Agenda packet — Carpinteria City Council, May 9, 2022

City of Carpinteria
City Council Regular Meeting Agenda
Monday, May 9, 2022
Council Chamber, 5775 Carpinteria Avenue
5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website (https://carpinteria.ca.us/cityhall/agendas-meetings) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 889 0390 2262.

Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes.
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's City Council Regular Meeting Agenda
May 9, 2022

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agenda website (https://carpinteria.ca.us/city-hall/agendas-meetings). Please reference the agenda item to which your comment pertains.

Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.

Also, please note that Spanish interpretation will be available at the in-person meeting (but will not be available through the City’s Zoom webinar).

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS

1. Carp Connect Presentation and Request for funding the Summer Student Wellness Program for Teens, Summer 2022.

2. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) presentation.

3. Presentation by Kirsten Ayers, representing the Public Relations firm of Ayers and Associates, providing an update on Highway 101 Carpinteria to Santa Barbara Project Phase 4A.

4. Proclamation Designating May 2022 as Community Action Month and on the Occasion of CommUnify’s 55th Anniversary.

5. Proclamation Designating May 15 through 21, 2022, as National Public Works Week in the City of Carpinteria.

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.

CITY MANAGER’S REPORT
City Council Regular Meeting Agenda
May 9, 2022

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The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Public Comment period is limited to 15 minutes and divided among those persons desiring to speak. No person shall speak longer than three minutes; however, the Mayor may establish shorter periods based on the time available and/or the number of persons waiting to speak. Persons wishing to speak on a specific item will be recognized at the time the agenda item is considered.

The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.

The City and the City Council are not responsible for the content of statements made during the public comment period, or the factual accuracy of any such statements.

AGENDA MODIFICATIONS: The City Council may modify the regular agenda by tabling items, adding urgency items to the agenda, or changing the order in which items are considered. Changes to the Consent Calendar are considered at the time the Consent Calendar is considered.

CONSENT CALENDAR: Items on the consent calendar are considered to be routine and are normally enacted by one unanimous vote of the Council. If you wish to speak on a consent calendar item please do so during the public comment period provided at the beginning of this item.

6. Approve the minutes of the regular City Council meeting of April 25, 2022.

7. Receive and file the Expenditures for the period beginning April 16, 2022 and ending April 29, 2022.

ADMINISTRATIVE MATTERS:

8. Resolution calling the November 8, 2022 General Municipal Election, requesting Consolidation of Election with County of Santa Barbara, and adopting regulations for Candidate Statements.

Recommendation: Adopt the attached three resolutions relating to the November 8, 2022 election: (1) Resolution No. 6128, calling and giving notice of the November 8, 2022 General Municipal Election; and (2) Resolution No. 6129, requesting consolidation of the November 8, 2022 General Municipal Election with City Council Regular Meeting Agenda
May 9, 2022

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the Statewide General Election; and (3) Resolution No. 6130 adopting regulations for Candidate Statements.

Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination

9. Agreement with TKM Engineering for Traffic Signal Timing Services.

Recommendation: Authorize the City Manager to execute the Agreement with TKM Engineering for traffic signal timing services in an amount not-to-exceed $39,300. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
d. Staff Report
e. Public Comment
f. City Council Determination
PUBLIC HEARING: NONE
OTHER BUSINESS:

10. A report on local regulations that serve to restrict formula businesses.

Recommendation: Receive and file the report and direct staff as determined appropriate.

Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination

11. Amendment to the City Manager Employment Agreement.

Recommendation: Approve the attached Seventh Amendment to the Employment Agreement for the City Manager.

Staff Presenter: Laura Hernández, Human Resources/Risk Manager a. Staff Report
b. Public Comment
City Council Regular Meeting Agenda
May 9, 2022

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c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.

1. Representatives to Regional Agencies and Committees
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Clark/Alt. Carty)
b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Carty) c. Channel Counties Division, League of California Cities (Nomura/Alt. Lee) d. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.

Nomura)
e. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt.

Nomura)
f. Santa Barbara Joint Affordable Housing Task Group (Carty & Alarcon) g. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
h. Home for Good of Santa Barbara County (Clark/Alt. Alarcon) i. South Coast Youth Safety Partnership (Lee & Alarcon) J. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) k. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)

2. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Carty & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee & Alarcon)
d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Carty) f. City Council Finance/Budget Committee (Carty & Clark) City Council Regular Meeting Agenda
May 9, 2022

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g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura/Alt. Carty) (PC: Benefield and Callender) (ARB: Reginato and Stein)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Clark & Lee) (PC: Allen/Callender)
j. Public Facility Site Acquisition/Development Committee (Carty & Nomura)

3. Ad Hoc Committees
a. COVID-19 Communications Committee (Clark & Nomura)
b. Racial Equity and Social Justice Program Planning Committee (Nomura & Alarcon)
c. Harbor Seal Advisory Committee (Clark & Lee)
d. Senior Services Planning Committee (Carty & Lee)

4. City Representatives on other Committees
a. Community Media Access Center (Gary Dobbins)
b. Santa Barbara Mosquito and Vector Management District (Joe Franken) c. Santa Barbara Metropolitan Transit District (Chuck McQuary) d. County Library Advisory Committee (Gail Marshall)

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS

ADJOURNMENT
The next regular meeting of the City Council will be held May 23, 2022 at 5:30 p.m.

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.

Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office.

This agenda was posted on Wednesday, May 4, 2022, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.

TO: Carpinteria City Council Members
FROM: Carp Connect Request for funding the Summer Student Wellness Program for Teens, Summer,2022
Date: May 3,2022
This request to the City of Carpinteria is a collaborative venture initiated by Carp Connect and multiple agencies including the Santa Barbara County Dept. of Public Health, Santa Barbara County Dept. of Behavioral Wellness, HopeNet of Carpinteria, CADA (Council of Alcoholism & Drug Abuse), FSA (Family Service Agency), CCP (Carpinteria Children's Project), Pacific Pride Foundation/REl, YouthWell, Asa Olsson, AtoZ Cooking School, some art and writing instructors living in the community, a professional broadcaster & public affairs director of UCSB radio station, the Parks & Rec Department of the City of Carpinteria and CUSD (Carpinteria Unified School District) partners.

URGENT NEED FOR MENTAL HEALTH & SUPPORT SERVICES FOR TEENS Therehasbeen a600/o increaseinsuicideratesamongteenssince200T.Oneinfive teens report thoughts of suicide (New York Times, April 24, 2022). Read attached pages on Teen Depression.

This program will be an effort of many agencies and individuals to provide much needed services to those students who have been identified by CUSD or FRC (Family Resource Center of Carp Children's Project) as needing additional and supportive services during the summer months. Other CUSD students will also be able to take the enrichment classes based on enrollments.

To provide much needed services for our teens in grades 9 - 12, ages 14 -18, various organizations will work together to provide both a clinical and non-clinical models of help for our teens and their families with mental help support, creative, recreational and outdoor activities and referrals for additional services. The Family Resource Center of the Carpinteria Children's Project will act as the Navigator and coordinate and refer teens and the families for services and activities along with START therapists working at CUSD.*
The students will fill in applications for these enrichment classes with their therapist during May.

Since 2006 the START program has been operating in all the Carpinteria Schools.

Working with the County Behavioral Wellness this program was originally funded with Medi-Cal, since 2010 it is under MHSA/Prop 63 statefunding and an additional $10,000 L
per therapist for the school year, excluding summer vacation. This request would include funding these therapists during the summer months to continue the power of relationships that have been established during the school year. Many of the children who are served through this program require this therapeutic support and other referrals during the summer months. (during the summer months the cost is $8,600 per therapist or $17,200 for two therapists. CUSD would love to hire more than just two therapists so that students on the waitlist can also be served) START Therapists at CUSD
CUSD partnered with Family Service Agency (FSA) and the Council on Alcohol and Drug Abuse (CADA) to staff the Support, Treatment, Advocacy, and Referral Team (START) program which provides therapeutic services to students with mental health, substance abuse, or co-occurring issues. our partnership with CADA and FSA has been instrumental in establishing a comprehensive, multifaceted approach to help ensure schools are caring and supportive places to maximize learning and well-being and strengthen students, families, schools, and the Carpinteria community. Specific services include:
r lntervention, linkage, programs, and services to intervene as early as possible after the onset of learning, behavior, substance abuse, and emotional problems; o Enhancing mental health and addressing substance abuse issues of students and families;
o Referral and linkage to other community services and support to develop comprehensive, mu ltifaceted, a nd cohesive conti nu u m of school -commu n ity interventions to address barriers to learning and promote healthy development.

A variety of classes taught by professionals include cooking classes, a hiking/walking class in collaboration with Pacific Pride/REl, a multi-media journaling class, a podcast class, art & writing classes, a 6-week improv and drama course for 10-12 CHS students would be funded through this venture. We will try to include some job coaching in this summer program as well as internships. lnternships will require additional funding, possibly from Carp Growers, which we will continue to address.

Scholarships from City of Carpinteria Parks & Rec for a variety of classes including swimming, kayaking, tennis and/or other classes & night swims for the whole family, would be helpful. They are not included in our budget.

This collaborative venture will provide those teens most in need of therapeutic and nontherapeutic support a summer of fun activities and the continued, existing relationship with their on-going therapist.
2 CLASSES OFFERED
Cooking Classes through Apples to Zucchini Cooking School:

Our mission is to bring people together over shared meals by teaching children, teens and adults how to prepare delicious, nutritious, affordable meals made from seasonal and local ingredients. We are a non-profit, and we have been serving Santa Barbara since 2016. We teach afterschool classes at schools and various non-profits (Girls lnc. SB, SB School of Squash, Gaucho Underground Scholars, SAFE House, Noah's Anchorage, Casa Serena). We also teach classes for adults -- Food As Medicine classes led by doctors and Just for Fun classes led by our excellent Chef Educators. Meets twice a week for 6 weeks - one class per week is on CHS campus; second class may be off-site & outdoors at a park, the beach or the bluffs or on campus.

Art Making: A workshop-type approach to art-making in a low-pressure, studentoriented atmosphere. Students will complete one take-home project per session.

Principles of design and color theory will be taught in relation to each project. A variety of painting, drawing, and printmaking media will be used. All levels of experience will be accommodated. Students will be asked to examine their personal tastes and responses to works of art, as well as the art-making process, as an opportunity to understand and solidify their core selves. Meets once a week from /-3 pm @ CHS.

Drama Workshop
Helping students to be open about their feelings in these trying times, using their own words and challenges as tools to create short plays, where characters express and seek solutions to their issues. Classes geared toward teambuilding, empowerment and trust while dealing with provocative & sensitive subjects. Meets on Saturday from 70 am -/2 noon at Carp Connect.

Find Your Voice with Podcasting
Good communication skills are critical to a happy and healthy life. ln this workshop series, students will learn how to present their ideas, views and interviews with others in a podcast. A podcast is a spoken-word audio presentation, recorded, edited and presented online for listeners to tune-in on-demand. A podcast episode sounds like a radio program. This hands-on, interactive, engaging workshop series will guide students through the process of creating a podcast episode, from concept to completion. Meets every Monday for 6 weeks @ CHS from 2- 4 pm. 3 Hiking Group
Hosted by Pacific Pride Foundation and guided by REl, this 1-hour hiking group will meet every other week to explore walking/hiking trails in and around Carpinteria. Open to youth 12-18 with a cap of 24 participants. Meets every other Tuesday from 7 7-12 am beginning lune 21.

Multi-Media Journaling Class
Journaling as a practice has been shown to improve mental and emotional health outcomes, especially for those dealing with trauma and PTSD, and promotes optimism, resilience, and gratitude. This class will provide safe spaces, both in the form of a shared classroom space and in the form of a private journal, where students can reflect on their experiences, create without judgment, and express their emotions. Meets once a week for 2 hours at Carp Connect beginning July 3.

Your Magic Pen: Turning Feelings into Letters
Writing a letter is a healthy way to express one's feelings, whether the letter is sent or not. This workshop offers attendees a place to explore the best way to say on paper what they would like someone else to know. For safety and comfort, attendees' work will not be shared, discussed, or "corrected." (This workshop is not concerned with grammar, spelling, etc.) To complement the written word, participants also will create greeting cards and, if time allows, be introduced to cursive penmanship and practice lettering.

Meets once a week on Wednesdays, 3- 4:30 pm at Carp Connect.

Parks & Rec. Classes
Swimming, tennis, family swim night and other offerings based on the availability of funds and how many scholarships are available. Times vary.

A// students wrll be provided with individualwrapped snacks and bottled water at the end of class, provided by Carpinteria children's project & their partners. * The Carpinteria Children's Project (CCP) serves Carpinteria families through the Family Resource Center (FRC) through our community and family services and programs.

Through the community team, the FRC outreaches to advertise services and familycentered events. The community team also meets with families with basic needs and are either referred or given a direct service. They also partner with other organizations to increase the access to programs and services the community. The family team conducts classes and workshops that help strengthen families, as well as providing intensive case management services. The FRC receives referrals from partner organizations such as the Carpinteria Unified School District and the Santa Barbara County Public Health:

Carpinteria Health Care Center. The FRC staff includes two directors, two Family Liaisons and one Community Liaison. CCP's reputation as a central location for services and referrals make us the ideal navigator for connecting youth and families with 4 mental health and other services. lf funded by the City of Carpinteria and other funders, Carp Children's Project would receive and distribute all funds.

BUDGET
Most of the instructors & organizations are donating 20-40o/o or more of their services and requesting a smaller fee for their planning & teaching of the classes. Some of the materials and supplies are also being donated. This is not being calculated into the budget.

Therapists (2 full-time therapists for 6 weeks, serving about 28 students) - $17,200 Classes
$4,935.00
excludes Parks & Rec offerings
Navigator/Family Resource Center =
$1,483.50
Sub-total -
$23,618.50
Additional Funders
-Many of the instructors are giving discount fees or not charging for their services and bringing supplies.
-AtoZ Cooking School is giving us a 60% discount on the cost of classes and providing all their own supplies & equipment.
-Pacific Pride is not charging any fees for the Hiking Class. -Carp Children's Project is also donating their fees of $1,483.50. -CUSD is providing the use of 2 classrooms for 6 weeks. -YouthWell will use social media to promote the classes. -Two private donations of $1,000. each
- Food donated by CCP partners
-HopeNet of Carpinteria is donating $ZSO. from unrestricted funds. -Carp Growers may donate $2-5,000 towards the project. (will know by late -Muy) Total Funding Requested: $1 9,885.00
(+ Parks & Rec. offerings, not included and excludes possible funds from Carp Growers which could be used to off-set costs.)
5 Funding for Parks & Recs classes have not been included. lf the Council is willing to provide some scholarships for swimming, other activities and family night swims that would be most appreciated.

A final schedule of classes, times, locations, protocols and the application form will be developed later this week. A name for the program is tentatively called "summer Student Wellness."

SUMMARY
The need to address mental health issues has been exacerbated during the pandemic and this is especially evident among teens who are more isolated than ever, along with normal age-related challenges and social pressures. This enrichment program provides therapeutic, creative and recreational outlets. lt seems like a small price to pay for helping our youth.

There is an abundance of desire to assist our community by the response of multiple public and private agencies, individuals and government agencies to donate a portion of their services, supplies, equipment and venues. Please consider funding this summer program for teens.
6 This ls What Teen Depression Looks Like by Elise Jamison, 18 yrs. old I want you to picture a person with depression, Are you seeing the dark bedroom, filthy sweatpants, empty eyes, poor health and general lack of prosperity?
You know what I see when I picture depression? A blonde, blue-eyed teenage girl, She gets awesome grades, loves to paint, go to football games, drink Starbucks, lnstagram and giggles with her friends, She can quote Harry Potter, obsesses over makeup tutorials and cannot wait for college, She looks back at me every morning in the mirror,
Since I was diagnosed with depression five years ago, I have noticed a lot of stigma surrounding it, Even the image that pops into view when depression is mentioned is an inaccurate generalization, Anyone can have depression
-
from celebrities, to hairstylists, to that guy next to you in algebra. lt isn't just the gloomy kids, This illness is pervasive and the amount of misconception is astounding, So I am going to share some of my experiences to help clear the air,
We live in a time that demands instant gratification, We have Nyquil, cough syrup and various other instant cures for our ailments. Unfortunately, antidepressants are not to depression as ibuprofen is to headaches.

Depression is often a long journey. Medication and therapy help, but do not make it disappear. The only "cure" is to accept depression and try to make positive, healthy choices, The worst part of a depressive episode is when someone asks questions like "Why?" "What happened?" or "Was someone mean to you?" Sometimes, there is an antecedent, but more often than not, depression just hits you. lt feels like riding a bike, and in the blink of an eye, you're trying to pedal through quicksand with no tires. Moreover, it is almost impossible to explain, so trying to answer these questions makes you feel like even more of a failure. lt can be frustrating as a friend or family member to read this -
advice is much
easier to give when there is a definitive issue at hand. The best thing you can do when you are trying to help someone with depression is to simply be there,
I have depression, but I am one of 16 million Americans with the same diagnosis, Depression does not make me unique. What makes me unique is the fact that I talk about it, lt took me four years to find a way to speak about my mental illness. The shame, weakness and hopelessness I feel when I am depressed are debilitating, These are not the kind of feelings I like to admit to having, but I know that I am not alone in my loneliness. There are millions of other people who feeljust like me, I want them to know they are not alone, so I speak up, lt may hurt to start the conversation, but in the end, the dark clouds overhead often lift.

The four things I would like you take away from this piece are the following:

1. There is no face of depression, lt impacts every race, religion, gender, socioeconomic group and geographical area,

2. Depression has no miracle medicine or quick fix.

3. lt is hard to explain depression, so it is best to just be there and not ask question.

4. Depression is painful to discuss, but it's beneficialto talk about it in the end.

The bottom line is that mental illness sucks, lt's not fun to deal with personally, or to watch someone else battle it, The best thing you can do for yourself, or anyone else with a mental illness is to speak. An open 7 dialogue is the only way that the stigma associates with mental illnesses can be eliminated p,s, lf you believe that you are suffering from depression, I encourage you to get help. Find a counselor, pastor, parent or friend and spill your guts. You might cry but talking about it can take away that clenched feeling in your chest that makes it hard to breathe.

Need help? ln the U.5., call 1-800-273-8255 for the Nationalsurbide Prevention Lifeline. And teens can a/so vlsrl wwr.teenlineonline.org, call: 310-8ss-407 or text IEEN fo 839g63. ln santa Barbara county, teens can get help 24/7 by catting sAFryj LBBB-3J4-2T12 The new hotline for suicide prevention 988 is scheduled to take effect nationally on July 1 ,2022, 8 BEACON

BEACH EROSION AUTHORITY FOR

CLEAN OCEANS AND

NOURISHMENT
TODAY 2100
“It is likely that at least 31% of
Southern California beaches will be
completely eroded by 2100 in the
absence of increased management
efforts.”
- -Vitousek, et. al., 2017
*“Vitousek, et. al., (2017), J. Geophys. Res. Earth Surf., 122, 782–806

WHO WE ARE WHAT WE DO

HOW WE DO IT WHY IT MATTERS
• California Joint Powers Authority
(JPA)
• Addressing coastal erosion of the
Ventura/Santa Barbara beaches
since 1986
• Actively working to protect our
coastline
• Develop nature-based solutions to
sustainably preserve our beaches
• Combining efficiencies, expertise,
and efforts
• Deliver maximum benefit at the best
cost
• Coastal beaches are huge economic
driver
• $17B in tourism revenue
• Could lose 1/3 of our beaches by
2100 if we do not take action
WHO WE ARE The BEACON Coast
8 Member Agencies:
• County of Santa
Barbara
• County of Ventura
• City of Carpinteria
• City of Goleta
• City of Oxnard
• City of Port Hueneme
• City of Santa Barbara
• City of Ventura

HOW WE ARE
ORGANIZED • BEACON Board
• Two Supervisors from each county
• One council person from each city
• Total of ten members within the Member agencies
• Executive Committee
• Provides the Board advice and recommendations on
programs and policy
• Science Advisory Committee
• Professional technical science advice to support
decision making
WHAT WE DO • Develop scientific and resilient solutions that preserve our beaches and our coast
• BEACON uses resources that nature already provides
(sediment and sand) to enhance natural conditions and
protect man-made infrastructure
• We create truly resilient and sustainable shorelines
through:
• Beach nourishment projects
• Beach and dune restoration projects
• Living shorelines projects
Surfer’s Point, Ventura

WHAT WE DO
BEACON’s long-term, comprehensive restoration projects
include:
• Goleta Beach Nourishment
• Goleta Bay Kelp Anchor Demonstration
• Carpinteria Beach Nourishment
• Surfer’s Point
• Mondo’s Cove Beach Access Stairway
• Hueneme Beach Nourishment
Surfer’s Point Project Rendering, Ventura

HOW WE DO IT
• Regional planning and cooperation within the 8 Member agencies
• Combining efficiencies, expertise, and effort to solve mutual problems
• Allows us to look at our coastal policies as a whole
• Understanding what is happening in one area and
how that affects the other
• Scientific committee gathers data and shares with
the Board
• Allows the Board to make shared decisions and
implement innovative projects based on science
• Regional cooperation has yielded grants and funding while increasing the visibility of BEACON
WHY IT MATTERS • Beaches have no boundaries!
• BEACON taking PROACTIVE steps
to ensure the viability of our
coastline
• BEACON is preparing our coastline
for sea-level rise, not just for
humans, but also for habitat and
wildlife
• The coastal region is a huge economic driver from ports to tourism
• The BEACON Coast belongs to us ALL
BEACON Coast
BEACON’S
IMPACT • BEACON’s greatest impact: regional planning and cooperation
• With emphasis on sea-level rise, state government
wants regional cooperation
• BEACON is a unique program using regional
cooperation to solve mutual problems on the
BEACON Coast
• If not for BEACON, how do we solve the problem of
losing 2/3 of our beaches by 2100?
EVERY

MOUNTAIN

WANTS TO

BECOME A
BEACH
• There are many manmade impediments
(highways and other
development) that have
stopped the natural
flow of sediment.
• BEACON is currently
working on several
projects that address
these impediments.
1 CARPINTERIA
PROJECTS: CARPINTERIA BEACH NOURISHMENT
• Carpinteria Beach is severely eroded
• Demonstrates regional beach erosion
• BEACON is embracing nature-based solutions and
reestablishing the water sheds.

