Agenda packet — Carpinteria City Council, July 11, 2022 (part 1 of 2)

City of Carpinteria
City Council Regular Meeting Agenda
Monday, July 11, 2022
Council Chamber, 5775 Carpinteria Avenue
4:00 p.m. Closed Session - 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
July 11, 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 and through the City’s Zoom webinar.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENT ON CLOSED SESSION MATTERS

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.

Based on existing facts and circumstances, the legislative body is deciding whether to initiate litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case. Pursuant to Government Code Section 54956.9 (a), and based on advice from legal counsel, the City Council finds that discussion in open session will prejudice the position of the City in the litigation.

Participants: Dave Durflinger, City Manager, Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber Schreck, acting as City Attorney of the City of Carpinteria, and Michael Ramirez, Assistant City Manager.

2. CONFERENCE WITH LABOR NEGOTIATOR(S)
Government Code Section 54957.6; City Negotiator(s): Dave Durflinger, City Manager, Michael Ramirez, Assistant City Manager, and Laura Kalty with Liebert Cassidy Whitmore; Employee Organization: Service Employees International Union (SEIU) Local 620

TEMPORARY ADJOURNMENT TO CLOSED SESSION

CALL TO ORDER

ROLL CALL

CLOSED SESSION REPORT
City Council Regular Meeting Agenda
July 11, 2022

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PLEDGE OF ALLEGIANCE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE

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

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

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

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.

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3. Approve the minutes of the special City Council meeting of June 23, 2022.

4. Approve the minutes of the regular City Council meeting of June 27, 2022.

5. Receive and file the Expenditures for the period beginning June 18, 2022 and ending July 1, 2022.

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

7. Adoption of the attached Resolution No. 6148, authorizing signers on City bank accounts.

ADMINISTRATIVE MATTERS:

8. Agreement with Sweeping Corporation of America for Street Sweeping Services.

Recommendation: Authorize the City Manager to Execute a One-Year Agreement with Sweeping Corporation of America for Street Sweeping Services in an Amount Not-To-Exceed $218,868.85 (This motion requires a roll call vote.) Staff Presenter: Erin Maker, Environmental Program Manager a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING:

9. Adoption of Resolution No. 6146, initiating Changes to Carpinteria Municipal Code, Title 14: Zoning Regulations, concerning the regulation of Formula Businesses in Carpinteria.

Recommendation: Adopt Resolution No. 6146 (Attachment A), initiating amendment to the Carpinteria Local Coastal Program, including, but not limited to, the Zoning Code, regarding Formula Businesses in Carpinteria.

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

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10. Issuance of the Government Code Section 65858(d) Report, describing the measures taken to alleviate the conditions that lead to Ordinance No. 755, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City of Carpinteria, with the exception of Casitas Plaza and the Shepard Place Shops.

Recommendation: Approve issuance of the Government Code Section 65858(d) Report, describing the measures taken to alleviate the conditions that led to Ordinance No. 755.

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

11. Acceptance of the Dune and Shoreline Management Plan.

Recommendation: Accept the Dune and Shoreline Management Plan.

Staff Presenter: Erin Maker, Environmental Program Manager a. Staff Report
b. Public Comment
c. City Council Determination

12. Approval of Measure A Project Cooperative Agreement to receive Measure A Cycle 5 funds.

Recommendation: Approve and authorize the Mayor to sign the Measure A Project Cooperative Agreement with the Santa Barbara County Association of Governments to receive $275,188 of Measure A Cycle 5 funds.

Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

13. Review of home sales prices and adjusting the 2022 in-lieu affordable housing fee pursuant to Carpinteria Municipal Code Chapter 14.75, Inclusionary Housing Requirement, and, if desired, adopt Resolution No. 6147, as read by title only, adjusting the 2022 affordable housing in-lieu fees for condominiums and singlefamily dwellings.

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Recommendation: Receive and file the report on the City’s home sales prices for 2021 and adjust the 2022 affordable housing in-lieu fee for condominiums and single-family dwellings.

Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.

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) City Council Regular Meeting Agenda
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c. City Council/School Board Committee (Lee & Alarcon)
d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Carty) f. City Council Finance/Budget Committee (Carty & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura/Alt. Carty) (PC: Benefield and Callender) (ARB: Reginato and Stein)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Clark & Lee) (PC: Allen/Callender)
j. Public Facility Site Acquisition/Development Committee (Carty & Nomura)

3. Ad Hoc Committees
a. COVID-19 Communications Committee (Clark & Nomura)
b. Harbor Seal Advisory Committee (Clark & Lee)
c. 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 July 25, 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, July 6, 2022, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.

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

REGULAR MEETING AGENDA
MONDAY, JULY 11, 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 regular meeting held June 13, 2022 and the special meeting held June 27, 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, July 7, 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 July 11, 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
5775 Carpinteria Avenue
Carpinteria, CA 93013

REGULAR MEETING MINUTES
MONDAY, JUNE 13, 2022

1. Call to order and roll call.

Vice President Clark called the meeting to order at 6:58 pm.

Boardmembers present: Boardmember Natalia Alarcon
Boardmember Gregg A. Carty
Boardmember Roy Lee
Vice President Al Clark
Boardmembers absent: President Wade T. Nomura
Staff members present: Dave Durflinger, 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 the regular meeting held May 9, 2022.

Motion by Boardmember Lee, seconded by Boardmember Carty, to approve the minutes of the regular meeting held May 9, 2022. The roll call vote was as follows:

AYES: Boardmember Alarcon, Boardmember Carty, Boardmember Lee, and Vice President Clark
NOES: None
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June 13, 2022

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ABSENT: President Nomura
ABSTAIN: None
The motion carried.

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

City Librarian Thomas reported on the following:
• Painting inside library almost done.
• New carpet being installed Wednesday.
• Water bottle dispensing station, drinking fountains, and on-demand water heaters are ready to be installed.
• Book drop has been powder-coated in Carpinteria green. • Additional ports, ethernet, and cabling being installed. • Books and furniture will be delivered to library on Saturday. • IT Team connecting technology next week.
• Building will be power-washed and windows cleaned.
• Conditional offers made to two Library Technicians.
• Library Technician position recruitment opened again with requirement of bilingual English/Spanish speaking.
• Some library furniture ordered will be arriving this Fall. • Service desk will not be ready for the reopening celebration and staff is working on a secondary plan.
• Library hours will be reduced until the library is fully staffed. • Library Advisory Commission recruitment can begin once Council adopts Ordinance No. 756.
• Library opens July 1st and pilot reading program for struggling readers begins July 5th.
• Reopening celebration on July 16th from 1 to 4 pm.

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

7. Adjournment.

Vice President Clark adjourned the meeting at 7:05 p.m. ________________________________
Brian C. Barrett, CMC, Secretary

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

SPECIAL MEETING MINUTES
MONDAY, JUNE 27, 2022

1. Call to order and roll call.

Mayor Nomura called the meeting to order at 10:17 pm.

Boardmembers present: Boardmember Natalia Alarcon
Boardmember Gregg A. Carty
Boardmember Roy Lee
Vice President Al Clark
President Wade T. Nomura
Staff members present: Dave Durflinger, 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. Adoption, by minute order, of existing core policies for use by the Carpinteria Community Library, until which time the Library Advisory Commission (LAC) can review and recommend new policies for adoption.

Recommendation: Adoption, by minute order, existing core policies for use by the Carpinteria Community Library until which time the Library Advisory Commission can review and recommend new policies for adoption.

City Librarian Thomas presented the staff report.

Library Board of Trustees Special Meeting Minutes
June 27, 2022

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There was no public comment.

Motion by Boardmember Lee, seconded by Vice President Clark, to adopt, by minute order, existing core policies for use by the Carpinteria Community Library until which time the Library Advisory Commission can review and recommend new policies for adoption. The voice vote was as follows:

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

City Librarian Thomas announced that the Library would have a soft-opening on July 1st followed by an opening celebration on July 16th.

5. Adjournment.

President Nomura adjourned the meeting at 10:23 p.m.
________________________________
Brian C. Barrett, CMC, Secretary
City of Carpinteria
City Council Minutes
Special Meeting
Monday, June 23, 2022
In-Person and Virtual

CALL TO ORDER
Mayor Nomura called the meeting to order at 3:05 pm.

ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark (arrived at 3:11 pm)
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Michael Ramirez, Assistant City Manager
Brian C. Barrett, City Clerk
Licette Maldonado, Administrative Services Director
Steve Goggia, Community Development Director
John L. Ilasin, Public Works Director
Matt Roberts, Parks, Recreation and Public Facilities
Director
Jody Thomas, City Librarian

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

PUBLIC HEARING (Continued from June 13, 2022 City Council Meeting):

The City Council met to discuss the following subject matter:

1. Adoption of the Fiscal Year (FY) 2022/23 Budget, setting related Appropriations Limits as required by State Law, and making year-end amendments to the FY 2021/22 Budget.

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6139, the Municipal Budget for Fiscal Year 2022/23, including authorization of year-end amendments for Fiscal Year 2021/22; and (2) Establish the appropriation limit for the City of Carpinteria for the 2022/23 Fiscal Year through adoption of Resolution No. 6140; and (3) Establish the appropriation limit for Street Lighting District No. 1 for the 2022/23 Fiscal Year through adoption of Resolution No. 6141. (This motion requires a roll call vote.)
City Manager Durflinger, Administrative Services Director Maldonado, Community Development Director Goggia, Public Works Director Ilasin, Parks, Recreation and Public Facilities Director Roberts, and City Librarian Thomas provided the PowerPoint presentation.

PUBLIC COMMENT WILL BE HEARD CONCERNING ONLY THE AGENDIZED ITEM

FOR THIS SPECIAL MEETING
Mayor Nomura opened the public hearing at 4:07 pm.

Emails distributed: Davis Mersereau
There was no oral public comment.

Mayor Nomura closed the public hearing at 4:07 pm.

Councilmember Lee made a motion to adopt Resolution Nos. 6139, 6140, 6141, as read by title only, approving the Municipal Budget for FY 2022/23, setting related Appropriations Limits, and making year-end amendments to the FY 2021/22 Budget.

The motion died due to a lack of a second.

Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to continue the public hearing to the regular City Council meeting of June 27, 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.

ADJOURNMENT
Mayor Nomura adjourned the meeting at 4:13 pm.

City Council Special Meeting Minutes
June 23, 2022

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__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, June 27, 2022
In-Person and Virtual

CALL TO ORDER
Mayor Nomura called the meeting to order at 4:03 pm.

ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck acting as City Attorney of the City of
Carpinteria
Brian C. Barrett, City Clerk

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

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.

TEMPORARY ADJOURNMENT TO CLOSED SESSION
Mayor Nomura temporarily adjourned to Closed Session at 4:04 pm.

CALL TO ORDER
Mayor Nomura called the meeting to order at 5:32 pm.

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June 27, 2022

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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: NONE

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 Rods and Roses Car Show would occur on Saturday, July 2nd from 10 am to 2 pm on Linden Avenue and the Independence Day Parade would begin at 3:30 pm also on Linden Avenue. He noted that City Hall will be closed on Monday, July 4th in observance of the Independence Day holiday.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Emails distributed: Davis Mersereau
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There was no oral general public comment.

AGENDA MODIFICATIONS
Mayor Nomura requested that Agenda Item No. 9 be heard before Agenda Item No. 8. All Councilmembers agreed with Mayor Nomura’s request.

CONSENT CALENDAR:

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, to approve the Consent Calendar Item Nos. 2 through 5. 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.

2. Approve the minutes of the regular City Council meeting of June 13, 2022.

3. Receive and file the Expenditures for the period beginning June 4, 2022 and ending June 17, 2022.

4. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of May 17, 2022 through June 20, 2022.

5. Adoption of Resolution No. 6142 Authorizing Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.

ADMINISTRATIVE MATTERS:

6. Development Permit Application Authorization concerning the Carpinteria Valley Water District El Carro Park Groundwater Monitoring Wells Project.

Recommendation: Authorize the City Manager to sign City Permit Application No. 22-2140-CUP/CDP on behalf of the City of Carpinteria as property owner for the El Carro Park Groundwater Monitoring Wells Project. (This motion requires a roll call vote.)
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Public Works Director Ilasin provided introductory comments and Carpinteria Valley Water District General Manager Bob McDonald (present via Zoom) presented the PowerPoint presentation.

Speakers in-person: Roberta Lehtinen
Motion by Councilmember Lee, seconded by Councilmember Alarcon, to authorize the City Manager to sign City Permit Application No. 22-2140-CUP/CDP on behalf of the City of Carpinteria as property owner for the El Carro Park Groundwater Monitoring Wells Project.

Councilmember Alarcon requested the motion be modified to update the applicant name as Carpinteria Groundwater Sustainability Agency (GSA), instead of Carpinteria Valley Water District.

Councilmember Lee modified the motion, and Councilmember Alarcon seconded the modified motion, to authorize the City Manager to sign City Permit Application No. 22-2140- CUP/CDP on behalf of the City of Carpinteria as property owner for the El Carro Park Groundwater Monitoring Wells Project and update the applicant’s name as Carpinteria Groundwater Sustainability Agency (GSA) instead of Carpinteria Valley Water District.

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

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

7. Authorization for the Mayor to sign on behalf of the City the Amended Joint Powers Agreement necessary to consummate the City of Carpinteria’s membership in the Black Gold Cooperative Library System.

Recommendation: Authorize the Mayor to sign the Amended Joint Powers Agreement on behalf of the City.

City Manager Durflinger presented the staff report.

Speakers in-person: Mónica Solórzano
Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to authorize the Mayor to sign the Amended Joint Powers Agreement, consummating the City of Carpinteria’s membership in the Black Gold Cooperative Library System. The roll call vote was as follows:

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

The City Council heard Item No. 9 before Item No. 8.

OTHER BUSINESS:

9. Long-Term Financial Plan 2023-27.

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

Administrative Services Director Maldonado introduced Consultant Bill Statler who provided the PowerPoint presentation.

Emails distributed: Davis Mersereau
There was no oral public comment.

The Council received and filed the Long-Term Financial Plan 2023-27. Mayor Nomura recommended continued communication with the Finance Committee.

PUBLIC HEARING (Continued from June 23, 2022 Special City Council Meeting):

8. Adoption of the Fiscal Year (FY) 2022/23 Budget, setting related Appropriations Limits as required by State Law, and making year-end amendments to the FY 2021/22 Budget.

Recommendation: Receive the staff report and public comment, close the public hearing, provide staff with direction concerning any changes to the proposed budget and take the following actions: (1) Approve and adopt by Resolution No. 6139, the Municipal Budget for Fiscal Year 2022/23, including authorization of year-end amendments for Fiscal Year 2021/22; and (2) Establish the appropriation limit for the City of Carpinteria for the 2022/23 Fiscal Year through adoption of Resolution No. 6140; and (3) Establish the appropriation limit for Street Lighting District No. 1 for the 2022/23 Fiscal Year through adoption of Resolution No. 6141. (This motion requires a roll call vote.)
City Manager Durflinger and Administrative Services Director Maldonado presented the PowerPoint presentation.

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June 27, 2022

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Mayor Nomura opened the public hearing at 7:26 pm.

Emails distributed: Davis Mersereau
Speakers in-person: Roberta Lehtinen and Amrita Salm
Mayor Nomura closed the public hearing at 7:31 pm.

City Manager Durflinger noted that the sample motion was separated into two motions as requested by Councilmember Alarcon, one to adopt Resolution Nos. 6139 – 6141 and the other to approve the Community Services Support Program FY 2022/23 Funding Chart.

Motion by Councilmember Lee, seconded by Councilmember Carty, to adopt Resolution Nos. 6139, 6140, 6141, as read by title only, approving the Municipal Budget for FY 2022/23, setting related Appropriations Limits, and making year-end amendments to the FY 2021/22 Budget.

Mayor Nomura recommended modifying the motion to include approval of the Community Services Support Program FY 2022/23 Funding Chart.

Councilmember Lee modified the motion and Councilmember Carty seconded the amended motion, to (1) adopt Resolution Nos. 6139, 6140, 6141, as read by title only, approving the Municipal Budget for FY 2022/23, setting related Appropriations Limits, and making yearend amendments to the FY 2021/22 Budget and (2) approve the Community Services Support Program FY 2022/23 Funding Chart.

Councilmember Alarcon announced she would be recusing herself from the second part of the modified motion due to her employment with CommUnify.

The Council agreed to vote on the two parts of the modified motion separately.

The roll call vote for the first part of the modified motion 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.

Councilmember Alarcon left the dais at 7:35 pm.

The roll call vote on the second part of the modified motion was as follows:

City Council Regular Meeting Minutes
June 27, 2022

Page 7 ends

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

Councilmember Alarcon returned to the dais at 7:36 pm.

OTHER BUSINESS (continued from earlier in the meeting):

10. Ordinance No. 755, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City of Carpinteria.

Recommendation: Approve and adopt Ordinance No. 755, as modified by the City Council and as read by title only, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City of Carpinteria. (This motion requires a 4/5th vote of the legislative body.) Councilmember Lee identified a potential conflict of interest due to his family owning a restaurant in the City and recused himself and left the Council Chambers at 7:36 pm.

Community Development Director Goggia and Legal Counsel Acos presented the staff report and PowerPoint presentation.

Emails distributed: Susan Mailheau, Davis Mersereau, and Mark Carney Speakers in-person: Mark Carney
Speakers via Zoom: Robert Skinner, Warner Ebbink, and Lynn Ransom (did not speak) The Council deliberated and consensus was reached on the following:

Geographic Scope of Moratorium
The geographic scope of the Moratorium would be Citywide with the exception of the Shepard Place Shops and the Casitas Plaza Shopping Center.

Criteria for Definition of “Formula Business”
Any commercial business operating as a retail sales, restaurant/food service, hotel or motel establishment, and which (a) has more than seven (7) locations anywhere in the United States of America, and (b) has two or more of the following features common to all or City Council Regular Meeting Minutes
June 27, 2022

Page 8 ends

substantially all of its locations: standardized array of services or products for sale, façade, architecture, décor or color scheme, uniform or other employee apparel, signage, or trademark/servicemark.

Categorical Exclusions for Particular Types of Businesses The following types of businesses are not formula businesses: office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, gas stations, or theaters/performing art spaces.

Exception for Relocation of Existing Formula Businesses In the event that a formula business, in operation at a location within the City limits, seeks to relocate to another location within the City, the Moratorium will not apply.

Mayor Nomura recessed to a break at 9:35 pm and reconvened the meeting at 10:04 pm.

All Councilmembers were present except for Councilmember Lee.

Staff passed out to Council a draft moratorium ordinance which incorporated the Council’s deliberations and Legal Counsel Acos ran through the different portions of the text of the ordinance.

She amended the title of Ordinance No. 755 to “AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA ESTABLISHING A

MORATORIUM ON THE ISSUANCE OF CERTIFICATES OF OCCUPANCY OR ANY

OTHER ENTITLEMENTS FOR THE OPERATION OF FORMULA BUSINESSES WITHIN

THE CITY OF CARPINTERIA, WITH THE EXCEPTION OF THE CASITAS PLAZA SHOPPING CENTER AND THE SHEPARD PLACE SHOPS”.

Legal Counsel Acos recommended adding the following recital to Ordinance No. 755 which would say to the effect of:
“WHEREAS, the City Council has determined that for the purposes of this Moratorium there is no urgency to regulate the Casitas Plaza and Shepard Place Shops.” Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to approve and adopt Ordinance No. 755, as modified by the City Council and as read by title only including the recital and minor edits added by staff. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: Councilmember Lee (recused)
ABSTAIN: None
City Council Regular Meeting Minutes
June 27, 2022

Page 9 ends

The motion carried.

11. Resolution Nos. 6143 and 6144, approving and adopting the revisions to the Conditions of Employment for Management and Miscellaneous Unrepresented Personnel for Fiscal Year 2022-2023.

Recommendation: Adopt Resolution Nos. 6143 and 6144, approving revisions to the Conditions of Employment for Management and Miscellaneous Personnel and authorizing the City Manager to implement the changes effective July 1, 2022.

Councilmember Lee returned to the dais at 10:11 pm
City Manager Durflinger presented the staff report.

There was no public comment.

Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to adopt Resolution Nos. 6143 and 6144, as read by title only. 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. Resolution No. 6145, approving and adopting the reclassifications of certain Positions in Administrative Services, Public Works, and Parks and Recreation Departments.

Recommendation: Adopt Resolution No. 6145, approving the reclassification of certain positions in Administrative Services, Public Works, and Parks and Recreation Departments.

City Manager Durflinger presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Vice Mayor Clark, to adopt Resolution No. 6145, as read by title only. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
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Page 10 ends

ABSENT: None
ABSTAIN: None
The motion carried unanimously.

LEGISLATIVE UPDATE
There was no update presented.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING A SPECIAL

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Nomura temporarily adjourned the meeting at 10:17 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Nomura reconvened the meeting at 10:23 pm.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Lee reported on a recent Transportation Committee meeting. Mayor Nomura announced this Saturday, the Sister City group from Puerto Vallarta, Mexico would be visiting at City Hall from 10 am to noon and everyone is welcome to attend.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the regular City Council meeting of July 11th.

ADJOURNMENT
Mayor Nomura adjourned the meeting at 10:25 pm.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 11, 2022

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning June 18, 2022 and ending July 01, 2022.

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

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

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

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

ATTACHMENTS
Attachment A: Warrant Register for the period beginning June 18, 2022 and ending July 01, 2022.

