associated with the COVID-19 pandemic, the state of emergency, or governmental response, including modifications to public health and safety directives, social distancing guidance, and business operation conditions, in order to effectively achieve the dual public health and safety and economic goals of the City during and following the COVID-19 pandemic.

THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. All the recitals set forth above are true, correct, and valid, and are hereby incorporated and adopted as findings of the City Council as though fully set forth herein.

Section 2. Findings. The Council hereby finds, determines and declares that this Urgency Ordinance adoption pursuant to Government Code Section 36937 is necessary because:

A. Commercial activity and businesses are essential to a vibrant and healthy community, and this Temporary COVID-19 Outdoor Business Permit Program provides flexibility to local businesses to re-open and remain open while protecting the health, safety, and welfare of members of the public during the ongoing COVID-19 pandemic; and
B. Without the amendment and extension of the Urgency Ordinance, there is an increased risk of a substantial impact to local businesses, causing further disruption by delaying local economic recovery, and imperiling the lives or property of inhabitants of the City; and
Ordinance No. 754

C. The Downtown 'T' Encroachment Permit Program was established for local businesses within the Downtown 'T' in order to apply for a permit to conduct certain business operations within the City right-of-way, which provided a framework for the portion of the Temporary COVID-19 Outdoor Business Permit Program applicable to the City right-of-way and other privately-owned property, but requires certain modifications to streamline the approval and implementation of permits with all due speed during and following the COVID-19 pandemic; and
D. CMG Chapter 14.64 establishes a temporary use permit to allow businesses to engage in temporary uses on privately-owned property that provides a framework for the Temporary COVID-19 Outdoor Business Permit Program applicable to privately-owned property, but requires certain modifications to streamline the approval and implementation of permits with all due speed during and following the COVID-19 pandemic; and
E. The City Council recognizes the Temporary COVID-19 Outdoor Business Permit Program may continue to require that certain temporary exceptions to the requirements of CMG Chapter 12.02, the Downtown 'T' Encroachment Permit Program, and CMC Chapter 14.64 may be necessary, as determined by the Director of Emergency Services through, additional rules and regulations, as described in Section 6 herein; and
F. For the immediate preservation of the public peace, health, and safety, the Council finds that it is necessary to adopt this Urgency Ordinance amending Ordinance No. 744, as amended by Ordinance No. 746 and 749, that established the Temporary COVID-19 Outdoor Business Permit Program, for all of the reasons set forth in the recitals above, which and are incorporated herein by reference.

Section 3. Urgency Need. Based on the foregoing recitals and findings, all of which are deemed true and correct, this Urgency Ordinance is needed for the immediate preservation of the public peace, health, and safety. This Urgency Ordinance shall take effect immediately upon adoption in accordance with the provisions set forth in Government Code Section 36937.

Section 4. Amendment. This Urgency Ordinance hereby amends and supersedes Section 11 of Ordinance No. 7 44 to read as follows:
"Section 11. Effective Date and Termination. This Urgency Ordinance shall become effective immediately and shall remain in effect until 11 :59 pm on December 31, 2022, or it is terminated by the City Council." This Urgency Ordinance hereby also supersedes and replaces urgency Ordinance Nos. 746 and 749.

Section 5. Scope. Except as expressly amended and superseded by this Urgency Ordinance, all other sections, subsections, sentences, clauses, phrases or Ordinance No. 754

words of Ordinance No. 7 44 remain in full force and effect.

Section 6. Severability. If any section, subsection, sentence, clause, phrase or word of this Urgency Ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance or Ordinance No. 744.

Section 7. Effective Date. This Urgency Ordinance shall become effective immediately.

Section 8. Environmental Determination. The City Council finds that the adoption and implementation of this Urgency Ordinance are 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 implementation of this resolution may have significant effects on the environment. The Urgency Ordinance would amend Ordinance No. 744, that established a Temporary COVID-19 Outdoor Business Permit Program, similar to existing permit processes, which is solely an administrative process resulting in no change to the environment.

SECTION 9. Publication. The City Clerk is directed to cause this Urgency Ordinance to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED on April 25, 2022, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST:

City Clerk, City of Carpinteria
Ordinance No. 754

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 April 25, 2022.

City Clerk, City of Carpinteria
APPROVED AS TO FORM:

Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
City of Carpinteria
Cour.rcu- Aceuoe Srerr Reponr
April 25,2022

ITEM FOR COUNCIL CONSIDERATION
City of Carpinteria 2021f o|d Compensation Study Report, including consultant salary range recommendations.