Beach Nourishment After Beach Nourishment
2 PROJECTS: COASTAL REGIONAL SEDIMENT MANAGEMENT PLAN
• Sediment plan is outdated
• Need updated science, especially on sea-level rise and climate change • Working on updating the plan with more current data

BEACON COAST
BEACON:

FINANCIALS

LEVERAGING FINANCIAL RESOURCES
• Between 2018 and 2021, BEACON staff raised
$944,646.

GROWING FINANCIAL

RESOURCES
• BEACON regularly
supports funding for
important partner
projects addressing local
and regional needs.

THANK YOU
• Supervisor Gregg Hart
• Chair, BEACON Board
• County of Santa Barbara
• Contact: [email protected]
• Marc Beyeler
• Executive Director, BEACON
• Contact: [email protected]

Highway 101: Carpinteria to Santa Barbara
• significant part of the overall “lane & train” solution • addresses traffic congestion
• adds new peak-period, carpool lanes
• improves freeway operations & safety
3 segments in construction: Carpinteria to Summerland

OVERVIEW

ROADWAY

IMPROVEMENTS

ROADWAY IMPROVEMENTS
6/9/20
Franklin and Santa Monica Creek Bridges

PROJECT PROGRESS
7/28/20 4/1/21
Franklin and Santa Monica Creek Bridges

PROJECT PROGRESS
9/14/21 9/28/21 5/2/22
Highway Lanes & Ramps

PROJECT PROGRESS
2/17/21 3/2/21 3/9/21
Highway Lanes & Ramps

PROJECT PROGRESS
8/18/21 9/14/21
4/26/22
Sound Walls & Landscaping

PROJECT PROGRESS
8/31/21 10/4/21 3/ 29 /2 2
4/26/22
5/2/22
5/2/22
4/26/22

ROADWAY IMPROVEMENTS
Bridges & Roadway

PROJECT PROGRESS
9/28/21 10/11/21 4/26 /2 2

ROADWAY IMPROVEMENTS
Sheffield Drive Bridges & North Bound On-Ramp

PROJECT PROGRESS
6/21/21 4/26 /2 2
Evans Avenue & Wallace Avenue

PROJECT PROGRESS
10/11/21 3/1/22

EMAIL UPDATES

##t#ta a

A PROCLAMATION OF THE CARPINTERIA
CITY COUNCIL DESIGNATING MAY 2022 AS

COMMUNITY ACTION MONTH AND ON THE
occAstoM oF coMMUNtFy's 55rH

ANNIVERSARY
WHEREAS, CommUnify, is part of the nationwide Community Action Network has made impoftant contibutions fo individuals and families across fhe United States by creating economic oppoftunities and strengthening communities; and WHEREAS, CommUnrfy was incorporated in May 1967 as a private nonprofit organization devoted to creating opportunities for families to achieve economic stability asan essential aspect of enabling and enhancing a stronger and more resilient Santa Barbara County; and
WHEREAS, srnce its inception, CommUnify has continued to provide vital seruices for the most vulnerable members of our community, expand its programs, and add locations throughout Santa Barbara County to make assisfance available to all of our neighbors who might need it; and
WHEREAS, CommUnify serves thousands of low-income residents of all ages, offerc prenatalservices for pregnant women; high-quality childcare and preschool programs for children through age 5 and medical, dental, and mental health screenings; parenting education workshops; mentoing and tutoing programs for teens; job-training programs; home eneryy programs to reduce utility expenses,' weatheization seruices; and programs tokeep our seniors safe in their homes; and WHEREAS, CommUnify has improved countless fives and continues to work toward ending poverty in Carpinteria and the rest of Santa Barbara County; NOW, THEREFORE, l, WADE NOMURA, by virtue of the authority vested in me as Mayor of the City of Carpinteria, do hereby declare the month of May 2022 as Community Action Month and congratulate CommUnrfy on its milestone 5# anniversary, and thank its directors, board, staff, and volunteers for their much-appreciated contributions to the Santa Bahara community.

IN }//TNESS THEREOF, I have hereunto set my hand and caused the official seal of the City of Carpinteria, Califomia, to be affixed this gth day of May, 2022.

Wade T. Nomura, Mayor
City of Carpinteia
ATTEST:
.--\ \
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,. V'
v
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ir?
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Brian C. Baneft, CMC, City Clerk

PROCLAMATION

A PROCLAMATION OF THE CARPINTERIA CITY COUNCIL
DESIGNATING MAY 15 THROUGH 21, 2022, AS

NATIONAL PUBLIC WORKS WEEK

IN THE CITY OF CARPINTERIA
WHEREAS, National Public Works Week is an annual observance to celebrate the tens of thousands of individuals who work on public works including infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the health, safety, and quality of life all across North America; and WHEREAS, public works could not be provided without the dedicated efforts of those individuals, also known as public works personnel who are employees at all levels of government and the private sector, responsible for the planning, designing, constructing, operating, and maintaining of the nation’s transportation infrastructure (for example, streets, highways, bridges, railroads, transit systems, pipelines, canals, ports, and airports), public facilities (for example, government buildings, schools, and hospitals), public spaces (for example, squares, parks, and beaches), public services (for example, water treatment and distribution, wastewater collection and treatment, solid waste collection, street sweeping, and utilities), public resources and conservation (for example, energy, groundwater, and recycled water), and fleet and equipment (for example, law enforcement vehicles, fire apparatus, and government vehicles and equipment); and
WHEREAS, in 1960, the United States Senate adopted a resolution affirming the first National Public Works Week; and
WHEREAS, in 1962, President John F. Kennedy signed the Presidential Proclamation of National Public Works Week; and
WHEREAS, in 2003, President George W. Bush defined, through Homeland Security Presidential Directive 8 (HSPD-8), the term first responder to also include public works personnel; and
WHEREAS, as first responders in accordance with HSPD-8, public works personnel are those individuals who in the early stages of an incident are responsible for the protection and preservation of life, property, evidence, and environment; and WHEREAS, in November 2017, the Board of Directors of the American Public Works Association passed a motion to launch a campaign to promote public works personnel as first responders and approved the adoption of the Public Works First Responder symbol as shown herein:

Public Works First Responder Symbol
<White Words on Black Stripe>
<Orange Stripe>
<White Stripe>
<Orange Stripe>
<White Words on Black Stripe>
and
WHEREAS, on March 13, 2020, the Federal Emergency Management Agency declared an emergency disaster for California due to the COVID-19 pandemic (Federal Disaster No. EM-3428-CA); and
WHEREAS, on May 11, 2020, the Carpinteria City Council designated the Public Works First Responder symbol, as shown herein, as a permanent official City of Carpinteria symbol for City public works personnel in acknowledgement as a first responder to be affixed to City public works personnel uniforms, vehicles, and equipment; and WHEREAS, as first responders, City public works personnel were called upon to respond and continue to respond to the COVID-19 pandemic; and WHEREAS, the year 2022 marks the 62nd Anniversary of National Public Works Week and is sponsored by the American Public Works Association and Canadian Public Works Association; and
WHEREAS, it is in the public interest for the Carpinteria community to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works.

NOW, THEREFORE, BE IT PROCLAIMED, the Carpinteria City Council does hereby designate the week of May 15 through 21, 2022, as National Public Works Week in the City of Carpinteria.

IN WITNESS THEREOF, I have hereunto set my hand and caused the official seal of the City of Carpinteria, California, to be affixed this 9th day of May, 2022. ___________________________________
Wade T. Nomura, Mayor
City of Carpinteria
ATTEST:
______________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, April 25, 2022
In-Person and Virtual

CALL TO ORDER
Mayor Nomura called the meeting to order at 4:32 pm.

ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark (arrived at 4:38 pm)
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Brian C. Barrett, City Clerk
Laura Hernández, Human Resources/Risk Manager

PUBLIC COMMENT ON CLOSED SESSION MATTERS
There was no public comment.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Section 54956.9(d)(2): 1 Potential Case
Participants: City Manager Dave Durflinger, Human Resources/Risk Manager Laura Hernández, and Laura Kalty with Liebert Cassidy Whitmore.

TEMPORARY ADJOURNMENT TO CLOSED SESSION
Mayor Nomura temporarily adjourned to Closed Session at 4:33 pm.

CALL TO ORDER
Mayor Nomura called the meeting to order at 5:30 pm.

City Council Regular Meeting Minutes
April 25, 2022

Page 2 ends

ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Michael Ramirez, Assistant City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck acting as City Attorney of the City of
Carpinteria
Brian C. Barrett, City Clerk
John L. Ilasin, Public Works Director
Steve Goggia, Community Development Director
David Hernandez, Code Compliance Officer II
Jody Thomas, City Librarian
Jason Dane, Engineering Technician
Laura Hernández, Human Resources/Risk Manager

CLOSED SESSION REPORT
Legal Counsel Acos announced that there was no reportable action from the Closed Session.

PLEDGE OF ALLEGIANCE
Mayor Nomura led those present in the salute to the flag.

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS

2. Proclamation Honoring Sergeant Freddy Padilla on His Retirement from the Sheriff’s Office.

There was no public comment.

Motion by Councilmember Lee, seconded by Vice Mayor Clark, to approve the Proclamation Honoring Sergeant Freddy Padilla on His Retirement from the Sheriff’s Office. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
City Council Regular Meeting Minutes
April 25, 2022

Page 3 ends

ABSENT: None
ABSTAIN: None
The motion carried unanimously.

Mr. Padilla thanked the City Council. Mayor Nomura and the City Council presented the Proclamation to Mr. Padilla.

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Lieutenant Butch Arnoldi with the Santa Barbara County Sheriff’s Department provided an update on crime in the City.

CITY MANAGER’S REPORT
City Manager Durflinger reported that the Regional Chamber of Commerce is holding a State of the Community event on Wednesday, April 27th at the Hilton in Santa Barbara.

Councilmember Alarcon noted that Dia de Los Niños event by Artesania para la Familia would be held from 1:00 pm to 4:00 pm on April 30th at the Carpinteria Children’s Project.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Emails distributed: Russell Ruiz
Speakers in-person: Bryan Mootz, Kristina Calkins, and Connie Geston Mr. Mootz, President of Carpinteria Beautiful presented a $2,500 check to the City collected from donations for the City’s street tree program.

In response to Ms. Calkins and Ms. Geston’s comments, Councilmember Carty suggested a temporary location of displaying the artwork in one of the windows of the old Austen’s building.

Mayor Nomura suggested the Council direct staff to evaluate if the City could accept the artwork and determine a location to display it.

The Council gave consensus to have staff return to a future City Council meeting to accept and figure out the location to display the public art by Ms. Geston.

AGENDA MODIFICATIONS: NONE

CONSENT CALENDAR
There was no public comment.

City Council Regular Meeting Minutes
April 25, 2022

Page 4 ends

Motion by Councilmember Lee, seconded by Vice Mayor Clark, to approve the Consent Calendar Item Nos. 3 through 10.

Councilmember Clark noticed that the minutes of the special joint City Council, Planning Commission and Architectural Review Board meeting of March 30, 2022 (Agenda Item No. 4) did not mention that a couple of the members of the Architectural Review Board, Planning Commissioners, and City Council members discussed that recreation was an important aspect of past and current use of the project site.

Councilmember Lee amended the motion to approve the Consent Calendar Item Nos. 3 through 10 including the aforementioned addition to the minutes of the special joint City Council, Planning Commission and Architectural Review Board meeting of March 30, 2022 (Agenda Item No. 4). Vice Mayor Clark seconded the amended motion.

The roll call vote on the amended motion was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The amended motion carried unanimously.

3. Approve the minutes of the regular City Council meeting of March 28, 2022.

4. Approve the minutes of the special joint City Council, Planning Commission and Architectural Review Board meeting of March 30, 2022.

5. Approve the minutes of the regular City Council meeting of April 11, 2022.

6. Approve the minutes of the special joint City Council and Planning Commission meeting of April 18, 2022.

7. Receive and file the Expenditures for the period beginning April 2, 2022 and ending April 15, 2022.

8. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds.

9. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of March 22, 2022 through April 18, 2022.

10. Receive and file the Quarterly Review of Pension Stabilization Trust.

City Council Regular Meeting Minutes
April 25, 2022

Page 5 ends

ADMINISTRATIVE MATTERS:

11. Approval and Authorization to Execute a Mitigation Cooperative Agreement between the City of Carpinteria and the California Department of Transportation concerning the Former Whitney Property.

Recommendation: Authorize the City Manager to execute the Mitigation Cooperative Agreement with the California Department of Transportation for the Former Whitney Property.

Public Works Director Ilasin presented the staff report and PowerPoint presentation.

There was no public comment.

Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to approve and authorize the City Manager to execute the Mitigation Cooperative Agreement with the California Department of Transportation for the former Whitney Property. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

12. Report on Street Lighting District No. 1 for Fiscal Year 2022-2023.

Recommendation: 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.

City Clerk Barrett presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, 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. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice City Council Regular Meeting Minutes
April 25, 2022

Page 6 ends

Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

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

Recommendation: Adopt Resolution Nos. 6122 and 6123, acting to accept an 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.

City Clerk Barrett presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Vice Mayor Clark, 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. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

14. Report on Parking and Business Improvement Area Assessment District No. 4 for Fiscal Year 2022-23.

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 Improvement Area District No. 4 for Fiscal Year 2022-23 for public hearing at the regular City Council meeting of May 23, 2022.

City Clerk Barrett presented the staff report.

There was no public comment.

City Council Regular Meeting Minutes
April 25, 2022

Page 7 ends

Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, 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 Improvement Area District No. 4 for fiscal year 2022-23 for public hearing at the regular meeting of May 23, 2022. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

15. Report on Winter Protection Berm Assessment District No. 5 for Fiscal Year 2022-

23. 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.

City Clerk Barrett presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Carty, to adopt Resolution 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. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

PUBLIC HEARING: NONE
OTHER BUSINESS:

City Council Regular Meeting Minutes
April 25, 2022

Page 8 ends

16. 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.

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.

Assistant City Manager Ramirez presented the staff report.

Emails distributed: Rosalyn Kohute
Speakers in-person: Rosalyn Kohute and Roberta Lehtinen Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, 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 Gregg A. Carty and Roy Lee. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

17. Annual Report on efforts to assist people experiencing homelessness in Carpinteria and address issues related to homelessness in the community.

Recommendation: Receive the annual report concerning ongoing efforts to assist people experiencing homelessness and to address issues relating to homelessness in the community.

Community Development Director Goggia, Code Enforcement Officer II Hernandez, and Kimberly Albers with the County of Santa Barbara presented the staff report and PowerPoint presentation.

There was no public comment.

The Council discussed what the City could do to tackle the local homeless issue.

City Council Regular Meeting Minutes
April 25, 2022

Page 9 ends

City Manager Durflinger addressed that the City doesn’t have a homeless services program and works collaboratively with other agencies. He mentioned that the Safe Parking Program will be brought before the City Council. He observed that staff could return with options for a homeless services program and the initiation of a Council committee to bring stakeholders to the table and discuss the tailoring of the program for Carpinteria and how it would be funded. He noted; however, that something else on the Annual Work Plan would need to be dropped from the priority list to allow staff to work on this program. He said another option is for the Council to take this program up as part of the Annual Work Plan and see how the Safe Parking Program unfolds. He stated that short term solutions included meetings with City Net to create beds in local hotels which the City has funding for and coordinating with service providers.

Mayor Nomura recommended creating the Committee on Homelessness and the rest of the Council agreed.

City Manager Durflinger announced staff would bring back the matter for Council consideration and discuss Work Plan priorities.

Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to receive and file the report and request staff come back with a report on options on how to set up a Committee on Homelessness and how to initiate a homeless services program. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

18. 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.

Recommendation: (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. (2a) 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 (2b.) Authorize the City Manager to execute a Purchase Order with Westaire Heating and Air Conditioning, Inc. in City Council Regular Meeting Minutes
April 25, 2022

Page 10 ends

the amount not to exceed $42,550 to replace the HVAC in the community room and install a new HVAC in the main library.

City Librarian Thomas presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Vice Mayor Clark, to (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. (2a) 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 (2b.) Authorize the City Manager to execute a Purchase Order with Westaire Heating and Air Conditioning, Inc. 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. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

19. 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.

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.

Engineering Technician Dane presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, to approve and adopt Urgency Ordinance No. 754, as read by title only. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice City Council Regular Meeting Minutes
April 25, 2022

Page 11 ends

Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

20. City of Carpinteria 2021 Total Compensation Study Report, including consultant salary range recommendations.

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

Human Resources/Risk Manager Hernández, City Manager Durflinger and Suzanne Ansari and Igor Shegolev with CPS HR Consulting presented the staff report and PowerPoint presentation.

Councilmember Alarcon left the dais at 7:46 pm and returned at 7:49 pm.

Councilmember Lee left the dais at 8:01 pm and returned at 8:02 pm.

Vice Mayor Clark left the dais at 8:03 pm and returned at 8:06 pm.

Speakers in-person: Laura Robinson with Service Employees International Union Motion by Councilmember Lee, seconded by Councilmember Carty, to receive and file the attached City of Carpinteria 2021 Total Compensation Study Report and direct staff to bring back a future agenda matter with appropriate actions for implementation. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.

LEGISLATIVE UPDATE:

City Manager Durflinger reported on pending bills from the League of California Cities and asked the Council which bills the Council would like to have placed on a future Council agenda to take a position.

Vice Mayor Clark requested more information on AB 2097.

City Council Regular Meeting Minutes
April 25, 2022

Page 12 ends

Mayor Nomura acknowledged he could reach out to the League of California Cities to get a briefing on the pending bills.

Councilmember Carty asked about the petition to repeal Prop 19.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Carty reported on the Economic Vitality Committee meeting where a proposed Carpinteria business recovery workshop was discussed with the Santa Barbara South Coast Chamber of Commerce.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the regular City Council meeting of May 9th.

City Manager Durflinger inquired if Councilmembers would be available for a special City Council meeting regarding the Rincon Trail on May 16th at 5:30 pm. All Councilmembers responded affirmatively.

ADJOURNMENT
Mayor Nomura adjourned the meeting at 8:29 pm in honor of Daphne Carty, mother of Councilmember Gregg A. Carty who passed away today.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
Courucru Aceuoa Srarr Reponr
May 09,2022

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning April 16, 2022 and ending April 29,2022

STAFF MENDATION
That the City Council accept this report concerning the current list of warrants pursuant to Carpinteria Municipal Code 2.08.150(F).

DISCUSSION
As part of each regular City Council agenda, a list of all checks (attached) dispersed since the last reporting period is presented to the City Council pursuant to C.M.C.

2.08.150(F). The report is provided for City Council and public information and serves as Staffs verification that the expenditures have been reviewed and are within budgeted appropriations.

FINANCIAL CONSI DERATIONS
The warrant register included as an attachment is designed to communicate fiscal activity since the prior reporting period. No action is requested as part of this report

ATTACHMENTS
Attachment A: Warrant Register for the period beginning April 16,2022 and ending April 29, 2022.