Warrant Register
July 11, 2022
Page #2
Staff contact: Alexiss Martinez, Accounting Tech.
(805) 755-4422, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Admin Services\Staff Report\Staff Report AP.docx
Warrant Register
Carpinteria, CA
Date Range: 06/18/2022 - 07/01/2022
Vendor Number Vendor Name Payment Date Payment Type Payment Amount Number Payable# Payable Type Post Date Payable Description
Bank Code: AP Bank-AP Bank
ROBERT HOWARD 06/30/2022 EFT 100.00 702
INV0003763 Invoice 06/30/2022 REIMBURSEMENT FOR ADMISSION OF PW TRAINING, SHOW ROBERT HOWARD 06/30/2022 EFT {100.00) 702
ALEXISS MARTINEZ 06/30/2022 Regular 114.35 101247
INV0003787 Invoice 06/30/2022 PETTY CASH REPLENTISHMENT 06/30/22 COAST GLASS CO. 06/30/2022 Regular 6,834.70 101248
100565 Invoice 06/30/2022 3RD INSTALLMENT FOR CITY LIBRARY CARPET INSTALL DAVID HUFF 06/30/2022 Regular 763.00 101249
INV0003767 Invoice 06/30/2022 REIMBURSEMENT FOR PRESCRIPTION SAFETY GLASSES ROBERT HOWARD 06/30/2022 Regular 100.00 101250
INV0003763 Invoice 06/30/2022 REIMBURSEMENT FOR ADMISSION OF PW TRAINING, SHOW SEIU LOCAL 620 06/30/2022 Regular 210.35 101251
INV0003783 Invoice 06/30/2022 Employee Union Dues Contribution UNITED WAY OF SANTA BARBARA COUNTY 06/30/2022 Regular 24.00 101252 INV0003784 Invoice 06/30/2022 Employee United Way Contribution VANTAGE POINT TRANSFER AGENTS - 457 06/30/2022 Regular 6,036.33 101253 INV0003778 Invoice 06/30/2022 ICMA Employee Contributions INV0003779 Invoice 06/30/2022 ICMA Employee Contributions INV0003780 Invoice 06/30/2022 Deferred Compensation Contribution AIDS/LIFECYCLE 06/23/2022 Virtual Payment 300.00 APA000156 INV0003757 Invoice 06/23/2022 VIOLA FIELDS PARK DEPOSIT REFUND 06/10/22 ALICE WISSING 06/23/2022 Virtual Payment 120.00 APA000157 06/01/22 Invoice 06/23/2022 MINUTES FOR PLANNING COMMISSION MEETING 05/02/22 ANIMAL MEDICAL CLINIC 06/23/2022 Virtual Payment 1,777.56 APA000158 310791 Invoice 06/23/2022 MAY22 EMERGENCY OUT OF CONTRACT VET SERVICES 311609 Invoice 06/23/2022 MAY22 DOG LICENSING ISSUANCE
311611 Invoice 06/23/2022 MAY22 CONTRACTED VET SERVICES BOB'S GARAGE 06/23/2022 Virtual Payment 568.97 APA000159 42351 Invoice 06/23/2022 UNIT #321 REPAIRS
BROWNSTEIN HYATT FARBER SCHRECK 06/23/2022 Virtual Payment 64,717.50 APA000160 892515 Invoice 06/23/2022 PROFESSIONAL LEGAL SERVICES THROUGH 04/30/22 892516 Invoice 06/23/2022 PROFESSIONAL LEGAL SERVICES THROUGH 04/30/22 892517 Invoice 06/23/2022 PROFESSIONAL LEGAL SERVICES THROUGH 04/30/22 892518 Invoice 06/23/2022 PROFESSIONAL LEGAL SERVICES THROUGH 04/30/22 CANON FINANCIAL SERVICES INC 06/23/2022 Virtual Payment 1,249.52 APA000161 28712446 Invoice 06/23/2022 CANON 5760 & CANON 6275 PRINTERS AT C.H. LEASE CARP EVENTS 06/23/2022 Virtual Payment 8,250.00 APA000162 061022 Invoice 06/23/2022 2022 INDEPENDENCE PARADE
COASTAL VIEW NEWS 06/23/2022 Virtual Payment 1,610.00 APA000163 58302 Invoice 06/23/2022 HOST PROGRAM ADVERTISING 04/28/22 58482 Invoice 06/23/2022 HOST PROGRAM ADVERTISING 06/02/22 58502 Invoice 06/23/2022 ABOP ADVERTISING 06/09/22
58507 Invoice 06/23/2022 CREEK CLEAN UP ADVERTISING 06/09/22 COFFMAN SCOTT 06/23/2022 Virtual Payment 631.25 APA000164 22-003 Invoice 06/23/2022 FIRST RESPONDER PUBLIC WORKS TRAINING COUNTY SANITATION COMPANY INC STEWARTS 06/23/2022 Virtual Payment 3,750.00 APA000165 59957 Invoice 06/23/2022 PLUMBING SERVICES FOR COUNTY USE AREA AT LIBRARY COX BUSINESS 06/23/2022 Virtual Payment 135.99 APA000166 JUN22 001 3011 028450702 Invoice 06/23/2022 JUN22-VETS HALL INTERNET SERVICE ECOLOGY ACTION OF SANTA CRUZ 06/23/2022 Virtual Payment 1,000.00 APA000167 1014 Invoice 06/23/2022 COMMUNITY ACTION CAMPAIGN
EVERYWHERE RIGHT NOW 06/23/2022 Virtual Payment 1,677.50 APA000168 3169 Invoice 06/23/2022 MAY22 WEBSITE PROGRAMMING FOR LIBRARY FORMS+ SURFACES 06/23/2022 Virtual Payment 7,602.30 APA000169 D160889-00 Invoice 06/23/2022 NEW TRASH RECEPTACLES FOR CITY-DEPOSIT FRONTIER COMMUNICATIONS 06/23/2022 Virtual Payment 144.45 APA000170 JUN22 805-684-7613-042205- Invoice 06/23/2022 PHONE & INTERNET SERVICES FOR LG TOWER & BOATHOUSE GAELIC ELECTRIC INC 06/23/2022 Virtual Payment 10,278.34 APA000171 16801 Invoice 06/23/2022 ELECTRICAL REPAIR SERVICES AT LIBRARY 16861 Invoice 06/23/2022 ELECTRICAL REPAIR SERVICES AT LIBRARY 16865 Invoice 06/23/2022 ELECTRICAL REPAIR SERVICES AT LIBRARY 16866 Invoice 06/23/2022 ELECTRICAL REPAIR SERVICES AT LIBRARY JOSE ANGELES 06/23/2022 Virtual Payment 323.00 APA000172 INV0003760 Invoice 06/23/2022 VETS HALL RESERVATION & CLEANING DEPOSIT REFUND MARICELA LEMUS 06/23/2022 Virtual Payment 307.50 APA000173 INV0003759 Invoice 06/23/2022 VETS HALL RESERVATION & CLEANING DEPOSIT REFUND MOSS LEVY & HARTZHEIM LLP 06/23/2022 Virtual Payment 2,780.00 APA000174 32656 Invoice 06/23/2022 AUDIT SERVICES TO DATE
MOVEGREEN 06/23/2022 Virtual Payment 2,110.00 APA000175 15-22871 Invoice 06/23/2022 RETURN ITEMS FROM STORAGE FOR LIBRARY PROFESSIONAL WASH CENTER 06/23/2022 Virtual Payment 23.13 APA000176 9222 Invoice 06/23/2022 WASH & FOLDING OF YELLOW BANNERS RECDESK LLC 06/23/2022 Virtual Payment 5,100.00 APA000177 INV-12426 Invoice 06/23/2022 POOL SOFTWARE SUBSCRIPTION 05/01/22-04/30/22 ROCKWELL PRINTING 06/23/2022 Virtual Payment 49.05 APA000178 39986 Invoice 06/23/2022 BUSINESS CARDS FORE. CASTRO
SANTA BARBARA COUNTY SHERIFFS DEPT 06/23/2022 Virtual Payment 381,861.00 APA000179 1475 Invoice 06/23/2022 MAY22 CONTRACTED LAW ENFORCEMENT SERVICES SANTA BARBARA PEST CONTROL 06/23/2022 Virtual Payment 210.00 APA000180 145882 Invoice 06/23/2022 MAY22 PEST CONTROL AT CITY HALL 145883 Invoice 06/23/2022 MAY22 PEST CONTROL AT VETS HALL 147598 Invoice 06/23/2022 JUN22 PEST CONTROL AT POOL
SO CA EDISON 06/23/2022 Virtual Payment 15.47 APA000181 JUN22 700474689651 Invoice 06/23/2022 ELECTRICITY-4683 9TH ST SOLID WASTE SOLUTIONS INC 06/23/2022 Virtual Payment 3,124.25 APA000182 190 Invoice 06/23/2022 ANNUAL REPORT PREP & CALRECYCLE GRANT REPORT STAPLES ADVANTAGE 06/23/2022 Virtual Payment 439.60 APA000183 3509901038 Credit Memo 06/23/2022 REFUND FOR PAPER RETURN 3510039790 Invoice 06/23/2022 FOLDERS, BINDER DIVIDERS PENS,PAPER TWO TRUMPETS COMMUNICATIONS 06/23/2022 Virtual Payment 5,550.00 APA000184 1232 Invoice 06/23/2022 MAY22 COMMUNICATIONS SERVICES
WESTERN EXTERMINATOR COMPANY 06/23/2022 Virtual Payment 65.40 APA000185 23269378 Invoice 06/23/2022 APRIL 2022 PEST CONTROL AT VETS HALL 4IMPRINT 06/30/2022 Virtual Payment 3,324.31 APA000186
10022865 Invoice 06/30/2022 CANOPIES FOR JG'S & SWIM TEAM 759313 Credit Memo 06/30/2022 CREDIT FOR CANOPIES ORDER FOR POOL ABRIL JIMENEZ 06/30/2022 Virtual Payment 277.50 APA000187 INV0003762 Invoice 06/30/2022 VETS HALL RESERVATION AND DEPOSIT REFUND ACCESS CONTROL SECURITY INC. 06/30/2022 Virtual Payment 1,117.50 APA000188 0047266 Invoice 06/30/2022 SECURITY FOR VETS HALL EVENT 05/07 /22 05/14/22 0047558 Invoice 06/30/2022 SECURITY FOR VETS HALL EVENT 05/21, 05/28/22 0047800 Invoice 06/30/2022 SECURITY FOR VETS HALL EVENT 06/04/2022 AFLAC 06/30/2022 Virtual Payment 542.29 APA000189
722647 Invoice 06/30/2022 JUNE 2022 EMPLOYEE PREMIUMS
ALL LANGUAGES INTERPRETING & TRANSLATING 06/30/2022 Virtual Payment 2,990.00 APA000190 28736 Invoice 06/30/2022 2 SPANISH INTERPRETERS FOR COUNCIL MEETINGS AMERICAN AUTOMATIC DOORS INC 06/30/2022 Virtual Payment 225.50 APA000191 32133 Invoice 06/30/2022 DOOR REPAIR FOR CITY HALL
AMERICAN FOOD CORP 06/30/2022 Virtual Payment 85.68 APA000192 892215706 Invoice 06/30/2022 ICE CREAM FOR RESALE AT POOL AMERICAN SILKSCREEN INC 06/30/2022 Virtual Payment 3,355.02 APA000193 26060 Invoice 06/30/2022 HATS FOR JUNIOR LIFEGUARD PROGRAM PARTICIPANTS AQUASOURCE 06/30/2022 Virtual Payment 11,144.16 APA000194 401959 Invoice 06/30/2022 BLUE TABLETS FOR POOL
BASIC 06/30/2022 Virtual Payment 209.00 APA000195
IN2385639 Invoice 06/30/2022 MAY22 MONTHLY FSA ADMIN FEE IN2412749 Invoice 06/30/2022 JUN22 MONTHLY FSA ADMIN FEE BENGAL ENGINEERING 06/30/2022 Virtual Payment 24,351.38 APA000196 4847 Invoice 06/30/2022 DESIGN SERVICES FOR RINCON TRAIL THROUGH 05/31/22 BIG GREEN CLEANING COMPANY 06/30/2022 Virtual Payment 2,182.00 APA000197 603278 Invoice 06/30/2022 JUN22 CONTRACTED JANITORIAL SERVICE-5103 CARP AVE 603279 Invoice 06/30/2022 JUN22 CONTRACTED JANITORIAL SERVICE-CITY & VETS HA BROWNSTEIN HYATT FARBER SCHRECK 06/30/2022 Virtual Payment 78,231.50 APA000198 895025 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 05/31/22 895034 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 05/31/22 895035 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 05/31/22 CAL-COAST MACHINERY INC 06/30/2022 Virtual Payment 338.95 APA000199 760005 Invoice 06/30/2022 FILLER CAP FOR BEACH TRACTOR REPAIR 761818 Invoice 06/30/2022 SEAT ASSEMBLY, LANDSCAPE RAKE-BEACH TRACTOR REPAIR 768297 Credit Memo 06/30/2022 CREDIT FOR CAP FOR FOR UNIT #326 REPAIR CALIFORNIA ELECTRIC SUPPLY 06/30/2022 Virtual Payment 220.41 APA000200 7700-1073279 Invoice 06/30/2022 ELECTRICAL SUPPLIES FOR PW SHOP CANNON 06/30/2022 Virtual Payment 2,928.50 APA000201
80743 Invoice 06/30/2022 MAY22 PLAN CHECKS FOR 6380 VIA REAL 80744 Invoice 06/30/2022 MAY22 PLAN CHECKS FOR 700 LINDEN CARPINTERIA VALLEY LUMBER CO 06/30/2022 Virtual Payment 1,051.42 APA000202 475637 Invoice 06/30/2022 TRASH CAN FOR CARP CREEK PARK 475656 Invoice 06/30/2022 MISC HARDWARE FOR SHOP
475901 Invoice 06/30/2022 MOUSE BAIT, CLOCK SET
476058 Invoice 06/30/2022 LIGHTS FOR VETS HALL MEETING, PW SHOP MISC 476124 Invoice 06/30/2022 WOOD FOR ROW SIDEWALK REPAIR
476290 Invoice 06/30/2022 PLASTIC SHIMS FOR VETS HALL SUPPLIES 476575 Invoice 06/30/2022 PARACORD, BRAIDED NYLON CORDS 476628 Invoice 06/30/2022 PUSHBROOM FOR PARKS
476677 Invoice 06/30/2022 HOOKS FOR BEACH TRACTOR
476789 Invoice 06/30/2022 WASHERS FOR LIBRARY REPAIR
476818 Invoice 06/30/2022 WOOD PARTS FOR LIBRARY
476854 Invoice 06/30/2022 WOOD FOR PW SHOP BLDG REPAIR
477008 Invoice 06/30/2022 TAR FOR SHOP ROOF REPAIR
477320 Invoice 06/30/2022 TRIMACO TACK CLOTH
477386 Invoice 06/30/2022 STRAPS FOR DOWNTOWN T KIOSK
477430 Invoice 06/30/2022 LAMPHOLD FOR DOWNTOWN T LIGHTS 477451 Invoice 06/30/2022 HARDWARE FOR PW RESTROOM REPAIR 477518 Invoice 06/30/2022 TREX CAP FOR HEATH PARK
478350 Invoice 06/30/2022 WOOD STAIN FOR STREET BENCHES DOWNTOWN T 478454 Invoice 06/30/2022 MISC HARDWARE FOR DOWNTOWN T
478458 Credit Memo 06/30/2022 MISC HARDWARE RETURN - CITY KIOSKS 478492 Invoice 06/30/2022 HARDWARE, METAL TRAY, BUCKET FOR LIBR RENOVATION 478748 Invoice 06/30/2022 MISC HARDWARE FOR PW TUFF SHED 479062 Invoice 06/30/2022 ROUND HEAD SCREW, KEY FOR DOWNTOWN T FLAGS CARPINTERIA VALLEY WATER DISTRICT 06/30/2022 Virtual Payment 115.70 APA000203 FORMER MANION MAY22 SER Invoice 06/30/2022 FORMER MANION PROPERTY WATER SERVICE CIVICPLUS 06/30/2022 Virtual Payment 453.20 APA000204
230138 Invoice 06/30/2022 MUNICIPAL CODE UPDATE
COASTAL VIEW NEWS 06/30/2022 Virtual Payment 356.00 APA000205 58542 Invoice 06/30/2022 ADOPTED ORDINANCE NO. 756 LEGAL NOTICES 58547 Invoice 06/30/2022 PLANNING COMMISSION NOTICE OF PUB HEARING 58548 Invoice 06/30/2022 FORMULA BUSINESS ORDINANCE NOTICE OF PUBLIC HEARIN COUNTY SANITATION COMPANY INC STEWARTS 06/30/2022 Virtual Payment 5,030.55 APA000206 59940 Invoice 06/30/2022 PLUMBING AT EL CARRO PARK
59991 Invoice 06/30/2022 EL CARRO PARK PLUMBING REPAIR
60147 Invoice 06/30/2022 TOILET INSTALLATION AT LIBRARY 60149 Invoice 06/30/2022 INSTALLATION OF DRINKING FOUNTAINS AT LIBRARY 60305 Invoice 06/30/2022 INSTALLATION OF WATER HEATER AT LIBRARY 60306 Invoice 06/30/2022 PLUMBING SERVICES FOR DRINKING FOUNTAINS AT LIBRAR EARTH SYSTEMS 06/30/2022 Virtual Payment 2,022.50 APA000207 833781 Invoice 06/30/2022 MAR22 INSPECTION SERVICES FOR CARP PAVE REHAB PROJ EASY LIFT TRANSPORTATION 06/30/2022 Virtual Payment 1,000.00 APA000208 7242 Invoice 06/30/2022 JUN22 COMMUNITY TRANSPORTATION SERVICES ELITE GENERAL ENGINEERING 06/30/2022 Virtual Payment 29,562.80 APA000209 22053 Invoice 06/30/2022 SIDEWALK REPAIRS 6/20/22-6/21/22 ESCALERA PEST CONTROL 06/30/2022 Virtual Payment 4,900.00 APA000210 33913 Invoice 06/30/2022 ASH ST BOATHOUSE STRUCTURAL REPAIR 35022 Invoice 06/30/2022 TERMITE DAMAGE REPAIR
35023 Invoice 06/30/2022 TERMITE DAMAGE REPAIR
GAELIC ELECTRIC INC 06/30/2022 Virtual Payment 4,340.99 APA000211 16867 Invoice 06/30/2022 ELECTRICAL REPAIR SERVICES AT LIBRARY 16872 Invoice 06/30/2022 ELECTRICAL REPAIR SERVICES AT LIBRARY 16879 Invoice 06/30/2022 ELECTRICAL REPAIR SERVICES AT LIBRARY GRAINGER 06/30/2022 Virtual Payment 2,519.73 APA000212
9276511913 Invoice 06/30/2022 EAR PLUGS, TRASH GRABBER, AEROSOL 9279875299 Invoice 06/30/2022 RIVETS FOR SIGNS
9282742312 Invoice 06/30/2022 EXTRACTOR SCREW SET
9285034261 Invoice 06/30/2022 TRIMMER HEADS, TRIMMER LINES 9285657574 Invoice 06/30/2022 LED WRAPAROUND FIXTURES
9295411574 Invoice 06/30/2022 CABINETS FOR SHOP FUEL
9310543641 Invoice 06/30/2022 TUFF SHED SENSOR, TOOL FOR OIL TRUCKS 9310679528 Invoice 06/30/2022 EL CARRO PARK WELL SUPPLIES 9316180620 Invoice 06/30/2022 RESPIRATOR KIT FOR POOL
9316711374 Invoice 06/30/2022 RUBBER APRON FOR POOL
HOS PAINTING INC. 06/30/2022 Virtual Payment 1,470.00 APA000213 430 Invoice 06/30/2022 PAINTING FOR LIBRARY RENOVATION
HELPING HAND HEALTH EDUCATION 06/30/2022 Virtual Payment 44.00 APA000214 121 Invoice 06/30/2022 CPR TRAINING FOR LIFEGUARDS
HILLYARD 06/30/2022 Virtual Payment 280.89 APA000215
604763080 Invoice 06/30/2022 SOAP FOR POOL SHOP
604775753 Invoice 06/30/2022 CLEANING SUPPLIES FOR POOL HOME DEPOT CREDIT SERVICES 06/30/2022 Virtual Payment 301.01 APA000216 523346 Invoice 06/30/2022 HANG RAIL, POWER TOOLS, HOOKS, MAGNETS, BITS -SHED KNORR SYSTEMS INC 06/30/2022 Virtual Payment 11,376.70 APA000217 Sl239812 Invoice 06/30/2022 NEW VACUUM FOR POOL
LAWSON PRODUCTS INC 06/30/2022 Virtual Payment 760.71 APA000218 9309575542 Invoice 06/30/2022 WASHERS, STUDS, SCREWS, BLADES, QUIK SLIDES LIEBERT CASSIDY WHITMORE 06/30/2022 Virtual Payment 12,409.20 APA000219 208612 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 11/30/2021 208613_ Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 11/30/2021 215316 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 03/31/2022 215317 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 03/31/2022 217185 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 04/30/2022 217186 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 04/30/2022 219326 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 05/31/2022 219327 Invoice 06/30/2022 PROFESSIONAL LEGAL SERVICES THROUGH 05/31/2022 LOWE'S 06/30/2022 Virtual Payment 1,556.50 APA000220
908220 Invoice 06/30/2022 SUPPLIES FOR PARK AND LIBRARY 908374 Invoice 06/30/2022 SUPPLIES FOR PARK AND LIBRARY 909750 Invoice 06/30/2022 GENERAL SUPPLIES FOR PARKS AND LIBRARY 910260 Invoice 06/30/2022 SUPPLIES FOR PARKS
910950 Invoice 06/30/2022 TOOLS FOR PARKS USE
919720 Invoice 06/30/2022 BARK FOR HEATH RANCH PARK
920360 Invoice 06/30/2022 BARK FOR HEATH RANCH PARK
MEARS DESIGN GROUP 06/30/2022 Virtual Payment 2,940.00 APA000221 2258 Invoice 06/30/2022 MAY22 CONSTRUCTION DOCUMENT FOR SKATEPARK MISSION UNIFORM SERVICE 06/30/2022 Virtual Payment 427.05 APA000222 516902123 Invoice 06/30/2022 TOWEL AND MAT REPLACEMENT AT CITY HALL 516945642 Invoice 06/30/2022 TOWEL AND MAT REPLACEMENT AT CITY HALL 516988082 Invoice 06/30/2022 TOWEL AND MAT REPLACEMENT AT CITY HALL 517030637 Invoice 06/30/2022 TOWEL AND MAT REPLACEMENT AT CITY HALL 517074643 Invoice 06/30/2022 TOWEL AND MAT REPLACEMENT AT CITY HALLV 517117222 Invoice 06/30/2022 TOWEL AND MAT REPLACEMENT AT CITY HALL 517156318 Invoice 06/30/2022 TOWEL AND MAT REPLACEMENT AT CITY HALL 517202368 Invoice 06/30/2022 TOWEL AND MAT REPLACEMENT AT CITY HALL 517246232 Invoice 06/30/2022 TOWEL AND MAT REPLACEMENT AT CITY HALL MRS ENVIRONMENTAL INC 06/30/2022 Virtual Payment 4,100.00 APA000223 600-2022-04 Invoice 06/30/2022 MAY22 OIL & GAS ON CALL ENVIRONMENTAL SERV NEOED 06/30/2022 Virtual Payment 2,369.89 APA000224
INV-21375 Invoice 06/30/2022 NEW RECRUITMENT SOFTWARE WEBSITE POLICORE INC. 06/30/2022 Virtual Payment 120.00 APA000225 402667 Invoice 06/30/2022 IT SERVICES FOR POOL MAY 2022 QUADIENT FINANCE USA INC 06/30/2022 Virtual Payment 500.00 APA000226 JUN22 7900 0110 3770 5400 Invoice 06/30/2022 POSTAGE FOR CITY HALL 06/02/22 ROCKWELL PRINTING 06/30/2022 Virtual Payment 218.00 APA000227 40049 Invoice 06/30/2022 CARP KIOSK POSTERS FOR HOST PROGRAM RRM DESIGN GROUP 06/30/2022 Virtual Payment 5,361.25 APA000228 2277-01-0522 Invoice 06/30/2022 MAY22 DOWNTOWN DESIGN OVERLAY PROGRAM SERVICE SANSUM CLINIC 06/30/2022 Virtual Payment 172.00 APA000229 59831 Invoice 06/30/2022 PRE-HEALTH SCREENING FOR G.B. & E.O.