STAFF RECOMMENDATION
Receive and file the report, and direct staff to bring back a future agenda matter with appropriate actions for implementation.

Sample Motion: I move to receive and file the attached City of Carpinteria202l Total Compensation Study Report and direct staff to bring back a future agenda matter with appropriate actions for implementation.

BACKGROUND
The most recent past compensation studies conducted for the City of Carpinteria were in 2000, 2006, and 2014. For the 2021 Compensation Study, written proposals were requested from five qualified and experienced consulting firms. Staff received two responsive proposals. CPS HR Consulting's proposal was selected based on their qualifications, experience, understanding of the scope of the project, overall design and methodology, references, and cost compared with the level of effort to be expended.

Total compensation studies are research tools that are used to help organizations design and manage their compensation structure. Survey data is used to ensure internal consistency in pay scales as well as to measure where an agency's pay rates and benefits compare within the labor market agencies. An agency's ability to attract, retain and motivate staff is tied to setting the total compensation package at the appropriate level.

Therefore, knowing where an agency stands in comparison with its peers is essential in determining if it is remaining competitive.

The first step in conducting a total compensation survey is to determine the basic parameters for the survey. These parameters included:
. Confirmation of the labor market position
. Labor market agencies (comparable agencies)
City of Carpinteria 2021Total Compensation Report
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Page2
S u rvey classifications (benchmark classifications)
Survey
The same 14 labor market agencies used during 2000, 2006, and 2014 compensation surveys were selected by the City and CPS HR Consulting. They are as followsl:

1. Arroyo Grande

2. Buellton

3. Fillmore

4. Goleta

5. Grover Beach

6. Marina

7. Morro Bay

8. Ojai

9. Pacific Grove

10. Pismo Beach

11. Port Hueneme

12. Santa Paula

13. Solano Beach

14. Solvang
-r
The study consisted of the following:
. Collecting job descriptions, where available, to determine comparability. . Collecting and analyzing base salary and benefit survey data for the selected survey classes from the City's identified labor market. . Calculating the labor market median for maximum base salary, total cash, and total compensation and the percentage the City is above or below each.

The survey methodology utilized by CPS HR Consulting included. . An initial telephone call to each labor market employer to explain the purpose and scope of the survey and confirm cooperation.
. A survey was sent to each labor market employer that included a listing of the survey classifications and descriptions of those classifications surveyed, plus a detailed questionnaire for collecting the salary and benefits data. . The agencies'websites were utilized to collect salary and benefits data and to compare job descriptions, where available.
ln addition to the collection of base salary and benefit information, reporting relationships, functional areas of responsibilities, and the class's relationship to other classes in the series were considered. For each classification, monthly base salary, total cash, and total compensation were used as the basis of comparison.

For the study, CPS HR Consulting surveyed benchmark classifications, and ensured there was at least one classification benchmarked for every department. Benchmarking is the process of creating a point of reference against which something else may be compared or assessed. ln this case, the benchmarked classifications served two primary purposes: (1) as the basis for comparison between the City and the 14 labor market agencies identified above, and (2) as an internal point of reference whereby 1 City of Ojai was not able to participate in the study, notifying the City that, due to limited staff, it could not complete the online salary survey or provide the documents needed for the study.

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recommendations may be extrapolated for other classifications, ratherthan to study every classification in detail.

Summary descriptions for all survey benchmark classifications were based on current job descriptions after being reviewed for accuracy by staff in the current classification, and then reviewed, and approved by the department director, Human Resources, and/or City Manager prior to being provided to CPS HR Consulting. The 12 survey benchmark classifications for the Study are presented below.

1. 2.

3. 4.

5. 6.

7. 8.

L
10 11
12 Ad m i n istrative Assistant-Com m u n ity Development Aq uatics Superintendent
City Manager
Civil Engineer
Code Compliance Officer ll
Community Development Director
Human Resources/Risk Manager
Parks, Recreation, and Public Facilities Director
Principal Planner
Public Works Supervisor
Senior Financial Analyst
Senior Parks & Facilities Maintenance Worker
When conducting a salary survey, the intent is to provide general market trends by comparing the span of control, duties and responsibilities, knowledge, and skill and ability requirements to determine whether these are comparable enough to utilize as a match.

With a balanced labor market and the use of whole job analysis, it is reasonable to assume that while some matches will have slightly higher responsibilities and some matches will have slightly lower responsibilities, the overall scope of duties and responsibilities of the combined matches will be balanced.