Warrant Register
May 09,2022
Page#2
Staff contact: Alexiss Martinez, Accounting Tech
(805) 7 55-4422, AlexissM@ci. ca rpinteria. ca. us
Staff contact: Licette Maldonado, Admin Services Dir
(805) 7 55-4448, LicetteM@ci. carpinteria. ca. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. us
fo, L,le*+e^
r..r-o-\)JG :\Ad m i n Services\Staff Repo rt\Staff Report AP. docx Warrant Register
Carpinteria, CA
Date Range: 04/16/2022 - 04/29/2022
Vendor Number
Payable fl
Bank Code: AP Bank-AP Bank
r NV0003578
N!-49_0-3576
312e122
28569
Vendor Name
Payable Type Post Date

LICETTE MALDONADO
lnvoice 0412I/2022
04/2L/2022

ALICE WISSING
lnvoice 04/2f/2022

ANIMAL MEDICAL CLINIC
lnvoice 04/21./2022
lnvoice 04/27/2022
lnvoice 04/2L/2022

AT&T MOBILITY
invoice 04/2L/2022

BENGAL ENGINEERING
lnvoice 04/2112022

BUENA VENTURA SWIM CLUB
lnvoice 04/2U2022

BUENA VENTURA SWIM CLUB
C3 INTELLIGENCE, INC
lnvoice 04/2r/2022

CARPINTERIA VALLEY LUMBER CO
lnvoice 04/2L/2o22
lnvoice 04/2I/2022
lnvoice 04/2112022
lnvoice 04/2t/2022
lnvoice 04/27/2022
lnvoice 04/2t/2022
lnvoice 04/27/2022
lnvoice 04121.12022
lnvoice 04/27/2022
lnvoice 04/2I/2022
lnvoice 04/21./2022
lnvoice 04/27/2022
lnvoice 04/21./2022
lnvoice 04/2L/2022
lnvoice 04/2L/2022
tnvoice 04/2L/2022
lnvoice 04/2112022
lnvoice 04/2L/2022
tnvoice 04/2L/2022
lnvoice 0412112022
lnvoice 04/2I/2022
lnvoice 04/2L/2022
lnvoice 0412L/2022
lnvoice 0412L/2022
tnvoice 04/2L/2022
lnvoice 04/2112022
lnvoice O4/2t/2022
lnvoice 04/21"12022
lnvoice 04/27/2022
lnvoice 04/2L/2022
lnvoice 04/21/2022
lnvoice 0412U2022
lnvoice 04121./2022
lnvoice 04/2U2022
lnvoice 04/2L/2o22
Payment Date Payment Type
Payable Description
04/2I/2022 Regular
TRAVEL REIIVIBURSEMENT FOR CSMFO CONFERENCE FEB22
04/2L/2022 Regular
FUEL REIMBURSEMENT FOR JG EVENI 07/23/2I
04/21./2022 Regular
MINUTES FOR PLANNING COMMISSION O3/07l22
04/21./2022 Regular
MAR22 DOG LICENSING ISSUANCE
MAR22 CONTRACTED VET SERVICES
MAR22 EMERGENCY OUT OF CONTRACT VET SERVICES
04/2U2022 Regular
CITY HALL MONTHLY PHONE BILL-MARCH 2022
04/2I/2022 Regular
DESIGN SERVICES FOR RINCON TRAIL THROUGH 02/28/22
04/2I/2022 Regular
4/23/22'WtM MEET ENTRY FEES
04/27/2022 Regular
04/2L12022 Regular
APR22 NEW EMPLOYEE BACKGROUND CHECKS-EC, AP, KH, M
o4/2L/2A22 Regular

WASHERS & MISC HARDWARE
TARP

CONCRETE MIX

MISC HARDWARE, POLY FAUCET
WOODEN STAKES FOR 7TH ST SIDEWALK

LITE SENSOR, HOSE CAPS

BATTERY, MAXSTRAPS TIE DOWN
PAINT THINNER, 32PC BIT SET IMPACT

DIM LIGHT, DIM LED LIGHT

WOODEN STAKES FOR MALIBU ST SIDEWALK

MISC HARDWARE, STRAP, LUBRICANT
5 POCKET CEtt PHONE HOLDER FOR MG

WOODEN FOR VIA REAL SIGN REPLACEMENT

PRUNING MATERIALS FOR TOMOL PARK

HOSE FOR POOL

GORILLA TAPE, OXIDE, FELT PAD, VELCRO STRAP, WINDOW

CONCRETE MIX

MENDER AND COUPLINGS PARTS

PLANT & VEGTABLE SEEDS FOR GARDEN

MISC HARDWARE FOR ASH AVE LIGHT REPAIR
IV]ISC HARDWARE FOR AsH AVE BEACH PARKING LIGHT

CONCRETE IVIIX FOR CREEK PARK SIDEWALK REPAIR

TARP, BRAIDED NYLON

TARP, BATTERY

MARKER FOR PW
EPOXY

SCREWS AND FIXPINS FOR VETS HALL

PAINT FOR VETS HALL

EPOXY FOR SIGN REPLACEMENT WORK

EPOXY FOR ROW SIGN REPLACEMENT WORK

BLUE MASKING TAPE, GALV NIPPLES

WIRENUTS FOR ASH AVE BEACH LIGHTS

TARP FOR SHOP
Payment Amount Number
216.45 101082
100.00 101083
240.00 101084
1,400.00 101085
1,s6s.00 101086
476.07 101087
33,474.35 101088
314.00 101089
(314.00) 101089
498.10 101090
150.00 101091
r,628.25 101092

ALI HAMADI
I nvoice
ALL LANGUAGES INTERPRETING & TRANSLATING lNC. 04/27/2022 Regular lnvoice 04/27/2022 2 SPANISH INTERPRETERS FOR COUNCIL MEETING 3/28 28210_1q968A3X04 l!2922
4760
I NV0003574
211r1
zs.0013424
30!489
084e2
308497
4l9as9
4lsa1l
478,055
410919
421Q8!
411159

47.!245
41!29.5
{21-30!
411305.
4lr80a
47-1.8-Q8
47t3j9.
412?33
4J?tre-/,
412595
+12585
4125\0,
uLsls

47.3Q! t
4131._?_A
4 3231
4132+Q
423538
.u360q
4:l-3,608
473$q
474p!8
+7:12.05
+1!2,3L
4,/L3L6
41_9.3_ 1.3
4144a6
t.l16s5
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CALIFORNIASOCIETYOF MUNICIPALFINANCEOFFICERS O4/2L/2022 REgUIAT lnvoice 04/2I/2022 |V1AY22 PT 2 CA LOCAL BUDGETING SEMINAR FOR J.T * *Void* * 04/2L/2O22 Regular 101093
CARP CITY MAR22 SERVICE
tNV0003572
r*void* *

CARPINTERIA VALLEY WATER DISTRICT
lnvoice 04/27/2022

CLAUDIA RAMOS
lnvoice 04/2L/2022

COASTAL VIEW NEWS
lnvoice 04/2L12O22
lnvoice 04/2L/2022
lnvoice 04/21./2022
04/2!2022 Regular
04/2U2022 Regular
MAR22- WATER FOR MULTIPLE ADDRESSES
04/2112022 Regular
VETS HALL EVENT O4l02l22 DEPOSIT REFUND
04/2L/2022 Regular
couNcilL PUBLTC HEARTNG NOTTCE 3/28
suMMARY OF PROPOSED ORDTNANCE NO. 752 3/28
SUMMARY OF PROPOSED ORDTNANCE NO. 7s3 3/28
APR22 001 3011 028450702
136001
72t8
3102
312r
APR22 805-684-7613-042205-5

CORMAC O'BRIEN DBA SOUTH COAST
lnvoice 0412L/2022
lnvoice 04/21./2022

COX BUSINESS
lnvoice 04/2L/2022

DATA TICKET INC
lnvoice 04/2U2022

EASY LIFT TRANSPORTATION
lnvoice 04/2I/2022

ENERSPECT MEDICAL SOLUTIONS
lnvoice 04/2L/2022

EVERYWHERE RIGHT NOW
lnvoice 04/27120?'2
lnvoice 04/28/2022
lnvoice 04/2t/2O22

FRONTIER COMMUNICATIONS
lnvoice 04/27/2022

GEOSYNTEC CONSULTANTS
lnvoice 04/20/2022
lnvoice 04/27/2022

GOLD COAST WATER POLO CLUB
lnvoice 04/2L/2022

GRAINGER
lnvoice 04/2t/2022
lnvoice 04/21/2022
lnvoice 0412712022
lnvoice 04/21./2022
lnvoice 04/2L/2022
lnvoice 04/2r/2022
lnvoice 04/21./2022
lnvoice 04/27/2022
lnvoice 04/2L/2022
lnvoice 0412I/2022
lnvoice 04/21./2022
lnvoice 04/2712022
lnvoice 04/2L/2022
lnvoice 04/2I/2022
lnvoice 04/2U2022

GRANICUS
lnvoice 04/21/2022

ID WORKS LLC
lnvoice 04/2I/2022

LARRY NIMMER
lnvoice 0412I/2022

LINCOLN AQUATICS
lnvoice 04127/2022

MCCORMIX CORP
lnvoice 0412L/2022

MISSION UNIFORM SERVICE
lnvoice 0412I/2022
lnvoice 0412L/2022
lnvoice 04/2712022
lnvoice 04/21./2022

MNS ENGINEERS INC
lnvoice 04/2112022
16,883.64
101094
101095
288.7s 101096
L,376.00 101097
2320.00 101098
135.99 101099
200.00 101100
1,000.00 101101

80.90 101102
s,642.50 101L03
L44.45 101104
8,673.53 10110s
64s.00 101L06
5,469.40 101107
11,603.45 101108
736.24 101109
900.00 101110
287.60 101111
273.79 L01772
223.02 10r.1r.3
_13
1,4
58173
58189
58190
467093
4671,10
ANALYTICS INC 04/21/2022 Regular
RAPt D COVTD TESTING 04 /04 /2022
RAPTD COVTD TESTTNG 04111/2022
915
3108
04/21/2022 Regular
APR22-VETS HALL INTERNET SERVICE
04/21/2022 Regular
FEBRUARY 2022-ONLINE ACCESS TO CITATION PROCESSING
0412L/2022 Regular
APR22 COMMUNITY TRANSPORTATION SERVICES
04/2I/2022 Regular

ADULT DEFIBRULATION PADS
0412L/2O22 Regular
MAR22 WEBSITE DEVELOPMENT FOR CIry WEBSITE
MAR22 WEBSITE DEVE!OPMENT FOR CIry WEBSITE
MAR22 WEBSITE PROGRAMMING FOR LIBRARY
04/2L12O22 Regular
PHONE & INTERNET SERVICES FOR tG TOWER & BOATHOUSE
04/27/2022 Regular
cARP VrA REAL DESTGN SERVtCES THROUGH02/28/22
cARP VrA REAL DESTGN SERVtCES THROUGH 02/28/22
04/2112022 Regular

VC YOUTH WATER POLO ENTRY FEES
04/2L12022 Regular

WRENCH FOR POOL

BRUSH AND LEAD FOR POOL

SCREWDRIVER FOR PW SHOP

GRAFFITI REMOVER, HAND TOWELS

LED BULBS
LAMPS

COAT HOOK, BUMPER, SCREW REMOVER SCREWDRIVERS

BRUSH AND LEAD FOR SHOP

VALVES FOR POOL ACID PUMP

LED BULBS

LED BULBS DOWNTOWN T

LED BULBS

FLAT SCREWS FOR STREET LIGHTS
04/2L12022 Regular

GOVT TRANSPARENCY HARDWARE
04/21/2022 Regular

PUBTIC WORKS UNIFORM HATS
0412t/2022 Regular

VIDEO PRODUCTION FOR COMMUNITY AWARDS BANQUET
04/2L/2022 Regular

REPLACEMENT MEGAPHONES FOR JG PROGRAM
04/21./2022 Regular
FUEL FOR CIry VEHICLES
04/2I/2022 Regular
MAT & TOWEL REPTACEMENT AT CIry HALL O3l21
MAT & TOWEL REPLACEMENT AT CITY HALL 03/28

MAT & TOWEL REPLACEMENT, UNIFORM CLEANING

MAT & TOWEL REPLACEMENT AT CITY HALL
04/21/2022 Regular
MAR22 PROJ OVERSIGHT SERVICES FOR HWY 101 PHASE 4
I NV0003573
9201563385
9204123390
9229534970
9233429175
924041.8132
9242892801,
9245194167
925?5e51€7
9254029300
941412721
9259A58812
925905882s
92s9s424ss
9259921048
9265118845
150098
oEH 32980
031,622
29055431
991713
516687685
5'LEZ3-1823
516714j82
y16774593
80147
840.00 r0rLr4
6603 100030001
6603100038201
00767995
22041,37
APR22 7900 0110 3770 5400
39666
0s/07l2022 su95EEIPrLQN
116236873-001
116438634-001
116798010-001
71,6822847-001.
116905332-001
1 16915057,001
116986969-001
117086428-001
_1_12152481-OQl
r1,131,7643-00r

PERMACOLOR INC
lnvoice 04/2112022

QUADIENT FINANCE USA INC
lnvoice 04/21.12022

ROCKWELL PRINTING
lnvoice 04/27/2022

SANTA BARBARA NEWS PRESS
lnvoice 04/2112022

SITEONE TANDSCAPE SUPPLY (ALL AROUND)
lnvoice 04/2f/2022
lnvoice 04/27/2022
lnvoice 04/2t/2022
lnvoice 04127/2022
lnvoice 04/21,/2022
lnvoice 04127/2022
lnvoice 04/2il2022
lnvoice 04/2U2022
lnvoice 0412112022
lnvoice 04/2U2O22
1,594.58 101115
3,815.00 101116
143.34 101117
23r.94 101.118
233.2s 101119
1,466.13 1.01120
T32.48 LOLL?T

15.76 r0tt22
1,057.00 101123
2,400.00 t0tt24
475.78 r0rr25
173.12 101L26
7,937.25 L0Lr27
4,880.00 101128
s39.20 101129
5,550.00 101130
L74.42 101131
22,500.00 10Lr32
4S.aZ 1.01133
101134
101135
101136
1011.37
101138

SMART & FINAL
lnvoice
lnvoice
04/2u2022
04/21.12022

MOFFATT & NICHOL
lnvoice 04/2112022
0412L/2O22 Regular
FEB22 PROJECT MANAGEMENT FOR DUNE & SHORELINE PROJ
04/2L/2O22 Regular

SANDBLASTING, PRIMING, COLOR COATING AT CARP AVE
04/2L/2O22 Regular
POSTAGE FOR CrrY HALL 04/0s
04/2L/2022 Regular
SELF.INKING STAMOS, CITY CERT STAMP
04/2L/2022 Regular
NEWSPAPER SUBSCRIPTION FOR YEAR OF 2022
04/21/2022 Regular

COUPLING SOCKETS

ROOT BARRIER POLYETHYLENE

MULCH FOR LIBRARY

SUPER TREE TIE

ROOT BARRIER POLYETHYLENE

PVC SOCKET AND CAP

EPOXY REPAIR PUTTY

SUPER TREE TIE, ROOT BARRIER POLYETHYLENE
SAFEW GLASSES FOR T.G.
0412L/2O22 Regular

CANDY FOR RESALE AT POOL

LUNCH FOR EMPLOYEES
04/2L/2022 Regular
ELECTRICITY.4683 9TH ST
04/2L/2022 Resular

ANNUAL REPORT PREP & CALRECYCLE GRANT REPORT
0412112022 Regular
FE822 COVID-19 CHANGEABLE MESSAGE SIGN RENTAL
04/2t/2022 Regular
SAFETY JACKET AND MATERIAL FOR R.A,
SAFETY EQUIPMENT FOR D.H.

SAFETY EQUIPMENT FOR D,H.
04/27/2022 Regular
MAR22 WEST INFORMATION CHARGES
04/2L/2022 Regular
MAR22 PARKLET PERMIT PROGRAM
MAR22 CITY TRAFFIC ENGINEERING STAFF AUGMENTATION
MAR22 CIry TRAFFIC ENGINEERING STAFF AUGMENTATION
04/2L/2022 Regular
TRUNK INJECTION TREATMENT AT 8TH STREET
TRUNK INJECTION AT 1443 STERLING AVE
CATERPILLAR PREVENTION AT 5290 OGAN RD
04/21/2022 Regular

COLOR SCANNING, DEBIND REBIND, PDF EXT, FILE RENAM

SMALL FORMAT SCANNINNG, FILE RENAME

COLOR A, EDGEBIND, HOPE RANCH GOLETA

LARGE FORMAT SCANNING, PDF EXTRACT

MONOCHROME BOND, HAND FOLDING, HOPE RANCH GOLETA

COLOR SCANNING, SMALL FORM, PDF EXT, FILE RENAME
04/2L/2022 Regular
MAR22 COMMUNICATIONS SERVICES
04/2r/2022 Regular
Fy2r./22 COMMUNTTY SVCS SUppORT GRANT
04/2r/2022 Regular
FUEL REIMBURSEMENT FOR JG EVENT 07/22127
188
APR22 700414689651,
03020312
846106413
3Eq3i-i59
38830160
38830161
155310
1ss3 1Z
1,5647 7
1s6550
156-013
156650
!14
320220151,
,DrB2q4!7!1
I NV0003577

SO CA EDISON
lnvoice 04/2U2O22

SOLID WASTE SOLUTIONS INC
lnvoice 04/21./2022
STATEWIDE SAFEry & SIGNS INC
lnvoice 04/2!/2022
04/21./2022
04/2r/2022
04/27/2022

THOMSON REUTERS
lnvoice 04/2L/2022
04/27/2022
04/21./2022
04/2u2O22
0412u2022
04/21.12022
04/2712022
TRI.CO REPROGRAPHICS
lnvoice 0412U2022
lnvoice 04/2t12O22
lnvoice 04/2f12022
lnvoice 04/2I/2022
lnvoice 04/2t/2022
lnvoice 0412L12022

TWO TRUMPETS COMMUNICATIONS
lnvoice 0412L/2022

UNITED BOYS & GIRTS CLUBS
lnvoice 04/2L/2022

YTXZAE ENRIQUEZ
lnvoice
* Nvoid**
* *Void* *
* rvoid* *
* *Void* *
**void**
300422
324069
324072

THE WHARF
lnvoice
lnvoice
lnvoice
1060
1061
to62

TKM ENGINEERING
lnvoice
lnvoice
lnvoice

TREESCAPES
lnvoice
lnvoice
lnvoice
UNDERGROUNDSERVICEALERTOFSOUTHERNCALIFORI O4/2t/2022 ReSuIaT lnvoice 04/2I/2022 APR22 NEW TICKET CHARGES & DATABASE MAINTENANCE lnvoice 04/21./2022 APR22 CA STATE FEE FOR REGULATORY COSTS 04/2L/2022
04/2L/2022
04/2L/2022
04/2L/2022
04/2r/2022
1NV0003tr75 04/2L/2022
Regular
Regular
Regular
Regular
Regular
tNV0003554
r NV0003s55
r NV0003556
rNV0003562
rNV0003563
rNV0003574
AqQ28!Z
22170
28607
598321
200013033
28401730
100349
coAsT GLASS CO.
lnvoice
**Void**
SEIU LOCAL 620
lnvoice 04/2L/2022

UNITED WAY OF SANTA BARBARA COUNTY
lnvoice 04/21/2022
VANTAGEPOINT TRANSFER AGENTS .457
lnvoice 04/2I/2022
lnvoice 04/27/2022
lnvoice 04/2L12022

BUENA VENTURA SWIM CLUB
lnvoice 04/2t12022

ABBEY'S CARPET CITY & FLOORING
lnvoice 04/2812022

AG ENT INC
lnvoice 04/28/2022

BIG GREEN CLEANING COMPANY
lnvoice 04/28/2022

CANON FINANCIAL SERVICES, INC
lnvoice 04/28/2022
04/2I/2022 Regular
O4/2f/2O22 Regular
Employee Union Dues Contribution
04/2L/2022 Regular
Employee United Way Contribution
04/21/2022 Regular
ICMA Employee Contributions
ICMA Employee Contributions
Deferred Compensation Contribution
04/2L/2022 Regular
4/23122SWIM MEET ENTRY FEES
04/28/2022 Regular

REPLACEMENT TILE ON FLOOR AT POOL
04/28/2022 Regular

TEST FEBCO AT LINDEN & CARP AVE BF
04/28/2022 Regular
FEB22 EMERGENCY CLEANUP AT CASITAS PASS RD BUS STO
04/2812022 Regular
CANON 5760 & CANON 6275 PRINTERS AT C.H. LEASE
04/28/2022 Regular

CARPET INSTALLATION AT LIBRARY
04/28/2022 Regular

MOBILE HOME PK RENT STABILIZTN BOARD MTNG NOTICE
HHWD DtSpLAy ADVERTTSTNG 04/07122
2022 PAVEMENT MAINTENANCE PROI LEGAL NOTICES
NOTICE OF ADOPTED ORDINANCE NO. 752
NOTICE OF ADOPTED ORDINANCE NO. 753
04/28/2022 Regular
MAR22 PROJECT SERVICES FOR CARP AVE BRIDGE PROJECT
04/28/2022 Regular
MAR22 ENVIRONMENTAL SERVICES FOR RINCON MULTI-USE
04128/2022 Regular

DISASTER DEBRIS PLAN RESEARCH & REPORTING
0412812022 Re8ular

NEW ACCOUNTS PROCESSED, STR FEE
04/28/2022 Regular

SCREWDRIVER/NUT DRIVER, EPOXY CARTRIDGE

RAKE, DEEP SOCKETS
04/28/2022 Regular
MAR22 PRO.JECT MANAGEMENT FOR DUNE & SHORELINE PROJ
04/2812022 Regular
MAR22 OIL & GAS ON CALL ENVIRONMENTAI SERV
247.88
101139
10L140

24.OO 101141
4,592.8L L0t142
314.00 101r.43
4,354.52 r0tt44

75.00 L01L45
700.00 101146
135.00 L07r47
150.00 101r.48
r,249.52 101149
6,832.65 1011s0
I,279.00 101151
L,322.05 I0LL52
2,84s.99 101153
245.00 10LL54
229.63 10115s
465.74 101156
390.42 r.0r.157
2,5s1.30 101158
1s,660.00 101159
r.,846.90 101160
2,370.00 101161
29,92t.00 707162
6,000.00 101163
124,477.94 101.164
Att LANGUAGES INTERPRETING & TRANSLATTNG tNC. 04/28/2022 Regular lnvoice 04/28/2022 2 SPANISH INTERPRETERS FOR COUNCTL MEETTNG 4/11122 CALIFORNIASOCIETYOFMUNICIPALFINANCEOFFICERS 04/2812022 Regular lnvoice 04/28/2022 MAYI?PT 2 CA LOCAL BUDGETTNG SEMTNAR FOR N.A 582r.5
5&431
58261
58262
58263
04/2812022

COASTAL VIEW NEWS
lnvoice 04/28/2022
lnvoice 04/2812022
lnvoice 04/28/2022
lnvoice 04/28/2022
lnvoice 04/28/2022
DEWBERRY ENGINEERS INC.
lnvoice 04/2812022
DUDEK
lnvoice 04/28/2022

HAMNER, JEWELL & ASSOCIATES
lnvoice 04/28/2022

HDL SOFTWARE, LLC
lnvoice 04/28/2022

HOME DEPOT CREDIT SERVICES
lnvoice 04/28/2022
lnvoice 04/28/2022

MOFFATT & NICHOL
lnvoice 04/2812022

MRS ENVIRONMENTAL, INC
lnvoice 04128/2022
00768641
6n!:2p22.02
I'rv0!Q57.9
402607
cocARP 042222,01
2067-PA
v!51
59s00
59635
7090244
9UA!7
COUNTY SANITATION COMPANY, I NC. STEWART'S & SELI 04/2812022 Regular lnvoice 04/28/2022 FEB22 FIX COPPER P|PE AT POOL
lnvoice 04/28/2022 FEB22 REPATR tRRtGATtON L|NE AT 5700 VtA REAL lnvoice 04/28/2022 MAR22 INSPECTED GAS LTNES CtTy HALL
2rQ4945
2022021-L9
291e45
st N016135
PLANNING & DEVELOPMENT-COUNTY OF SANTA SARSA| 04/28/2022 Regutar lnvoice 04/28/2022 MAR22 COUNTY PLANN|NG CHECKS FOR RTNCON MULTTUSE POLICORE lNC. 04/28/2022 ReBular
lnvoice 04/28/2022 ITSERVTCES FOR MARCH 2022
PRECISION CONCRETE CUTTING 04/28/2022 Regutar
lnvoice 04/28/2022 SIDEWALK REPATRS AT MULTIPLE LOCATTONS PROTECTIVE WEATHER STRUCTURES 04/28/2022 Regular
lnvoice 04/28/2022 ENGINEERTNG SERVTCES FOR Ctry HALLANNEX BU|LD|NG QUINN COMPANY 04128/2022 Regutar
lnvoice 04/2812022 BACKHOE EQU|PMENT FOR pUBLtC WORKS
ROCKWELL PRINTING 04/28/2022 Regular
G29310!1
168.34 1011.6s
39515
39709
lnvoice
lnvoice
04/28/2022
04/28/2022