SANTA BARBARA COUNTY WATER AGENCY 06/30/2022 Virtual Payment 1,854.17 APA000230 681 Invoice 06/30/2022 POLLUTANT LOAD MONITORING/LAB ANALYSIS SANTA BARBARA PEST CONTROL 06/30/2022 Virtual Payment 120.00 APA000231 146858 Invoice 06/30/2022 JUN22 PEST CONTROL AT CITY HALL 146859 Invoice 06/30/2022 JUN22 PEST CONTROL AT VETS HALL SANTA BARBARA SAND & TOP SOIL CORP 06/30/2022 Virtual Payment 6,939.54 APA000232 192292 Invoice 06/30/2022 GRAVEL BASE FOR GROUNDS AT HEATH RANCH PARK 192351 Invoice 06/30/2022 GRAVEL BASE FOR GROUNDS & HEATH RANCH PARK 192432 Invoice 06/30/2022 SOIL MIX, GRANITE DECOMPOSE FOR CHAPPARAL DR 192481 Invoice 06/30/2022 DECOMPOSED GRANITE FOR HEATH RANCH PARK SHOWSCAPES 06/30/2022 Virtual Payment 24,013.00 APA000233 38830425 Invoice 06/30/2022 IRRIGATION REPAIRS AT HEATH RANCH PARK 38830550 Invoice 06/30/2022 IRRIGATION REPAIRS AT VIOLA PARK 388329531 Invoice 06/30/2022 IRRIGATION REPAIRS AT EL CARRO PARK 05/11/22 388329532 Invoice 06/30/2022 IRRIGATION REPAIRS AT MONTE VISTA PARK 05/06/22 388329533 Invoice 06/30/2022 IRRIGATION REPAIRS AT EL CARRO PARK 05/06/22 388329534 Invoice 06/30/2022 IRRIGATION REPAIRS AT EL CARRO PARK 05/12/22 388329537 Invoice 06/30/2022 IRRIGATION REPAIRS AT 897 LINDEN AVE 388329640 Invoice 06/30/2022 MONTHLY LANDSCAPE SERVICES THROUGHOUT CITY 388329737 Invoice 06/30/2022 IRRIGATION REPAIRS AT VETS HALL & FRANKLIN CREEK SITEONE LANDSCAPE SUPPLY (ALL AROUND) 06/30/2022 Virtual Payment 749.59 APA000234 117597200-001 Invoice 06/30/2022 GLOVES FOR A.V.
117662814-001 Invoice 06/30/2022 FUEL FOR PARKS EQUIPMENT 117854614-001 Invoice 06/30/2022 HERBICIDE FOR PARKS
118120498-001 Invoice 06/30/2022 SHOVEL FOR PARKS
119677696-001 Invoice 06/30/2022 COMPACT SOCKET, CEMENT, PRIMER, LOCK, HANDSAW 119678561-001 Invoice 06/30/2022 PVC VALVE, COUPLING SOCKET SMART & FINAL 06/30/2022 Virtual Payment 55.16 APA000235 6603100009801 Invoice 06/30/2022 GATORADE & WATER FOR RESALE AT POOL 6603100034402 Invoice 06/30/2022 PUMPKINS FOR POOL HALLOWEEN CELEBRATION 660310032501 Invoice 06/30/2022 GATORADE & WATER FOR RESALE AT POOL 54512 Credit Memo 06/30/2022 CREDIT FOR DUPLICATE PAYMENT INV#6603100029901 SO CA EDISON 06/30/2022 Virtual Payment 77.88 APA000236 MAY22 700163777874 Invoice 06/30/2022 ELECTRICITY-6145 CARPINTERIA AVE SO CAL GAS 06/30/2022 Virtual Payment 2,978.84 APA000237 MAY22 006 514 2700 7 Invoice 06/30/2022 NATURAL GAS-5305 CARPINTERIA AVE APT B (POOL) MAY22 014 914 3239 7 Invoice 06/30/2022 NATURAL GAS-5103 CARPINTERIA AVE (FRIENDS OF LIBR) STAPLES ADVANTAGE 06/30/2022 Virtual Payment 281.74 APA000238 3509901035 Invoice 06/30/2022 PINK CARDSTOCK
3509901036 Invoice 06/30/2022 GREEN CARDSTOCK PACK
3509901037 Invoice 06/30/2022 ORCHID CARDSTOCK PACK
3510039789 Invoice 06/30/2022 CLIPBOARD, TAPE DISPENSER TREESCAPES 06/30/2022 Virtual Payment 1,900.00 APA000239 388329566 Invoice 06/30/2022 SPRAY TREATMENT FOR MEMORIAL PARK TREES 388329755 Invoice 06/30/2022 SPRAY TREATMENT FOR SEASIDE PARK OAK TREES TRI-CO REPROGRAPHICS 06/30/2022 Virtual Payment 595.93 APA000240 158950 Invoice 06/30/2022 COLOR SCANNING, DE/REBINDING, PDF EXT, FILE RENAME 158951 Invoice 06/30/2022 SMALL FORMAT PRINTING, DESTAPLE, RESTAPLE, PDF EXT 158952 Invoice 06/30/2022 COLOR FORMAT PRINTING, DESTAPLE, RESTAPLE, PDF EXT 159081 Invoice 06/30/2022 SMALL FORMAT PRINTING, DESTAPLE, RESTAPLE, PDF EXT 159455 Invoice 06/30/2022 COLOR FORMAT PRINTING, DESTAPLE, PDF EXT 159456 Invoice 06/30/2022 COLOR SCANNING, SMALL FORMAT, PDF EXT, FILES 159457 Invoice 06/30/2022 COLOR SCANNING, SMALL FORMAT, PDF EXT, FILES 159552 Invoice 06/30/2022 SMALL FORMAT SCAN, STAPLING, PDF EXT, FILES 159575 Invoice 06/30/2022 24X36 PRINT, 30X42 PRINT, EDGEBIND FOR SKATEPARK 159619 Invoice 06/30/2022 COLOR SCANNING, SMALL FORMAT, BIND, PDF EXT, FILES 159787 Invoice 06/30/2022 COLOR SCANNING, SMALL FORMAT, BIND, PDF EXT, FILES 159917 Invoice 06/30/2022 COLOR SCANNING, SMALL FORMAT, BIND, PDF EXT, FILES 160286 Invoice 06/30/2022 COLOR SCANNING, SMALL FORMAT, BIND, PDF EXT, FILES VILLAGE POOL SUPPLY 06/30/2022 Virtual Payment 903.66 APA000241 42778 Invoice 06/30/2022 GALLON OF ACID
42836 Invoice 06/30/2022 GALLON OF ACID, TEST STRIPS
43156 Invoice 06/30/2022 GALLON OF ACID
WESTAIRE HEATING & CONDITIONING INC 06/30/2022 Virtual Payment 47,086.00 APA000242 18724 Invoice 06/30/2022 LIBRARY ASBESTOS REMOVAL AT LIBRARY 18725 Invoice 06/30/2022 NEW HVAC SYSTEM FOR LIBRARY
18726 Invoice 06/30/2022 NEW HVAC SYSTEM FOR LIBRARY
WESTERN EXTERMINATOR COMPANY 06/30/2022 Virtual Payment 130.80 APA000243 22382287 Invoice 06/30/2022 MAY 2022 PEST CONTROL AT VETS HALL 24396929 Invoice 06/30/2022 JUNE 2022 PEST CONTROL AT VETS HALL WEX BANK (CHEVRON) 06/30/2022 Virtual Payment 1,209.60 APA000244 81686603 Invoice 06/30/2022 JUN22FUELCHARGES
WILLIAM C. STATLER 06/30/2022 Virtual Payment 4,968.50 APA000245 NO.4 Invoice 06/30/2022 TO PREPARE A LONG TERM FINANCIAL PLAN WOOD ENVIRONMENT & INFRASTRUCTURE SOU 06/30/2022 Virtual Payment 302.50 APA000246 S58583419 Invoice 06/30/2022 LOCAL HAZARD MITIGATION PLAN THROUGH 05/27/2022 ZWORLD GIS 06/30/2022 Virtual Payment 2,977.00 APA000247 City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 11, 2022

ITEM FOR COUNCIL CONSIDERATION
Monthly City Treasurer's Report on Compliance with Statement of Safekeeping and Investment of Public Funds.

STAFF RECOMMENDATION
Receive and file the report
Sample Motion: I move to receive and file the report.

BACKGROUND / DISCUSSION
The City Council is the City of Carpinteria trustees and authorized to make investment decisions concerning public funds that are subject to the prudent investment standard.

The Prudent Investor Standard of the California Government Code Section 53600.3 states, "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City." The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.

Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City Investment officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

The purpose of this agenda matter is to provide the City Council with the required monthly Treasurer's Report.

Monthly City Treasurer's Report
July 11, 2022

Page 2 ends

POLICY CONSISTENCY
The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.

FINANCIAL CONSIDERATIONS
Cash Statement: At April 30, 2022, the City held cash and cash investments as shown in the table below.

Table I
CASH ACTIVITY FOR THE MONTH:

Cash and Investment Beginning of the Month
Cash Receipts
Cash Disbursements
Cash and Investment End of the Month
$ 17,048,109.72
5,714,110.23
(3,727,090.86)
$ 19,035,129.09
Investments:

Changes in the market value of treasury securities are inversely proportional to changes in interest rates demanded in the open market, i.e., when rates rise market values fall, when rates fall market values rise. The sensitivity of a portfolio's market value to these changes in market rates is a function of its days to maturity and its coupon rate.

Securities with longer maturities and/or lower coupon rates are more sensitive to changes in market interest rates. As a security matures, changes in its value become less sensitive to market rate changes.

At April 30
th the portfolio's average days to maturity was 2.04 years, the average coupon rate was 1.56%, the average yield to maturity was 2.04%, the par value was $9,859,000 and Market Value was $9,576,291.71.

The City does not intend to sell nor does it have any foreseeable need to sell any securities. The intention of the City's investment policy is to hold all securities to maturity; and securities so held are redeemed at par value resulting in no net market gain or loss.

Attached for City Council review is the Treasurer's Report that details a listing of all the investments and cash activity during the month.

The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period November 1, 2022.

G:\Licette\Treasury\City Treasurer's report.docx
Monthly City Treasurer's Report
July 11, 2022

Page 3 ends

LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.

PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown

ATTACHMENTS
City of Carpinteria Treasurer's Report
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
~
Signature
G:\Licette\Treasury\City Treasurer's report.docx
City Treasurer's Report

CITY OF CARPINTERIA TREASURER'S REPORT
For the Month Ended April 2022
CASH ACTIVITY FOR THE MONTH:

Cash and Investment Beginning of the Month $ 17,048,109.72 Cash Receipts 5,714,110.23
Cash Disbursements (3,727,090.86}
Cash and Investment End of the Month $ 19 Q3:i 122 Q2
CASH AND INVESTMENT PORTFOLIO:

Yield to Maturity # Days to
Tvpe of lnvestment/Coupon/CUSIP # Institution/Issuer Par Value Market Value (1) Book Value {2) Maturitv Date Maturity Demand Deposit - General Checking Montecito Bank NIA NIA NIA 440,137.37 440,137.37 440,137.37 Demand Deposit - Premier Public Money Market Montecito Bank NIA 5/1/2022 1 2,401,795.40 2,401,795.40 2,401,795.40 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 6,761.07 6,761.07 6,761.07 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 4,914.24 4,914.24 4,914.24 Demand Deposit - Money Market Charles Schwab NIA 5/1/2022 1 410.20 410.20 410.20 Local Agency Investment Fund State of California 0.22% 5/1/2022 1 6,400,758.59 6,400,758.59 6,400,758.59 Treasury Note, 1.875%, (912828X47) U.S. Government 1.87% 4/30/2022 0 167,000.00 167,000.00 166,999.92 Treasury Note, 1.75%, (912828XR6) U.S. Government 1.83% 5/31/2022 31 179,000.00 179,139.83 178,310.26 Treasury Note, 1.75%, (912828XW5) U.S. Government 0.07% 6/30/2022 61 177,000.00 177,276.56 176,343.17 Treasury Note, 1.875%, (9128282P4) U.S. Government 1.88% 7/31/2022 92 177,000.00 177,414.83 176,924.33 Treasury Note, 1.625%, (9128282S8) U.S. Government 1.74% 8/31/2022 123 168,000.00 168,236.24 167,062.69 Treasury Note, 1.875%, (9 I 28282W9) U.S. Government 1.91% 9/30/2022 153 165,000.00 165,386.71 164,718.17 Treasury Note, 2.0%, (9128283C2) U.S. Government 2.05% 10/31/2022 184 179,000.00 179,475.46 178,509.11 Treasury Note, 2.0%, (912828M80) U.S. Government 2.06% 11/30/2022 214 175,000.00 175,382.81 174,454.00 Treasury Note, 2.125%, (912828N30) U.S. Government 2.24% 1213112022 245 161,000.00 161,377.34 160,091.79 Treasury Note, 2.375%, (9128283U2) U.S. Government 2.50% 113112023 276 169,000.00 169,633.75 168,003.85 Treasury Note, 2.625%, (9128284A5) U.S. Government 2.60% 212812023 304 171,000.00 171,881.71 171,184.09 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.00% 3131/2023 335 250,000.00 248,750.00 251,327.50 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.56% 313112023 335 250,000.00 248,750.00 249,843.75 Treasury Note, 2.5%, (9128284D9) U.S. Government 0.08% 313112023 335 171,000.00 171,641.25 170,243.30 Treasury Note, 0.25%, (912828ZH6) U.S. Government 1.03% 4/15/2023 350 250,000.00 245,585.93 247,820.56 Treasury Note, 1.625%, (912828R69) U.S. Government 1.87% 5/31/2023 396 250,000.00 248,359.38 249,268.63 Treasury Note, 2.625%, (9 I 28284U 1) U.S. Government 2.84% 6/30/2023 426 100,000.00 100,359.37 99,563.57 Treasury Note, 2.75%, (912828Y61) U.S. Government 0.06% 713112023 457 400,000.00 401,687.48 398,795.22 Treasury Note, 2. 75%, (9 I 28284X5) U.S. Government 0.01% 8/31/2023 488 400,000.00 401,437.48 399,721.60 Treasury Note, 2.875%, (9128285D8) U.S. Government 0.67% 9/30/2023 518 250,000.00 251,289.05 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 10/31/2023 549 250,000.00 251,132.80 252,579.39 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 1111512023 564 250,000.00 250,703.13 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 12/31/2023 610 250,000.00 242,343.75 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 1/31/2024 641 200,000.00 199,437.50 199,388.94 Treasury Note, 2.375%, (9128286GO) U.S. Government 0.78% 2/2912024 670 200,000.00 198,937.50 199,264.00 Treasury Note, 0.25%, (91282CBR 1) U.S. Government 2.17% 3/1512024 685 250,000.00 238,906.25 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 2.41% 413012024 731 250,000.00 247,734.38 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government 1.11% 5/31/2024 762 250,000.00 246,250.00 255,107.50

CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended April 2022
Treasury Note, 0.375%, (9l282CCX7) U.S. Government 1.08% 9/15/2024 869 250,000.00 235,937.50 245,359.46 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/15/2024 960 250,00000 238,28125 250,079.39 Treasury Note, 1.125%, (912828ZC7) U.S. Government 129% 2/28/2025 1035 250,000.00 238,125.00 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 3/31/2025 1066 250,000.00 248,125.00 260,224.61 Treasury Note, 0.25%, (912828ZTO) U.S. Government 1.25% 5/31/2025 1127 250,000.00 230,507.80 241,660.01 Treasury Note, 0.25%, (9l2828ZW3) U.S. Government 1.53% 6/30/2025 1157 250,000.00 229,960.93 239,598.86 Treasury Note, 0.25%, (9 I 282CAM3) U.S. Government 1.32% 9/30/2025 1249 250,000.00 228,281.25 240,265.00 Treasury Note, 0.375%, (9l282CBC4) U.S. Government 1.20% 12/31/2025 1341 250,000.00 227,812.50 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 1341 250,000.00 227,812.50 240,365.00 Treasury Note, 1.625%, (9l2828P46) U.S. Government 1.56% 2/15/2026 1387 250,000.00 238,085.93 250,595.69 Treasury Note, 0.5%, (9l282CBQ3) U.S. Government 1.28% 2/25/2026 1397 250,000.00 227,890.63 242,113.19 Treasury Note, 0.75%, (91282CBT7) U.S. Government 1.28% 3/31/2026 1431 250,000.00 229,687.50 244,459.30 Treasury Note, 0.75%, (9l282CCF6) U.S. Government 1.34% 5/31/2026 1492 250,000.00 228,789.05 243,702.50 Treasury Note, 0.875%, (9l282CCJ8) U.S. Government 1.35% 6/30/2026 1522 250,000.00 229,609.38 244,821.96 Treasury Note, 1.25%, (9l282CDK4) U.S. Government 1.28% 11/30/2026 1675 250,000.00 231,875.00 249,602.02 1921132776.87 18,8312068.58 1920352129.o9

REPORT ON COMPLIANCE WITH STATEMENT OF SAFEKEEPING AND INVESTMENT OF PUBLIC FUNDS The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.

REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 5/01/22 through 11/01/22.

WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As of April 30, 2022 the weighted average days to maturity of the City's investment portfolio is 2.04 years.

FOOTNOTES TO REPORT/DEFINITION OF TERMS:
(l) The market value of U.S. Goverrnent Securities was provided by the custodial agent, Charles Schwab.

For the Local Agency Investment Fund the market value represents the contract value.

For all other investments, the market value is equal to book value. (2) Book value of demand deposits equals the bank balance minus outstanding checks plus deposits-in-transit.

Yield to Maturity (YTM): The percentage rate of return for the note assuming that the City holds the asset until its maturity date. It is the sum ofall its remaining coupon payments.

Par Value: Equals face value of security (value of the security when it reaches maturity).

Market Value: The last price for which a security was bought or sold. In this case, the value as of the last day of the month of this report.

Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting purposes).

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 11, 2022

ITEM FOR COUNCIL CONSIDERATION
Adoption of the attached Resolution No. 6148, authorizing signers on City bank accounts.

STAFF RECOMMENDATION
Adopt Resolution No. 6148, authorizing signers on City bank accounts.

Sample Motion: I move adoption of Resolution No. 6148, as read by title only.

BACKGROUND / DISCUSSION
On occasion the City has a need to make changes to the list of employees authorized as bank signers. The need for updating the list can be precipitated by a change in staff, reorganization and/or change in staff responsibilities. Resolution No. 6148, if adopted, will authorize a change of signatures on all City bank accounts.

POLICY CONSISTENCY
The City's approved signers list was last updated and approved via Resolution No. 6080, on January 10, 2022.

FINANCIAL CONSIDERATIONS
None
LEGAL
None
G:\Licette\STAFF\Signature Change 7-11-22.docx
Approving changes to the authorized signers list for City bank accounts July 11, 2022

Page 2 ends

PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown

ATTACHMENTS
A. Resolution No. 6148
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
~ Signature
G:\Licette\STAFF\Signature Change 7-11-22.docx
Attachment A
Resolution 6148
RESOLUTION NO. 6148

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA AUTHORIZING SIGNERS ON BANK ACCOUNTS FOR

THE CITY OF CARPINTERIA AND SUPERSEDING ALL PRIOR

AUTHORIZATION
WHEREAS, the City of Carpinteria on occasion finds it necessary to make changes to the list of employees authorized and empowered to sign on bank accounts on behalf of the City; and
WHEREAS, The City's practice is for the City Council to authorize bank signers via Resolution.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Manager, or their designee, is authorized and directed to open and maintain such bank accounts in banks or savings institutions as they deem necessary and advisable for the conduct of the affairs of the City and any two of the following persons, acting together, and coexistent with all applicable City policies and procedures, are authorized and empowered to execute checks and other items of indebtedness for and on behalf of this City.

Dave Durflinger, City Manager
Licette Maldonado, Administrative Services Director
Michael P. Ramirez, Assistant City Manager
Brian C. Barrett, City Clerk
SECTION 3. This resolution authorizing signers on City bank accounts supersedes all prior authorizations.

Resolution No. 6148

Page 2 ends

PASSED, APPROVED AND ADOPTED on the 11th day of July, 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 July 11, 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
City of Carpinteria
Couttcn- Aceruol Srlrr Reponr
July 11,2022

ITEM FOR COUNCIL CONSIDERATION
Agreement with Sweeping Corporation of America for Street Sweeping Services.

STAFF RECOMMENDATION
Authorize the City Manager to Execute a One-Year Agreement with Sweeping Corporation of America for Street Sweeping Services in an Amount Not-To-Exceed $218,868.85.

Motion: I move to authorize the City Manager to Execute a Five-Year Agreement with Sweeping Corporation of America for Street Sweeping Services in an Amount Not-ToExceed $218,86B.85. (This motion requires a roll callvote.)

BACKGROUND
Operation of a street sweeping program is required by the NPDES Phase ll Small Municipal Separate Storm Sewer System Permit (Small MS4)1, as adopted by the State Water Resources Control Board (State Water Board) in 2003. ln 2015, the State Water Board adopted an amendment to the Water Quality Control Plan for Ocean Waters of California (Ocean Plan) to Control Trash and Part 1 Trash Provisions of the Water Quality Control Plan for lnland Surface Waters, Enclosed Bays, and Estuaries (ISWEBE Plan), collectively referred to as "Trash Amendments."
Each Small MS4 in California, including the City of Carpinteria, is required to submit an lmplementation Plan for complying with the Trash Amendments. ln November 2018, the City submitted the lmplementation Plan in accordance with the Trash Amendments. As a part of the lmplementation Plan, optimization assessment of the City's Street Sweeping Program was incorporated as an element. The City's current Street Sweeping Program services approximately 23 curb miles in the commercial districts and 35 curb 1 National Pollutant Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems Agreement with sweeping corporation of America for street sweeping Services July 11 ,2022

Page 2 ends

miles in the residential districts. The City administers the Street Sweeping Program through contract street sweeping services.
ln September 2019, the City Council authorized the City Manager to execute an Agreement with Pacific Sweep, LLC for an initial term of five (5) years for the total sum of $297,000, or $59,400 annually. On February 28,2022, the City received a written notice from Pacific Sweep, LLC regarding a cessation of service (Attachment A). Upon receiving this notice, staff procured interim street sweeping services from Sweeping Corporation of America (Oxnard, CA).
ln April 2022, staff issued an RFP to provide street sweeping services. ln May 2022, staff received one proposal which was from Sweeping Corporation of America (Attachment C). ln price negotiations to date with Sweeping Corporation of America, the proposed annual price would be $248,650.40. Explanation of the price is discussed below.

The purpose of this agenda matter is for the City Council to authorize the City Manager to execute an Agreement with Sweeping Corporation of America for street sweeping services.

DISCUSSION
ln April 2022, staff issued a request for proposal (RFP) to provide street sweeping services. ln May 2022, staff received one proposal which was from sweeping Corporation of America. Staff evaluated the proposal through a qualifications-based selection (OBS) process. The QBS process for maintenance-type services such as street sweeping is a competitive procurement process in which the highest-rated firm is selected based on qualifications. Qualifications are based on the following criteria:

1. The firm's qualifications and ability to perform the work based on information provided by the firm and client references.

2. The firm's supervisor, operators, and any subcontractor's qualifications, knowledge of local conditions and ability to perform the work based on information provided by the firm.

3. The firm's responsiveness and availability to the City, and the ability of the firm's supervisor, operators, and any subcontractor(s) to effectively and efficiently to provide the service.

4. The firm's understanding of the scope of services as demonstrated by its approach, the proposal's responsiveness to the RFP and the City's needs, and its demonstrated ability to meet the contract.

5. Based on client references, the firm's performance on similar services.

Fee proposal negotiations are then entered into with the firm receiving the highest rating in the proposal evaluation including interviews. A fee proposat is initially not requested for in the RFP. A separate fee proposal is requested once the firm that receives the highest rating is determined. This fee information is used as a basis for negotiation. ln Agreement with Sweeping Corporation of America for Street Sweeping Services July 11,2022

Page 3 ends

the event negotiations are not successful, the City may enter into negotiations with the firm or firms receiving the next highest rating.

One of the possible reasons that the City only received one bid under this competitive process is its location in proximity to vendors that provide this service, or the lower volume of work. The City did receive communication from one potential vendor that they would not be submitting a bid due to insufficient equipment to meet the City's requirements. Based on the QBS process, staff determined Sweeping Corporation of America provided a proposal that demonstrated its qualification and ability to perform street sweeping services with technological efficiency. Further, staff received and negotiated a fee proposal from Sweeping Corporation of America and determined the fee proposal to be cost feasible.

The following core street sweeping services will be part of the contract:

Reqularlv Scheduled Services
Commercial districts and City parking lots will continue to be swept every Tuesday.

Residential districts will be swept on the first and third Wednesday of every month in order to reduce greenhouse gas emissions by reducing the amount of travel time from the street sweeping company's dispatch location.

Special Event Services
Street sweeping services will be provided for special events.