CPS HR's best practice is that benchmark positions must have a minimum of 3 classification matches to be analyzed. ln most studies, it is common to have some classes for which limited market data exists. There are many reasons a benchmark class may not have enough comparable data, including.
. Differences in the delivery of services
. Differences in the span of control
. Differences in organizational structure
. Differences in operational size
. The classification is not commonly found in other agencies . Agency does not provide that service
While salary surveys can be helpful research tools, survey data does not provide an entirely comprehensive assessment for the following reasons:

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a
Comparisons are not always "apples to apples." The specific job duties of similar positions in different agencies can vary in complexity and level of responsibility, resulting in greater variances in pay rates.

Survey data is often retrospective and may require some adjustment to account for changes since the data was collected.

Salary surveys capture minimum, midpoint, and maximum monthly salaries for a position but do not reflect individual employees'actual pay.

Salary recommendations are limited to base pay only, and do not reflect employee benefits such as health and other insurances, employer retirement contributions, paid leave programs, flexible work schedules, fringe benefits, reimbursement programs or special pay. The value of benefit programs can vary and may counterbalance pay levels.

Often related to its staff size and the extent of work required across various service functions, certain agencies may have fewer positions that carry out a broader workload, while others may have more positions that carry out a narrower workload.

Surveys also do not reflect the degree to which agencies use contract services in-lieu of in-house labor or the levels of service each agency provides to the public.

The data gleaned from surveys do not reflect the cost-of-living in the communities included in the study.
a
For the reasons detailed above, lhe 2021 Total Compensation Study Report is intended to serve as a guide, not a conclusive judgement, by which final recommendations and processes are to be informed.

The purpose of this agenda matter is to allow the Council to receive and consider the recommendations of the 2021 Total Compensation Study Report and direct staff concerning the scheduling of future actions to be considered by the Council in order to make changes to employee compensation.

DISCUSSION
The Study is a tool that may be used by the City in evaluating the agency's organizational structure, as a whole, and/or the salaries and benefits provided to its full-time employees.

The City is currently in the process of negotiating the conditions of employment for represented employees and is also updating the terms and conditions of employment for management and miscellaneous employees. The Study may be referenced for these updates. lt is not expected that this work will be completed prior to the expiration of the current memorandum of understanding and conditions of employment that apply to these employee groups; therefore, the current conditions of employment are expected to carryover pursuant to their own terms and the law until superseded.

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The Study results show that the City offers a competitive benefits package when compared to the labor market. When compensation and benefits are reviewed as a total package, the competitive benefits compensate for base compensation lagging. The Study reflects that the City's job classifications, when compared to the relevant labor market, are a mix of at, above or below the labor market when comparing base salary and total compensation categories. The City's total compensation is 2.56% above the market median2, which generally is viewed as aligned with the relevant labor market when market volatility and standard deviation are taken into consideration. Six City benchmarked classifications are on average 8.13%of above the market median when factoring total compensation, while four City benchmarked classifications are on average 5.79o/o below the total compensation market median.

Salarv Findinos and Recommendations.

The market median tends to be a stable representation of trends in the market since it eliminates high and low payers, which can skew data and outcomes. For this reason, CPS HR's methodology is to use the market monthly minimum and maximum median for salary considerations. The City's current base salary structure should be aligned with the goal to recruit, develop, reward, and retain employees.

The City is below the labor market median, or 50% percentile, based on the monthly minimum and monthly maximum salary for seven benchmark classifications.

The City is above the labor market median, based on both the monthly minimum and monthly maximum salary for one benchmark classification (Parks Recreation and Public Facilities Director).

The City is above the labor market median based on the monthly midpoint and maximum salary for two benchmark classifications (Senior Financial Analyst a nd Adm i n istrative Assista nt-Com m u n ity Development).

Overall, the City's benchmark classification base salaries at the midpoint are 4.60Yo below the labor market. Note, the positive number means that City's benchmark range is below the market and indicates how much is needed to align City's range with the market range (i.e., the median market variance City Manager's job classification is shown as 9.63%).

CPS HR Consulting made severalsalary range recommendations (Appendix C, page 84) based on the data and they also created a proposed management salary schedule as a reference. ln total there are twenty-four salary range recommendations with proposed new salary ranges. There are three positions that CPS HR Consulting could not make recommendations for due to insufficient data (less than three comparable matching classifications.)As a result, there are five additional positions where no recommendation could be made due to their reliance on the aforementioned benchmark classifications for comparison.
2 The labor market median and mean of the control points which is calculated using the same control point for each of the comparable classes; that range of data is then computed to provide the median or mean amount. The City's salary is not included in the median and mean calculation. a
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