SANTA BARBARA COUNTY, SHERIFF'S DEPT
lnvoice 04/28/2022

SO CA EDISON
lnvoice 04/2812022

SWEEPING CORP OF AMERICA
lnvoice 04/28/2022
SWRCB
lnvoice 04/28/2022

THE STORAGE PLACE
lnvoice 04/2812022

TRAFFIC TECHNOLOGIES LLC
lnvoice 04/28/2022
lnvoice 04/28/2022
lnvoice 04/28/2022
lnvoice 04/2612022
lnvoice 04/28/2022
lnvoice 04/28/2022

VIDIFLO, LLC
lnvoice 04/2812022
WESTAIRE HEATING & CONDITIONING, INC.
lnvoice 04/2812022
lnvoice 04/28/2022
lnvoice 04128/2022

WEX BANK (CHEVRON)
lnvoice 04/2812022

WOOD ENVIRONMENT & INFRASTRUCTURE
lnvoice 04/28/2022

ZWORLD GIS
lnvoice 04/2812022
CaIPERS
lnvoice 0412t/2022
CalPERs
lnvoice 04/2t12022

INTERNAL REVENUE SERVICE
lnvoice 04/2U2O22

INTERNAL REVENUE SERVICE
lnvoice 04/21/2022

EDD-SDI
lnvoice 04/2L/2022

EDD-SIT
lnvoice 0412L/2O22

EDD-SIT
lnvoice 0412112022

BUSINESS CARDS FOR JT, ENGRAVED NAMEPLATES FOR BB
ENGRAVED NAMEPLATE FOR L.S.
04/28/2022 Regular
MAR22 CONTRACTED tAW ENFORCEMENT SERVICES
04/28/2022 Regular
ELECRICITY-5145 CARPI NTERIA AVE
04128/2022 Regular
2 MONTHS OF STREET SWEEPING SERVICES
04128/2022 Regular

STATE WATER RESOURCES BOARD ANNUAL PERMIT FEE
04/28/2022 Regular
uNrr 090s RENT 0s/2312022-06/22/2022
04/28/2022 Regular

SPRAY CAN, MEASURING WHEEL

SPRAY CAN, WHITE MARKING PAINT
36X36 STGNS, 12X36 SrGN

ORANGE POST, SPRAY CAN, WHITE PAINT

ENGINEER GRADE SIGNS

ENGINEER GRADE SIGNS
04/28/2022 Regular
APR22 GATV SYSTEM MAINTENANCE
04/28/2022 Regular

SHERIFF OFFICE H-VAC REPAIRS/UPGRADE
COUNCIL CHAMBERS H.VAC REPAIRS/UPGRADE
REPLACED THERMOSTAT CITY HAtL
04/28/2022 Regular
APR22 FUEL CHARGES
SOLUTION 04/2812022 Regular
LOCAL HAZARD MITIGATION PLAN THROUGH 04/07/2022
04/2812022 Regular
MAPPTNG/GrS SERVTCES
04/21/2022 Bank Draft
cLASSTC RETTREMENT 04102/22-04/t5/22 PR08
04/2t12022 Bank Draft
PEPRA RETTREMENT 04/02/22-04115/22 PR08
04/2L12022 Bank Draft
PROS 04127122 FEDERAL TAX PAYMENT
04/21/2022 Bank Draft
pR0804121-/22 FEDERALTAXES pR COR. FOR E. CASTRO
04/2r/2022 Bank Draft
PR08 04/2r./22 SDr rAXES
04/2U2022 Bank Draft
PR08 04/2L122 Srr rAXES
04/2112022 Bank Draft
PRO804/2u22Str rAXES PR COR. FOR E. CASTRO
1429
MAR22 7001,63777874
68231VS
5W-0235824
E3]J'
381,861.00 101166

18.36 101167
15,580.00 101168
652.00 101169
390.00 L01170
5,2sL.94 101171
600.00 LoLt1z
1,100.65 L07r73
L,235.L7 L0LL74
8,784.00 101175
2,977,00 LOL176
15,509.02 DFT0002393
5,602.02 DFT0002394
L7,73r.ro DFT0002396
r.24 DFT0002397
r",s07.90 DFT0002399
s,423.26 DFT000240r.

0.46 DFT0002402
4027L
40273
40379
40431
40504
40506
t22042202
15840
18538
18539
80308354
558583252
2022-0228
04 / 02 / 22 -O4 | rs | 22 CLASSTC
04 /02 / 22-04 | 1.s122 PEPRA
PROA 04/2L/22
PR08 04/2!/22 EC
PROS 04/2r122
PR08 04/2L/22
PR08 04/2L/22 EC

C tv of Carpinteria
Cour.rcu- Aceruoa Srnrr Reponr
May 9,2022

ITEM FOR COUNCIL CONSIDERATION
Resolutions calling the November 8, 2022 General Municipal Election, requesting Consolidation of Election with County of Santa Barbara, and adopting regulations for Candidate Statements.

STAFF RECOMMENDATION
Adopt the attached three resolutions relating to the November 8,2022 election

1. Resolution No.6128, calling and giving notice of the November 8,2022 General Municipal Election; and

2. Resolution No.6129, requesting consolidation of the November 8,2022 General Municipal Election with the Statewide General Election; and

3. Resolution No.6130 adopting regulations for Candidate Statements.

Motion: I move to adopt Resolution No. 6128, calling and giving notice of the November 8,2022 election; Resolution No. 6129, requesting consolidation of the November 8, 2022 General Municipal Election with the Statewide General Election; and Resolution No. 6130 adopting regulations for Candidate Statements.

BACKGROUND
The City's General Municipal Election is held on the day of the Statewide General Election in November of each even numbered year. The November 2022 election will be the City's first district-based election and include an initiative measure in addition to the election of three members of the City Council.
ln November 2021, the proponents filed signatures gathered on the initiative petition with the City Clerk. On January 10, 2022, the City Council adopted Resolution No. 6081, accepting the City Clerk's Certificate of Sufficiency of the lnitiative petition. Also at the January 10,2022 Council meeting the City Council adopted Resolution Nos. 6092, 6093, 6094, and 6095, calling regular Municipal Election to be held on November General Municipal Election of City Council Candidates 2022 May 9,2022

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8,2022 for the submission of an lnitiative Measure, requesting consolidation from County Elections, setting priorities for filing written arguments regarding the lnitiative Measure, and providing for the filing of rebuttal arguments for an lnitiative Measure, respectively.
ln July 2017, the City received a Notice of Violation of California Voting Rights Act and the City Council adopted Resolution No. 5743, declaring its intention to transition from an at-large election system to a district-based election system by the November 2O2Z regular election. ln addition to adopting Resolution No. 5743, the Council executed a subsequent settlement agreement with the prospective plaintiffs who filed the Notice of Violation. The settlement agreement allowed the City to institute district elections by the November 2022 regular election in order to allow 2020 census data to be taken into account in drawing district boundaries.

The City previously held five required publicly noticed hearings of the City Council as part of the City's process for drawing City Council District Maps. On April 11, 2022 the City Council adopted Ordinance No. 752 which formally established district-based elections for Councilmembers and adopted the Council District Map (see Attachment A) and via adoption of Ordinance No. 753, the Council established the sequence of elections for Councilmember Districts. The adopted Council district map includes five districts with District Nos. 1, 3, and 5 up for election in November 2022 and District Nos. 2 and 4 up for election in November 2024 and alternating each even-numbered year.

The purpose of this agenda matter is for the Council to consider adoption of Resolution Nos. 6128,6129, and 6130, calling the November 8, 2022 General Municipal Election, requesting consolidation with the Statewide General Election, and adopting regulations for Candidate Statements, respectively, to elect three members of the City Council.

DISCUSSION
The November 8,2022 General Municipal Election will include the election of three members of the city Council representing council District Nos. 1, 3, and 5.

The California Elections Code establishes the procedure for consolidation in Sections 10400-1 0418. The procedure allows the City Council to request consolidation at the same time as the resolution calling the election is adopted. These resolutions authorize the agency conducting the election (County of Santa Barbara) to conduct the election on behalf of the City and to canvass the results. The Elections Code also requires the Council to adopt regulations for candidates for elective office pertaining to candidate statements.

POLICY
The City Council actions relating to municipal elections is consistent with the City's policies and procedures as well as state law for general law cities.

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FINANCIAL CONSIDERATIONS
The election costs by consolidating with the County are considerably less than they would be if the City held a "stand-alone" election,
The County Elections Department, prior to the November election, provides each consolidating City with the estimated cost for administering their election. The estimate included in the 2022-2023 fiscal year budget will be $25,000.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management issues identified at this time.

OPTIONS

1. Adopt the Resolutions as submitted;

2. Amend the Resolutions, provided all requirements of the Elections Code are met, and adopt the Resolutions as amended; or

3. Do not adopt the Resolutions and provide alternative direction to staff.

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

ATTACHMENTS
A. Adopted City Council District Map
B. Resolution No. 6128
C. Resolution No. 6129
D. Resolution No.6130
Staff contact:

Brian C. Barrett, CMC, City Clerk
(805) 7 55-4403, b rianb@ci. carpi nteria. ca. us
Reviewed by: Dave Durflinger, City Manager
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ATTACHMENT A
Adopted Gity Gouncil District Map
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A& REDISTRICTING

OO PARTNERS
City of Carpinteria
General Municipal Election of City Council Candidates 2022 May 9,2022

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ATTACHMENT B
Resolution No. 6128
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G : \F I D E LA\c I TY co u N c I L\srAF F R E Po RTU 0 22\o s-09 -22\s R E I ectio n s 2022.docx RESOLUTION NO. 6128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA, CALIFORNIA, CALLING FOR THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS

AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE

OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8,2022, for the election of Municipal Otficers;

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

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

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Carpinteria, California, on Tuesday, November 8,2022, a General Municipal Election for the purpose of electing three Members of the City Council for the full term of four years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Santa Barbara Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code S 10242, except as provided in $$ 14212, 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Resolution No. 6128
Page2
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additionai notice of the election, in time, form and manner as required by law.

SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Santa Barbara Registrar-Recorder/County Clerk, the City Council, in accordance with Elections Code S 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 10. The City Council finds, pursuant to Title 14 of the California Code of Regulations Section 15378(bX4), that this resolution is exempt from the requirements of the California Environmental Quality Act because it is not considered a project in that it involves fiscal activities which do not involve commitment to any specific project.

PASSED, APPROVED AND ADOPTED on the gth day of May, 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, CMC, City Clerk
City of Carpinteria
Resolution No. 6128

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I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on May 9,2022.

Brian C. Barrett, CMC, 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
General Municipal Election of City Council Candidates 2022 May 9,2Q22

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ATTACHMENT C
Resolution No. 6129
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G:\FIDELA\clrY couNclL\srAFF REPORT\2O22\os-09-22\sR Etection s zo22.docx RESOLUTION NO. 6129

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF SANTA BARBARA TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE DATE PURSUANT TO S 10403 OF THE

ELECTIONS CODE
WHEREAS, The City Council of the City of Carpinteria called a General Municipal Election to be held on November 8,2022, for the purpose of the election of three Members of the City Council; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places polling places and election otficers of the two elections be the same, and that the county election department of the County of Santa Barbara canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;

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

SECTION 1. That pursuant to the requirements of S 10403 of the Elections Code, the Board of Supervisors of the County of Santa Barbara is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8,2022, for the purpose of the election of three Members of the City Council representing District numbers 1, 3 and 5.

SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Carpinteria recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

Resolution No. 6129

Page 2 ends

SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Santa Barbara.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PAssED, APPROVED AND ADOPTED on the 9th day of May, 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, CMC, 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 May g, 2022.

Brian C. Barrett, CMC, City Clerk
City of Carpinteria
Resolution No. 6129

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APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
General Municipal Election of City Council Candidates 2022 May 9,2022

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ATTACHMENT D
Resolution No.6130
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G : \F I D E LA\c I TY c o u N c I L\srAF F R E po RTU o 22\os-09 -22\s R E tectio n s 2022.docx RESOLUTION NO.6130

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA, CALIFORNIA, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO

CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, S 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement;

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

SECTION 1. GENERAL PROVISIONS. That pursuant to S 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Carpinteria on November 8,2022 may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications, expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.

The statement shall be filed (in typewritten form) in the office of the City Clerk at the time the candidate's nomination papers are field. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Santa Barbara. The County is required to translate candidate's statements into the following languages: Spanish.

B. The County will mail separate voter information guides and candidates statements in Spanish to only those voters who are on the county voter files as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates statements in the required languages available at all polling places, on the County's website, and in the Election Official's office.

Resolution No. 6130
Page2
SECTION 3. PAYMENT
A. Translations
The candidates shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) and/or (B) of section 2 above pursuant to Federar and/or state law.

B. Printing

1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1g65 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. ln the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. ln the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 4. MISCELLANEOUS.

A. All translations shall be provided by professionally-certified translators.

B. The statement of each candidate shall be printed in uniform type, style and spacing.

C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.

ABSENT

ABSTAIN
Resolution No. 6130

Page 3 ends

SECTION 7. That all previous resolutions establishing council policy on payment for candidates statements are repealed.

SECTION 8. That this resolution shall apply only to the election to be held on November 8,2022.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED on the 9th day of May, 2022, by the following vote:

AYES: couNcTLMEMBER(S)
coUNcTLMEMBER(S)
coUNcTLMEMBER(S)
couNcTLMEMBER(S)
NOES
Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, CMC, 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 May 9,2022.

Brian C. Barrett, CMC, City Clerk
City of Carpinteria
Resolution No.6130

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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- Aceroa Srerr RepoRr
May 9,2022

ITEM FOR COUNCIL CONSIDERATION
Agreement with TKM Engineering for Traffic Signal Timing Services.

STAFF RECOMMENDATION
Authorize the City Manager to execute the Agreement with TKM Engineering for traffic signaltiming services in an amount not-to-exceed $39,300.

Sample Motion: I move to authorize the City Manager to execute the Agreement with TKM Engineering for traffic signal timing services in an amount nolto-exceed $39,300. (Requires a rollcallvote)

BACKGROUND
There are currently nine (9) signalized intersections citywide as either owned by the City or the California Department of Transportation (Caltrans). Of these nine signalized intersections, six (6) are new and were installed as a part of Caltrans' Highway 101 corridor projects. Of these six new signalized intersections, the City is responsible for operation and maintenance of one. ln accordance with the Freeway Maintenance Agreement with Caltrans dated March 21 ,2016, the City is responsible for the new traffic signal at the Linden Avenue and Ogan Road intersection. Table 1 below is a current list of signalized intersections citywide which also shows the respective agency owner and installation year.

Table 1- nalized lntersections
Primary Street Secondary Street Aoencv Owner lnstallation Year Carpinteria Avenue Casitas Pass Road City Oriqinall
Carpinteria Avenue Linden Avenue City Originall
Carpinteria Avenue Santa Ynez Avenue/Seventh Street City Oriqinall Casitas Pass Road Highway 101 Northbound On- and Off-ramps 2020 (Exit 86)
Caltrans
Casitas Pass Road Highway 101 Southbound On- and Off-ramps (Exit 86A)
Caltrans 2020
Casitas Pass Road Via Real Caltrans 2020
Linden Avenue Hiohwav 101 Southbound Off-ramp (Exit 868) Caltrans 2020 Linden Avenue Oqan Road Citv 2020
Via Real Santa Monica Road/Highway 101 Northbound
On- and Off-ramps (Exit 87)
Caltrans 2021
1 Priorto Caltrans' Highway 101 corridor projects.

Agreement with TKM Engineering
May 9,2022
Page2
The County of Salta Barbara (County) is currently contracted with the City for maintenance services of all the City-owned traffic signals. Caltrans performs maintenance services for its own traffic signals.

In9 C'tV is also in progress of designing a new traffic signal at the Carpinteria Avenue and Palm Avenue intersection. The estimated date of compbtion of the design is summer 2022.

To date, the City is awaiting the electricaldesign to becompleted by Southern California Edison. This upcoming signalized intersection will be a part of the tramc signal network, ftq.mq signal t1miry is essentially an engineering and traffic study for determining optimization of vehicle green time and pedestrian walk durationsthat are to be allocated to each intersection movement. Traffic signal timing is typically warranted when there is a change in the traffic signal_network, such as an addition of a new traffic signal. The City was waiting for the six newtraffic signals from Caltrans' Highway 101 corridor projects to b6 completed before conducting traffic signaltiming citywide. Although the traffii signal network comprises of both City-owned and Caltrans-owned traffiCsignals, the C-ity is responsible for ensuring the traffic signal timing within City limits is coordinated because it affects City streets.

IPm91O_ryt timing is -also currently recommended by the City's Local Roadway Safety Plan (LRSP) as one of the countermeasures of traffic safety improvement for the following priority intersections, as identified by the LRSp:

LRSP Prioritv Intersections for Traffic Sional Tim q lmorovement Primary Street Secondary Street
Carpinteria Avenue Casitas Pass Road
Carpinteria Avenue Linden Avenue
Further, the Carpinteria Avenue and Reynolds Avenue/Highway 101 On- and Off-ramps intersection is scheduled to be evaluated on an annual baiis stbrting in 2023 and throirgh 2040. This intersection is not currently a signalized intersection and is not proposed as such. However, Caltrans' traffic impact analysis warrants a 4-way Stop controlled intersection. The trafficwarrant analysis was conducted as a pai of ttie design for the Highway 101 Carpinteria to Santa Barbara Phase 44 Project. Caltrans is obfgated to make a lump sum payment towards the City for conducting the annual evaluations in accordance with the conditions of approval for the conditional use permit and coastal development permit for tf'_"_[ig!ry"y l0l Carpinteria to Santa Barbara Phase 44 Project (Perhit No. 18- 192O-CUPrcDP) The lump sum is yet to be paid, but Caltrans is in prolresi of preparing the cost estimate. Although this intersection is and will not be a signatized intersection, ilie traffic signal timing will take into consideration a 4-way Stop controlled intersection scenario.

The purpose of this agenda matter is for the City Council to authorize the City Manager to execute the Ag,reement with TKM Engineering for traffic signal timing services in an 6mount not-to-exceed $39,300.

Agreement with TKM Engineering
May 9,2022

Page 3 ends

DtscusstoN
The general proposed scope of work by TKM Engineering for the traffic signal timing services will include performing the following tasks:

1. Traffic modeling.

2. Preparation of timing sheets.

3. lmplementation of field timing.

4. Coordination with Caltrans and County
Details of the proposed scope of work is shown in Attachment A.

POLICY CONSISTENCY
The recommendation is consistent with the following objectives of the Circulation Element in the General Plan and Local Coastal Use Plan:

Objective C-3: Provide a balanced transportation network with consistent designations and standards for roadways that will provide for the safe and efficient movement of goods and people through the community.

Objective C4: lmprove the Carpinteria Avenue corridor to ensure adequate traffic flow, safe bicycle use and improved aesthetic qualities.

Objective C-7: Build demand for alternative transportation use by increasing ease, effectiveness, and social acceptability, and through foresighted planning.

The recommendation is also consistent with City Council Resolution No. 6119, Local Roadway Safety Plan.

FINANCIAL CONSIDEMTIONS
The Fiscal Year 2021122 Adopted Budget includes sufficient Measure A funds under Engineering Services Account No. 215411-5228 to cover the proposed agreement with TKM Engineering.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management considerations presented with this report.

OPTIONS

1. Authorize the Agreement with TKM Engineering. (Staff recommendation)

2. The City Council Could choose not to consider the recommendation and provide further direction to staff. No authorization would result in the project being delayed Agreement with TKM Engineering
May 9,2022

Page 4 ends

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

ATTACHMENTS
Attachment A: Agreement with TKM Engineering
Staff contact:

John L. llasin, Public Works Director
(805) 880-3402, [email protected]
Reviewed by:

Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. us

ATTACHMENT A
Agreement with TKM Engineering

AGREEMENT FOR CONSULTANT SERVICES
Traffic Signal Timing Services
THIS AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is made and effective as of the 9th day of May ,2022 by and between the City of Carpinteria, a municipal corporation ("City"), and TKM Engineering ("Consultant") (collectively, the "Parties") at Carpinteria, Califomia, with reference to the following facts:

City has determined that it is necessary and appropriate to engage a design professional to carry out the services described herein; and
Consultant has represented itself as being fully qualified and available to perform the consultant services necessary to complete the work in a timely manner; and City desires to contract with Consultant and Consultant is willing to perform the consultant services, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. SERVICES.
l.l Basic Services. City hereby retains Consultant to perform the services described and set forth in the attached Exhibit A ("Basic Services"), which is incorporated by this reference as though set forth in full. Consultant hereby agrees to perform said services within the designated time frames and accepts this retention. Consultant shall complete the Basic Services according to a schedule of performance which is also set forth in Exhibit A. The Parties agree and acknowledge that time is of the essence in performance of this Agreement.

1.2 Additional Services. In addition to the Basic Services, City may elect to have Consultant perform additional services that are beyond the current scope of the Basic Services, but within the expertise of Consultant ("Additional Services"). Such Additional Services shall be mutually agreed to in advance and specified in a writing, which shall also speciff the basis for the Consultant's fee for such additional services.

Basic Services and Additional Services are referenced collectively as "Services."