Emergencv Services
On-call, 24-hour emergency street sweeping services will be provided Equipment
Mechanical broom and regenerative-air street sweepers will be provided for a more effective operation on heavier debris such as sand and uneven surfaces. Street sweepers will be operated at the manufacturer's recommended speeds and not to exceed eight miles an hour (8 mph). Street sweepers will comply with the California Air Resources Board requirements. Street sweepers will be equipped with directional beacons, strobe safety lights, and backup/reverse alarms. Street sweepers will be maintained in a clean appearance. Except in the event of an emergency, no street sweeper will be stored in the public right-of-way.

Street sweepers will be equipped with global positioning system (GPS) devices and video recording equipment with files available to the City upon request. Additionally, written logs will be maintained by the street sweeping company.

Agreement with sweeping corporation of America for street sweeping services July 11,2022

Page 4 ends

Water is required when sweeping in order to reduce dust. The street sweeping company will make arrangements with Carpinteria Valley Water District for metered water. All street sweepers will be outfitted with backflow prevention devices. These costs are included in the proposal as other direct costs.

The street sweeping company will also provide measurements of the daily amount of debris collected to comply with the State Water Board and the California bepartment of Resource, Recovery, and Recycling (cal Recycre) reporting requirements.

Sweeping Corporation of America is currently headquartered in Cleveland, OH. ln December 2021, Sweeping Corporation of America acquired the contracts of the former Venco Power Sweeping, lnc. (Oxnard, CA), and will be operating its services from Oxnard, CA.

POLICY CONSISTENCY
The award of the street sweeping services contract is consistent with the NPDES phase ll Small MS4 Permit and the City's interest in maintaining streets and other public property in a manner that is safe, minimizes negative impacts on the environment, including, in particular, creeks, the salt marsh, and ocean waters, and is aesthetically pleasing.

FINANCIAL CONSI DERATIONS
Labor for street sweeping operations increased by approximately 140-percent due to recent determinations issued by the California Department of lndustrial Relations to include street sweeping operators in the prevailing wage requirements2. Fuel prices increased by approximately 3O-percentin 2022, and other direct costs increased by approximately 8.S-percent in the same period of time. These increases result in a curb mile rate of $142.55 as proposed by Sweeping Corporation of America. There are approximately 23 curb miles in the commercial districts and 35 curb miles in the residential districts.

The proposed fee for street sweeping services is an annuar cost of $21g,g6g.gs or a monthly cost of $18,239.07. The proposed fee is based on a curb mile rate of $142.55 The Public Utilities Committee recommendation it to award a one-year agreement at this time and re-release the RFP in spring 2029.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The award of the street sweeping services contract is a maintenance-type service contract and is exempt from the bidding procedures of the California Uniform Construction Cost Accounting Act for maintenance work. Further, the award of the street sweeping services contract is not supplies or equipment, and is not required to 2 Public Works Case No. 2O2O-005. California Department of lndustrial Relations. 4 October 2021 Agreement with Sweeping Corporation of America for Street Sweeping Services July 11 ,2022

Page 5 ends

be purchased as supplies or equipment through the bidding procedures of Carpinteria Municipal Code Chapter 3.32 (Purchasing System). However, competitive procurement is still required to be consistent with the intent and spirit of said chapter. The award of the street sweeping services contract is based on the competitive procurement of the QBS process which is consistent with the intent and spirit of said chapter.

OPTIONS

1. Approve a one-year term agreement for Sweeping Corporation of America. (Staff Recommendation)

2. Reject the proposal by Sweeping Corporation of America and reissue the RFP

3. Advise staff concerning any changes as determined necessary

PRINCIPAL PARTIES EXPECTED AT MEETING
Representative(s) of Sweeping Corporation of America

ATTACHMENTS
Attachment A:

Attachment B:

Attachment C:

Notice of Cessation of Services
Sweeping Corporation of America Proposal
Agreement for Street Sweeping Services
Staff contact:

Erin Maker, Environmental Program Manager
[email protected]; (805) 880-341 5
Reviewed by:

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

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

ATTACHMENT A
Notice of Cessation of Services
)gms:;
City of Carpinteria
5775 Carpinteria Ave
Carpinteria, CA 93013
2128/2022
Dear City of Carpinteria,
Pacific Sweep has been in business and operated in Ventura County for over 40 years. I started this company with my wife in 1983 and have had the pleasure of working with some amazing customers and employees over all of those years. ln those decades, both the industry and economic environment has gone through massive changes. Regardless, we have stayed open and tried to evolve and survive, addressing challenges and adapting.

Unfortunately, like many businesses trying to operate for the last two years in an economy that has been devasted by COVID, we have struggled and faced over these last 24 months financial challenges that have been insurmountable. We have faced skyrocketing fuel prices, labor prices that have reach unsustainable levels, repair costs which have risen to unseen levels and parts that simply cannot be obtained or sourced due to global issues, which are necessary to keep trucks on the road. All the while trying to service a customer base that has faced their own issues with COVID and have either slowed down their payments to us stretching their terms months, years and/or simply not paying due to their cash struggles.

This week we finally suffered a loss on our remaining truck that can service your account and despite our best efforts, we cannot bring it back to service. The only option remaining to us would be a replacement truck, which would take over a year to receive and parts that are un sourceable. There is a backlog in trucks being ordered by every city hundreds of units long and leads times cannot even be obtained. Regardless, the financial impacts of COVID outlined above make it an untenable proposition.

It is with great disappointment that we have to communicate that effective immediately our small business will cease to operate and you will need to have your sweeping needs serviced by another provider.

We have spoken with Sweeping Corporation America (SCA) who purchased Venco recently, and they have stated they have capacity to take on additional work and the resources to service them. They are aware of our loss of trucks and have moved equipment to the area this weekend, should you desire to utilize their services.

Sweeping Corp of America is the largest sweeping company in the United States, with over 1,700 employees and servicing private and public municipalities in over 55 locations. Venco can be reached at 805-201-0040, with Michael being the main contact for customers.

Again, it is with great sadness and disappointment that we find ourselves in this unfortunate place. A business anticipates ups and downs of any industry, regulatory changes that impact equipment, but a once in a 100 year pandemic simply was not something to overcome combined with the previous business environment issues.

Sincerely,
0Ni/HoflAiw
David Hopkins

ATTACHMENT B
Street Sweeping Corporation of America proposal
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RESPONSE TO THE CITY OF GARPINTERIA, CA

TO PROVIDE

STREET SWEEPING SERVICES
RESPONSE CONTENTS:

1. Transmittal Cover Letter

2. Executive Summary

3. Firm's Contact lnformation

4. Financial Relationship

5. Descriptions of the:
a. Organization
b. Sweeping equipment
c. Experience and capabilities of the supervisors and operators

6. Why SCA is best suited to provide these services and why participation will make services successful. Experience, qualifications, expertise, and references.

7. Summary of the Firm's Approach
1-888-SWEEPING sweepingcorp.com
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Sweeping Corp of America

1. Cover Letter
May 3,2022
Dear City of Carpinteria Public Works Department,
Thank you for the opportunity to submit this bid response for the city's sweeping services. The enclosed proposal has one overriding goal; fo provide high-caliber, environmentatly beneficiatsweeping services, exceptional customer seruice, and measurable economic value to the City of Carpinteria.

Venco Power Sweeping was founded in 1960 and on December 16, 2021, Venco was acquired by Sweeping Corp. of America (SCA). To view the news release, please click here. At SCA, we do the right thing, at the right time, for the right reason, all the time. This is an essential part of our core values that guide us in being the leader in sweeping services coast to coast. By efficiently managing our extensive resources and steadfastly adhering to our core values, we can provide the most economical sweeping services to our customers.

We believe we are the most qualified contractor for this contract because we have a proven track record and have demonstrated solid performance in street sweeping competency with many municipalities, as well as working exclusively with thousands of industrial and commercial customers, most of which have been our clients for many years.
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Our competitive but fair pricing, demonstrated reliability and professionalism, coupled with our willing and able staff makes awarding to Sweeping Corporation of America a risk-free choice to take over all your street sweeping requirements.
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A few important attributes that set us apart from perceived competition are:
o Verified Sweeping ServicerM to confirm work is getting completed, the right way The foundation of SGA lies in our dedication to customer service and ourteam. Our proven track record for safety, quality and reliability has established a trust with our customers and employees that is unmatched among other power sweeping providers. Many companies claim dependable seruice; however, we can prove 11. SCA is very excited about this opportunity and the possibility of a new, longterm partnership with the City of Carpinteria. lf you have any questions regarding our proposal, please do not hesitate to contact us s1 805-201-2040
Sincerely,
The SCA California Team
Site Manager
SCA Authorized Signature
Mike Justice
Title
5t5122
Print Name Date
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2. Executive Summary
WHO I scA?
Our proposal contains important information regarding Sweeping Corporation of America (SCA), our capabilities and qualifications to perform the street sweeping work called for in your RFp. We understand that the City of Carpinteria, California is seeking a qualified contractor that will follow the specifications set forth in this RFP and to confirm scA has over 60 years of experience performing this type of work. venco power Sweeping was founded in 1960 and on Dec. 16,2021, Venco was acquired by scA. To read the news release, please click here. we are excited about the opportunity to present why scA is the preferred choice by municipalities for all of carpinteria's street sweeping requirements.

SCA is the largest power sweeping services company in the United States. Headquartered in Cleveland, OH, SCA self-performs power sweeping for highways, streets, industrial and commercial applications for both private and government entities. Customers served include municipalities, state departments of transportation (DOTS), commercial, infrastructure, and construction clients. ln November 2020, SCA was purchased by Warburg Pincus, a leading global private equity firm. The investment will allow SCA to accelerate its sales and marketing efforts, continue to invest in best-inclass vehicles and technology and help the company identify strategic relationships and acquisition opportunities.

Being the industry leader, we offer over 60 strategic locations across the United States, covering 22 states, with more than 1,900 professional employees, and a 1,7g0-vehicle fteet. SCA is committed to providing our customers with environmental service that reduces stormwater and air pollution to meet NPDES MS4 Permit requirements. Our expansive service footprint, experience, and flexibility, as well as our unrelenting focus on safety and technology, positions SCA to be the premier choice for all of Carpinteria's power sweeping requirements. 1-888-SWEEPING sweepingcorp.com
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Sweeping Corp of America
Our satisfied customers (we have a 100o/o satisfaction guarantee!) count on SCA to power sweep streets, parking lots and highways as well as construction, industrial, and special event sites. Our sweeping fleet utilizes the latest mechanical broom and regenerative air vacuum trucks that can handle everything from heavy debris on an interstate to dirt tracked onto road surfaces during construction projects or parking lot litter.

RESEARCH & DEVELOPMENT PROJECT: VERIFIED SWEEPING SERVICE@ We are the only sweeping company that has developed and is currently betatesting in Atlanta, GA a proprietary proof-of-performance solution called, Verified Sweeping Service@ (VSS). Our state-of-theart VSS portal will allow our customers to confirm that specific geofenced areas (contracted segment of roads/highways) have been swept, minimizing the use of a human inspector, and saving on costs. lf the betatesting is successful, Carpinteria may have the opportunity to utilize this potential proof-ofperformance service. Carpinteria would have visibility into our active contract and would be able to view agreed to geofence boundaries, service parameters (max speed, min broom time, etc.) and a history of work order completions. Our VSS portal would also be available on desktop and mobile devices to allow for convenient access at any time to view predetermined performance metrics, realtime execution progress, and historical perspectives of SCA's services. 1-888-SWEEPING sweepingcorp.com
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3. Firm's Contact lnformation:

Firm's Name:

Background:

Contact Person
Corporate Office
Local Office Address:

City, State, Zip:

Phone Numbers
Website:

Sweeping Corp. of America (Operating as Venco power Sweeping) Venco Power Sweeping was founded in 1960 and on Dec. 16,2021, Venco was acquired by scA. To read the news rerease, prease click here. Today, SCA is the largest, self-performing sweeping company in the United States. Our 1,900 safety-focused team members currently serve over 600 municipalities, 12,000+ commercial customers in over 22 states from 60+ facilities utilizing a fleet of over 1,700 vehicles. For more info, please visit www.sweepinqcorp.com.

Mike Justice - Site & Fleet Manager
4141 Roadside Road, Suite 100, Cleveland, OH 44151
2400 Eastman Avenue
Oxnard, CA 93030
805-201-0040
WWW. eornoco rp.com
Electronic Mail Address miustice@sweepingcorp. com

4. All Existing and Past Financial Relationships between SCA and Proposed Subcontractors and current Members of the Gity council, city staff, and entities.

The only relationship we identified was that our Site Manager, Mike Justice's former landlord, Al Clark, is now a Council Member in the City of Carpinteria. Mr. Clark was Mike's landlord from 2001-2009, however, Mike relocated in 2009 and that is when the financial relationship ended.

At this time, SCA was unable to identify any additional past or current financial relationships with any individuals or entities listed in the request for qualification/proposal.

Also, we will not be subcontracting the sweeping business and will be self-performing it, however, we may utilize a third-party disposal hauling business to transfer the waste for environmentally-friendly disposal and/or recycling (mulch).
1-888-SWEEPING sweepingcorp.com
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Sweeping Corp of America

5. Descriptions of the Proposed Service Organization, Sweeping Equipment, and Specific Experience and capabilities of the Supervisor and Operators.

Service Organization:

Sweeping Equipment:

Sweeping Corp. of America (Operating as Venco Sweeping) We use Tymco 435's for both the street sweeping and parking lots ln Carpinteria. One is a2014 and the other is a2016. We will use a 2014 Elgin Broom bear CNG for sand and gravel clean up as necessary. We also use electric blowers on parking lots. (Gas blowers are illegal in the city.)
We have backup equipment parked in the city of Santa Barbara and Oxnard 30 mins away.

Specific Experience and Gapabilities of the Supervisors and Operators:

SUPERVISORS
o Mike Justice
o 20 years as Venco Fleet Manager and one month as Site Manager o Contact info: 805-432-4680 available 2417
o Email: [email protected]
o Angel Gonzalez
o 20 years at Venco; 15 as an Operator and five (5) as Operations Manager o Contact info: 805-890-8594 available 2417
o Email: [email protected]
o Guadalupe Yazquez
o 7 years' experience as Dispatcher / Office Manager and now Operations Manager
o Contact info: 805-201-0040 also available 2417
o Email: [email protected]
1-888-SWEEPING sweepingcorp.com
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Sweeping Corp of America
PRIMARY OPERATORS:
o Three (3) years' experience sweeping the City of Carpinteria o 20 year Army veteran
o Lifetime resident of Carpinteria
o 12 years' experience and he also sweeps the Santa Barbara arterial route One of our other operators will be using the rear broom sweeper when necessary. Our employee average for this site is approximately 15 years with several that have over 30+ years of local Santa Barbara and Ventura County sweeping experience. Please see the attachment for experience.

MECHANICS
o 21 years' experience at Venco
o 14 years' experience at Venco
o 3 years'experience
o 2 years'experience

6. A Brief Explanation of Why the Firm is Best Suited to Provide these Services and why Participation will make its services successful.

Why the Firm is Best Suited and to be Successful:

SCA and its legacy companies have over 565 years of sweeping experience based on the number of years since their inception! We pride ourselves as being the most highly trained and experienced sweeping company in the nation and our ability to rise-up to a new challenge is unsurpassed. We have expended our service territory by acquisition but also by establishing true greenfield sites. Our size 1-888-SWEEPING sweepingcorp.com
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Sweeping Corp of Amerlca
gives us the ability to meet and exceed the changing demands of our growing customer base as we service the most municipalities of any other sweeping company in the United States.

Regionally, The SCA California Team has extensive knowledge of working in the public sector and currently sweeps over 200 municipalities. SCA will dedicate the appropriate amount of equipment and personnel, dependent of mileage/frequency chosen by Carpinteria, to complete all scheduled work in a timely manner. This effort will be overseen by Mike Justice, Site Manager / Fleet Manager, and Angel Gonzalez, Operations Manager. All drivers are experienced in municipal street and parking lot sweeping.

OUR SAFE AND HIGHLY QUALIFIED DRIVERS:

To ensure the highest quality service, SCA is a drug free workplace. All SCA operational personnel must meet the
following guidelines/requirements:
o Pass a pre-hire drug screen, background check
and physical
o Annual review of their Motor Vehicle Record
o Always wear an ANSI class three (3) safety vest
. Participate in monthly safety meetings
o lf employee accumulates more than 6 points on
their MVR in a 3-year period they are subject to
immediate dismissal
. For any of our larger equipment that requires an
operator to hold their CDL, below are the additional
requirements.
. Possess a current commercial
driver's license and valid DOT
medical card
. Subject to random drug & alcohol
screening
1-888-SWEEPING sweepingcorp.com
SGht
Sweeping Corp of America
Extensive job specific training is provided via equipment manufacturer's video, insurance videos, and hands-on training. A supervisor will ride with each new employee until they are proficient in the safety, maintenance, and operation of a street sweeper. SCA drivers are always required to adhere to traffic laws and are aware that offenses such as sweeping against the flow of traffic will result in disciplinary action up to immediate dismissal. All our maintenance staff are factory trained and undergo additional training annually. Uniformed SCA (Operating as Venco Power Sweeping) personnel operate clea1y identified sweepers which include our company logo, phone number, operational location and USDOT number.

SAFETY
To enhance equipment visibility and the safety of the traveling public all SCA sweepers and follow trucks include the following: backup camera, a 360-degree rotating beacon on the front of the vehicle, LED marker and taillights, work lights, reflective tape, multiple strobe lights, and slow-moving vehicle signs. SCA Regenerative air sweepers are equipped with ICC bumpers to provide under ride protection and utilize a crash attenuator (alpha 1000 or equal) for all sweeping operations that occur between dusk and dawn. Our mechanical broom sweepers and follow trucks possess a"48X96" Class C LED arrow board on the rear of the machine. Additionally, SCA follow trucks include a 62 MPH truck mounted attenuator for use on higher speed roads. SCA meets or exceeds all MUTCD guidelines for traffic control & safety.

SCA operational personnel are furnished with all personal protective equipment such as first aid kit, gloves, safety glasses, dust masks, safety vests, flashlights, 101b. fire extinguisher, etc. required for the performance of their duties. All company vehicles carry a copy of our sweeper Equipment Fluid Release sop and our Hazardous Material Spill Response Kits and Reporting sop. These items are reviewed with operational personnel at each location on a regular basis.

Safety is a priority for SCA managers and in an effort to enhance safety, our SiAFETY cctNsiclcilJEi managers: perform quarterly vehicle inspections, hold formal monthly safety -ELWAySmeetings, review driver accident procedures, review spill SOP, have daily safety talks with drivers, review work zone safety guidelines, require personnel to attend annual defensive driving courses, perform Pre/Post trip vehicle file audits, review driver safety rules, perform a quarterly road test with each driver, and perform random audits regarding traffic control. We currently host monthly training and are in the process of rolling out a formal safety training program that includes over 40 different safety training topics. Periodically our insurance company visits our operational facilities for safety inspections.

SCA company policy states that if any operational personnel were involved in any type of accident or property damage the employee is to immediately notify their supervisor. SCA management would then contact the person SCDr
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involved to resolve the issue at no cost to the city and report the details to the appropriate city personnel. ln the event SCA is involved in a vehicle accident the location supervisor and corporate safety manager will review and investigate the accident to minimize the chance of reoccurrence.

Our highly trained professional operators, combined with our reliable equipment, ensure we are prepared for any cleaning challenge. We guarantee we will exceed your expectations! Firm's Related Experience: We currently provide sweeping services to over 600+ municipalities nationwide.

Qualifications: Locally, we currently provide sweeping services to 16 municipalities.
ln California, we currently provide sweeping services to 200+ municipalities.

Expertise:

Venco Power Sweeping was founded in 1960 and was acquired by SCA on Dec. 1 6, 2021. To view the news release, please click here. Established in 1988, SCAwasfounded in Nashville, Tennessee with the vision of partnering with municipalities and Departments of Transportation (DOTs) to sweep their highways, streets, and roadway systems. Today, we service over 600 municipalities across the country. A sampling of a few of our California municipal customers are outlined below:
1 2
3 4
5 City of Santa Barbara (One year)
City of Goleta (Seven years)
City of Ventura (16 years)
City of Oxnard (24 years)
City of Camarillo (14 years)
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Our employees are the key to our success. With thousands of years of experience, we are confident we have the most experienced staff in the US. Below are brief bios of our executive leadership as well as our local management that would provide oversight for Carpinteria:
1-888-SWEEPING sweepingcorp.com
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SCDr
Sweeping Corp of America
Christopher Valerian - Chief Executive Officer (Relevant experienc e - 20 years) Chris is the President, Chief Executive Officer, and a member of the Board of Directors of SCA. prior to joining SCA in 2017, Chris was the Chief Operating Officer of a private equity backed waste management company in the southeastern US. Earlier in his career he was a partner and CEO of Live Earth, a waste-by rail operation from the East Coast to Ohio and prior to that he was a partner and CEO of Liberty Waste and Recycling in Tampa, Florida, a regional solid waste management company.

Chris is a former US Marine and has a BSBA from The California State University.

Joe Frola - Executive vice President (Rerevant Experienc e - 2l years) Joe is the Executive Vice President of Operations. He has responsibility for our overall operational excellence and efficiency as well as oversight of fleet management, procurement, and acquisition integration. He has more than 21 years'experience in leading operations for construction and solid waste businesses. For the last ten years he has worked in both a publicly traded and private equitybacked setting to deliver results through operational improvement in fleet efficiency, maintenance process control and driving safety culture. Mr. Frola is a hands-on manager who is experienced in recruiting, hiring, and managing a diverse labor force, included union labor, across a broad geography.

Joe is a Registered Professional Engineer in Ohio and has a BS from The Ohio State University.

Additionally, he has both a BS and MS in civil engineering from The University of Akron.

Michael Latanza - Executive Vice President (Relevant experience -2lyears) Michael is the Executive Vice President of Strategy & Development. ln this role, he leads SCA's mergers & acquisitions team, sales and marketing efforts, and strategic planning. prior to SCA, Mr.

Latanza was the owner and operator of USA Services of Florida, the largest street sweeping company in the state and one of the largest in the country. Mike brings the unique value of having the depth of experience of over 25 years in the sweeping industry at all levels of the operation including truck operations and maintenance, customer relations, business development, process improvement, contract bidding/negotiation, mergers & acquisitions, and executive management.

Mike has a BSBA from the University of Central Florida. 1-888-SWEEPING sweepingcorp.com
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Sweeping Corp of America
Matthew Spencer, EVP & Chief Operating Officer
Matt is the Executive Vice President and Chief Operating Officer of SCA. Prior to SCA, Matt held the role of Chief Operating Officer since 2017 of a private equity backed environmental services company and was Senior Vice President of Operations from 2015 to 2017. ln this role, he was responsible for environmental, health and safety, training/organizational development, commercial sales, engineering, and fleet procurement for over 90 locations, 1,600 employees and a P & L budget of $420M. For the 12years prior, Matt held progressive management positions in safety and operations for the two largest publicly{rade solid waste companies that included Area Safety Manager to General Manager of a $90M vertically integrated market. Matt has a BS from the University of South Carolina.

Anthony Gincotta, Region Vice President - West
Tony Cincotta has 23 years' experience in the transportation industry and has held roles of increasing responsibility in the construction materials industry, waste industry and power sweeping industry including holding roles as a driver, operations manager, division manager, general manager and now currently holds the role of Region Vice President. Tony oversees a region that includes over 500 employees in 2 states serving over 70 municipalities.

David Padilla, General Manager - California
David joined SCA in October of 2021 as one of our General Managers overseeing Southern California operations. Prior to SCA, David was a General Manager for DBi Services, an asset maintenance company where he managed operations in seven states and over 1,000 employees.