2. PERF'ORMANCE.

2.1 Standard of Performance. Consultant shall faithfully, competently and diligently perform the obligations and responsibilities required by this Agreement, applying best management practices and the same standards of care utilized by persons commonly engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall not engage the assistance of subcontractors for performance of the Services unless previously agreed to in writing by the City.

C.
-t
4 2.2 Labor and Materials. Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the Services. Consultant shall give its attention and supervision to the fulfillmint of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Services required by this Agreement.

2.3 Beview of Service. Consultant shall fumish City with reasonable opportunities from time to time to ascertain whether the Services of Consultant are being performed in accordance with this Agreement. All work done and materials fumished shall be subject to final review and approval by City; Consultant is not providing final approval or review, which is solely City's function and role. City review and approval olzuch work and Services shall not, however, relieve Consultant of any of its obligations under this Agreement.

2.4 Contract Administration. The City Manager or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The City Munug", o, his/her designee shall have the authority to act on the City's behalf to review and approve all products submitted by Consultant and may execute all necessary documents to authorize Consultant to perform Additional Services as provided for herein.

2.5 Renresentationq 3nd Warranties. Consultant represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Services under this Agreement, will not violate any applicable or breach any contracts with third parties and (ii) it has the right, power and authority to fulfill its obligations, and, as applicable perform the Services, and enter into this Agreement; (iii) the Services contemplated hereunder will be performed by adequately trained, competent personnel, in a professional manner, with such personnel having the requisite skiil and expertise necessary to perform and complete the Services in accordance with industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Services and all deliverables provided hereunder will conform to the specifications agreed-to by the parties.

TERM' This Agreement shall be effective as of the date first above written and shall continue until all Services to be provided by Consultant are completed to the satisfaction of the City, but in no event later than the 30th day of June, 2023; unless terminated earlier as provided for herein.

COMPENSATION.

4.1 Basic Services. For Basic Services, City shall pay Consultant on a time and materials basis, not to exceed amount of Thirty Nine Thousand Three Hundred Dollars ($39,300.00) as full compensation for all labor, materials, equipment, tools, transportation, and Services. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials.
2 4.2 Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Basic Services, unless such Additional Services are authorized in advance and in writing in the method provided for herein. Consultant will submit fee estimates for such Additional Services upon request of City.

4.3 Invoices. Each and every payment by City shall be subject to City's receipt of an invoice outlining the items for which payment is requested. Payment to Consultant as to any undisputed fees shall be made, after verification of Consultant's performance, within 30 (thirty) days of receipt of invoice. If City disputes any of Consultant's fees, it shall give written notice to Consultant within 30 (thirty) days of receipt of an invoice of such disputed fees.

4.4 Withholdine. City reserves the right to withhold future payment to Consultant if any aspect of the Consultant's work is found to be substantially inadequate. City shall notify Consultant in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt ofproduct.

4.5 Taxes/Insurance/Licenses. Consultant shall be solely responsible for the payment of any federal, state, or local income tax, social security tax, workers' compensation insurance, state disability insurance, and any other taxes or insurance which Consultant is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Consultant and any approved subcontractors performing Services under this Agreement shall have in full force and effect all licenses necessary for the performance of Services hereunder, including without limitation, business licensing from City, all at the sole cost of Consultant.

5. RECORDS.

5.1 Financial Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall also maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

5.2 Access to Records. Consultant shall provide free access to the representatives of City or its designees at reasonable times to books and records as set forth in section 5.1;shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of four (4) years after receipt of final payment.

Original Records. Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, J

5.3 6
notes, and other work, materials or documents prepared or used to prepare Consultant's work product in the course of providing the Services pursuant to this Agreement ("Consultant Work Product") shall become the sole property of City once the Consultant has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Consultant Work Product in whole or in part in any manner it deems appropriate, without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may retain copies of such Consultant Work Product as a part of its record of professional activity.

TERMINATION.

6.1 Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other party. In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

6.2 Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure of the breaching party to correct within five (5) days of receiving such notice, based upon the occurrence ofany ofthe following events:

I Material breach of this Agreement;
r Cessation of Consultant to be licensed, as required;
' Failure to substantially comply with any applicable federal, state or local law or regulation;
' Filing by or against Consultant of any petition under any law for the relief of debtors; and,
' Filing of a criminal complaint against Consultant for any crime, other than minor traffic offenses.

6.3 Performance Upon Termination. In the event this Agreement is terminated pursuant to this Section, City shall pay Consultant for the outstanding balance owed for work performed up to the time of termination. Upon termination of the Agreement, Consultant shall submit an invoice to City as provided for herein and shall submit to the City all of its files for any billable or non-billable matters in which the Consultant is involved under the scope of this Agreement.

6.4 Termination Upon Mutual Consent. This agreement may also be terminated by mutual consent of the parties and in accordance with the terms and conditions of any plan of termination established by the parties. In the event of a termination by mutual consent, the date of termination shall be such date as is agreed upon by the parties. The parties may agree to suspend or terminate a portion of this Agreement and such suspension or termination shall not make void or invalidate the remainder of this Agreement. 4 7 DISPUTE RESOLUTION. Except as explicitly provided in Exhibit E relating to claims by Consultant, if any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator shall have the authority to assess arbitration costs and expenses against either or both parties. The decision in the arbitration shall be binding on all parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction.

INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in the attached Exhibit C, which is incorporated by this reference as though set forth in full.

9. INDEMNIFICATION.

Indemnification for Professional Liabilitv. To the fullest extent permitted by law, Consultant shall indemnif,i, protect, defend and hold harmless City and any of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs, and expenses, including attorneys' fees and costs, which arise out ofthe negligence, recklessness or willful misconduct of Consultant.

IO. RELEASE OF INFORNIATION.

10.1 Confidentialitv. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Consultant without City's prior written authorization. Consultant, its officers, employees, subcontractors or sub-consultants shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information conceming the Services performed under this Agreement unless requested by the City Attorney or authorizedin writing by the City Manager. Response to a subpoena or court order shall not be considered "voluntary" provided that Consultant shall give City prompt written notice of any such court order or subpoena. The provisions of this Paragraph shall survive the termination of this Agreement.

10.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and City Attomey in writing if Consultan! its officers, employees, agents, subcontractors or subconsultants are served with any summons, complaint, subpoen4 notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party related to this Agreement and/or Consultant's related Services. City has no obligation to, but may exercise discretion to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide the City an opportunity to review any response to 8 5

11. discovery requests provided by Consultant. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response.

RELATIONSHIP TO CITY.

11.1 Indenendent Contractor. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. ll '2 No Emnlovee Privileges. No City employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages or other compensation to Consultant for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing Services hereunder.
1 I '3 Consultant Dutv to Citv. Consultant understands and agrees that its responsibility to provide complete and accurate Services is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.

11.4 Interest of Consultant. Consultant represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the services to be provided by Consultant under this Agreement. Consultant further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Consultant. Consultant certifies that no one who has or will have any financial interest under this Agreement is: (a) an officer or employee of City, or (b). an officer or employee of the applicant and any of its consultants. Consultant agrees to comply with any applicable conflict of interest code.
1 1.5 Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
6 I 1.6 Third Partv Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Consultant and will not confer any rights upon any person not expressly a party to this Agreement.

12. GENERAL PROVISIONS.
l2.l Assignment of Rights. Contractor agrees to assign City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services, or materials pursuant to this Agreement.

12.2 Further Assurances. City and Consultant each agree to cooperate with one another, to use their best efforts, to act in good faith, and to promptly perform such acts and execute such documents or instruments as are reasonably necessary and proper to consummate the transactions contemplated by this Agreement.

12.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if personally served or on the second day after mailing if mailed by first-class mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows:

To City:

Dave Durflinger, City Manager
City of Carpinteria
57 7 5 Carpinteri a Avenue
Carpinteria, CA 93013-2698
P: (80s) 684-s40s
F: (80s) 684-s304
To Consultant:

Thomas Mericle, PE, TE
TKM Engineering
1244 Poli Street
Ventura, CA 93001
P:(805) 70t-2977
P:N/A
Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.

12.4 Lesal Resnonsibilities. Consultant shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Service pursuant to this Agreement. The Consultant shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

12.5 Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required by law for the performance ofservices described in this Agreement.

12.6 Labor Conditions. City is a public entity in the state of Califomia, and therefore, City and Consultant are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this 7 Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Consultant.

12.7 Labor Requirements. Consultant shall abide by all federal and California laws and regulations regarding wages, including, without limitation, the Fair Labor Standards Act and the California Labor Code, which, in part, mandate that 8 hours' labor constitutes a legal days' work, and require Consultant to pay the general prevailing wage rates. The California statutory provisions for penalties for failure to pay prevailing wages will be enforced and the statutory provisions for penalties for failure to comply with California's wage and hour laws will be enforced. In addition, Consultant is required to comply with the statutory requirements relating to employment of apprentices. Consultant also must secure the payment of workers' compensation to its employees as provided by California law. Consult acknowledges its obligation to secure payment of Workers' Compensation before beginning work as set forth in the attached Exhibit D ("Acknowledgement of Workers' Compensation Obligation") which is incorporated by this reference as through set forth in full. Additionally, Consultant is required to comply with all statutory requirements relating to certified payroll records, including the maintenance of the records, their certification, and their availability for inspection.

12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds of race, creed, color, sex, age, marital status, sexual orientation or place of national origin. Consultant shall comply with all local, state, and federal laws relating to equal employment opportunity rights. l2'9 Assignment. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.

12.10 Waiver. No waiver of a provision of this Agreement shall constitute a waiver of any other provision, whether or not similar. No waiver shall constitute a continuing waiver.

No waiver shall be binding unless executed in writing by the party making the waiver. l2.ll Force Maieure. Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any govemmental agency or authority.

12.12 Construction of Terms. All parts of this Agreement shall in all cases be construed according to their plain meaning and shall not be construed in favor or against either of the parties. lf any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, in whole or in part, the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. In the event ofany provision shall be adjudged 8 invalid, void or unenforceable, the parties hereto agree to enter into a supplemental agreement to effectuate the intent of the parties and the purposes of this Agreement.

12.13 Controllins Law. The City and Consultant understand and agree that the laws of the State of Califomia shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement, with venue proper only in the County of Santa Barbara, State of California.

12.14 Authorization. All officers and individuals executing this and other documents on behalfofthe respective parties hereby certify and warrant that they have the capacity and have been duly authorizedto execute said documents on behalf of the entities indicated.

12.15 Entire Asreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means. Each party waives any future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver or estoppel.

12.16 Counterparts. This Agreement may be executed in counterparts, each of which shall remain in full force and effect as to each party.

I 2. 17 Severabilitv. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY"
City of Carpinteria
By
David Durflinger, City Manager

APPROVED AS TO FORM
City of Carpinteria
By
Jena ShoafAcos, on behalfof
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
''CONSULTANT''
TKM Engineering
By
Thomas Mericle, PE, TE, PresidenVPrincipal
9 EXHIBIT A

TASKSTO BE PERFORNIED
10 TI IVI
April LL,2022 ENGINEERING
John L. llasin, PE
Public Works Director/City Engineer
City of Carpinteria
5775 Carpinteria Ave
Port Hueneme, CA 93013
SUBJECT: ProposaltoProvideTrafficSignalTimingServices
Dear Mr. llasin,
TKM Engineering is pleased to present this proposal to provide Traffic Signal Timing Services to the City of Carpinteria as requested. The work will be focused on the signalized intersections along Linden Ave, Carpinteria Avenue, and Casitas Pass Rd. The scope will provide options for which intersections the city would like in the project. The lntersections that could be in this project are:
t. Linden Ave at Ogan Rd

2. Linden Ave at US 101SB Ramp (Caltrans)

3. Linden Ave at Carpinteria Ave

4. Carpinteria Ave at Palm Ave (future signal)

5. Carpinteria Ave at Casitas Pass Rd

6. Casitas Pass Rd at US 101 SB Ramps (Caltrans)

7. Casitas Pass Rd at Via Real

8. Via Real at US 101 NB Ramps (Caltrans)

9. Carpinteria Ave at Santa Ynez Ave and 7th St
This proposal includes a scope of work, schedule, and a proposed budget. Since the City has worked with me in the past, I did not include a resume, but it can be provided if requested.

PROJECT SCOPE OF WORK
The proposed scope of work willgenerally include project management, data collection, development of signal timing and coordination plans, preparing timing sheets, and working with Caltrans and the County of Santa Barbara on timing review and field implementation of the new timing.

Project Management
TKM Engineering will provide project management for the project including monthly progress reporting, final project memo with recommendations, and meetings with City staff. 1244 Poli Street
Ventura, CA 93001
1 (80s)701-2977
tkm-engineering.com
Data Collection
TKM Engineering will hire an outside traffic data collection firm for the collection of traffic data including vehicle and bicycle turning movements and pedestrian counts at the project intersections during the morning, midday, and afternoon peak periods. Data collection will also include the following being provided by the City and/or County:
o Existing traffic signal timing sheets
o Signal design plans
Synchro Traffic Modeling
TKM Engineering will develop a traffic signal timing microsimulation model in Synchro by Trafficware. The development of the model will include:
r Building the network using publicly available ariel photos, signal design plans, existing timing, and collected traffic count data.
o Evaluating and updating clearance timing and pedestrian timing to meet existing standards r Calibrating the network
o Analyzing three time periods (am peak, midday, and pm peak) e Developing three coordination timing plans, including optimizing cycle length and determining offsets
o Determining time of day patterns and changes from one coronation plan to another r Evaluating before-after predicted changes to level of service, stops, and delay at each intersection and the corridor
The Synchro traffic model will be provided to the City at the end of the project for use in future re-timing or optimization efforts.

Preparation of Timing Sheets and lmplementation of Field Timing TKM Engineering will prepare McCain/Bitran timing sheets based on the final output of the Synchro model. The timing sheets will be provided in Exceland pdf formats. The Excel format files can be used as the City held master timing sheets to be updated when timing changes are made in the field. I will coordinate with Siemens for field implementation including field verifying phase timing and coordination timing by reviewing individual intersections and driving the corridor.

Scope of Work Options
we are presenting three options for the city to consider for the project.

Option 1: Prepare SignalTiming Optimization and Coordination Plans for Linden Ave and Carpinteria Ave
The scope of work would include the 5 intersections along Linden Ave and Carpinteria Ave as follows:

1. Linden Ave at Ogan Rd

2. Linden Ave at US 101SB Ramp (Caltrans)

3. Linden Ave at Carpinteria Ave

4. Carpinteria Ave at Palm Ave (future signal)

5. Carpinteria Ave at Casitas Pass Rd
This option would provide for top priority coordination timing needs of the City. 2 1244 PoliStreet
Ventura, CA 93001
(805)701-2977
tkm-engineering.com
Option 2: Prepare Signal Timing Optimization and Coordination Plans for Option 1 and Casitas Pass Road
ln addition to Option 1- locations, the following locations would be evaluated:

6. Casitas Pass Rd at US 101S8 Ramps (Caltrans)

7. Casitas Pass Rd at Via Real

8. Via Real at US 101 NB Ramps (Caltrans)
This option would add Casitas Pass Rd and the Caltrans signal at Via Real and the NB ramps so timing along the corridor could be evaluated for facilitating traffic from the freeway offramp to Carpinteria Rd. This does include two additional Caltrans intersections, so more coordination will be needed.

Option 3: Prepare Signal Timing Optimization for Option 2 and the lntersection of Carpinteria Ave at Santa Ynez/7th St
ln addition to Option l and Option 2locations, the following location would be evaluated:

9. Carpinteria Ave at Santa Ynez Ave and 7th St
This location can essentially operate independently of the rest of the corridors for now. The analysis would be focused on making the intersection timing safe for school ages and efficient traffic flow through the intersection.

PROJECT STAFFING
The services proposed in this letter will be performed by Thomas Mericle, PE, TE, President/Principal Resume can be provided upon request.

SCHEDULE
Based on availability to collect traffic count data and Caltrans review time frames, the following schedule is anticipated:

April-May 2022: New traffic counts; Data collection; initial discussions with Caltrans and County of Santa Barbara
June2o22: Synchro network development and evaluation of basic signal clearance timing and pedestrian crossing time parameters
July 2O22: Network analysis, development of cycle lengths, intersection phase timing, and coordination timing
August 2022: Review of suggesting timing by Caltrans
September 2022: Update timing based on Caltrans review and comments October-November 2022: Preparation of timing sheets and field implementation 3 1244 PoliStreet
Ventura, CA 93001
(805\701-2e77
tkm-engineering.com

PROJECT FEE PROPOSAL
TKM Engineering is pleased to provide the following fee proposal Options for the services listed in the Scope of Work above.

Option 1: Prepare SignalTiming Optimization and Coordination Plans for Linden Ave and Carpinteria Ave (5 locations)
Project Ma nagement/Coord ination
Traffic Counts (cost)
Synch ro Traffic Modeling
Preparation of Timing Sheets and lmplementation Sg,zoo
Total s22,780
Option 2: Prepare Signal Timing Optimization and Coordination Plans for Option 1 and Casitas pass Road (3 additional locations)
700
380
S3,
52,
S13,ooo
Option 3: Prepare SignalTiming Optimization for Option 2 and the lntersection of Carpinteria Ave at Santa YnezlTrh St (1 additional location)
Task
Project Ma nagement/Coord ination
Traffic Counts (cost)
Synchro Traffic Modeling
Preparation of Timing Sheets and lmplementation
Total
Task
Project Ma nagement/Coordination
Traffic Counts (cost)
Synchro Traffic Modeling
Preparation of Timing Sheets and lmplementation
Total
1244 PoliStreet
Ventura, CA 93001
Additional
Fee
s1,480
St,z6o
Sz,goo
S1,480
$L2,ozo
Additional
Fee
Stqo
Total
Fee
Ss,tgo
S3,s+o
S2o,8oo
S5,tgo
S14aoo
Total
Fee
S5,g2o
Sqzo S+,oeo
52,600 S23,aoo
Stqo $s,gzo
sc,soo s39,300
4 (805) 701-2977
tkm-engineering.com
This fee proposal includes normal materials, mileage, and administrative overhead costs. As an ongoing TKM Engineering Client Agency, outside costs for traffic counts and other similar services are passed through to the City with no administrative mark-up.

I appreciate the opportunity to continue to assist City staff and provide this proposal for your consideration. lf you have any questions or would like additional information, please contact me.

Sincerely,
Thomas Mericle
President/Principa I
5 1244 Poli Street
Ventura, CA 93001
(805)701-2977
tkm-engineering.com

EXHIBIT B

PAYMENT SCHEDULE
(See Exhibit A)
ll

EXHIBIT C

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant aclvtowledges that the insurance coverage and policy limits setforth in this section constitute the minimum amount of coverage required. Any insurance proceeds wailable to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be qvailable to City.

Consultant shall provide thefollowing types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurence.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.

Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limis are subject to review but in no event less than $1,000,000 per occuffence.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date ofthis agreement. 12 Insurance procured pursunnt to these requirements shall be written by insurers that are admitted carriers in the state of Califurnia and with an A.M. Bests rating of A- or better and a minimumfinancial size VIL General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
l. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or ofany contractor or subcontractor.
6' All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7 ' Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreemenl and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, atCity option.

8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modiff such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
l3

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

I 1. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion ofthe insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agteement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
t4
17' The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to city, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. The City's failure to comply with reporting requirements should not affect coverage required under the Agreement.

23. The consultant's insurance is primary to that of any insurance claimed by the City.

Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
l5
-.-l *
ACORE'" CERTIFICATE OF LIABTLITY INSU RANCE
CERTIFICATE N ER:1365937922 REVISION NUMBER:
oN 30 Notice of
@ 1988-2015 ACORD CORPORATION. Ail rtghts reserved.

The ACORD name and logo are .egistered marks of ACORD

FORMATION ONLY

AFFIRMATIVELY TIVELY
THIS CERTIFICATE IS ISSUED AS A MATTER OF IN AND coNFERS NO RIGHTS UPON THE CERTIFlCATE HOLDE R. THIS CERTIFICA TE DOES NOT OR NEGA AMEND, EXTE ND OR ALTER THE COVERAGE AFFORDED BY THE POLtCtES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE lssutN G rNsuRER(S), AUTHORIZED REP RESENTATIVE OR PRODUCER, AND THE CERTIFlCA TE HOLDER.

DATE (MM/DD/YYYY)
8112t2021
ANT: 1f the holder ts an NAL INSURED, the must have AD DITIONAL INSURED provlstons or endorsed tf SU BROGATION rs WAIVED, subject to the terms and conditions of the policy certai n policies may requ re an endorsement. A statement on certificate does not confer to the certificate holder tn lieu of such

PRODUCER
AssuredPartners Design Professionals lnsurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
TKMENGI.Ol
Liensef:

INSURED
TKM Engineering
1244 Poli Sireet
Ventura CA 93001
qe4gqerlSqPJo@AssuredParlneEco14
!l!!!J ts-Ell$ _4il9EDr NG covERAG E
: Sentinel-lnsuralgq qompany
!N,su_EEB! ! Travelers Casuaty-qnd,Surety Co of Americlr _
The Cerlificale Team
FAX
{A/c, No):
31194
1 1o_Qq
NAIC #
INSURERC | .

INSURER D I

TYPE OF INSURANCE LIMITS

CERTIFICATE
THI IS TO CERTIFY THAT TH E POLtCtES OF INSU RANCE LI STED BELOW HAVE BEE N ISSUED TO THE INSUR ED NAMED ABOVE FOR THE POLICY PER toD IN DICATED NOTWTHSTAN DI N ANY REOUIR EM ENT TERM OR coN DITION OF ANY CONTRACT o R OTH ER DOCU M ENT WITH RESP EC T TO WH tcH THIS MAY BE SS U ED OR MAY PERT AI N TH INSU RANCE AFFORDE D BY TH E POLtCtES DESCRI BED H EREI N ts SU BJ trul TO ALL THE TERMS, EXC LUSIONS AND coNDITIO NS OF SUCH POLICIES LI l\,1lrs SHOWN MA HAVE BEEN REDUCED BY PAID c LAI tlts s 1,000,000
s 1 0,000
s 1,000,000
5 2,000,000
s 2,000.000
57SBWBN7685 81912021

PRODUCTS - COMP/OP AGG
X Y
LII\'tIT APPLIES PER,
s
81912022 EAcHOCCURRENCE
DAMACE'IO PEi.JTED
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ftri ] x l'o"
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s 1,000,0c0
COMMERCIAL GENERAL LIABILlrY
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PERSONAL I AD! TNJqRY

G,ENERA-L AGGREGATE
i
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AUTOS ONLY
HI RED
AUTos oNLY i
:

AUIOS ONLY

SCHEDULED
AUTOS
NON-O!\4\lED

AUTOMOBILE LIABILITY

ANY AUTO
57SBWAN7685 81912021 le?nl3flig;'tt*o t'ut I s1'ooo,ooo BODILY INJURY (Per person) S
81912022
BODILY INJURY (P€r
s
:
ls
57SBWBN76E5
N'A
$1,000,000
$2,000,000
H
81912021 81912022
AX Y Y 81912022 i 8tet2o21 : EACHOCCURRENCE

AGGREGATE
107484265
in NH)
Prolessronal l_iability

E L EACH ACCIDENT
EI\,IPLOYERS' LIAgILITY

COMPENSATION
X

UMBRELLA LIAB

EXCESS LIAB
X loccua
CI.AIMq.['ADE
s 1,000,000
s 1.000,000
Per Claim
Annual Aggregate
. EA EIJPLOYEE
- POrlcY Lil\4rT

SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carpinteria ACCOROANCE WITH THE POLICY PROVISIONS.

Attn: Dave Durflinger
5775 Carpinteria Avenue
Carpinteria CA 930'13 VrItut' AUT}.IORIZ6O REPRESENTATIVE ACORD 25 (2016/03)
Policy # 57SBl ,BN7685
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company),
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Gustodians Of your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) \Mth respect to liability arising out of the
maintenance or use of that property; and
(2') Until your legal representative has
been appointed.
d. Legal Representative lf You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entig
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than S0% of
the voting stock, will qualify as a Named
lnsured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and

BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(21 "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment' registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liabilig
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a coJ'employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
Wrth respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability afising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional lnsureds When Required By
Written Gontract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
5758\ /8N7685
Form SS 00 08 04 05 Page 11 of24
Policy # 57sBt /BN768s

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
szs$rnnrQgtgn a I Add ition al I n su red Covera g es.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury'' or "property damage' arising
out of "your products" which are distributed
or sold in the regular course of the vendo/s
business and only if this Coverage Part
provides coverage for ''bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additionat
exclusions:

This insurance does not apply to:
(a) "Bodi! injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemicat change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspeclion, demonstration, testing,
or the substitution of parts under
instructions fom the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (fl; or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale ofthe products.
(21 This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

Page 12 ends

Policy # 57sB\ /8N7685
(21 Wth respect to the insurance afforded to these additional insureds, this insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to tiability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(21 With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for ,,bodily
injury", "propefi damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) ln connection with your premises;
or
(b) ln the performance of your
ongoing operations performed by
you or on your behalf.
l2l \A/ith respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.

BUSINESS LIABILITY COVERAGE FORM
e. Permits lssued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) \A/ith respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality;or
(b) "Bodily injury" or "property damage"
included within the "productscompleted operations hazard". f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodif injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) ln the performance of your
ongoing operations;
(b) ln connection with your premises
owned by or rented to you; or
(c) ln connection with "your worK' and
included within the "productscompleted operations hazard", but only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the "productscompleted operations hazard". (2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including;
Form SS 00 08 04 05
57SBWBN7685

Page 13 of 24 ends

Policy # 5TSB\ i8N7685

BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.

The lirnits of insurance that apply to additionat
insureds are described in Section D, - Limits
Of lnsurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other lnsurance Condition
in Section E. - Liabitity And Medical Expenses
General Condiilons.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liabilig
company that is not shown as a Named lnsured in
STsBttnf\fuarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of lnsurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. lnsureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury,' and
"propefi damage" included in the
"products-completed operations hazard,' is the Products-Completed Operations Aggregate Limit shown in the
Declarations.
b. Damages because of all other ,'bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations,'
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3, Each Occurrence Limit
Subject lo 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising lnjury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising lnjury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
tightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
ln the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results fom fire, lightning or explosion
or combination of

6. How Llmits Apply To Additional lnsureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
wriften contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of lnsurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of lnsurance shown in
the Declarations and described in this Section.

Page 14 of 24 ends

Policy # 57SB\ /BN7685
lf more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of ail coverages
applicable to such claim or "suit'. However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of lnsurance of this Coverage part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. ln that case, he additional period will be
deemed part of the last preceding period for purposes
szserlffddtfmining the Limits of lnsurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
lhe insured's estate will not relieve us of our
obligations under this Coverage part.

2. Duties ln The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence,, or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the ,'occunence"
or offense took place;
(21 The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
lf a claim is made or "suit,' is brought
against any insured, you or any additional
insured must:
(1) lmmediately record the specifics of the
claim or "suit" and the date received;
and
(21 Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suif' as soon as practicable.
c. Assistance And Cooperation Of The
lnsured
You and any other involved insured must:

BUSINESS LIABILITY COVER.AGE FORM
(1) lmmediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(21 Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The lnsured's Own Cost
No insured will, except at lhat insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other lnsurance
lf we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit' to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-conkibutory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "sLlit" is
known to:
(1) You or any additional insured that is
an individual;
(21 Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4') Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust, or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.

Form SS 00 08 04 05 Page 15 of 24
Policy # 57sB\ ,8N7685

BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. \Mren this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for ',bodily injury,,
liability and "property damage,, liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment,, to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. LegalAction Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed setilement or on a final judgment
against an insured; but we will not be liable for
damages lhat are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a seftlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal represenbtive.

5. Separation Of lnsureds
Except with respect to the Limits of lnsurance,
and any rights or duties specifically assigned
in this policy to the first Named tnsured, this
insurance applies:
a. As if each Named lnsured were the only
Named lnsured; and
b. Separately to each insured against whom
szsgweNlzoag claim is made or "suit" is brought.

6. Representations
a. When You Accept This policy
By accepting this poticy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(21 Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
lf unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other lnsurance
lf other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary lnsurance
This insurance is primary except when b.
below applies. lf other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess lnsurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) YourWork
That is Fire, Extended Goverage,
Builder's Risk, lnstallation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
lf the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. - Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
lf the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. -
Coverages.

Page 16 of 24 ends

Policy # 57SBuaN7685
(6) When You Are Added As An
Additional lnsured To Other
lnsurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(71 When You Add Others As An
Additional lnsured To This
lnsurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary lnsurance When
Required By Contract
This insurance is primary if you
have agreed in a wriften contract,
written agreement or permit that
this insurance be primary. lf other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non.Contributory To Other lnsurance When Required By Contract
lf you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with the additional insured's own insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and (b) do not appty to
other insurance to which the additional
insured has been added as an
sTSBWBNF*Etional insured.

Wren this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". lf no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.

BUSINESS UABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(21 The total of all deductible and selfinsured amounts under all that other insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess lnsurance provision and was not
bought specifically to apply in excess of the
Limits of lnsurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
lf all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
lf any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
lf the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
lf the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
8 Form SS 00 08 04 05
57SB\nlgN7585

Page 17 ends

Policy # sTsBt /BN76Bs tr
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY HIRED AUTO AND NON.OWNED AUTO
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:

A. Amended Coverage:

Coverage is extended to "bodily injury" and
"property damage" arising out of the use of a "hired
auto" and "non-owned auto".

B. Paragraph B. EXCLUSIONS is amended as
follows:

1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non-owned
auto''.

2. Exclusion e. Employers Liability does not
apply to "bodily injury'to domestic "employees.
not entitled to workers' compensation benefits
or to liability assumed by the "insured" under an
"insured contract".

3. Exclusion f. Pollution is replaced by the
following:
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a, That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the 'insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the ninsured".

Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or
result from the normal electrical, hydraulic
or mechanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
frorn an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury" and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".

Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are contained are
upset, overturned or damaged as a
result of the maintenance or use of a
covered "auto"; and
O 2009, The Hartford
(lncludes copyrighted material of ISO Properties, lnc., with its permission) Form SS 04 38 09 09 Page 1 of 3
!
Policy # 57SB\ /8N7685
(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".

4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to ,,bodily injury', to ' any fellow "employee" of the ,'insured. arising out of the operation of an ,,auto,,
owned by the "insured" in the course of the
fellow "employee's" employment,
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
"insured's" care, custody or control.

C. With respect to "hired auto" and "non-owned auto',
coverage, Paragraph C. WHO lS AN INSURED is
deleted and replaced by the following:

The following are "insureds";
a. You.
b. Your "employee" while using with your
permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don't own, hire or borrow in
your business or personal affairs; or
(3) An "auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or ,'nonowned auto" with your permission except:
(1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos,' unless
that business is yours.
(3) Anyone other than your .employees,,,
partners (if you are a partnership), members
(if you are a limited tiability company), or a
lessee or bonower or any of their
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you ate a limited liability
company) for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.

D, With respect to the operation of a "hired auto" and
"non-owned auto", the following additional
conditions apply:

1. OTHER INSURANCE
a. Except for any liability assumed under an ninsured contract" the insurance provided by this Coverage Form is excess over any
other collectible insurance.

However, if your business is the selling,
servicing, repairing, parking or storage of
"autos", the insurance provided by this
endorsement is primary when covered
"bodily injury" or "property damage" arises
out of the operation of a customer's "auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of lnsurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.

2. TWO OR MORE COVERAGE FORMS OR
POLTC|ES TSSUED BY US
lf the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
"accident", the aggregate maximum Limit of
lnsurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of lnsurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.

E. The following definitions are added:

G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:

1. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
(if you are a partnership), members (if you
are a limited liability company),

Page 2 of 3 ends

Policy # 57sBl /8N7685
or your "executive officers" or members of
their households.

This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.
2, "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. 'Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer's "auto" that is in your care,
custody or control for service.

Form SS 04 38 09 09 Page 3 of 3

EXHIBIT D
The Consultant is required to sign and file a its obligation to secure payment of lilorlrprs' C ompens ation befor e beginning w ork
TKM Engineering is not required to carry any Workers' Compensation Insurance because it does not have any non-owner employees.
16 Io Name, hereby obligation to secure payment of W
beginning work.
' Compensation before
By:

Name, Title
Dated:

TKM Engineering is not required to carry any Workers' Compensation insurance because it does not have any non-owner employees.
17 ..1
2 3

4. EXHIBIT E

RESOLUTION OF CONSTRUCTION CLAIMS
The following pertains to Public Contract Code Sections 20104 through 20104.6 (Resolution of Construction Claims)
This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.

This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article

7.1 (commencing with Section 10240) of Chapter I of part 2. "Public work" means "pLrblic works contract" as defined in Section 1l0l but does not include any work or improvement contracted for by the state or the Regents of the University of California.
"Clailr" means a separate demand by the contractor for (a) a time extension, (b) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.

The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.

This article applies only to contracts entered into on or after January 1, lggl.

For any claim subject to this Agreement, the following requirements apply:

The claim shall be in writing and include the documents necessary to substantiate the claim. claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (l) For claims of less than fifty thousand dollars ($50,000), the city shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. 5 6.

7. a.
b.
l8
(3) The Ciry's written response to the claim, as further documented, shall be submitted to the claimant within l5 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. (3) The Cily's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.

If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within l5 days of receipt of the City's response or within l5 days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. e. Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title I of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Parr 3 of Division 3.6 of Title 1 of the Government Code.

The following procedures are established for all civil actions filed to resolve claims subject to this article:

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the courl shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide forthe selection within 15 days by both c
d.
f.

8. 19
9 parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the l5-day period, any party may petition the court to appoint the mediator.
(a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant toChapter2.5(commencingwithSection 1l4l.l0)ofTitle3 of Part3 oftheCodeof Civil Procedure, notwithstanding Section 1141.1I of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(b) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates ofpay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case ofarbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(c) In addition to Chapter 2.5 (commencing with Section I l4l.l0) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees ofthe other party arising out ofthe trial de novo.

The coutt may, upon request by any parly, order any witnesses to participate in the mediation or arbitration process.

The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.

In any suit filed under Section 20104.4, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

Pursuant to Califomia Public Contract Code Section720l, the City may not retain greater than five (5%) percent of contract price.

10. ll
13 14.
20 City of Carpinteria
Councr- Aceruoa Srlrr Reponr
May 9,2022

ITEM FOR COUNCIL CONSIDERATION
A report on local regulations that serve to restrict formula businesses

STAFF MENDATION
Receive and file the report and direct staff as determined appropriate Sample Motion: I move to receive and file the report and [direct staff pursuant to the outcome of City Council deliberationsl.

BACKGROUND
At its meeting of February 14,2022, the City Council requested that staff prepare a report on how cities regulate chain stores and restaurants, also known as "formula businesses", that have standardized services, d6cor, methods of operation, and other features that make them virtually identical to businesses elsewhere.l Staff has found that there are many cities in California that have enacted policies that restrict the proliferation of formu la businesses.

Having saturated central downtown districts, malls, and other shopping areas, many formula businesses are increasingly locating in downtowns and neighborhood business districts. Communities have found it common for formula businesses to arrive in an area en masse, squeezing out independent businesses and causing a speculative run-up in rents that results in the wholesale transformation of a business district almost overnight.2
The loss of independent, locally owned/operated stores can have longterm economic consequences for communities. ln addition to causing downtown or neighborhood business districts to lose their distinctive appeal, formula businesses often drive up rents where they locate. Higher rents can have the effect of pushing out independent 1 S. Mitchell, Formula Business Restrictions,lnstitute for Local Self-Reliance ("lLSR") https://ilsr.orelrule/formulabusiness-restrictions/ (as of March 22, 2022.1 2ld.
241',t6090.2
Report on Formula Business Restrictions
May 9,2022
Page2
entrepreneurs and low-margin/service businesses that meet the basic needs of surrounding neighborhoods (such as grocers and beauty/barber shops).

Local economies dominated by formula businesses tend to be solely profit based and disconnected from meeting community needs over time rather than seeking a business model that fills a local niche and/or is complementary to existing businessel in similar categories.3 Perhaps of greatest concern, formula businesses often invest locally generated profits outside of the community and disappear quickly when the economy contracts or their corporate strategy shifts, leaving behind building vacancies with higher rent expectations.a
The potentially deleterious effects of formula businesses on communities and their local economies is not a new issue in land use planning, having been identified at least as far back as the 1970's.5 To prevent and mitigate these problems, some cities and towns have adopted ordinances that prohibit formula businesses, cap their total number, or require that they meet certain conditions to open.

The purpose of this agenda matter is to allow the Council to consider the report, deliberate, and to direct staff accordingly.

DISCUSSION
The following section provides an overview of approaches implemented by various municipalities throughout California to regulate formula businesses, a discussion of the City's primary commercial zone districts (and the development review process associated with development in both of those districts), and a case study of formula business regulations implemented by the City of Ojai.

Overview of Approaches to Requlate Formula Businesses
When drafting and enacting a formula business ordinance, a city should articulate in its discussions, legislative history, and the ordinance itself what public purposes the ordinance will serve and specify how the established restrictions will serve those purposes.6 Common public purposes cited in formula business ordinances include:
maintaining the unique character of the community, specific districts, or neighborhoods; protecting the community's economic vitality by ensuring a diversity of businesses; protecting and encouraging a robust community of small and local businesses; preventing tumultuous or unstable economic/housing markets; and fostering businesses that serve the needs of the residents, rather than tourists.T 3ld.
4ld.
s Alexander, Christopher, A Pattern Languoge, page 432,lndividually Owned Shops, Oxford University press, !977 6 S. Mitchell, Formulo Business Restrictions,lnstitute for Local Self-Reliance ("lLSR") https://ilsr.orslrule/formulabusiness-restrictions/ (as of March ZZ, 2022.) 7 ld.

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Cities that elect to establish restrictions on formula businesses have a number of options available for how to approach the regulations, including the following:

Defining Formula Businesses and Types of Businesses Regulated. What types of Formula Businesses should be regulated? Some cities prohibit only certain types of formula businesses (such as restaurants) while other cities have placed restrictions on all types of formula businesses (restaurants and retail stores).

Geographic Scope of Regulations. Willthe ordinance apply only to certain zones or be citywide? Many formula business ordinances apply citywide, but they may also be written to apply only to a specific area within the community.

Other Regulatory Tools to Limit Formula Businesses. Should the regulations prohibit formula businesses altogether, cap their number, or make them a conditional use subject to case-by-case review and approval? a
a
o
The following sections provide additional discussion about each of the above considerations. lt is also important to note that cities may also choose to combine these approaches. Coronado, for example, caps the number of formula businesses that are restaurants (no more than 10 at one time) and treats formula businesses that are retail stores as a conditional use.

Should the City Council direct staff to return with options for initiating an ordinance to establish restrictions on formula businesses, choosing the legislative approach determined by the Council to be appropriate for Carpinteria will be a part of the process.

Definino Formtila Busrnesses and Tvnes of Businesses Reoulated Although definitions for formula businesses differ slightly among the various cities and counties with formula business ordinances in effect, a formula business is generally defined as a business that has at least 5 (or 10, or 20, etc.) other existing locations nationwide (at the time of application) and some or all of the following features: a standardized menu, d6cor, uniforms, fagade, etc. across the locations; standardized merchandise; standardized signage, trademark, or othenruise recognizable appearance.s Ordinances also vary in the types of formula businesses that are prohibited or subject to additional requirements. Several cities, including Carmel-by-the-Sea, Pacific Grove, and Coronado partially or fully prohibit formula fast-food restaurants (definitions for which commonly include restaurants that serve food primarily with disposable containers/utensils, serve food in a manner that allows customers to take and eat the food elsewhere, specialize in quick food service, etc.).e Solvang's ordinance specifically 8 See, e.g. City of Ojai Urgency Ordinance No. 919; San Francisco Planning Code $ 303.1 s /d.; see also Pacific Grove City Code 5 23.64.1!5.

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prohibits formula restaurants from its village center1o, while cities like Coronado and Calistoga have separate anti-formula business and anti-formula restaurant ordinances.ll Geographic Scope of Requlations
Cities should also consider the geographic area within their communities that they wish to be subject to restrictions. Cities may establish formula business regulations on a citywide level, or may wish to limit restrictions to certain areas. Many cities focus their formula business restrictions on downtown areas or historic, art, or other special districts to preserve the character of the designated area.12 As an example, San Francisco has limited its formula business restrictions to its neighborhood business districts, allowing formula restaurants and retail stores to populate downtown core and tourist areas.13
Other Iools to Limit Businesses
Additionally, while some cities fully ban at least one type of formula business (most commonly big box stores and formula fast-food restaurants), many cities regulate targeted formula businesses by requiring conditional use permits, which allows for caseby-case review and consideration of proposed formula businesses.la Alternatively, cities may choose to limit the concentration or number of formula businesses that can obtain permits. Arcata, for example, allows no more than g formula restaurants total within the city at any point in time, and only up to 6 in certain neighborhoods.ls Other cities, such as Benicia and Sausalito, regulate by considering the concentration of formula businesses in a given block or district when reviewing the permit application for a proposed formula business.lo As another example, the City of Ojai requires formula businesses to apply for a conditional use permit from the city.iT Following these threshold decisions, an ordinance may be written to consider and weigh several factors, including aesthetics, overall character, economic or cultural benefit it brings to the community, how it impacts traffic, etc.

Existing formula businesses at the time an ordinance is passed may remain permitted as a nonconforming use, often with restrictions on intensification or expansion and requirements that any change to the nonconforming use must conform to the zoning 10 Solvang Municipal Code 5 !!-t2-7.
11 See Calistoga City Code $5 L7.2t-22.
12 S. Mitchell, Formula Business Restrictions, supro.
13 ld.
14 s. Mitchell, Formula Business Restrictions, supro.; see also G. Lefcoe, The Regulation of Superstores: The Legality of Zoning Ordinances Emerging from the Skirmishes between Wal-Mart and the United Food and Commercial Workers Union ("The Regulation of Superstores") (2005), Univ. Southern Cal. Legal Studies Working paper Series, Paper 4.
1s Arcata Municipal Code 5 9.42.164.
16 Benicia Municipal Code I L7.70.350; Sausalito Municipal Code S !0.44.240. 17 City of Ojai Urgency Ordinance No. 919.

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code (like a retail store changing to a restaurant), even if no physical alterations to the building are required.ls
Other Common Factors to When Draftinq Re,sulations
. Limitations to square footage, or the length of the storefront; o Exernptions for specific types of formula businesses like banks, theaters, gas stations, and pharmacies;
o Exempting stretches of highway or other high traffic areas from the ordinance; o Accessibility to motorists or pedestrians; and
. Number of formula businesses on the same block.

More examples of language and other factors can be found in the table included at Attachment A.

Discussion of Citv's Primarv Commercial Zone Districts
When considering the appropriateness and desirability of formula business regulations within the City of Carpinteria, it is important to understand the City's commercial zone districts. The City has two primary commercial zone districts: Commercial Planned Development (CPD) and Central Business (CB) The City's Zoning Map is included as Attachment B.

The purpose of the CPD district is to provide appropriately located areas for office uses, retail stores, service establishments, and wholesale businesses, offering commodities and services required by residents of the City and its surrounding market area. The intent the CPD district is to promote high standards of site planning, architecture, and landscape design for office and commercial developments within the City.

The purpose of the CB district is to address the special needs of the City's central business district or commercial core. This area is often referred to as the City's "Downtown T". Because of the nature of existing commercial development in this area and the nonstandard configuration of existing lots, special landscaping and parking requirements are needed. The intent of the CB district is to provide flexibility and reasonable minimum requirements that reflect the special characteristics of the area.