From 2010 until 2021, he served as the Construction Manager for Hollywood-Burbank Airport, managing all landside and airside capitol and PFC-funded projects. Before the airport role, David worked for 25 years as Vice President for a privately held general engineering and road construction company specializing in municipal and government capital improvement projects. 1-888-SWEEPING sweepingcorp.com
SCDr
Sweeping Corp of America
Areas of Specialization:

Government Gontracts:

References:

Client 1:

Client 2:

Client 3:

Street & Highway DOT Sweeping, Local Roadway and Residential Sweeping, Parking Lot & Garage Sweeping.
ln the nearby four counties alone, we currently provide sweeping services to the following municipalities via government contract:

1. City of Santa Barbara (One year)

2. City of Goleta (Seven years)

3. City of Ventura (16 years)

4. City of Oxnard (24 years)

5. City of Camarillo (14 years)
City of Santa Barbara
Nick Cabucos
805-331-9424
City of Ventura
Chris Palmeri
805-701-1722
City of Camarillo
Leo Alamio
805-405-7532
L-888-SWEEPING sweepingcorp.com
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Sweeping Corp of America

7. Summary of the Firm's Approach to the Services
The SCA street sweeping plan utilizes a routing and reporting process developed in conjunction with the Carpinteria Public Works Department that categorizes roads into "Residential Roads" and "Arterial Roads". Segmenting this way promotes accuracy in identification and ease of communication related to scheduling, sweeping, reporting, tracking, and auditing all curbed city streets. We will sweep the routes as scheduled with regenerative air sweepers and bring in the rear broom machine for special problem areas like the beach area and the end of Carpinteria Avenue where graveltends to build up.

To address safety, efficiency and minimize the disruption to traffic flow, as well as constituent sleep cycles, the below schedule is proposed:
. Daytime Sweeping (unless specific request or other city need) a. 4 am arterial sweeping (primarily the downtown area) b. 8 am residential sweeping
Regular communication will occur with the City of Carpinteria's designated representative on the status of routes. ltems that will be conveyed, and not limited to, will be status of monthly sweeping schedule, delays, or changes in route strategy and/or completion, equipment issues and correction action, etc.

Debris Collection (if required bv the Citv of Carpinteria) This sweeping plan also allows for historical tracking of debris volume, enabling the pinpoint targeting via frequency adjustments to high-volume areas of debris. This plan includes training and follow up for all team members in disposing of collected street sweeping waste at appropriate certified landfills. All supporting documents (dump tickets) will be provided to Carpinteria as part of the regular reporting process.

Qualitv Assurance/Qualitv Gontrol
SCA will task the Operations Supervisor or the designated representative member of Site Management to inspect a minimum of 10o/o of the work performed and schedule any needed corrections within 48 hours. Our quality goal is to remove 95% of the debris considered normal day to day buildup and this plan will allow for the completion of the sweep cycle and allowing additional shifts to correct any audit deficiencies. Follow up sweeping resulting from an audit deficiency will be performed at no cost to 1-888-SWEEPING sweepingcorp.com
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Srveeping Corp of Anrerica
Carpinteria' ln the event of ongoing contract deficiencies SCA will submit a Corrective Action plan to carpinteria with targeted scope and date, time completion goals.

SCA can furnish reports to Carpinteria reflecting route (from to location specific), personnel, equipment, hours worked and dump tickets from debris disposal for a set term of time. we utilize sweepers meeting PM-10 criteria for control of particulate matter. scA will utilize waterfor dust suppression. we will not utilize water at a temperature of 40oF or less to avoid icing of the roadway. sweeping will not occur during heavy rain or during periods of snow or ice.

SCA operates from SCA (Operating as Venco power Sweeping) facility located a|2400 Eastman Avenue, Oxnard, CA 93030. This location houses the SCA Operations Offices and Fleet Service Facility. The Fleet Team assigned to the Oxnard location is composed of the Maintenance supervisor, four full time mechanics and one shop helper.

Special Events & Post-Storm
We realize the need for a timely response to Special Events and Post-Storm situations. This plan is formatted to allow a 2-hour response during normal working hours (Sunday - Thursday gpM to 5AM and Monday-Friday 7am to 4pm) and a four-hour response during non-working hours regardless of the day. Complaints, regardless of the source, will be investigated the same day notified and corrective measures will be applied within 48 hours. After corrective measures have been taken, the party registering the complaint will be notified of the outcome. All SCA service vehicles display the 1-gggSWEEPING phone number that is monitored 24 hours per day, 7 days per week. This guarantees a swift response to any inquiry, concern, or complaint.

Eme and N merqencv ponse
We realize the need for a timely response to emergency and non-emergency situations. This plan is formatted to allow a one-hour response during normal working hours (Sunday - Thursday gpM to SAM and Monday-Friday 7am to 4pm) and a two-hour response during non-working hours regardless of the day.
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ATTACHMENT C
Agreement for Street Sweeping Services

AGREEMENT T'OR STREET SWEEPING MAINTENANCE SERVICES
THIS AGREEMENT FOR STREET SWEEPING MAINTENANCE SERVICES ("Agreement") is made and effective as of the First day of July 2022 by and between the City of Carpinteria, a municipal corporation ("CitV"), and Street Sweeping Corporation of America ("Contractor") (collectively, the "Parties") at Carpinteria, Califomia, with reference to the following facts:

City has determined that it is necessary and appropriate to engage a contractor to carry out the services described herein; and
Contractor has represented itself as being fully qualified and available to perform the contracting services necessary to complete the work in a timely manner; and City desires to contract with Contractor and Contractor is willing to perform the contracting 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:

I. SERVICES.

1.1 Basic Work. City hereby retains Contractor to perform the services described and set forth in the attached Exhibit A ("Basic Work"), which is incorporated by this reference as though set forth in full. Contractor agrees to fumish at his own expense all labor, materials, equipment, tools, transportation, and services necessary for the successful completion of the Basic Work, except such materials, equipment and services as may be stipulated in Exhibit A. Contractor shall complete the Basic Work 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 Work. In addition to the Basic Work, City may elect to have Contractor perform additional work that is beyond the current scope of the Basic Work ("Additional Work"). Such Additional Work shall be mutually agreed to in advance and specified in a writing, which shall also specify the basis for the Contractor's fee for such Additional Work. Basic Work and Additional Work are referenced collectively as "Work."

2. PERX'ORMANCE.

2.1 Standard of Performance. Contractor 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 Contractor hereunder in meeting its obligations under this Agreement. Contractor shall review all plans and specifications and report any enors or omissions to the City before beginning any Work. Contractor shall not engage the assistance of subcontractors for performance of the Work unless previously agreed to in writing by the Public Works Director or his/her designee.

4. All Work is to be completed in accordance with, and as applicable to the latest revision of Santa Barbara County's Engineering Design Standards, City of Carpinteria Municipal Code, Caltrans Standard Specifications for Public Works Construction, and traffic control as set forth in accordance with the provisions of the Califomia MUTCD or as specified by the Public Works Director or his/her designee.

2.2 Comnletion of Work. Work shall be completed within 365 days of the signed date of this Agreement, unless extended in writing by the City.

2.3 Labor and Materials. Contractor agrees to furnish at his own expense all labor, materials, equipment, tools, transportation, and services necessary for the successful completion of the Work, except such materials, equipment and services as may be stipulated in Exhibit A. Contractor shall supervise fulfillment of the provisions of this Agreement by its employees and subcontractors and shall be responsible for the timely performance of the Work as required by this Agreement.

2.4 Review of Work. Contractor shall furnish City with reasonable opportunities from time to time to ascertain whether the Work is being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by the Public Works Director or his/her designee; Contractor is not authorizedto provide final approval or review, which is solely City's function and role. City review and approval of such Work shall not, however, relieve Contractor of any of its obligations under this Agreement.

2.5 Contract Administration. The Public Works Director or his/her designee shall represent the City in all matters relating to the administration of this Agreement. The Public Works Director or hisftrer designee shall have the authority to act on the City's behalf to review and approve all Work submitted by Contractor and may execute all necessary documents to authorize Contractor to perform Additional Work as provided for herein.

2.6 Representations and Warranties. Contractor represents and warrants to City that: (i) its fulfillment of its obligations and, as applicable, performance the Work 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 Work, and enter into this Agreement; (iii) the Work contemplated hereunder will be performed by adequately trained and properly licensed personnel in a professional manner, with such personnel having the requisite skill and expertise necessary to perform and complete the Work in accordance with best management practices and industry standards and in accordance with the terms and conditions of this Agreement; and (iv) the Work 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 tasks described herein are completed to the satisfaction of the City, but in no event later than June 30,2023, unless sooner terminated pursuant to the provisions of this Agreement.

COMPENSATION.
2 4.1

4.2 4.3

4.4 4.5
Basic Work. For Basic Work, City shall pay Contractor on a time and materials basis, not to exceed amount of two hundred and eighteen thousand, eight hundred eighty six dollars and eighty-five ($218,868.85) as full compensation for all labor, materials, equipment, tools, transportation, and Work. 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.

Contractor agrees that the above named price shall be full compensation for successful completion of the Basic Work pursuant to the terms outlined in Exhibit as well as for furnishing all said labor, materials, equipment, tools, transportation and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement, for all loss and damages arising out of the nature of the Work, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the Work until its acceptance by City, and for all risks of every description connected with the Work, for all expenses resulting from the suspension or discontinuance of work, except as are expressly stipulated in this Agreement to be bome by City and for completing the Work in accordance with the requirements of this Agreement.

Additional Work. Contractor shall not be compensated for any Work rendered in connection with its performance of this Agreement which is in addition to the Basic Work, unless such Additional Work is authorized in advance and in writing in the method provided for herein. Contractor will submit fee estimates for such Additional Work upon request of City.

Consideration. Contractor agrees to perform the Work according to the terms of this Agreement for the abovementioned price and City agrees to pay Contractor at the time, in the manner, and upon the conditions stipulated in this Agreement. City and Contractor, for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants contained in this Agreement and in the attached Exhibits.

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 Contractor as to any undisputed fees shall be made, after verification of Contractor's performance, within 30 (thirty) days of receipt of invoice. If City disputes any of Contractor's fees, it shall give written notice to Contractor within 30 (thirty) days of receipt of an invoice of such disputed fees. The City shall pay interest at the legal rate on any invoices not paid within 30 days of submission where the validity of the request is not disputed and the request has been properly submitted.

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

J
-l

4.6 Taxes/Insurance/Licenses. Contractor 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 Contractor is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this Agreement, Contractor and all subcontractors shall have in full force and effect all licenses necessary for the performance of Work hereunder, including without limitation, business licensing from city, all at the sole cost of contractor.

5. RECORDS.

5.1 Financial Records. Contractor 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 Work under this Agreement. Contractor shall also maintain adequate records of Work provided in sufficient detail to permit an evaluation of Work. 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. Contractor 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 nscessary; 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.

5.3 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, notes, and other work, materials or documents prepared or used to prepare Contractor's work product in the course of providing the Work pursuant to this Agreement ("Contractor Work Product") shall become the sole property of City once the Contractor has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Contractor Work Product in whole or in part in any manner it deems appropriate, without the permission of Contractor. With respect to computer files, Contractor shall make available to the City, at Contractor'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. Contractor may retain copies of such Contractor 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 buiiness day occurring after the expiration of the notice period. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If City suspends or terminates a portion of this Agreement, such 6 4
7 suspension or termination shall not make void or invalidate the remainder of this Agreement.

6.2 Termination With Cause. City 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 to the City's satisfaction within five (5) days of receiving such notice, based upon the occurrence of any of the following events:
. Material breach of this Agreement by Contractor;
. Cessation ofContractor, or subcontractors under his or her control, to be licensed, as required;
. Failure to substantially comply with any applicable federal, state or local law or regulation;
. Filing by or against Contractor of any petition under any law for the relief of debtors; and,
. Filing of a criminal complaint against Contractor for any crime, other than minor traffic offenses.

6.3 Performance and Payment Upon Termination. In the event this Agreement is terminated, with or without cause, City shall pay Contractor for the outstanding balance owed for Work performed up to the time of termination. Upon termination of the Agreement, Contractor 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 Contractor 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.

DISPUTE RESOLUTION. 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. Prior to the beginning of the Work and for the duration of this Agreement, Contractor shall maintain insurance coverage as specified in the attached Exhibit C, which is incorporated by this reference as though set forth in full.

8. 5
9 INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any of its officials, employees and agents ('6lndemnified Parties") from and against any and all losses, liabilities, obligations, claims, penalties, damages, costs, interest, actions, judgments, suits and expenses or disbursements of any kind ornature whatsoever, including attorneys' fees and costs ("Claims"), which in any way relatl to this Agreement or to the performance of this Agreement by any individual or entity for whom Contractor is legally liable, including but not limited to, officers, agents, employees, subcontractors or consultants of Contractor ("Agents"). Contractor shall also indemnify, defend and hold harmless Indemnified Parties from and against any and all Claims which arise out of the negligence, recklessness, strict liability or willful misconduct of the Contractor and Agents.

RELEASE OF' INF'ORMATION.

10. I Confidentialitv. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released except to the City, directly or indirectly, by Contractor without City's prior written authorization. Contractor, its officers, employees or subcontractors shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Work performed under this Agreement unless requested by the City Attorney or authorized in writing by the City Manager or his designee. Response to a subpoena or court order shall not be considered "voluntary" provided that Contractor 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.
l0'2 Notice and Cooperation. Contractor shall promptly notify the City Manager and City Attomey in writing if Contractor, its officers, employees, agents or subcontractors axe served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or parly related to this Agreement and/or Contractor's related Work. City has no obligation to, but may exercise discretion to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fullywith City and to provide the City an opportunity to review any response to discovery requests provided by Contractor. 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.
1 I ' I Independent Contractor. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direCtion and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, subcontractors, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, subcontractors or agents are in any manner officers, employees or agents of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

10. I l.
6 ll.2 No Emplovee Privileses. No City employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder.

11.3 Contractor Dutv to Citv. Contractor understands and agrees that its responsibility to provide complete and accurate Work 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.
ll.4 Interest of Contractor. Contractor agrees to comply with all applicable conflict of interest codes. Contractor 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 perfonnance of the Work to be provided by Contractor under this Agreement. Contractor further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Contractor.

Contractor certifies that neither he nor any of his officer, employees, subcontractors, or agents has or will have any prohibited financial interest under this Agreement.

I 1.5 Undue Influence. Contractor 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 Contractor or any officer, employee, subcontractor or agent of Contractor, 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.

I 1.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Contractor and will not confer any rights upon any person not expressly a party to this Agreement.

12. GENERAL PROVISIONS.

12.1 Further Assurances. City and Contractor 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.

12.2 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:
7 To City: To Contractor:

Dave Durflinger, City Manager
City of Carpinteria
57 7 5 Carpinteria Avenue
Carpinteria, CA 93013-2698
P: (805) 684-540s
Mike Justice, Site Manager
Sweeping Corporation of America
2400 Eastman Avenue
Oxnard, CA 93030
P: (80s) 201-0040
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.

12.3 Lesal Resnonsibilities. Contractor 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 Work pursuant to this Agreement. The Contractor shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable atlaw or in equity occasioned by failure of the Contractor to comply with this Section.

12.4 Notice of Claims. City agrees to timely noti$r Contractor of the receipt of any third party claim related to the Agreement.

12.5 Licenses. At all times during the term of this Agreement, Contractor and all officer employees, subcontractors or agents of Contractor shall have in full force and effect, all licenses required by law for the performance of Work described in this Agreement.

12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Contractor 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 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 Contractor. Copies of the prevailing rate of per diem wages are on file at its principal office, which shall be made available to any interested party on. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. l2'7 Labor Requirements. Contractor shall abide by all federal and Califomia 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 Contractor 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, Contractor must secure the payment of workers' compensation to its employees as provided by Califomia law. Contractor must also comply with the statutory requirements relating to the employment of apprentices.

Additionally, Contractor 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. Contractor shall comply with all local, state, and federal laws relating to equal employment opportunity rights.

12.9 Assignment. Contractor 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. Specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

City and Contractor each binds itself, its successors, assigns and legal representatives to the other party, its successors, assigns and legal representatives in respect ofall covenants, agreements and obligations contained 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 tr'orce Maieure. Neither Contractor 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 governmental 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. If 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 of any provision shall be adjudged 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 Contractor 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 behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.

12.15 Entire Agreement. 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. 9 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.
12'17 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 WHEREOtr', the parties have executed this Agreement at the place and as of the date first written above.

IICITY''
City of Carpinteria
By
Wade T. Nomura, Mayor
ATTEST:

City of Carpinteria
By
Brian Barrett, CMC, City Clerk

APPROVED AS TO FORM
City of Carpinteria
By
Jena Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney of the City of Carpinteria
''CONTRACTOR''
Sweeping Corporation of America
By
Mike Justice, Site and Fleet Manager
10 EXHIBIT A

BASIC WORK
11 E)(IIIBIT B

PAYMENT RATES AND SCHEDULE
l2

EXHIBIT C

INSURANCE REQTIIREMENTS
Without limiting Conffactor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

1. General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occuffence, $2,000,000 general aggtegate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

2. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident.

3. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).

4. Pollution and remediation liability insurance. Contractor shall maintain pollution and remediation liability insurance with limits of at least $2,000,000.

The Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its ofhcers, agents, employees and volunteers.

5. Other provisions or requirements
A. Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation.

Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. Cify reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. Duration of coverage. Contractor shall procure and maintain for the duration of the conhact insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subconsultants.

C. Primary/non-contributing. Coverage provided by Contractor shall be primary and any insurance or selfinsurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

D. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will wittrhold amounts sufficient to pay premium from Contractor payments. In the altemative, City may cancel this Agreement.
13 E. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

F' Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, offt"ials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

G. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor ofnon-compliance with any requirement imposes no additional obligations on the city nor does it waive any rights hereunder.

H. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as_a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Conhactor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits ofinsurance and coverage shall be available to the City. I. Notice ofcancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal ofcoverage for each required coverage.tll J. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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

L. Separation oflnsureds. A severability ofinterests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured igainst whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any crossliability exclusions.

M. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such "ou"ragi
is provided in
conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for ieview. N. City's right to revise specifications. The City reseryes the right at any time during the term of the contract to change the amounts and types ofinsurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor,s compensation.

O. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a Olductible. Selfinsurance will not be considered to comply with these specifications unless approved 6y City. trl It may be difficult to obtain notice ofcancellation to an additional insured fiom an insurer. As a precaution, you should require such notice and be prepared to eliminate the requirement, or contract with a different vendor, depending^on you. p"i"eption ofthe risk. t4
P. Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Q. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
l5

EXHIBIT D

WORKERS' COMPENSATION STATEMENT
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Acknowledged and Agreed:
l6
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 11, 2022

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6146, initiating Changes to Carpinteria Municipal Code, Title 14: Zoning Regulations, concerning the regulation of Formula Businesses in Carpinteria.

STAFF RECOMMENDATION
Adopt Resolution No. 6146 (Attachment A), initiating amendment to the Carpinteria Local Coastal Program, including, but not limited to, the Zoning Code, regarding Formula Businesses in Carpinteria.

Sample Motion: I move to approve and adopt Resolution No. 6146, initiating amendment to the Carpinteria Local Coastal Program, including, but not limited to, the Zoning Code, regarding Formula Businesses in Carpinteria.

BACKGROUND
At its meeting of February 14, 2022, the Carpinteria City Council ("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, decor, methods of operation, and other features that make them virtually identical to businesses elsewhere.

During its meeting on May 9, 2022, the City Council received information that a proliferation of formula businesses can have deleterious impacts on a community's health, safety, and welfare.
1 For example:

Cities 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 1 All City Council staff reports referenced in this report can be accessed through the City's website home page by selecting the Agendas & Meetings dropdown from the City Hall tab and follow the link to the staff report embedded in each agenda item. Meeting video recordings can be accessed from the dropdown.

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overnight.2 The loss of independently owned/operated stores can also have long-term economic consequences for communities. One study of independent business in San Francisco found that an increase of 10% in independent businesses' market share would yield an increase of nearly $200 million in economic activity and nearly 1,300 new jobs, while a 10% decrease in market share would cause declines in economic activity and jobs by the same amount.3 In 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 entrepreneurs and low-margin/service businesses that meet the basic needs of surrounding neighborhoods (such as grocers and beauty/barber shops). 4 Local economies dominated by formula businesses also tend to be solely profit based and uninterested in meeting community needs over time, as opposed to a business model that fills a local niche and/or is complementary to existing businesses in similar categories.
5 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. 6 At the May 9 meeting, the City Council received the staff report and heard from a member of the public regarding the impacts that the proliferation of formula businesses could have on the City of Carpinteria's ("City") commercial areas. The Council directed staff to return with an urgency ordinance to establish a temporary moratorium on the establishment of new formula businesses throughout the City while staff and the City Council study and consider permanent regulations for formula businesses.

As directed by the City Council, staff returned to the next meeting on May 23 rd with
options for a temporary moratorium on the establishment of any new formula businesses. The staff report and draft moratorium were crafted in a manner to offer the City Council a menu of options to choose from related to the geographic scope of the moratorium, the types of formula businesses to be regulated, how to define formula businesses, and considerations for whether to allow for any exceptions for the replacement and/or relocation of existing formula businesses.

Public comment received by the City Council included several commenters who questioned the need to expand the restrictions outside of the "Downtown T", noting the number of formula businesses currently located in the Shepard Place Shops and 2 S. Mitchell, Formula Business Restrictions, Institute for Local Self-Reliance ("ILSR") https://ilsr.org/rule/formula-business-restrictions/ (as of May 17, 2022). 3 Civic Economics, The San Francisco Retail Diversity Study https://community-wealth.org/contenUsanfrancisco-retail-diversity-study-report-prepared-san-francisco-locally-owned-merchants (as of May 17, 2022).
4 S. Mitchell, supra fn. 3.
5 Id.
6 Id.

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Casitas Plaza shopping centers. Others cautioned of unintended consequences such as freezing the City's economic vitality efforts or preventing small independent businesses from expanding due to the way the City will ultimately define a formula business. Still others expressed concern that an influx of formula businesses would change the character of the City, and were glad that the City is considering how to regulate such businesses.

City staff also contacted the owner representatives of various pending/approved development projects and several of the larger multi-tenant commercial developments in town to inform them of the possible moratorium and initiation of draft regulations on new formula businesses, and to invite them to participate in the meetings in order to provide input on the City Council's decision. Staff received responses from three developers. Among the responses staff has received were: 1) expressing concern that a moratorium could discourage financial institutions from approving construction loans for at least one approved development project in the City; 2) a concern that such regulations could have a negative impact on commercial property values; and 3) a concern that such regulations could unfairly stall or affect the operating ability of currently pending development projects.

Because only three Councilmembers were present during this item (which requires a four-fifth (4/5) vote for approval), the City Council could not take action on the item.

Instead, the Council received the staff report and continued the item to June 27 th when
four of the Councilmembers would be present.

At its meeting of June 27, 2022, the City Council considered additional public testimony and examples of language from other municipalities' formula business regulations (e.g., geographic scope, types of businesses to be regulated, definition of formula business, and exceptions) and adopted Ordinance No. 755, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City of Carpinteria (Attachment B
The purpose of this agenda matter is to provide the City Council, consistent with its direction from February 14, with the opportunity to initiate the process of drafting permanent formula business regulations as a part of the City's zoning chapter of the municipal code.

DISCUSSION
Ordinance Adoption Process
While the adopted temporary moratorium is an instrument to address an imminent threat to the public's health, safety, and welfare by prohibiting establishment of new formula businesses (as defined in the moratorium) in certain parts of the City, the initiation and the crafting of (permanent) formula business regulations will afford the City Council broader latitude to consider how to regulate formula businesses within the City.

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The City Council may, for example, choose to regulate formula businesses in a different or more nuanced manner than was done for the purposes of the temporary moratorium.

In that sense, the City Council's decisions on how to draft a permanent ordinance regulating formula businesses would not be constrained or otherwise limited by any prior decisions made concerning a temporary moratorium on formula businesses.