While new structures and major renovations in both districts require a development plan, tenant improvements within existing structures require only building permits for interior renovations. Exterior changes would likely require a recommendation from the City's Architectural Review Board prior to any other required permits. Other department or Agency approvals (i.e., Environmental Health Department for food service, Fire Department for sprinklers, Sanitary District for grease traps, etc. may also be required). 18 Discretionary Land Use Controls, 5 8.73., Problems Posed by Formula Business Regulations - Nonconforming Stofus.

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Permitted commercial uses for both districts are detailed in the City's zoning code.

Other triggers for a development plan for a new tenant in an existing building include a circumstance where the parking requirement is increased (e.g., a change from general commercial to a restaurant or medical office) or if the new use would result in a concentration of certain uses as specified in Section 14.20.070, Nonconcentration of Certain Uses, in which case (and in accordance with CMC 14.20.070 and 14.62.040), a conditional use permit would be required in lieu of a development plan. ln both districts, adult-oriented businesses are permitted subject to the requirements of Chapter 14.71, Ad u lt-o rie nted B u s i nesses.

Additionally, a single retail store with a total square footage greater than twenty thousand square feet may be permitted in either zone with an approved conditlonal use permit granted by the City Council after a recommendation by the Planning Commission pursuant to chapter 14.20.045, Regulation of size of Retaitsfores.

Chapter 14.62.070 sets forth specialfindings for retail stores over 20,000 square feet that are required to be made in order to approve the conditional use permit:

1. The use and size of the development at the proposed location, enhances the balance of retail and service needs of residents and visitors, and promotes the concentration of use in the downtown area or an existing commercial node;

2. The proposed use will not result in an over-concentration of that type of retail use in a particular area such as a shopping center or commercial district;

3. The proposed use and development provides amenities, services and/or associated on-site or off-site improvements that enhance the unique small beach town character of the community;

4. The proposed use minimizes adverse impacts to traffic such that no existing intersection volume to capacity ratio will decrease by more than five percent, provided however, that no intersection level of service will degrade below a level of service C as defined in the circulation element;
5 Adequate parking is provided on-site by meeting without exceeding the standards set forth in CMC 14.54 and/or other allowed parking programs as provided in the Municipal Code;
6 The proposed development encourages alternative transportation by providing pedestrian and access amenities such as walkways, bus stops and bicycle racks; and

7. The proposed use will not materially adversely affect the economic welfare of the city, its commercial districts, or existing local retail providers based on evidence provided by the applicant and reviewed and accepted by the city.

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The findings made during the enactment of CMC 14.20.045, Regulation of Size of Retail Sfores, included that the ordinance would "foster a competitive and diverse mix of retail establishments, promote a more efficient use of land, and facilitate a safe and comfortable pedestrian scale environment." Similar expanded findings could be made for an ordinance restricting formula businesses.

Gase Study: Citv of Oiai's Formula Business Ordinance
The City of Ojai has had a formula business ordinance in place since 2007 (Attachment C).1e Ojai's regulations define a "formula business" as a commercial business establishment, retail sales, or rental activity/establishment (including restaurants and hotels) with ten or more other establishments, and that contains at least two of the six listed features.20 The features include standardized array of merchandise or menu, standardized fagade, d6cor, uniforms/apparel, signage, and trademark or service mark.

The Ojai ordinance, like many others, does not ban formula businesses outright; instead, the regulations require a formula business to obtain a conditional use permit from the city prior to on-site establishment and operation. This allows the city some level of discretion in determining which formula businesses may establish a presence within the city. The ordinance includes additional limitations for certain types of businesses and establishes a complete ban on "fast-food" formula businesses. Ojai's regulations also limit the location, concentration, and size of a permitted formula business and require the city to consider the balance of small, medium, and large-sized businesses in the city and to carry out the ordinance in accordance with its goal - to "preserve and enhance the city's small town character" and ensure aesthetic integration of new businesses.

The City of Ojai recently passed a moratorium in 2021, extended through August, 2022, which added to the limitations set by the original code (Urgency Ordinance No. 920, Attachment D),. The moratorium is slightly more restrictive on formula businesses; namely, the moratorium changes the definition of a formula business to a business that has five or more establishments in total (rather than ten or more); and those establishments meet at least two of seven listed features. The additional feature added to the original six features named in the original ordinance is "standardized or collective marketing of the business including, but not limited to, via digital and online means, in conjunction with the other qualifying establishments."
The flexibility offered by this approach taken by the City of Ojai's regulations allows for increased discretion when reviewing proposed businesses for conditional use permits.

Limitations like those established in Ojai's regulations could be created in a way that could accommodate a business like Trader Joe's, which would likely qualify as a formula business but which many residents may be interested in attracting to their 1s Ojai Municipal Code S 10-2.1713
20 ld.

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community. For example, allowing "chain" grocery stores only if they are under a certain square footage that would rule out larger box stores like Walmart or Target.

POLICY ISTENCY
Several Policies speak to providing for a range of business activities that are compatible with the City of Carpinteria's small beach town character.

Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding sprawl development at the City's edge.

Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists.

Policy LU-39: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character.

FINANCIAL CONSIDERATIONS
As identified in the Background section of this report, proliferation of formula businesses can have longterm economic consequences for a community. Low-margin businesses that meet the basic needs of surrounding neighborhoods, such as groceis and pharmacies, may be pushed out as rents rise and the area attracts more formula restaurants and other stores. Perhaps of greatest concern, formula businesses tend to be fair-weather friends and can disappear quickly when the economy contracts or their corporate strategy shifts. The risk of formula businesses resulting in a downtown or neighborhood business district losing its distinctive appeal and no longer offering opportunities for independent entrepreneurs could result in loss of customers, fewer business opportunities, and a decline in locally generated tax revenue.

LEGAL AND RISK MANAGEMENT CON DERATIONS
California has a well-established (and judicially upheld) history with formula business restrictions at a city and county level. ln addition to prominent big box store regulations,2l many cities of varying size across the state have enacted prohibitions against "chain" business, including formula retail stores, restaurants, and visitor amenities.

The legal challenges to anti-formula business ordinances have predominantly been constitutional challenges based on the dormant commerce and equal protection clauses.
21 CMC L4'2O.045 - Regulation of size of retail stores: A single retail store with a total square footage greater than twenty thousand square feet may be permitted in the CPD/CB zones if a conditional use permit is approved by the City Council after a recommendation from the planning Commission.

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To adequately pass rational basis review, a city should consider and articulate (in both its rulemaking and comment processes as well as in the final ordinance) the public welfare purpose(s) the ordinance is intended to serve, and specify how the established restrictions will serve those purposes.

These legitimate purposes must then be matched with a rational method of achieving the purposes - for example, limiting the size of businesses or considering their aesthetic appearance are rational means of preserving the character of a historic district within the city, or prohibiting large grocery stores and other retailers is a rational method of protecting local and smaller businesses. Depending on the city's concerns and the ordinance's stated purpose(s), other appropriate approaches may include regulating architectural features, materials, and colors; restricting size and location of signs; regulating the size and location of parking areas; and limiting hours of operation; which may be incorporated as standards stated in the ordinance or applied as conditions for permit approval.

OPTIONS

1. Receive and file the report and provide direction to staff as determined appropriate. For example, the City Council could direct staff to bring back an agenda matter appropriate for it to initiate City legislation concerning restrictions on formula stores.

2. Receive and file the report, The Council may determine to not initiate any action in response the report.

PRINCIPAL PARTIES EXPECTED AT MEETING
N/A

ATTACHMENTS
Attachment A:

Attachment B:

Attachment C:

Attachment D:

Other Anti-Formula Business Ordinances ln California
Carpinteria Zoning Map
City of Ojai Formula Business Establishments Code
City of Ojai Urgency Ordinance No. 920
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staff contact: steve Goggia, Director, community Development Department (805) 755-4414 / [email protected],us
_4;a^a 'Srgnatu-il
Reviewed by: Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as City Attorney
q S/n" { hr,t
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. ca. us
N:\Project Files\2022 (2'139)_Report on Formula Business Restrictions\S.09,2022cc sR.docx 24116090.2
23977043.4
www.bhfs.com
Brownstein Hyatt Farber Schreck, LLP
805.963.7000 main
1021 Anacapa Street, 2nd Floor
Santa Barbara, California 93101

ATTACHMENT A

OTHER ANTI-FORMULA BUSINESS ORDINANCES IN

CALIFORNIA
City/County
(with link to
ordinance)
Cap Year Enacted Ordinance Rules/Restrictions
Arcata No more than 9
formula
restaurants in the
city at any one
time.
2002,
amended in
2021
The nine allowed formula restaurants are
restricted to certain areas and further limited in
certain neighborhoods.

Benicia No more than
one
establishment of
any particular
formula business
in certain areas,
and no
concentration in
formula
businesses in any
vicinity or
citywide.
2007 Formula businesses are only permitted with a
special use permit, requiring such businesses to
complement existing uses and enhance the
economic health of the surrounding area, and
avoid an appearance commonly associated with
strip retail or shopping centers.1
Additional regulations apply to retail sales larger
than 20,000 square feet of gross floor area.2
Calistoga Full ban for
formula
restaurants and
visitor
accommodation
in Downtown and
Community
Commercial
1996, most
recently
amended in
2017.

All formula businesses require a special use
permit, which requires that formula businesses
must be resident-serving, in addition to
requirements to match historical and small town
character of Calistoga in scale and design and be
consistent with and enhance Calistoga’s history
of independent, unique, and single location
businesses.3

1 Benicia Municipal Code § 17.70.350
2 Id. at § 17.70.360.
3 Calistoga City Code § 17.40.
23977043.4
2 City/County
(with link to
ordinance)
Cap Year Enacted Ordinance Rules/Restrictions
Districts; special
use permit
required
elsewhere.

All formula restaurants and formula visitor
accommodations are prohibited in both the
Downtown and Community Commercial
Districts.4
Carmel-by-theSeaFull prohibition of
applicable
restaurants
Mid-1980’s. Carmel-by-the-Sea was the first town in the country to enact a formula restaurant ban, fully
prohibiting fast food, drive-in, and formula food
establishments.5
Coronado No more than 10
formula fast food
restaurants at
one time
2000 The anti-formula business ordinance (Coronado
Municipal Code § 86.55.370) limits some
formula businesses to a maximum of 50 linear
feet of street frontage and two stories in height.

Approval of a special use permit for a formula
business requires compatibility with surrounding
uses, preservation of community’s character and
ambiance, and contribution to an “appropriate
balance of local, regional, or national-based
businesses.”6
Ordinance upheld by CA Appeals Court in 2003.7
Formula fast food restaurants are regulated by a
separate, stricter ordinance (Coronado
Municipal Code § 86.55.360), which caps
qualifying restaurants at a maximum of 10 and
prohibits the opening or relocation of such
restaurants on street corners or in a manner
that will adversely impact land use, traffic, or
the public welfare by “increasing the intensity of
use on the site.”
Malibu No set cap 2018 Other than stated exempt establishments (including grocery stores, gas stations,
pharmacies, banks, movie theaters, etc.), all
new, relocating, and expanding formula retail

4 Id. at §§ 17.21-22.
5 Carmel-by-the-Sea Municipal Code § 17.14.040(I-J); S. Mitchell, Formula Business Restriction – Carmel-by-the-Sea, CA, ILSR https://ilsr.org/rule/formula-business-restrictions/2310-2/ (as of March 31, 2022). 6 Formula Business Restrictions – Coronado, CA, Institute for Local Self-Reliance (“ILSR”) https://ilsr.org/rule/formulabusiness-restrictions/2312-2/ (as of March 22, 2022). 7 Id.
23977043.4
3 City/County
(with link to
ordinance)
Cap Year Enacted Ordinance Rules/Restrictions
establishments require a formula retail
clearance.8
Non-exempt formula retail establishments may
not take up more than a designated percentage
of the total gross floor area of the shopping
center in which it is located.9
A formula retail clearance is transferrable to a
new business of the same land use category,
located in the exact same location (with the
same or less square footage).10
Mendocino
County
Passed Nov.
2016;
effective
August 2017
FB restrictions part of “Community Character
Combining District” ordinance.

Retail and restaurant businesses with 10 or
more locations must seek a minor use permit to
open, which includes a public hearing and
review by county staff to determine whether the
business would “fit with the community’s
character.”
Covers unincorporated areas of the county; does
not cover cities within the county or part of a
highway corridor.11
Ordinance originally passed following a two-year
moratorium on new formula business permits,
during which community members advocated
for additional permit requirements for formula
businesses.12
Ojai No set cap 2007, most
recently
amended in
2012;
More flexible definition of “formula business”
than many other cities – formula businesses
must have at least 10 other establishments and
maintain at least 2 of 6 listed features (the

8 Malibu Municipal Code § 17.61.020.
9 Id. at § 17.61.030.
10 Id. at § 17.61.040.
11 O. LaVecchia, Formula Business Restriction – Mendocino County, CA (“FBR Mendocino”), ILSR https://ilsr.org/rule/formula-business-restrictions/formula-business-restriction-mendocino-countyca/#:~:text=Mendocino%20County%2C%20Calif.%2C%20passed%20a%20formula%20business%20ordinance,outside%20th e%20boundaries%20of%20city%20and%20municipal%20zoning. (as of March 22, 2022). 12 FBR Mendocino, ILSR, supra.
23977043.4
4 City/County
(with link to
ordinance)
Cap Year Enacted Ordinance Rules/Restrictions
moratorium
against new
formula
businesses
until August
of 2022.
current moratorium has increased the list to 8
potential features).

The rules also apply to any formula retail
establishments in existence at the time the
ordinance was adopted.

Pacific Gove 1995 Essentially Pacific Grove’s ordinance prohibits formula fast food chains. Businesses must meet
all four of the listed characteristics (a specialty in
short order or quick service food service,
primary serving in disposable containers, ability
to remove food/beverage products from the
establish for consumption, and contractual
requirement to operate with a standardized
appearance and menu) to be denied a permit.13
San Francisco 2007 Formula businesses restricted in designated neighborhood business districts, but no
restrictions in downtown core and tourist
areas.14
Conditional use, subject to case by case review
by the planning commission.

San Juan
Batista
Complete ban on
drive-through
establishments,
but no set cap for
other businesses
2004,
amended in
2007
The 2004 ordinance included a complete ban on
formula retail stores and restaurants and all
stores over 5,000 square feet.15
Sausalito No set cap; must
not result in
“overconcentration”16
2007 Treats both formula restaurants and retail stores
as “conditional uses,” requiring a special permit
to open or expand these businesses.17

13 Pacific Grove City Code § 23.64.115.
14 Formula Business Restrictions, ILSR, supra.
15 S. Mitchell, Formula Business Restriction – San Juan Bautista, CA, ILSR https://ilsr.org/rule/formula-businessrestrictions/2322-2/ (as of March 31, 2022). 16 Sausalito Municipal Code § 10.44.240.
17 Id.
23977043.4
5 City/County
(with link to
ordinance)
Cap Year Enacted Ordinance Rules/Restrictions
Limits the location of these businesses to
central commercial, shopping center, and
neighborhood districts.18
Sebastopol No set cap 2018 Formula business offices on the ground floor or street front, formula restaurants, and formula
hotels and motels are fully prohibited in the
downtown area.19
Remaining formula businesses may not be
established absent a conditional use permit.

Among the required findings, the proposed use
must be pedestrian-oriented and (as applicable)
help residents and visitors avoid the need to
shop out of town for goods or services.20
Formula businesses of up to 10,000 square feet
located in specified shopping centers do not
require conditional use permits.21
Solvang Completely
prohibited from
designated area
1994 Prohibits formula restaurants from its village
center, stating that “The development of such
restaurants would conflict with the distinct
atmosphere for which Solvang’s Village is
famous.”22
The ordinance prohibits the creation or
expansion of walk-up food service windows,
drive-through facilities, and formula
restaurants.23

18 Id.
19 Sebastopol Municipal Code § 17.340.040.
20 Id. at § 17.340.040.
21 Id. at § 17.340.030.
22 S. Mitchell, Formula Business Restriction – Solvang, CA (“FBR Solvang”), ILSR https://ilsr.org/rule/formula-businessrestrictions/2325-2/ (as of March 22, 2022). 23 Solvang Municipal Code § 11-12-7.
¹º
¹º
¹º
¹º
Aragon Dr
Reynolds
Ave
Linden Ave
Alva
St
Venice Ln
Nantucket
Ct
U
1 S Hwy
01 El Carro Ln
Santa
Rosa Ln Ogan Rd
Calle Pacific
La Brea Ln
Cove St
Elm Ave
US Hwy 101
Seacoast W
Via Marc
y
ina
La Quinta Dr
Haida
St
Sterling Wy
Arozena
Ln
Oak Ave
Harbor Dr
Palm Ave
Calle Del Sur
La Tierra Ln
Linden Ave
Carpinteria Ave
Wullbrandt
Wy
Myra
St
Kathy
St
Santa Ynez Ave
Taranto
Cir
Linden Ave
Casitas Ln
Elm Ave
Via Rubio
Vallecito Ct
Holly Ave
Palmetto
Wy
Ash Ave
Via Stevarino
La
Jolla
Pl
Via
Elsie
El Carro Ln
Pandanus
Calle
Dia
Linden
Ave
Camino
Trillado
Dahlia
Ct
Via Real
La Pala Ln
June
Ave
Byrnes
Ln
Via
Maria
Callejon
Ave
Calle Ocho
Post
Ave
Verano
Dr
Delta
Ave
Estero
Wy
Nipomo Dr
Chaney
Ave
Ceda
P
r
l
Bailard Ave
Cambridge Ln
Juniper
Pl
Concha
Loma
Dr
Calle
Rey
Mar
Poplar St
Vallecito
Rd
Cameo Rd
Andrea
St
Dariesa St
Arbol Verde St
Eleanor Dr
Seacliff
Dr
Maple
Ave
Holly Ave
Birch St
Walnut Ave
Shemara St
Jay St
Mesa Ln
Via
Latina
Concord
Pl
Via Linda
Malibu Dr
Plum
St
Ocean
View
Dr
Willow Pl
E
C
s
alle Del
pacio
Carnation
Pl
Begonia
Pl
Sixth St
Sawyer Ave
Retorno
Dr
Hales Ln
Pacific
View
Dr
Calle
De Los
Vientos
E
Calle De
strellas
Dorrance Wy
D
Calle
e La
Mar
Seventh St
Beach St
Fifth St
Theresa
St
Canalino
Dr
Fourth St
Fourth St
Anita
St
Ash
Ave
US Hwy
101
Lomita
Ln
US
10 Hwy
1 La
Manida
Pier St
Trieste
Ln
Granada Wy
Ninth St
Eighth St
Third St
Vallecito Rd
Westcliff Dr
Fifth St
Sandyland Rd
Coast Dr
Azalea
Dr
Mark Ave
Silver
Sands
Mhp
Rincon Rd
Pandanus St
Trieste Ln
La
Paloma
Dr
Manzanita
St
Sterling Ave
Fiesta Dr
Vallecito
Pl
Via Real
Lem
on Dr
V
Meadow
iew Ln
Casitas Pass Rd
Eugenia Pl
Upson Rd
Pacific Village Dr
Oakwood Dr
Cindy Ln
Eucalyptus St
Rogue Dr
Vallecito
Rd
Cramer Cir
Lomita
Ln
Avenue Del Mar
Bayside
Dr
Carpinteria
Creek Dr
Racquet
Club Dr
Casitas Pass Rd
Rose Ln
Jacaranda Wy
Lemonwood Dr US
Hwy 101
Tomol Dr
Chapparal Dr
Harbor Dr
Camino
Carreta
US Hwy 101
Linhere
Dr
Limu
Dr
Star Pine Rd
Via El
Rincon
Sandpiper Dr
Silver
Sands
Mhp
Camellia Cir
Hickory
St
Sunset Dr
Franciscan Ct
Canalino Dr
Catlin Cir
Calle Del
Norte
Gobernador
Canyon Rd
Calle Arena
Lomita Ln
Via Real
Fourth St
Pacific
View
Dr
Cate Mesa
Sand Pointe Rd
Dump Rd
Santa Monica Rd
Sandyland
Cove
Rd
Via
Ricardo
Lillingston Canyon Rd
Cravens Ln
Foothill Rd
RES
M-RP
REC
REC
PUD
PUD
M-CD
M-CD
CF
REC
CPD
CPD
REC
PRD-20
6-R-1
6-R-1
6-R-1
6-R-1
PRD-15
REC
REC
M-RP
20-R-1
M-RP
MHP
PRD-20
PRD-13 PRD-20
REC
PRD-20
PRD-20
A-10
REC
REC
MHP
A-5
8-R-1
8-R-1
CPD
CPD
PRD-20
6-R-1
6-R-1
CF
CPD
CB
PRD-20
CPD
CF
PRD-20
6-R-1
PRD-20
CF
UT
CPD
PRD-10
PRD-20
CF
M
CPD
M
PRD-20
CPD
PRD-20
CF
PRD-20
CB
CPD
CB PRD-20
CB
PRD-13
CB
PRD-20
PRD-18
CPD
6-R-1
PRD-15
PRD-13
PRD-15
CF
PRD-20
PRD-20
REC
CPD
PRD-15
CPD

CPD CPD
PRD-20
MHP
PRD-20
CPD/R
CPD/R
CPD/R
PRD-20
PRD-20
PRD-20
PRD-20
MHP
REC
PRD-20
REC
8-R-1
7-R-1
7-R-1
UT
7-R-1
7-R-1
8-R-1
7-R-1
7-R-1
8-R-1
8-R-1
8-R-1
8-R-1
REC
PUD-5
7-R-1
CF
8-R-1
7-R-1 CF
7-R-1
7-R-1
7-R-1
REC
PUD-4.6
PRD-4
CF
7-R-1
UT
CF
7-R-1
7-R-1
7-R-1
7-R-1
7-R-1
7-R-1
REC
PRD-20
4-R-1
CPD
UT
PRD-10
REC
7-R-1
7-R-1
7-R-1
7-R-1
CPD/R
CPD/R
PUD
PUD
6-R-1
MHP
PRD-15
4-R-1
µ
0 1,000 2,000 4,000 Feet 1 inch = 701 feet
P a c i f i c O c e a n
Carpinteria Salt Marsh
City of Carpinteria Zoning Districts
2016

CARPINTERIA AVE

ZONING DISTRICTS
Industrial
M General Industrial District
M-CD Coastal Industrial District
M-RP Industrial/ Research Park District
Commercial
CPD Commercial Planned Development District
CB Central Business District
CPD/R Commercial Planned Development District/ Residential Overlay RES Resort District
Other
UT Public Utility District
A-10 Agricultural - Minimum 10-Acre Parcel
REC Recreation District
A-5 Agricultural - Minimum 5-Acre Parcel
CF Community Facility District
Residential
PRD-13 Planned Residential Development District - Maximum Density 13 Units/Acre 8-R-1 Single Family Residential District - Minimum Lot Size 8,000 square feet PRD-10 Planned Residential Development District - Maximum Density 10 Units/Acre PUD Planned Unit Development District
7-R-1 Single Family Residential District - Minimum Lot Size 7,000 square feet PRD-20 Planned Residential Development District - Maximum Density 20 Units/Acre 6-R-1 Single Family Residential District - Minimum Lot Size 6,000 square feet 4-R-1 Single Family Residential District - Minimum Lot Size 4,000 square feet 20-R-1 Single Family Residential District - Minimum Lot Size 20,000 square feet PRD-4 Planned Residential Development District - Maximum Density 4 Units/Acre PRD-18 Planned Residential Development District - Maximum Density 18 Units/Acre PUD-4.6 Planned Unit Development District - Maximum Density 4.6 Units/Acre PUD-5 Planned Unit Development District - Maximum Density 5 Units/Acre PRD-15 Planned Residential Development District - Maximum Density 15 Units/Acre MHP Mobile Home Park Planned Development District

CITY BOUNDARY
Schools
¹º Elementary School
¹º High School
¹º Middle School
Revised & Published 10-20-16
Reflects following revisions:

LCP-4-CPN-14-0832-1 (Consistency Rezone) and
LCP-4-CPN-15-0018-1 (Linden/Casitas)
Attachment C
Ojai Municipal Code Sec. 10-2.1713. Formula business establishments. (a) Purpose. The purpose of this section is to regulate the location and design of formula business establishments in order to maintain the tourist attracting small town character of the City, the diversity of the community’s unique commercial areas and quality of life for visitors and residents.
(b) Regulation.
(1) A formula business may only be established on a site after obtaining a conditional use permit from the City for the operation of that use on such site, subject to the limitations of this section. Change of ownership, by itself, shall not require obtaining a conditional use permit pursuant to this section.
(2) No permit application of any kind shall be accepted or processed for a formula business that also possesses at least two of the following characteristics:
(i) Specializes in short order or quick service food and/or drink; (ii) Serves food and/or drink primarily in paper, plastic or other disposable containers; and (iii) Payment is made by customers before food and/or drink is consumed. (3) In addition to the findings required by Section 10-2.2406 as prerequisite to the issuance of a conditional use permit, the Commission shall make all of the following findings prior to the issuance of a conditional use permit for a formula business:
(i) The proposed formula business will not result in an over-concentration of formula business establishments in its immediate vicinity or in the City as a whole; (ii) The proposed formula business will contribute to an appropriate balance of small, medium and large-sized businesses in the City; and
(iii) The proposed formula business has been designed to preserve and enhance the City’s small town character and to integrate existing community architectural and design features which will preserve such character for the City’s residents and visitors. (4) The Commission may promulgate regulations to further define the scope and meaning of the foregoing findings to ensure consistent implementation of this subsection. (5) No conditional use permit shall be issued for a use that is a formula business located within the area of the Downtown Commercial land use designation of the City’s General Plan if either of the following are true: (i) such establishment has street-level frontage exceeding twenty-five (25) linear feet on any street, or (ii) the useable area of the building or structure Page | 2
wherein the formula business is to be located exceeds two thousand (2,000) square feet. For purposes of this section, “street level frontage” shall include frontage on private parking lots and access ways where the commercial building does not abut a public street. (6) Except as provided in subsection (b)(5) of this section, no conditional use permit shall be issued for a use that is a formula business if such establishment exceeds ten thousand (10,000) square feet of net total floor area.
(c) Applicability. This section is in addition to, and not in replace of, any other regulations set forth elsewhere in this title. In the event of a conflict between the provisions of this section, and any other regulations in this title, the provisions of this section shall prevail. (d) Definitions. “Formula Business” means a type of commercial business establishment, retail sales or rental activity and retail sales or rental establishment, including restaurants, hotels and motels, which, along with ten (10) or more other establishments, maintains two (2) or more of the following features: (i) standardized array of merchandise or standardized menu; (ii) standardized facade; (iii) standardized décor or color scheme; (iv) uniform apparel; (v) standardized signage; or (vi) trademark or service mark; provided, however, a “formula business” shall not include an automated, standalone vending machine. (1) “Standardized array of merchandise” means fifty (50%) percent or more of in-stock merchandise from a single distributor bearing uniform markings. (2) “Trademark” means a word, phrase, symbol or design, or a combination or words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.
(3) “Servicemark” means a word, phrase, symbol or design, or a combination or words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.
(4) “Decor” means the style of interior finishings, which may include but is not limited to, style of furniture, wallcoverings or permanent fixtures. (5) “Color scheme” means selection of colors used throughout, such as on the furnishings, permanent fixtures, and wallcoverings, or as used on the façade. (6) “Façade” means the face or front of a building, including awnings, looking onto a street or an open space.
(7) “Uniform apparel” means standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags) as well as standardized colors of clothing.
(8) “Signage” means a “business sign” as defined in Section 10-2.1607(c) of this Code.

Page | 3
(9) “Standardized” does not mean identical, but means “substantially the same.” (e) Existing formula retail establishments. Formula business establishments existing on the date of adoption of the ordinance codified in this section are subject to Title 10, Chapter 2, Article 13 (Nonconforming Uses, Structures, and Parcels) of this Code. (f) Burden of proof. In the event the City determines that a permit application or permit subject to this section is for a formula business, the permit applicant or holder bears the burden of proving to the City that the proposed or existing use does not constitute a formula business. (§ 2, Ord. 798, eff. December 27, 2007, as amended by § 2, Ord. 808, eff. October 22, 2009, § 2, Ord. 819, eff. April 27, 2012)

City of Carpinteria
Courrrcn- Aceuol Srnrr Reponr
May 9,2022

ITEM FOR COUNCIL CONSIDERATION
Amendment to the City Manager Employment Agreement

STAFF RECOMMENDATION
Approve the attached Seventh Amendment to the Employment Agreement for the City Manager.

Sample Motion: I move to accept staffs oral report summarizing the seventh amendment to the July 22,2013, City Manager Employment Agreement and move to approve said 7th amendment.

BACKGROUND
The City Manager is hired directly by the City Council pursuant to the terms of the Employment Agreement.

The City Council wishes to consider changes to the City Manager contract in order to (a) make a merit-based salary increase, and (b) adjust compensation for market conditions.

DISCUSSION
The proposed amendment would change the terms of the City Manager Employment Agreement effective July 1 ,2021. The changes to the terms of the Employment Agreement are as follows:

The annual vehicle allowance amount of $8,400 will end effective July 1 ,2021.

However, the $8,400 will be added to the annual base wage compensation effective July 1 ,2021.

A3% annual merit increase to base wage plus $8,400 effective July 1 ,2021, for a new annual base wage from $173,263.20 to $186,861.10.

Flexible Benefit Program Allowance will be aligned and utilized in a manner consistent with the provisions applicable to other management personnel of the City.

Employee leave bank will increase to thirty-six (36) days effective July '1 ,2021. a
a
a
City Manager Seventh Amendment Employment Agreement
May 9,2022
Page2

POLICY CONSISTENCY
N/A
FINANC IAL CONSIDE toNs
The proposed merit increase is consistent with the budgeted amount for City Manager compensation.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management considerations presented in this report.

OPTIONS
1' Adopt and approve the seventh amendment to the July 22,201g, City Manager Employment Agreement.
2' The City Council could choose not to approve the seventh amendment of the City Manager Employment Agreement.

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

ATTACHMENTS
Attachments A Seventh Amendment to the July 22,2013, City Manager Employment Agreement
Staff contact:

Laura Hernandez, Human Resources and Risk Manager
[email protected] nteria.ca. us, 805-755- 4404
Signa
Reviewed by:

Licette Maldonado, Administrative Services Director
LicetteM@ci. carpi nteria. ca. us, 80S-7S5- 4449
Signature
C:\Users\Teresai\AppData\Local\Microsoft\Windows\lNetcache\Content.Ouflook\OV5OCO6Z\CM Amend ment Staff Report 5.09.2022.docx
.J"o

ATTACHMENT A

SEVENTH AMENDMENT TO
EMPLOYMENT AGREEMENT OF JULY 22,2013

CITY MANAGERO CITY OF CARPINTERIA
THIS SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this 9th DAY OF MAY 2022 by and between THE CITY OF CARPINTERIA ("City") and DAVE DURFLINGER ("Employee") at Carpinteria, California, with reference to the following facts and intentions:

A. Employee serves as City Manager for City
B. The City and Employee wish to amend the terms of Employee's Employment Agreement as set forth below.

NOW, THEREFORE, in consideration of the above Recitals and of the mutual promises and conditions of this Seventh Amendment, IT IS AGREED as follows:

1. Section 5 - Compensation. The following provisions of Section 5, Compensation, shall be amended to read as follows:
a. Salarv - Effective July 1, 2021, Employee shall be paid at the rate of Seven Thousand One Hundred Eighty-Six Dollars and Ninety-Seven Cents ($7,186.97) bi-weekly, which equals to One Hundred Eighty-Six Thousand Eight Hundred Sixty-One Dollars and Ten Cents ($186,861.10) per year ("Base Salary").
d. Flexible Benefit Prosram Allowance - Effective July l, 202I, employee will be enrolled in a flexible benefit program, and credited with a flexible benefit program annual allowance of One Thousand Two Hundred Eight Four Dollars ($1,284.00). This allowance may be utilized in a manner consistent with the provisions applicable to management personnel of the City, and will be increased in the amount of any increases in allowance granted to other management personnel.

All other Sections of the Employment Agreement, as amended, shall remain unchanged and in full force and effect.

2. Section 6 - Benefits. The following provisions of Section 6, Benefits, shall be amended to read as follows:
d. Leave Bank-Effective July l, 2021, employee shall be granted a leave bank ofthirtysix (36) days, which will be granted to Employee on the effective date of this Amended Agreement and at the beginning of each fiscal year thereafter. Employee shall have the same leave bank cash out options, leave accumulation rights, and treatment of accrued leave upon termination as granted to other management personnel of the City. 22199864.1
All other Sections of the Employment Agreement, as amended, shall remain unchanged and in full force and effect.

3. Section 7 - Use of Vehicle. The following provisions of Section 7, Use of Vehicle, shall be amended to read as follows:
a, Vehicle Allowance - Effective July 1, 2021, the annual vehicle allowance will no longer be provided.

All other Sections of the Employment Agreement, as amended, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment to the Employment Agreement of May 9,2022, on the date first written above. ''CITY''
City of Carpinteria
By:

Wade Nomura, Mayor
Date:

APPROVED AS TO FORM
City of Carpinteria
By:

Jena ShoafAcos, on behalfof
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
Dave Durflinger, City Manager
''EMPLOYEE''
City Manager
B
Date
2 22199864.1
Upcoming Legislative Heari ngs
Home / Advocacy / Take Action / Upcoming Legislative Hearings Bills of rnterest to cities, April 27-May 5
Lawmakers are racing to meet an end-of-April deadline. Legislator must send any bills with fiscal impacts to appropriations committees by April 29 but will have little time to rest. Another important deadline is just around the corner, as committees must hear any non-fiscal bills introduced in their house by May 6.

Dozens of priority bills are up for consideration, including measures related to parking requirements, bridge funding, and an organic waste product database. A full list of upcoming meetings on bills of interest to cities is below this summary of priority bills.

Two similar proposals, SB 1067 (Portantino) and AB 2097 (Friedman), would sig nificantly restrict parking requirements within one half-mile of public transrt. Currently, the bills' authors define public transit as a high-quality transit corridor with a 15-minute interval, or a major transit stop, such as a ferry terminal or rapid transit stop, with 1S-minute intervals. Cal Cities opposes both measures.

Cal Cities supports AB 2120 (Ward), which would direct 55o/o of the bridge funds headed to California from the Infrastructure lnvestment and Jobs Act to local projects through a needs-based allocation. The bill would also require the state to maintain its current commitment of flexible federal highway funding for local bridges. lf enacted, these changes would increase the amount of federal funding available for local bridges from approximately $300 million annually to an estimated $800 million.

Lawmakers will also consider AB 1985 (Rivas, Robert), a Cal Citiessponsored bill that would help cities with their SB 1383 (Lara, 2016) procurement requirements. The measure would create an online database of organic waste products on the market across the state, allowing cities to connect directly with community members seeking organic waste products, such as compost or much.

Cal Cities opposes AB 2328 (Flora). As introduced, the bill would preempt cities from prohibiting or meaningfully regulating "home experience sharing units," private properties such as pools or basketball courts that are rented for short periods of time. AB 2328 creates a broad preemption that poses health, safety, and litigation risks. These types of short-term experience offerings are not yet widespread in California and more information is needed for state and local leaders to craft informed policies.

A full list of upcoming meetings on bills of interest to cities is available below.

Wednesday, Apri,27
Senate Housing, 9.00 a.m. , 1021 O Street, Room IZOO
. SB 1067 (Portantino) Housing development projects:
automobile parking requirements
Cal Cities Position: OPPOSE
Senate Health, 1:00 p.m. , 1021 O Street, Room 1200
. sB 1282 (Bates) opioid Master setflement Agreement
Cal Cities Position: OPPOSE
Assembly Appropriations, 9:00 a.m. , 1021 o street, Room 11oo . AB 1670 (Bryan) Criminal justice: Commission on
Alternatives to I ncarceration
Cal Cities Position: SUPPORT
. AB 1740 (Muratsuchi) Catalytic converters
Cal Cities Position: SUPPORT
. AB 1751 (Daly) Workers' compensation: COVID-19: critical workers
Cal Cities Position: OPPOSE UNLESS AMENDED
. AB 1953 (Maienschein) Drinking water: accessible water bottle refill stations
Cal Cities Position: OPPOSE UNLESS AMENDED
. AB 1985 (Rivas, Robert) Organic waste: list: available p rod ucts
Cal Cities Position: SPONSOR
. AB 2062 (Salas) Local law enforcement hiring grants
Cal Cities Position: SUPPORT
. AB 2120 (Ward) Transportation finance: federal funding:
bridges
Cal Cities Position: SUPPORT
. AB 2381 (Daly) Address confidentiality
Cal Cities Position: SUPPORT
. AB 2693 (Reyes) COVID-19. exposure
Cal Cities Position: OPPOSE
Assembly Housing and Community Development, 9:00 a.m., State Capitol, Room 126
. AB 1748 (Seyarto) Exempt surplus land. regional housing need
Cal Cities Position: SUPPORT
. AB 2097 (Friedman) Residential and commercial
development: remodeling, renovations, and additions:
parking requirements
Cal Cities Position: OPPOSE
. AB 2234 (Rivas, Robert) Planning and zoning: housing:
postentitlement phase permits
Cal Cities Position: OPPOSE
Assembly Communications and Conveyance, 1:30 p.m., State Capitol, Room 437
. AB 1934 (Rodriguez) Office of Emergency Services:
broadband communications grant program: fairgrounds
Cal Cities Position. SUPPORT
Assembly Local Government, 1:30 p.m., State Capitol, Room 447 . AB 1944 (Lee) Local government: open and public meetings Cal Cities Position: SUPPORT
. AB 2328 (Flora) Local ordinances: home experience sharing Cal Cities Position: OPPOSE
Monday, May 2
Senate Appropriations, 10 a.m., 1021 O Street, Room 2200 . SB 1047 (Limon) Early learning and care
Cal Cities Positron: SUPPORT
Assembly Revenue and Taxation,2.30 p.m., State Capitol, Room 126
a AB 2BB7 (Garcia, Eduardo) Public resources: Sales and Use Tax Law. exclusions
Cal Cities Position: GONCERNS

CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013

REGULAR MEETING AGENDA
MONDAY, MAY 9, 2022
5:30 P.M.

1. Call to order and roll call.

2. Confirmation of legal noticing and procedural requirements of meeting.

3. Public Comment – This is the time for public comments on matters not otherwise on the agenda but within the subject matter of the Carpinteria Library Board of Trustees.

4. Approval of minutes of the special meeting and regular meeting held April 11, 2022.

5. Update on the Library Transition Process (verbal report).

6. New Business & Discussion

7. Adjournment.

The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, May 5, 2022 on the City’s Website:
https://carpinteria.ca.us/city-hall/agendas-meetings/. The Carpinteria Library Board of Trustees agenda and staff reports are part of the City Council agenda for its regular meeting of May 9, 2022. Please see “TEMPORARY ADJOURNMENT FOR THE

PURPOSE OF HOLDING THE MONTHLY MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES.” Details and procedures on how to provide public comment and participate in the meeting through telephonic means are available on the posted City Council agenda at https://carpinteria.ca.us/city-hall/agendas-meetings/.

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact Brian Barrett, City Clerk at [email protected] or (805) 755-4446. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.

CARPINTERIA LIBRARY BOARD OF TRUSTEES

SPECIAL MEETING MINUTES
MONDAY, APRIL 11, 2022
Carpinteria Community Library
5141 Carpinteria Avenue, Carpinteria, CA 93013
and
Veterans Memorial Hall
941 Walnut Avenue, Carpinteria, CA 93013

1. Call to order and roll call.

The tour began at 3:07 pm at the Carpinteria Community Library with only Boardmember Carty and staff present.

Boardmembers present: Boardmember Natalia Alarcon (arrived at 3:53 pm) Boardmember Gregg A. Carty
Boardmember Roy Lee (arrived at 3:41 pm)
President Wade T. Nomura (arrived at 3:33 pm)
Boardmembers absent: Vice President Al Clark
Staff members present: Michael Ramirez, Assistant Chief Executive Officer Brian C. Barrett, Secretary
Matt Roberts, Parks, Recreation and Public Facilities
Director
Tiffany Smith, Parks, Recreation and Public Facilities
Supervisor
Jody Thomas, City Librarian
Eric Castro, Community Engagement Library
Specialist

2. Confirmation of legal noticing and procedural requirements of meeting.

Secretary Barrett acknowledged that all legal noticing and procedural requirements have been met.

3. Public Comment Period
There was no public comment.

4. Tour of Carpinteria Community Library and Veterans Memorial Hall.

Library Board of Trustees Special Meeting Minutes
April 11, 2022

Page 2 ends

The tour continued into the Veterans Memorial Hall building where President Nomura arrived at 3:33 pm, Boardmember Lee arrived at 3:41 pm and there was a quorum of the Library Board of Trustees. Boardmember Alarcon arrived at 3:53 pm outside the Veterans Memorial Hall Building and the four Boardmembers and staff continued to the grass area in between the Veterans Memorial Hall building and the Carpinteria Valley Museum.

5. Adjournment
At the conclusion of the tour, President Nomura adjourned the meeting at approximately 4:00 pm.
________________________________
Brian C. Barrett, CMC, Secretary

CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013

REGULAR MEETING MINUTES
MONDAY, APRIL 11, 2022

1. Call to order and roll call.

President Nomura called the meeting to order at 7:00 pm.

Boardmembers present: Boardmember Natalia Alarcon
Boardmember Gregg A. Carty
Boardmember Roy Lee
Vice President Al Clark
President Wade T. Nomura
Staff members present: Michael Ramirez, Assistant Chief Executive Officer Jena Shoaf Acos, on behalf of Brownstein Hyatt
Farber Schreck, LLP acting as City Attorney of
the City of Carpinteria
Brian C. Barrett, Secretary
Jody Thomas, City Librarian

2. Confirmation of legal noticing and procedural requirements of meeting.

Secretary Barrett acknowledged that all legal noticing and procedural requirements have been met.

3. Public Comment
There was no public comment.

4. Approval of minutes of regular meeting held March 14, 2022.

Motion by Boardmember Lee, seconded by Vice Mayor Clark, to approve the minutes of the regular meeting held March 14, 2022. The roll call vote was as follows:

AYES: Boardmember Alarcon, Boardmember Carty, Boardmember Lee, Vice President Clark, and President Nomura
NOES: None
ABSENT: None
Library Board of Trustees Regular Meeting Minutes
April 11, 2022

Page 2 ends

ABSTAIN: None
The motion carried unanimously.

5. Update on the Library Transition Process (verbal report).

City Librarian Thomas reported on the following:
• Approximately 150 volunteers worked about 15 days re-barcoding 12,350 items.
• Library cards are available for patrons.
• Current Santa Barbara Public Library card holders have until this Wednesday at 5 pm to set up their current account to remain active with Santa Barbara Public Library.
• Library operations will be moving to the Community Room the weekend of April 23rd and 24th and Santa Barbara Public Library will continue to provide a version of services during that time.
• The rest of the materials in the library will be packed up for painting and other work that will be done.
• Currently working on setting up accounts for service providers for electronic materials.
• Will open up recruitment for part time staff this week. • Researching compensation for the Library Advisory Boardmembers and anticipate returning to the next Council meeting.
• Training on the new library system.
• Begun calendaring outreach events for July with youth in the community.

Boardmember Carty asked if there would be an open house for the Library opening. Librarian Thomas answered affirmatively that the celebration would happen she anticipated on July 1st.

6. New Business & Discussion
There was no new business or discussion.

7. Adjournment.

President Nomura adjourned the meeting at 7:07 p.m.
________________________________
Brian C. Barrett, CMC, Secretary

Carpinteria City CouncilMay 9, 2022

Carpinteria City Council
May 9, 2022