Once initiated, staff will work to prepare a draft ordinance based on direction received from the City Council. Upon completion of the draft ordinance, it first will be considered at a public hearing by the Planning Commission. The Planning Commission will be tasked with recommending a draft ordinance to the City Council. The Council will then hold a public hearing to receive the Planning Commission's recommendation(s) and to consider adoption of the draft ordinance upon a first reading. The Council would have the opportunity at this hearing to modify or amend the draft ordinance. If the draft ordinance is significantly modified, the City will need to provide six weeks' notice to the public before the City Council returns to hold a final vote adopting the ordinance upon a first reading.

Upon adoption, the Council would also authorize staff to submit the draft ordinance to the California Coastal Commission (CCC) as a Local Coastal Program Amendment (LCPA). The CCC would be responsible for ensuring that the contemplated Zoning Code amendments to address formula businesses are consistent with the policies of the California Coastal Act and the City's certified Local Coastal Program (LCP). Upon certification of the LCPA by the CCC, the draft ordinance would be returned to the City Council for: 1.) acceptance of any modifications required by the CCC; and 2.) adoption of the ordinance upon a second reading.

If the CCC certifies the ordinance without any suggested modifications, the certification is effective immediately, and the ordinance will go into effect thirty (30) days following the City Council's second reading of the ordinance. If the CCC suggests modifications, then certification does not become effective until 1.) the CCC Executive Director receives notification of the City's acceptance and implementation of those modifications;

2.) the Executive Director determines in writing that the City's action and notification procedures are legally adequate to satisfy the CCC's certification order, and 3.) the Executive Director reports this determination to the CCC at its next regularly scheduled meeting.

Depending upon the extent and manner in which the CCC completes the review and certification of the City's LCPA, the entire ordinance adoption process could take up to approximately 18 months. The temporary moratorium can remain in place for up to two years (with two re-adoptions by the City Council), or until the ordinance for the (permanent) formula business regulations takes effect, whichever occurs first.

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Scope of Formula Business Regulations
Similar to the effort undertaken to determine the scope and extent of the temporary moratorium prohibiting the establishment of new formula businesses, the following discussion provides options and examples of proposed language for the Council to consider for the drafting of the permanent ordinance. As with the temporary moratorium, the Council is being asked to provide direction on: 1.) the geographic scope of permanent formula business regulations; 2.) the types of businesses to be regulated;

3.) the definition of "formula business;" 4.) options for how to regulate formula businesses; and 5.) any exclusions or exceptions for the relocation and/or replacement of formula businesses. Direction received from the City Council will be used by staff to prepare the draft ordinance.
(1) Geographic Scope
The City Council is asked to provide direction to staff on the geographic scope of the (permanent) formula business regulations. The regulations may apply citywide, or to one or more defined geographic areas of the City. The Council may also elect to regulate formula businesses in a different manner for different parts of the City (e.g., one set of regulations for the downtown or the Casitas Plaza and Shepard Place shopping centers, and a different set of regulations for the rest of the City, etc.).

For the purposes of the temporary moratorium, the Council chose to apply the prohibition on new formula businesses citywide, with the exception of businesses located within the Casitas Plaza and Shepard Place Shops shopping centers, which were specifically excluded. The Council may elect to maintain this arrangement for the permanent regulations, or pursue a different geographic scope.

TABLE (1 ): OPTIONS FOR GEOGRAPHIC SCOPE

CONSIDERATION OPTIONAL

LANGUAGE COMMENTS
Within the City limits
Whether the formula
Within the downtown "T"
business district Depending on the City's goals,
business ordinance Within the Casitas Pass the City Council may decide to should cover all of the business district exclude certain areas of the City City or only certain Within the district north of from the formula business areas Highway 101 and west of regulations.

Linden Avenue
[Other]
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Several examples of how other jurisdictions have elected to regulate formula businesses by geographic scope are provided in the table below.

JURISDICTION GEOGRAPHIC SCOPE OF FORMULA BUSINESS

REGULATIONS
City of Benicia
Permitted in the General Commercial District except for particular areas, where a use permit is required.

City of Carmel-by-the-Sea Citywide
City of Coronado
Citywide, but a different permit is required to operate a non-fast-food formula business in the Hotel-Motel Zone
City of Oiai Citywide
City of San Francisco
Banned in certain districts, but allowed elsewhere in the city with a Conditional Use Authorization
City of Solvanq Banned in the city's Tourist Commercial District only. (2) Categorical Exclusions for Particular Types of Businesses The definition of "formula business" will ultimately have the greatest impact on whether a particular business is subject to the City's formula business regulations or not.

Businesses that are not captured by the definition may apply for and receive occupancy clearances, and other entitlements from the City (so long as they meet other City requirements), while those that meet the definition will be subject to whatever regulatory conditions the Ordinance imposes (unless an exception within the ordinance applies).

Crafting a definition of "formula business" also requires decisions about what types of businesses to capture in the definition (i.e., restaurants, retail, grocery stores, gas stations, banks, etc.). In selecting a definition, the City Council should consider what kinds of businesses potentially harm the City's interests discussed above.

For the purposes of the adopted temporary moratorium, the Council chose to limit the prohibition on new formula businesses to apply to any commercial business operating as a retail sales, restaurant/food service, and/or hotel or motel establishment. The Council also specifically exempted the following types of businesses: office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, gas stations, and theaters/performing arts spaces. Again, the Council may elect to include or exclude the same types of businesses from the permanent regulations, or the Council may decide to regulate by business type differently.

The following tables were drafted to help guide the City Council through the various considerations in crafting a definition for "formula business" that is specifically tailored to the City's goals and concerns.

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TABLE (2): TYPES OF BUSINESSES INCLUDED OR EXCLUDED FROM DEFINITION OF "FORMULA BUSINESS"

CONSIDERATION OPTIONAL LANGUAGE COMMENTS
One option is for the City
Council to identify specific
types of businesses that should
be subject to the "formula
Formula businesses shall business" definition.

Types of businesses include:
to be included in The definition of "formula
definition of "formula
Retail business" could also be
Restaurant/food service subdivided by type of business. business" Hotel/motel establishments For example, many
[Other] municipalities confine their
formula business restrictions to
fast food restaurants, or have
separate provisions governing
fast food.

The following types of
businesses are not defined as
formula businesses:

Office space Depending on the City's needs,
Exclusion of certain Professional services the City Council may also types of businesses Banks or credit unions decide to exclude some or all from the definition of Theaters or performing arts
of the types of businesses
"formula business"
spaces listed here from the definition of Gas stations "formula business." Pharmacies Grocery stores
Businesses run by non-profit
entities
[Other]
Several examples of how other jurisdictions have defined the types of formula businesses that are regulated are provided in the table below.

JURISDICTION TYPES OF BUSINESSES REGULATED
City of Carmel-by-the-Sea Formula restaurants and food stores only City of Coronado
All businesses, but "formula fast food restaurants" are subject to separate reculations than other commercial establishments City of Ojai) Any commercial business establishment, retail sales or rental activity/establishment, including restaurants, hotels, and motels City of San Francisco Retail sales only
City of Solvang Formula restaurants only
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(3) Criteria for Definition of "Formula Business"
The City Council may also identify additional criteria to use in defining a formula business, including whether to base that definition (at least partly) on the number of other locations the business operates (i.e., 5, 7, 10, 15, etc. other locations throughout the United States), and whether each location is required to have particular features in common (i.e., signage, uniforms, menu items, services provided, etc.) to be considered a formula business.

For the purposes of the temporary moratorium, the Council defined "formula businesses" as those with more than seven (7) locations anywhere in the United States of America, and that have two or more of the features listed in table 3, below, that are common to all or substantially all of its locations. The Council may elect to utilize the same definition for "formula business" for its permanent regulations, or it may choose to define "formula business" in a different manner.

In making this determination, the City Council should consider whether a particular definition might inadvertently capture businesses of a type that the City deems beneficial. The tables below have been prepared to provide the City Council with various options for how to craft that definition.

TABLE (3): DEFINING CHARACTERISTICS OF "FORMULA BUSINESS"

CONSIDERATION OPTIONAL LANGUAGE COMMENTS
Many municipalities find it
advantageous to define
A business with more than
"formula business" in partial
reference to the total number of
• 5 locations
locations the business operates
throughout the United States.

Number of locations • 7 locations This avoids excluding smaller the business has • 10 locations business "chains" with only a throughout the • 15 locations few locations that meet the United States • [Other] other definitional requirements, but that are unlikely to present
locations anywhere in the United the same negative impacts as the prototypical formula States of America. business. For example, note that the Natural Cafe has 7
restaurant locations and one
corporate office.

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A business which has at least [one
or two] of the following features
Features common to
common to all or substantially all of
its locations:
all of the business's Defining (at least partially)
locations (also need • Products and/or services formula businesses in relation to determine number • Fac;:ade to the number of common
of common features • Architecture features across all of a for a business to • Decor or color scheme business's locations is also qualify as a formula • Uniform or other employee
very common.
business) apparel
• Signage
• Trademark or servicemark
Examples of how other jurisdictions have defined the characteristics of formula businesses that are regulated are provided in the table below.

JURISDICTION DEFINING CHARACTERISTICS OF FORMULA BUSINESSES City of Carmel-by-the-Sea
A business that (1) is required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, employee uniforms, interior decor, signage or exterior design; or (2) adopts a name, appearance or food presentation format that causes it to be substantially identical to another restaurant regardless of ownership or location.

City of Coronado
"Formula business" means any type of commercial business establishment that uses a trademark, logo, service mark or other mutually identifying name or symbol that is shared by 15 or more commercial businesses (other than a "formula fast food restaurant") and which maintains any standardized ("formula") array of service and/or merchandise, decor, business method, architecture, layout, uniform, or similar, standardized feature.
"Formula fast food restaurant" means any "fast food restaurant" having both of the following characteristics: (A) Uses a trademark, logo, service mark or other mutually identifying name or symbol that is shared by 15 or more restaurants; and (B) Serves a prescribed ("formula") menu that is substantially the same as 15 or more restaurants that shares its trademark, logo, service mark or other mutually identifying name or symbol.

City of Ojai
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 or more other establishments, maintains two or more of the following features: standardized array of merchandise or standardized menu, standardized facade, standardized decor or color scheme, uniform apparel, standardized signage, trademark or service mark, but excluding automated, stand-along vending machines.7
7 The City of Ojai has enacted a new, current moratorium on new formula businesses while amendments to their formula businesses regulations are being considered. The moratorium increased the list of qualifying common features to 8 potential features (up from 6 in the current regulations). Ojai is considering reducing the qualifying number of established locations to qualify as a formula business from 10 such locations down to 5 other locations.

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A type of retail sales or service activity or retail sales or service establishment that has eleven or more other retail sales establishments in operation, or with local land use or permit entitlements already City of San Francisco approved, located anywhere in the world; and that maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized siqnaqe, a trademark or a servicemark.

A restaurant that is required by contractual or other arrangements to offer any of the following. standardized menus, ingredients, food preparation, City of Solvang
decor, uniforms or similar standardized features, and where there are five (5) or more similar locations nationwide. A full service restaurant with less than 25 locations nationwide is exempt, and "uniforms" do not include Northern European ethnic garb.
(4) Tools to Regulate Formula Businesses
The City Council has a variety of options available to them, up to and including prohibition, to regulate formula businesses within the City. Many cities do not ban formula businesses outright, but instead require such businesses to obtain a special permit from the City. A permit would allow the City to impose additional conditions on formula businesses that are not required of other businesses, which would give the City an opportunity to address potential negative impacts of formula businesses. The City could also impose numerical limitations on certain types of formula businesses to ensure that they do not proliferate beyond a specified threshold. Another option is to impose different restrictions based on the size or nature of the formula business, such as "fast food" restaurants or retail stores above a certain square footage. Finally, as also discussed above, the City could decide to treat certain areas of the City differently by (for example) banning formula businesses in certain areas only, requiring formula businesses in certain areas to obtain a special permit, and/or imposing numerical thresholds on formula businesses in certain areas.

The table below has been created to provide the City Council with a menu of options for what sort of restrictions it might place on formula businesses. The City Council may decide to adopt some combination of the below restrictions, or to create other restrictions not listed below.

TABLE (4): TOOLS TO REGULATE FORMULA BUSINESSES

CONSIDERATION OPTIONAL LANGUAGE COMMENTS
Formula businesses shall be
Many municipalities allow
formula businesses to operate
What restrictions Banned entirely in the City
if they obtain a discretionary
• permit from the City. This
should be placed on • Banned only in certain areas allows the City to impose formula businesses? • Allowed if a special permit is conditions on the business to obtained ensure it does not cause
negative impacts associated
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• Allowed in certain areas if a with formula businesses that special permit is obtained the City seeks to avoid. Other • Allowed subject to numerical cities regulate the overall limitations (e.g., no more than 5 number of certain types of formula businesses, or impose
formula retail stores) numerical restrictions in certain • Allowed subject to numerical areas. The City could also and geographic limitations (e.g., impose different restrictions no more than 5 formula retail based on the size or nature of stores in the Downtown T the formula business.

District)
• Regulated differently if they
meet certain criteria (e.g., no
formula businesses over a
certain square footage, no
formula fast food restaurants,
etc.)
Examples of how other municipalities regulate formula businesses are listed in the table below.

JURISDICTION RESTRICTIONS ON FORMULA BUSINESSES
City of Carmel-by-the-Sea
Fast food, drive-in, and formula food establishments are banned citywide.

No more than 10 formula restaurants are allowed in the city, and new formula restaurants must obtain a special use permit, may not locate on City of Coronado a street corner, and must meet design standards. Formula retail stores must obtain a special use permit, be compatible with surrounding uses, and occupy no more than 50 linear feet of street frontace.

Formula businesses require a conditional use permit from the city. No permits will be issued for a business that has at least two of the following characteristics: (1) specializes in short order or quick service food and/or drink, (2) serves food and/or drink primarily in disposable containers, and City of Ojai (3) payment is made by customers before food or drink is consumed. No permit will be issued for businesses that exceed 10,000 square feet of net total floor area. No permit will be issued for a formula business within the Downtown Commercial zone if the business either ( 1) has street-level frontage exceeding 25 feet on any street, or (2) the useable areas of the buildinq exceeds 2,000 square feet.

A formula business requires a conditional use authorization to operate in City of San Francisco
certain zoning districts. Special criteria for issuing conditional use authorization for formula businesses is provided. Formula retail stores are not permitted in certain zoning districts.

City of Solvanq Formula restaurants are not allowed in the Tourist Commercial District.

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(5) Exception for Relocation/Replacement of Existing Formula Businesses In crafting permanent formula business regulations, the Council may wish to allow for an exception from some or all of the regulations for the relocation or replacement of existing formula businesses to provide the City Council with the ability to ensure that the regulations would not inadvertently cause the city to lose existing services on which the community depends. For example, this provision could allow the existing Starbucks to relocate elsewhere in the City (optionally, within a certain area), or for a Coffee Bean & Tea Leaf to replace the Starbucks at its current location, if the Starbucks were to close permanently. Depending on the definition of formula business that the City Council decides on, a narrow exception for relocation or replacement could also be drafted that would only apply to specific types of formula businesses (i.e., grocery stores, etc.).

The following table was drafted to help guide the City Council through deciding whether or not it wants to include such provisions in its permanent formula business regulations and, if so, what criteria and restrictions to place on relocations and replacements of formula businesses. The City Council could also decide that it does not want to provide an exception in the permanent regulations for either of these situations.

For the purposes of the temporary moratorium, the Council elected to allow for the relocation, but not replacement, of existing formula businesses without any further limitations. The Council may elect to maintain the same exception for the permanent regulations, or the Council may choose to address relocations and/or replacements of existing formula businesses in a different manner.

TABLE (5): OPTIONS FOR RELOCATION/REPLACEMENT EXCEPTION

CONSIDERATION OPTIONAL LANGUAGE COMMENTS
Yes or no?
If yes, what criteria should be applied?
Does the City want If a formula business subject to this to allow a new
Section ceases operation at a location
within the City, the Ordinance shall not formula business apply to bar the establishment of a Without an exception to replace an replacement formula business at that addressing this situation, the existing formula same location, provided that the: City may lack the business if the products/services the old
existing formula • Replacement formula business must formula business provided . business closes provide substantially the same type of
down? products and/or services as the
predecessor business at that location
• Replacement formula business must
make substantially the same use of the
location as did the predecessor
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Formula Business Local Coastal Program Amendment Initiation July 11, 2022

Page 13 ends

business at the location in terms of
aesthetics of the facade, exterior, and
interior signage or displays visible from
the outside
• [Other]
• No criteria
Yes or No?
If yes, what criteria should be applied?
If a formula business subject to this
Section seeks to relocate to a different
location within the City, this Ordinance
shall not apply to bar such relocation,
provided that the:
• Relocated formula business cannot be
These options
more than a certain distance (i.e.,
provide a variety of
1,000 feet, 0.5 miles, one or two City possible
blocks, within the same general area restrictions on the Does the City want as determined at the sole discretion of location and nature to allow an the Community Development Director, of the new location existing formula etc.) from the formula business's for an existing business to previous location. formula business, in
relocate to a new • Relocated formula business must the event that it location within the make substantially the same use of the seeks to relocate City? new location as at the formula elsewhere within
business's previous location in terms the City. Any or all of (a) products and/or services of these restrictions
provided; (b) number of employees; (c) may be adopted, as parking for employees and customers; the City Council
(d) facade, exterior, and interior deems appropriate.
signage or displays visible from the
outside; and (e) comply with all other
City rules and regulations.
• Relocated formula business's prior
location shall not be eligible for a
replacement formula business.
• [Other]
• No criteria
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Formula Business Local Coastal Program Amendment Initiation July 11, 2022

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Most other municipalities have not addressed exceptions for the relocation or replacement of established formula businesses. The City of Coronado's exceptions are described in the table below.

JURISDICTION REPLACEMENT/ RELOCATION EXCEPTIONS
Change of ownership, by itself, does not require a new permit. Fast food formula businesses can only be expanded or relocated if not on a street corner (unless site's immediate prior use was as a formula fast food City of Coronado
restaurant), where it would not result in two or more formula fast food restaurants on the same site, where it would not result in more than 10 formula fast food restaurants in the City, and where Planning Commission makes findings of no adverse impact to land uses in the area, pedestrian or vehicle traffic, or the public welfare.

POLICY CONSISTENCY
Numerous policies speak to providing for a range of business activities that are compatible with the City of Carpinteria's small beach town character. The following General Plan/Coastal Plan policies may be found consistent with an interest in limiting formula businesses in Carpinteria:

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-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character.

Restrictions on formula businesses may also be found consistent with the goals and directives of the City's Sustainable Community Policy (Resolution No. 5500), including but not limited to the following excerpts:
• Promote a diversified and resilient local economy that reflects the unique attributes of the region and provides necessary and desirable products and services for both residents and visitors;
• Attract and retain downtown retailers, hotels, corporate headquarters and Research and Development uses that can be successful in and complimentary to the community;
• Establish support for small business development;
• Maintain and enhance the unique identity of the community and built environment to sustain a strong sense of place and community.

Page 15 ends

FINANCIAL CONSIDERATIONS
The proliferation of formula businesses can have long-term economic consequences for a community. Low-margin businesses that meet the basic needs of surrounding neighborhoods, such as grocers and pharmacies, may be pushed out as rents rise and the area attracts more formula restaurants and 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.

Regulating formula businesses could have an impact on potential City revenues generated from sources, including but not limited to: sales taxes, property taxes (related to new development/tenant improvements), transient occupancy taxes (for hotel/motel uses), business license taxes, and permit fees. The extent to which such revenues would be impacted is dependent upon the scope and breadth of any regulations on formula businesses, and the degree to which such regulations limit or reduce the establishment of new businesses in the City. It would be assumed that broader, more comprehensive regulations would have a greater potential for impact on City revenues as compared to more narrowly defined formula business regulations.

Costs associated with staff time for the preparation and implementation of an ordinance regulating formula businesses would be paid for from General Fund sources.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Califor.nia has a well-established history with formula business restrictions at a city and county level. In addition to prominent "big box" store regulations, many cities of varying size across the state have enacted regulations, including prohibitions, against formula businesses. California courts largely have upheld these restrictions against legal challenges under the dormant commerce and equal protection clauses of the U.S.

Constitution. It is also a well-established legal principle that a public agency's police power has broad application to protect the public health, safety, and welfare of its residents which has been interpreted to include regulating formula businesses.

Page 16 ends

OPTIONS
The Council may choose to:

1. Initiate amendments to the Local Coastal Program, including but not limited to the Zoning Code, to regulate formula businesses, as the Council determines is appropriate for reasons of public policy.

2. Take no action, or elect not to initiate the amendments as proposed herein.

3. Request staff to return to a future Council meeting with additional information prior to deciding whether to initiate the amendments.

PRINCIPAL PARTIES EXPECTED AT MEETING
Affected property owners
Interested citizens

ATTACHMENTS
Attachment A Draft Resolution No. 6146
Attachment B Copy of Ordinance No. 755, Urgency Ordinance Establishing a Temporary Moratorium on the Operation of Formula Businesses within the City of Carpinteria
Staff Contact: Steve Goggia, Community Development Director (805) 755-4414 / [email protected] ~ (2
;;: ~ Signat
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Reviewed by: Jena Shoaf Acos,
on behalf of Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney for the City of Carpinteria
Signature
N:\Project Files\2022 (2139- )\Formula Business Ordinance\lnitiation\FINAL 7.11 Staff Report re Initiation of Formula Business LCP Amendment (24390871.1 ).docx
Attachment A
Resolution No. 6146
RESOLUTION NO. 6146

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA INITIATING AMENDMENTS TO THE

CARPINTERIA LOCAL COASTAL PROGRAM, INCLUDING,
BUT NOT LIMITED TO, TITLE 14, ZONING, OF THE

CARPINTERIA MUNICIPAL CODE TO REGULATE

FORMULA BUSINESSES
WHEREAS, pursuant to the City of Carpinteria's ("City") police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City ("City Council") has the authority to enact and enforce ordinances and regulations for public health, safety, and welfare; and
WHEREAS, the City's Zoning Ordinance currently allows operation of formula businesses within the City, provided that such businesses meet all applicable legal requirements and have obtained a Certificate of Occupancy and other necessary entitlements from the City; and
WHEREAS, the City adopted its General Plan/Local Coastal Plan as a comprehensive, long-term plan for the City's development and many of the City's General Plan/Local Coastal Plan policies and zoning regulations were enacted to limit commercial development that would impair the City's distinctive small beach town charm and character. Among others, those land use objectives and policies include the following:
• Land Use Element Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding spawl 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-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character; and
WHEREAS, the City has adopted Resolution No. 5500, a Sustainable Community Policy, in part, as a basis for creating strategies that allow it to adapt to ever-changing environmental, economic, social and physical stressors. Among the directives of the City's Sustainable Community Policy are the following:
• Promote a diversified and resilient local economy that reflects the unique attributes of the region and provides necessary and desirable products and services for both residents and visitors;
• Attract and retain downtown retailers, hotels, corporate headquarters and Research and Development uses that can be successful in and complimentary to the community;
- I -
Resolution No. 6146
• Establish support for small business development;
• Maintain and enhance the unique identity of the community and built environment to sustain a strong sense of place and community; and WHEREAS, the City's character as a classic California beach town; the City's desire to foster businesses that serve both the needs of City residents and visitors and thereby ensure the community's quality of life; the resiliency of the City's vibrant, smallscale, diversified commercial character; and the City's ongoing economic vitality all require that the City maintain and encourage establishment of diverse business types and sizes, including smaller and mid-sized businesses; and
WHEREAS, formula businesses are, by their very nature, standardized (including their architecture, decor, color schemes, and signage) and not unique, and therefore do not enhance the unique small town character that the City Council finds necessary to maintain a viable visitor industry in the City; and
WHEREAS, as City staff noted in a May 9, 2022 Staff Report, many formula businesses are increasingly locating in downtowns and neighborhood business districts en masse, squeezing out independent businesses and causing a speculative run-up in rents that results in the wholesale transformation of a business district. In addition to causing such downtowns and business districts to lose their distinctive appeal, the rent increases caused by an influx of formula businesses can force independent entrepreneurs and low margin/service businesses that serve the surrounding neighborhood's basic needs to close or move out of the area; and WHEREAS, as further noted by City staff in the May 9, 2022 Staff Report, local economies dominated by formula businesses tend to be solely profit-based and therefore disinterested in meeting the community's needs, rather than filling a local niche or complementing existing businesses in similar categories. Formula businesses also often invest locally generated profits outside of the community, disappearing quickly when economic conditions shift or corporate strategy changes, and leaving behind vacancies with higher rent expectations; and
WHEREAS, the impacts described above may result in existing small businesses losing customers and having fewer business opportunities, and may further lead to longterm urban decay and increased vacancies in commercial real estate, both of which could lead to a decline in tax revenue for the City; and
WHEREAS, the City Council finds that the unregulated proliferation of formula businesses could lead to a lack of diversity in City businesses, which would substantially harm the important City interests listed above and create substantial public health, safety and welfare problems for the City, its residents, and its businesses; and WHEREAS, on May 9, 2022, the City Council directed City staff to prepare a proposal to adopt regulations governing the establishment of formula businesses within the City; and
- 2 -
Resolution No. 6146
WHEREAS, on June 27, 2022, the City Council adopted Ordinance No. 755, an interim urgency ordinance establishing a temporary moratorium on the establishment of new formula businesses throughout the City, with specified exceptions, while staff and the City Council draft and adopt (permanent) regulations governing the establishment of formula businesses; and
WHEREAS, the City's action to develop regulations governing formula businesses is not premised on maintaining local ownership of businesses, or protecting existing businesses, or preventing formula businesses from doing business in the City. The purpose of this action is to maintain the City's unique, special character, the diversity and vitality of the City's commercial districts, and the quality of life of City residents.

NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing recitals incorporated herein by this reference, the City Council hereby initiates amendments to the Carpinteria Local Coastal Program, including, but not limited to, Title 14, Zoning, of the Carpinteria Municipal Code to regulate the establishment of formula businesses within the City of Carpinteria.

PASSED, APPROVED AND ADOPTED on July 11, 2022, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST:

City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July 11, 2022.

City Clerk, City of Carpinteria
APPROVED AS TO FORM:

Jena Acos Shoaf, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
- 3 -
Resolution No. 6146
Attachment B
Ordinance No. 755
Urgency Ordinance Establishing a Temporary
Moratorium on the Operation of Formula Businesses
within the City of Carpinteria
ORDINANCE NO. 755

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA, CALIFORNIA ESTABLISHING A MORATORIUM ON THE

ISSUANCE OF CERTIFICATES OF OCCUPANCY OR ANY OTHER

ENTITLEMENTS FOR THE OPERATION OF FORMULA BUSINESSES WITHIN THE

CITY OF CARPINTERIA, WITH THE EXCEPTION OF THE CASITAS PLAZA AND

THE SHEP ARD PLACE SHOPS
WHEREAS, pursuant to the City of Carpinteria's ("City") police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City ("City Council") has the authority to enact and enforce ordinances and regulations for public health, safety, and welfare;
WHEREAS, section 65850 of the Government Code also provides the City Council with the authority to, among other things, adopt ordinances regulating the use of buildings within its jurisdiction;
WHEREAS, the City's Zoning Ordinance currently allows operation of formula businesses within the City, provided that such businesses meet all applicable legal requirements and have obtained a Certificate of Occupancy and other necessary entitlements from the City; and WHEREAS, the City adopted its General Plan/Local Coastal Plan as a comprehensive, long-term plan for the City's development and many of the City's General Plan/Local Coastal Plan policies and zoning regulations were enacted to limit commercial development that would impair the City's distinctive small beach town charm and character. Among others, those land use objectives and policies include the following:
• Land Use Element Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding spawl 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-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character; WHEREAS, the City has adopted Resolution No. 5500, a Sustainable Community Policy, in part, as a basis for creating strategies that allow it to adapt to ever-changing environmental, economic, social and physical stressors. Among the directives of the City's Sustainable Community Policy are the following:
• Promote a diversified and resilient local economy that reflects the unique attributes of the region and provides necessary and desirable products and services for both residents and visitors;
• Attract and retain downtown retailers, hotels, corporate headquarters and Research and Development uses that can be successful in and complimentary to the community; Ordinance No. 755

Page 2 ends

• Establish support for small business development;
• Maintain and enhance the unique identity of the community and built environment to sustain a strong sense of place and community;
WHEREAS, the City's character as a classic California beach town; the City's desire to foster businesses that serve both the needs of City residents and visitors and thereby ensure the community's quality of life; the resiliency of the City's vibrant, small-scale, diversified commercial character; and the City's ongoing economic vitality all require that the City maintain and encourage establishment of diverse business types and sizes, including smaller and mid-sized businesses;
WHEREAS, formula businesses are, by their very nature, standardized (including their architecture, decor, color schemes, and signage) and not unique, and therefore do not enhance the unique small town character that the City Council finds necessary to maintain a viable visitor industry in the City;
WHEREAS, as City staff noted in a May 9, 2022 Staff Report, many formula businesses are increasingly locating in downtowns and neighborhood business districts en masse, squeezing out independent businesses and causing a speculative run-up in rents that results in the wholesale transformation of a business district. In addition to causing such downtowns and business districts to lose their distinctive appeal, the rent increases caused by an influx of formula businesses can force independent entrepreneurs and low margin/service businesses that serve the surrounding neighborhood's basic needs to close or move out of the area; WHEREAS, as further noted by City staff in the May 9, 2022 Staff Report, local economies dominated by formula businesses tend to be solely profit-based and therefore disinterested in meeting the community's needs, rather than filling a local niche or complementing existing businesses in similar categories. Formula businesses also often invest locally generated profits outside of the community, disappearing quickly when economic conditions shift or corporate strategy changes, and leaving behind vacancies with higher rent expectations; WHEREAS, this ordinance is not premised on maintaining local ownership of businesses, or protecting existing businesses, or preventing formula businesses from doing business in the City. The purpose of this ordinance is to maintain the City's unique, special character, the diversity and vitality of the City's commercial districts, and the quality of life of City residents; WHEREAS, the impacts described above may result in existing small businesses losing customers and having fewer business opportunities, and may further lead to long-term urban decay and increased vacancies in commercial real estate, both of which could lead to a decline in tax revenue for the City;
WHEREAS, further, the COVID-19 pandemic and government regulations pertaining to social distancing had devastating impacts on businesses-with acute impacts on small businesses-including those doing business within the City; WHEREAS, the City Council finds that the unregulated proliferation of formula businesses could lead to a lack of diversity in City businesses, which would substantially harm the Ordinance No. 755

Page 3 ends

important City interests listed above and create substantial public health, safety and welfare problems for the City, its residents, and its businesses; WHEREAS, on May 9, 2022, the City Council directed City staff to prepare a proposal to adopt regulations governing the establishment of formula businesses within the City; WHEREAS, City staff is in the process of initiating an amendment to its Local Coastal Plan for the City Council's consideration at a future meeting in order to study and draft comprehensive regulations governing formula businesses pursuant to the City Council's direction; WHEREAS, in the meantime, a temporary moratorium is necessary to allow City staff time to study possible revisions to the City's zoning ordinance and other regulations to address the matters set forth above, which regulations when completed will be brought back for City Council consideration within a reasonable time;
WHEREAS, on May 23, 2022, the City Council heard City staffs report and received public comment on the proposed moratorium but could not take action on the moratorium because only three Councilmembers were present, which would not have met the four-fifths ( 4/5) vote requirement in Government Code section 65858;
WHEREAS, California Government Code section 65858 provides that for the purpose of protecting the public safety, health, and welfare and without following the procedures otherwise required prior to adoption of a zoning ordinance, the City Council may adopt, as an urgency measure, an urgency ordinance prohibiting any uses which may be in conflict with "a contemplated general plan, specific plan, or zoning proposal that the [City Council], planning commission or the planning department is considering studying or intends to study within a reasonable time;" WHEREAS, the City currently has approximately 15 vacant commercial spaces, in addition to an anticipated 1 7 to 20 new commercial spaces that are associated with pending development projects, which could be occupied by a formula business without any further discretionary review or approval by the City;
WHEREAS, the City's Municipal Code provides that a Certificate of Occupancy and business license, both of which are necessary to operate a business in the City, are ministerial entitlements not subject to discretionary review by the City; WHEREAS, if and when a new formula business applies for such entitlements, any such application could be granted before the City could consider and enact an urgency ordinance under Government Code section 65858 regulating establishment of such a new formula business, thereby frustrating the City's ability to enact lawful regulations on the establishment of new formula businesses;
WHEREAS, the City finds that, as a result of these conditions, the City cannot wait until a new application for establishment of a formula business is submitted in order to enact restrictions on formula businesses;
Ordinance No. 755

Page 4 ends

WHEREAS, if additional formula businesses were allowed to be instituted in the City, prior to the City's consideration and adoption of final regulations governing formula businesses, such uses could (1) conflict with and/or defeat the purpose of the proposal to adopt regulations regulating formula businesses, (2) conflict with the requirements of the General Plan/Local Coastal Plan, (3) be inconsistent with surrounding uses, and/or (4) be immediately detrimental to the public health, safety, and welfare;
WHEREAS, in the absence of an urgency moratorium, the City's ability to effectively address in a timely manner the negative impacts caused by the proliferation of formula businesses on the public health, safety, and welfare will be seriously compromised; and WHEREAS, the City Council finds that the above conditions create a current and immediate threat to the public health, safety, and welfare of the City, its residents, and its businesses, within the meaning of Government Code section 65858, as the public health, safety, and welfare depend on the continued economic and cultural vitality of a connected, engaged, and diverse business community, and excessive formula businesses degrade the community's smalltown feel and eliminate opportunities for smaller and independently-owned businesses to thrive, especially those business providing vital services to local residents that do not normally pay high rents;
WHEREAS, for the reasons included in the record, the City Council has determined that, as of the Effective Date (as this term is defined in Section 8 below) of Ordinance No. 755 ("Ordinance"), there is no urgency to regulate formula businesses within the Casitas Plaza or the Shepard Place Shops;
WHEREAS, the City Council has determined, by at least a four-fifths ( 4/5) vote, that this Ordinance satisfies the requirements of Government Code section 65858, is a matter of City-wide importance, is a reasonable and necessary measure designed for immediate preservation and protection of the public health, safety, and welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and regulations.

NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Recitals Incorporated.

The above recitals are incorporated herein and are each relied upon independently by the City Council in its adoption of this Ordinance.

SECTION 2. Declaration of Urgency.

The City Council hereby finds and declares that, for the reasons set forth in the above recitals, there is a need to enact an urgency ordinance establishing a moratorium on the issuance of any and all Certificates of Occupancy and/ or any other entitlements for the operation of formula businesses ( as defined in Section 6 of this Ordinance) within the City, with the exception of the Casitas Plaza and the Shepard Place Shops (collectively, "City Limits"), subject to the findings and conditions contained in this Ordinance. To clarify, the Casitas Plaza and the Shepard Place Shops shall not be subject to this Ordinance. Prior to the issuance of further entitlements for Ordinance No. 755

Page 5 ends

formula businesses within the City, City staff needs time to study the Carpinteria Municipal Code ("CMC"), including the City's zoning regulations, and other regulations to ensure that the provisions of the City's zoning regulations and other regulations applicable to formula businesses are compatible with and support the City's General Plan/Local Coastal Plan; ensure consistency with surrounding land uses; ensure compliance with evolving state and federal law; and ensure that the effects of such land use on the public health, safety, and welfare of the residents and businesses of the City are adequately addressed.

SECTION 3. Moratorium.

Notwithstanding any other provisions of the CMC or any other ordinances or regulations of the City to the contrary, no Certificate of Occupancy or any other entitlement which has as its result the approval or allowance of the operation of a formula business within the City Limits shall be issued, granted or approved by any employee, department, or commission of the City for a period of forty-five (45) days immediately succeeding the effective date of this Ordinance (and as it shall be extended pursuant to the requirements on Government Code section 65858). During the term of this Ordinance, only those entitlements for which the right to proceed with the associated development, facility, or activity has vested pursuant to the provisions of State law prior to the effective date of this Ordinance, shall proceed in violation of the provisions of this Ordinance.

SECTION 4. Immediate Threat.

Based on the findings herein, this Ordinance is adopted pursuant to California Government Code section 65858. Adoption of this Ordinance is required in order to address the current and immediate threat identified by the City Council to the public health, safety, and welfare ofresidents and businesses that would result from the grant of new Certificates of Occupancy and/or other entitlements for the operation of formula businesses within the City Limits.

SECTION 5. Hardship Exception/Waiver.

The City, on a case-by-case basis, shall have the authority, upon a showing of good cause by an applicant or other individual with standing, to waive the interim prohibition/moratorium imposed by this Ordinance and allow for the granting of a Certificate of Occupancy and/or other City-issued entitlement to said applicant or other individual with standing. "Good cause" shall mean a factual and evidentiary showing by the applicant that the interim prohibition/moratorium, if not waived, will (1) deprive the applicant of substantially all reasonable economic use of its property or (2) result in a violation of an applicable California or federal law. All such applications for waiver shall be filed with the City Community Development Department.

SECTION 6. Definition of Formula Business.

For the purposes of this Ordinance, "formula business" is defined as any commercial business operating as a retail sales, restaurant/food service, and/or hotel or motel establishment, and which (a) has more than seven (7) locations anywhere in the United States of America, and (b) has two or more of the following features common to all or substantially all of its locations:
standardized array of services or products for sale, facade, architecture, decor or color scheme, uniform or other employee apparel, signage, or trademark/servicemark. Notwithstanding any Ordinance No. 755

Page 6 ends

other provision of this Section, the following types of businesses are not formula businesses: office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, gas stations, or theaters/performing arts spaces.

SECTION 7. Exception for Relocation of Existing Formula Businesses.

In the event that a formula business, in operation at a location within the City Limits on the Effective Date of this Ordinance, seeks to relocate to another location within the City, this Ordinance shall not apply to bar such relocation.

SECTION 8. Effective Date.

This Ordinance shall be in effect for a period of forty-five ( 45) days immediately following the date of adoption; provided, however, that after notice pursuant to California Government Code section 65090 and a public hearing, by the affirmative vote of at least four-fifths ( 4/5) the City Council may extend this Ordinance for an initial period of time up to 10 months and 15 days pursuant to California Government Code section 65858. Thereafter, upon a four-fifth ( 4/5) vote, a further extension of one (1) year is also permitted.

SECTION 9. Amendment of Ordinance.

Pursuant to the process set forth in Government Code section 65858, the City Council, by the affirmative vote of at least four-fifths (4/5), may modify, amend, delete, or add to this Ordinance upon a finding that such action will implement and enforce the goals, policies, and purposes of this Ordinance.

SECTION 10. Severability.

If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 11. CEQA Exemption.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines sections 15060( c )(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c )(3) (the activity is not a "project" as defined in section 153 78). The Ordinance prevents changes in the environment pending completion of the contemplated CMC review and thus has no potential for resulting in physical change to the environment, either directly or indirectly.

PASSED, APPROVED, AND ADOPTED this 27th day of June, 2022, by the following called vote:

A YES: COUNCILMEMBERS:

Ordinance No. 755

Page 7 ends

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Mayor of the City of Carpinteria
ATTEST:

Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held this 27th day of June, 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
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 11, 2022

ITEM FOR COUNCIL CONSIDERATION
Issuance of the Government Code Section 65858(d) Report, describing the measures taken to alleviate the conditions that lead to adoption of Ordinance No. 755, an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City of Carpinteria, with the exception of Casitas Plaza and the Shepard Place Shops.

STAFF RECOMMENDATION
Approve issuance of the Government Code Section 65858(d) Report, describing the measures taken to alleviate the conditions that led to the adoption of Ordinance No. 755.

Sample Motion: I move to approve and issue the Government Code Section 65858(d) Report describing measures taken to alleviate the conditions that led to the adoption of Ordinance No. 755.

BACKGROUND
In response to concerns about the growth in the number of chain stores and restaurants being established, also known as formula businesses, and the associated negative public health, safety, and welfare impacts on the local community and economy, the City Council directed staff to prepare an interim urgency ordinance establishing a moratorium on formula businesses within the City of Carpinteria ("City"). 1 1 These concerns are more thoroughly described in the May 9 th
, May 23
rd
, and June 27
th
, 2022 staff
reports presented to the City Council for its deliberations on Ordinance No. 755, the contents of which are hereby incorporated by reference. All City Council staff reports referenced in this report can be accessed through the City's website home page by selecting the Agendas & Meetings dropdown from the City Hall tab and following the link to the respective archived meeting agenda. The referenced staff reports are accessible by following the link embedded in each agenda item. Meeting video recordings for each referenced meeting can also be accessed from the "archived videos" section of the Agendas and Meetings page.
24407455.1
Government Code Section 65858(d) Report July 11, 2022

Page 2 ends

On June 27, 2022, the City Council adopted Ordinance No. 755, (Attachment A) imposing a temporary moratorium on the City's issuance of entitlements to operate new formula businesses in the City, with the exception of the Casitas Plaza and Shepard Place Shops. The purpose of Ordinance No. 755 is to prevent the establishment of new formula businesses within these areas while the City develops and approves comprehensive, permanent regulations governing formula businesses.

Ordinance No. 755 adopts a temporary moratorium, pursuant to Government Code Section 65858, to address an imminent threat to the public's health, safety, and welfare by prohibiting establishment of new formula businesses (as defined in the ordinance) in certain parts of the City. Government Code Section 65858 requires that the City Council take certain actions prior to the extension or termination of Ordinance No. 755.

The purpose of this agenda matter is to allow for the City Council to consider issuance of the report required by Government Code Section 65858(d) (Attachment B), describing the measures taken by the City to alleviate the conditions that led to adoption of Ordinance No. 755.

DISCUSSION
A temporary urgency ordinance adopted pursuant to Government Code Section 65858 may remain in effect for only 45 days, unless it is extended by a 4/5ths vote of the City Council following a noticed public hearing. The City Council may extend the ordinance for an additional ten months and fifteen days with an option of an additional one-year extension.

Unless extended, Ordinance No. 755 expires on August 11, 2022-i.e., 45 days after its adoption on June 27, 2022. As such, should the Council wish to consider an extension of Ordinance No. 755, it must do so either at one of its regular meetings on July 25, 2022 or August 8, 2022, or at a special meeting on or before August 11, 2022.

Government Code Section 65858(d) requires the City Council to issue a written report describing the measures taken to alleviate the conditions that led to the adoption of the temporary urgency ordinance ten days prior to any extension or the termination of the urgency ordinance. Accordingly, the City Council must issue a Government Code Section 65858(d) report on Ordinance No. 755, describing the measures taken to alleviate the conditions that led to adoption of the ordinance, at least ten days before it considers whether to extend Ordinance No. 755 or it allows the urgency ordinance to expire.

Staff has prepared the draft Report Describing Measures Taken to Alleviate Need for Moratorium on Formula Businesses (the "Report") for the City Council to consider. The Report describes the City's work performed to date to address the concerns that necessitated the adoption of Ordinance No. 755. The Report concludes that although the City has made progress toward enacting comprehensive formula business N :\Project Files\2022 (2139- )\Formula Business Ordinance\Moratorium\GC 65858 Report 07-11-2022\CC Staff Report re Government Code Section 65858d Report 07-11-2022.docx Government Code Section 65858(d) Report July 11, 2022

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regulations, the conditions that led to the adoption of Ordinance No. 755 remain ongoing.

Issuance of the Report would allow the City Council to consider extending Ordinance No. 755 at one of its regular meetings on July 27, 2022 or August 7, 2022, or at a special meeting prior to the expiration of Ordinance No. 755 on August 11, 2022.

Issuance of the Report also is required before the expiration of Ordinance No. 755 on August 11, 2022. Thus, the City Council will need to issue the draft Report, as may be modified by the City Council at least ten days prior to August 11, 2022 at a regular or special meeting.

POLICY CONSISTENCY
As discussed in the other staff reports concerning Ordinance No. 755, numerous policies speak to providing for a range of business activities that are compatible with the City of Carpinteria's small beach town character. In particular, General Plan/Local Coastal Plan Objective LU-3, and Policies LU-3d and LU-3g, and the City's Sustainable Community Policy (Resolution No. 5500) may be found consistent with an interest in temporarily limiting establishment of new formula businesses in Carpinteria.

FINANCIAL CONSIDERATIONS
The costs associated with staff time for the preparation and implementation of Ordinance No. 755, including drafting of the Report and complying with Government Code Section 65858, are paid for from General Fund sources.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
California has a well-established history with formula business restrictions at a city and county level. In addition to prominent "big box" store regulations, many cities of varying size across the state have enacted regulations, including prohibitions, against formula businesses. California courts largely have upheld these restrictions against legal challenges under the dormant commerce and equal protection clauses of the U.S.

OPTIONS
The Council may choose to:

1. Approve the issuance of the Report;

2. Request staff make revisions to the Report and/or return to a future Council meeting with additional information prior to deciding whether to issue the Report ; or
N:\Project Files\2022 (2139- )\Formula Business Ordinance\Moratorium\GC 65858 Report 07-11-2022\CC Staff Report re Government Code Section 65858d Report 07-11-2022.docx Government Code Section 65858(d) Report July 11, 2022

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3. Take no action, or choose not to issue the Report until a subsequent City Council meeting on or before August 11, 2022.

PRINCIPAL PARTIES EXPECTED AT MEETING
Affected property owners
Interested citizens

ATTACHMENTS
Attachment A Ordinance No. 755, Urgency Ordinance Establishing a Temporary Moratorium on the Operation of Formula Businesses within the City of Carpinteria
Attachment B Government Code Section 65858(d) Report Describing Measures Taken to Alleviate Need for Moratorium on Formula Businesses Staff Contact: Jena Shoaf Acos,
on behalf of Brownstein Hyatt Farber Schreck, LLP
acting as City Attorney for the City of Carpinteria ~ ~ ~- ¾, 7s;gnature
Reviewed by: Steve Goggia, Community Development Director (805) 755-4414 / [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
N:\Project Files\2022 (2139- )\Formula Business Ordinance\Moratorium\GC 65858 Report 07-11-2022\CC Staff Report re Government Code Section 65858d Report 07-11-2022.docx Attachment A
Ordinance No. 755, Urgency Ordinance Establishing a Temporary Moratorium on the Operation of Formula Businesses within the City of Carpinteria
Government Code Section 65858(d) Report
Formula Businesses Temporary Moratorium
July 11, 2022 City Council Meeting
ORDINANCE NO. 755

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA, CALIFORNIA ESTABLISHING A MORATORIUM ON THE

ISSUANCE OF CERTIFICATES OF OCCUPANCY OR ANY OTHER

ENTITLEMENTS FOR THE OPERATION OF FORMULA BUSINESSES WITHIN THE

CITY OF CARPINTERIA, WITH THE EXCEPTION OF THE CASIT AS PLAZA AND

THE SHEPARD PLACE SHOPS
WHEREAS, pursuant to the City of Carpinteria's ("City") police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City ("City Council") has the authority to enact and enforce ordinances and regulations for public health, safety, and welfare;
WHEREAS, section 65850 of the Government Code also provides the City Council with the authority to, among other things, adopt ordinances regulating the use of buildings within its jurisdiction;
WHEREAS, the City's Zoning Ordinance currently allows operation of formula businesses within the City, provided that such businesses meet all applicable legal requirements and have obtained a Certificate of Occupancy and other necessary entitlements from the City; and WHEREAS, the City adopted its General Plan/Local Coastal Plan as a comprehensive, long-term plan for the City's development and many of the City's General Plan/Local Coastal Plan policies and zoning regulations were enacted to limit commercial development that would impair the City's distinctive small beach town charm and character. Among others, those land use objectives and policies include the following:
• Land Use Element Objective LU-3: Preserve the small beach town character of the built environment of Carpinteria, encouraging compatible revitalization and avoiding spawl 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-3g: Provide for a range of business activities that bring vitality, revenue, and employment to Carpinteria and are compatible with its small town character; WHEREAS, the City has adopted Resolution No. 5500, a Sustainable Community Policy, in part, as a basis for creating strategies that allow it to adapt to ever-changing environmental, economic, social and physical stressors. Among the directives of the City's Sustainable Community Policy are the following:
• Promote a diversified and resilient local economy that reflects the unique attributes of the region and provides necessary and desirable products and services for both residents and visitors;
• Attract and retain downtown retailers, hotels, corporate headquarters and Research and Development uses that can be successful in and complimentary to the community; Ordinance No. 755

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important City interests listed above and create substantial public health, safety and welfare problems for the City, its residents, and its businesses; WHEREAS, on May 9, 2022, the City Council directed City staff to prepare a proposal to adopt regulations governing the establishment of formula businesses within the City; WHEREAS, City staff is in the process of initiating an amendment to its Local Coastal Plan for the City Council's consideration at a future meeting in order to study and draft comprehensive regulations governing formula businesses pursuant to the City Council's direction; WHEREAS, in the meantime, a temporary moratorium is necessary to allow City staff time to study possible revisions to the City's zoning ordinance and other regulations to address the matters set forth above, which regulations when completed will be brought back for City Council consideratiori within a reasonable time;
WHEREAS, on May 23, 2022, the City Council heard City staffs report and received public comment on the proposed moratorium but could not take action on the moratorium because only three Councilmembers were present, which would not have met the four-fifths (4/5) vote requirement in Government Code section 65858;
WHEREAS, California Government Code section 65858 provides that for the purpose of protecting the public safety, health, and welfare and without following the procedures otherwise required prior to adoption of a zoning ordinance, the City Council may adopt, as an urgency measure, an urgency ordinance prohibiting any uses which may be in conflict with "a contemplated general plan, specific plan, or zoning proposal that the [City Council], planning commission or the planning department is considering studying or intends to study within a reasonable time;" WHEREAS, the City currently has approximately 15 vacant commercial spaces, in addition to an anticipated 17 to 20 new commercial spaces that are associated with pending development projects, which could be occupied by a formula business without any further discretionary review or approval by the City;
WHEREAS, the City's Municipal Code provides that a Certificate of Occupancy and business license, both of which are necessary to operate a business in the City, are ministerial entitlements not subject to discretionary review by the City; WHEREAS, if and when a new formula business applies for such entitlements, any such application could be granted before the City could consider and enact an urgency ordinance under Government Code section 65858 regulating establishment of such a new formula business, thereby frustrating the City's ability to enact lawful regulations on the establishment of new formula businesses;
WHEREAS, the City finds that, as a result of these conditions, the City cannot wait until a new application for establishment of a formula business is submitted in order to enact restrictions on formula businesses;
Ordinance No. 755

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WHEREAS, if additional formula businesses were allowed to be instituted in the City, prior to the City's consideration and adoption of final regulations governing formula businesses, such uses could (1) conflict with and/or defeat the purpose of the proposal to adopt regulations regulating formula businesses, (2) conflict with the requirements of the General Plan/Local Coastal Plan, (3) be inconsistent with surrounding uses, and/or ( 4) be immediately detrimental to the public health, safety, and welfare;
WHEREAS, in the absence of an urgency moratorium, the City's ability to effectively address in a timely manner the negative impacts caused by the proliferation of formula businesses on the public health, safety, and welfare will be seriously compromised; and WHEREAS, the City Council finds that the above conditions create a current and immediate threat to the public health, safety, and welfare of the City, its residents, and its businesses, within the meaning of Government Code section 65858, as the public health, safety, and welfare depend on the continued economic and cultural vitality of a connected, engaged, and diverse business community, and excessive formula businesses degrade the community's smalltown feel and eliminate opportunities for smaller and independently-owned businesses to thrive, especially those business providing vital services to local residents that do not normally pay high rents;
WHEREAS, for the reasons included in the record, the City Council has determined that, as of the Effective Date (as this term is defined in Section 8 below) of Ordinance No. 755 ("Ordinance"), there is no urgency to regulate formula businesses within the Casitas Plaza or the Shepard Place Shops;
WHEREAS, the City Council has determined, by at least a four-fifths ( 4/5) vote, that this Ordinance satisfies the requirements of Government Code section 65858, is a matter of City-wide importance, is a reasonable and necessary measure designed for immediate preservation and protection of the public health, safety, and welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and regulations.

NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Recitals Incorporated.

The above recitals are incorporated herein and are each relied upon independently by the City Council in its adoption of this Ordinance.

SECTION 2. Declaration of Urgency.

The City Council hereby finds and declares that, for the reasons set forth in the above recitals, there is a need to enact an urgency ordinance establishing a moratorium on the issuance of any and all Certificates of Occupancy and/or any other entitlements for the operation of formula businesses (as defined in Section 6 of this Ordinance) within the City, with the exception of the Casitas Plaza and the Shepard Place Shops (collectively, "City Limits"), subject to the findings and conditions contained in this Ordinance. To clarify, the Casitas Plaza and the Shepard Place Shops shall not be subject to this Ordinance. Prior to the issuance of further entitlements for Ordinance No. 755

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SECTION 3. Moratorium.

Notwithstanding any other provisions of the CMC or any other ordinances or regulations of the City to the contrary, no Certificate of Occupancy or any other entitlement which has as its result the approval or allowance of the operation of a formula business within the City Limits shall be issued, granted or approved by any employee, department, or commission of the City for a period of forty-five-(45) days immediately succeeding the effective date of this Ordinance (and as it shall be extended pursuant to the requirements on Government Code section 65858). During the term of this Ordinance, only those entitlements for which the right to proceed with the associated development, facility, or activity has vested pursuant to the provisions of State law prior to the effective date of this Ordinance, shall proceed in violation of the provisions of this Ordinance.

SECTION 4. Immediate Threat.

Based on the findings herein, this Ordinance is adopted pursuant to California Government Code section 65858. Adoption of this Ordinance is required in order to address the current and immediate threat identified by the City Council to the public health, safety, and welfare of residents and businesses that would result from the grant of new Certificates of Occupancy and/or other entitlements for the operation of formula businesses within the City Limits.

SECTION 5. Hardship Exception/Waiver.

SECTION 6. Definition of Formula Business.

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SECTION 7. Exception for Relocation of Existing Formula Businesses.

SECTION 8. Effective Date.

This Ordinance shall be in effect for a period of forty-five ( 45) days immediately following the date of adoption; provided, however, that after notice pursuant to California Government Code section 65090 and a public hearing, by the affirmative vote of at least four-fifths (4/5) the City Council may extend this Ordinance for an initial period of time up to 10 months and 15 days pursuant to California Government Code section 65858. Thereafter, upon a four-fifth ( 4/5) vote, a further extension of one (1) year is also permitted.

SECTION 9. Amendment of Ordinance.

SECTION 10. Severability.

SECTION 11. CEQA Exemption.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines sections 15060( c )(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a "project" as defined in section 15378). The Ordinance prevents changes in the environment pending completion of the contemplated CMC review and thus has no potential for resulting in physical change to the environment, either directly or indirectly.

PASSED, APPROVED, AND ADOPTED this 27th day of June, 2022, by the following called vote:

A YES: COUNCILMEMBERS:

Ordinance No. 755

Page 7 ends

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Mayor of the City of Carpinteria
ATTEST:

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
Attachment B
Government Code Section 65858( d) Report Describing Measures Taken to Alleviate Need for Moratorium on Formula Businesses Government Code Section 65858(d) Report
Formula Businesses Temporary Moratorium
July 11, 2022 City Council Meeting
Gov. Code§ 65858(d} Report
Date: July 11, 2022
From: City Council
To: Ordinance No. 755 file
Subject: Report Describing Measures Taken to Alleviate Need for Moratorium on Formula Businesses
This report ("Report") describes the measures taken by the City of Carpinteria ("City") to alleviate the conditions which led to the adoption of Ordinance No. 755 ("Ordinance), which enacted a moratorium on the issuance of Certificates of Occupancy, business licenses, or other necessary entitlements to establish a formula business within the City limits, with the exception of the Casitas Plaza and Shepard Place Shops.

Background
Many communities across the state and country are experiencing a growth in the number of chain stores and restaurants being established, with associated impacts on the local community and economy. Also known as formula businesses, these establishments have been shown to have negative impacts on the public health, safety, and welfare, including uncontrolled increases in commercial rent, degrading the character of distinctive or historic areas, reducing local tax revenue, and driving out smaller, independent businesses on which the community depends. These concerns are more thoroughly described in the staff reports presented to the City Council for its deliberations on the Ordinance, the contents of which are hereby incorporated by reference.
1 On June 27, 2022, the City Council adopted the Ordinance, imposing a moratorium on the City's issuance of entitlements to operate new formula businesses in the City, with the exception of the Casitas Plaza and Shepard Place Shops. The purpose of the Ordinance is to prevent the establishment of new formula businesses within these areas while the City develops and approves comprehensive, permanent regulations governing formula businesses.
1 These concerns are more thoroughly described in the May 9 th
, May 23
rd
, and June 27
th
, 2022 staff
reports presented to the City Council for its deliberations on Ordinance No. 755, the contents of which are hereby incorporated by reference. All City Council staff reports referenced in this report can be accessed through the City's website home page by selecting the Agendas & Meetings dropdown from the City Hall tab and following the link to the respective archived meeting agenda. The referenced staff reports are accessible by following the link embedded in each agenda item. Meeting video recordings for each referenced meeting can also be accessed from the "archived videos" section of the Agendas and Meetings page.

Formula Business Regulations Status Report
July 11, 2022

Page 2 ends

Work To Date
At its July 11, 2022 meeting, the City Council adopted Resolution No. 6146, which directs City staff to begin drafting amendments to the City's Local Coastal Program and Municipal Code regulating formula businesses within the City. City staff has begun that process, and will work with the Planning Commission and the public to develop proposed regulations for the City Council's consideration. The City Council also provided City staff with direction as to the nature and scope of the final regulations, and City staff is in the process of researching and drafting proposed language pursuant to that direction.

Therefore, although the City has taken significant steps toward enacting comprehensive formula business regulations, the conditions that led to the adoption of the Ordinance are ongoing and additional time will be required to complete the necessary work.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 11, 2022

ITEM FOR COUNCIL CONSIDERATION
Acceptance of the Dune and Shoreline Management Plan.

STAFF RECOMMENDATION
Accept the Dune and Shoreline Management Plan.

Sample Motion: I move to accept the Dune and Shoreline Management Plan.

BACKGROUND
Just as with so many coastal communities, Carpinteria's shoreline is inherently vulnerable to tidal damage whenever conditions are severe and ocean wave run-up or beach erosion occurs. Large storms, ocean waves, and onshore winds contribute to this vulnerability. Storm events between 1969 and 1998 serve as examples of when private and public improvements along the ocean front were damaged or severely threatened.

Much of Carpinteria including Carpinteria State Beach, beach neighborhood, and Downtown lie at low elevations behind an unarmored coast. As part of the City's Sea Level Rise Vulnerability Assessment and Adaptation Plan (SLRVAAP), the western portion of Carpinteria was identified as potentially vulnerable to coastal hazards associated with sea level rise. Due to this region's low elevation, unarmored shoreline when combined with fluvial flood hazards from the three major creeks (Carpinteria Creek, Franklin Creek, and Santa Monica Creek) and Carpinteria Salt Marsh, Carpinteria has been identified as one of the most vulnerable communities to damage from sea level rise.

Historically, Carpinteria was occupied by an extensive wetland and dune system where Carpinteria's western one-mile of shoreline supported a large dune complex that buffered low-lying areas from ocean waves and flooding. These dunes allowed the formation of vegetated wetlands and intertidal sand and mud flats. Much of the low-lying neighborhoods and Carpinteria State Beach are within these former wetlands and are likely to be subject to future coastal flooding and tidal inundation as sea levels rise based on recent sea level rise flood and inundation projections within the Final Dune and Shoreline Management Plan
July 11, 2022

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SLRVAAP. Ongoing planning efforts at the local, regional, and state level are currently working to develop long-term mitigation measures.

Since 2003, the United States Army Corps of Engineers (USACOE) was working on the Shoreline Storm Wave Damage Reduction Study. The purpose of that study was to identify solutions that will reduce the probability of damaging ocean events. The study is complex and technically comprehensive. Unfortunately, the study was indefinitely suspended due to inconsistent funding. Since the study was initiated, the threat of sea level rise merited grant funding opportunities from the state in order to investigate shoreline resiliency, and the City pursued grant funds in order to explore adaptation strategies to mitigate coastal flooding hazards and to improve shoreline resiliency.

In July 2018, the City held a workshop to collect public input and feedback for initial adaptation concepts of increasing shoreline resiliency. On September 9, 2019, the City Council authorized the City Manager to execute an Agreement with Wood Environment & Infrastructure Solutions, Inc. for preparation of the Dune and Shoreline Management Plan. On April 27, 2020, the City Council authorized the City Manager to execute an Agreement with Moffat & Nichol for coastal engineering services in support of preparing the Dune and Shoreline Management Plan.

Ongoing work at the state level as well as local and regional partnerships are exploring the complex issues facing coastal communities in addressing long-term solutions to sea level rise. The City is closely monitoring state legislative actions related to sea level rise and continues to work with other local agencies on a regional scale. Long-term planning efforts that are being undertaken include the General Plan/Local Coastal Plan update and partnerships with the Santa Barbara Climate Collaborative and the Beach Erosion Authority for Clean Oceans and Nourishment (BEACON), both of which the City is an active member.

On February 14, 2022, the City Council continued the acceptance of the Dune and Shoreline Management Plan with a request for additional information about additional City planning efforts for sea level rise adaptation and mitigation, as well as additional information about reefs as a sand retention measure. On March 4, 2022 this additional information was presented to the City's Public Facilities Committee and staff was directed to bring the Dune and Shoreline Management Plan to Council for acceptance.

The purpose of this agenda matter is to provide the additional information requested to the City Council, and to accept the Dune and Shoreline Management Plan as the basis for the creation of mitigation measures against near-term (approximately 50 years) sea level rise.

DISCUSSION
The Dune and Shoreline Management Plan is one part of the City's response to the impacts of projected sea level rise. It is intended to be complementary to other policies and programs developed by the City to address climate change adaptation and mitigation. The Dune and Shoreline Management Plan builds upon City objectives, Dune and Shoreline Management Plan
July 11, 2022

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including the City's General Plan/Local Coastal Plan update and adoption of the Sea Level Rise Vulnerability Assessment and Adaptation Plan in order to plan for and adapt to projected sea level rise (Attachment A).

Since initiating the Dune and Shoreline Management Plan, the City has conducted five public workshops, one at each project milestone, as well as multiple meetings with key stakeholders and a public comment period in an effort to engage stakeholders and solicit feedback.

Development of a living shoreline and sediment nourishment project is identified as an adaptation and resilience building strategy in the City's SLRVAAP. The Dune and Shoreline Management Plan is intended to guide the City in developing a living shoreline project to address near- to mid-term sea level rise vulnerabilities. It would also allow the City to seek out additional grant funding sources for further development of a project.

The Dune and Shoreline Management Plan encompasses approximately 1.5 miles of coastline starting at the mouth of the Carpinteria Salt Marsh at Sand Point to the western edge of Tar Pits Park. The beaches fall within the jurisdiction of the City, County of Santa Barbara (County), and California Department of Parks and Recreation (State Parks). The Dune and Shoreline Management Plan's study area was divided into four segments referred to as "Reaches" as shown in Figure 1 below.

REACH i.' ,AthA.,.. li,UidlnA.'t•
A:EA(:H) - IJnoc,nAv• to C.,~11161• Cre,ok
REACH,& -~IC.6.tlOTAfpitl
Figure 1. Project Location and Reaches
The Dune and Shoreline Management Plan includes the following elements:

Dune and Shoreline Management Plan
July 11, 2022
Page4

1. Existing Shoreline Management Policies, Regulations, and Programs

2. Project Constraints and Feasibility Analysis

3. Living Shoreline Design Alternatives and Modeling

4. Living Shoreline Adaptive Management Plan

5. Funding and Costs
The DSMP analyzed four design alternatives, as detailed below.

1. Existing Winter Berm: This alternative was selected for modeling as it represents an existing baseline condition for which other alternatives can be compared against, as well as to model the effectiveness of the existing winter berm program at protecting the City's Beach Neighborhood under future sea level rise conditions.

2. Wider Beach from Nourishment: This alternative would involve extensive beach nourishment within Reach 2 to create a wider beach, approximately 150 feet wider than the exiting beach.

3. Singe Ridge Dune with Wider Beach: This design alternative would include a single ridge dune with a slightly lower profile than the Winter Berm, coupled with sediment nourishment to create a wider beach.

4. Double Ridge Dune with a Wider Beach: This design alternative would construct two dunes, both at a lower elevation than the Winter Berm and relatively wider and flatter in grade, with the same elements of sediment nourishment as Alternative 3.

These four alternatives were then compared to determine efficacy in reducing wave runup and overtopping and were ranked from best to worst as shown below:

1. Alternative 3 - Single Ridge Dune with Wider Beach;

2. Alternative 1 - Existing Winter Berm;

3. Alternative 4 - Double Ridge Dune with Wider Beach; and

4. Alternative 2 - Wider Beach from Nourishment
Alternative 3, a single ridge dune with a lightly lower profile than the winter berm, coupled with sediment nourishment to create a wide sandy beach, was selected as the preferred design alternative using several evaluation factors 1. Alternative 3 would reduce wave run-up elevations and subsequent overtopping to the greatest degree when compared to the other design alternatives. It also preserves the existing recreation benefits of Carpinteria City Beach by incorporating sediment nourishment to widen the beach. Carpinteria City Beach is considered an important economic and recreation contribution to the community.

In addition to the living shoreline design, the constraints and feasibility analysis looked at possible sand retention measures. To address questions regarding sand retention measures, a technical memo was prepared by Moffatt and Nichol (Attachment B). While 1 City of Carpinteria Dune and Shoreline Management Plan, Pg. 48 Dune and Shoreline Management Plan
July 11, 2022

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a temporary sand retention measure is suggested as part of the preferred living shoreline design alternative, any type of sand retention measure can be controversial.

Understanding the impacts would need to be studied in the environmental review process if Council chose to include sand retention as part of the overall living shoreline design.

Accepting the Dune and Shoreline Management Plan allows the City to continue to seek out grant opportunities for sea level rise mitigation and adaptation. The City has received support from BEACON and the California Coastal Conservancy for moving forward with further exploration of a living shoreline design. Council could direct staff to move forward with a cost benefit analysis as a next step to better understand the fiscal impacts of both moving forward with a living shoreline project as well as the impacts of not doing a project.

POLICY CONSISTENCY
The Carpinteria General Plan/Local Coastal Plan support sea level rise and flood protection measures and continued work to find an optimal solution to the threat of damage to shoreline improvements.

Objective S-4 Implementation Measure 13 of the General Plan/Local Coastal Plan states:

The City shall support and facilitate the current Army Corps of Engineers feasibility study and otherwise pursue long term solutions for beach nourishment and establishment of a vegetated dune system at the City beach.

Pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq., "CEQA"), the Dune and Shoreline Management Plan is not subject to CEQA pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c)(3) (the activity is not a project as defined in Section 15378) 15061 (b)(3) (no significant effect on the environment).

Should the City move forward with securing funding, a detailed environmental review such as either a programmatic or project specific Environmental Impact Report would need to be completed.

FINANCIAL CONSIDERATIONS
There is no cost in accepting the Dune and Shoreline Management Plan. However, implementation of any of the alternatives as recommended by the Dune and Shoreline Management Plan would require funding which is undetermined at this time.

Project costs would include planning and project initiation (e.g., planning, environmental review, permitting) and construction. The Dune and Shoreline Management Plan estimates the total project cost to be between $9,00,000 to $12,000,000; however, this Dune and Shoreline Management Plan
July 11, 2022

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is a high level estimate. Project funding would require pursuit of a combination of federal and state grants as well as local and regional funds. The City could collaborate with other agencies, such as State Parks and/or the County. Any collaboration should be explored for sharing project construction costs and/or offsetting maintenance costs.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The Planning Commission reviewed and made recommendations for the Dune and Shoreline Management Plan in accordance with Carpinteria Municipal Code Section

2.32.070.

OPTIONS

1. Accept the draft Dune and Shoreline Management Plan and direct staff to move forward with acquiring funding for a cost benefit analysis. (Staff recommendation).

2. Accept the draft Dune and Shoreline Management Plan and take not further action.

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

PRINCIPAL PARTIES EXPECTED AT MEETING
Chris Webb, Coastal Engineering Consultant, Moffatt & Nichol

ATTACHMENTS
Attachment A:

Attachment B:

Attachment C:

Attachment D:

Community Development Department Memo of Additional SLR Planning Efforts
Reefs and Groins Technical Memo
CA Coastal Conservancy and BEACON Letters of Support
Dune and Shoreline Management Plan
Staff contact:

Erin Maker, Environmental Program Manager
(805) 880-3415, [email protected]
I
~
O
~
/ Sign✓afure ~
Reviewed by:

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

Dave Durflinger, City Manager
(805) 755-4400, [email protected]

ATTACHMENT A
Community Development Department Memo of Additional SLR Planning Efforts

CITY OF CARPINTERIA MEMO
To:

From:

Date:

Re:

Erin Maker, Environmental Programs Manager, Public Works Department Steve Goggia, Director, Community Development Department February 24, 2022
Background Information of the Coastal Land Use Update (CLUP), CLUP Implementation Plan, and the Sea Level Rise Vulnerability Assessment and Adaptation Plan
As we discussed, this memo serves to provide background on the planning relationships of current programs, planning investigations, and other analyses.

A. The Local Coastal Program Update
In August of 2016, the City received a $150,000 Coastal Commission Round 4 Grant award to prepare a Sea Level Rise Vulnerability Assessment and Adaptation Plan (SLRVAAP), and related amendments to the City's certified Local Coastal Program (LCP). Proposed LCP amendments include both updates to the Coastal Land Use Plan (and General Plan) and the LCP Implementation Plan, which include zone code amendments. The grant terms included conformance to the Natural Resources Agency, Safeguarding California Guidelines for Reducing Climate Risk and the 2014 Ocean Protection Council Resolution (CCC letter, August 16, 2016). Both guidance documents have been updated by the state agencies as new science-based information regarding sea level rise becomes known.

The City contracted with Wood Environment & Infrastructure, Inc. (formerly Amee Foster Wheeler Environment & Infrastructure, Inc. under the original services agreement) to perform the planning and environmental analyses, with Revell Coastal as a subcontractor to prepare the City's sea level rise model based on the Coastal Resiliency Coastal Hazard Model, which was used at a regional scale by the County of Santa Barbara. The model evaluated coastal flooding, tidal inundation, and coastal erosion hazards attributed to sea level rise, using different time horizons and best available ocean science information. The model then mapped potential coastal hazards, over time (present to 2100) upon Cityidentified sectors (resources, services, and other improvements).

In 2018, the City was awarded a $218,093 Caltrans Adaptation Planning grant to provide an opportunity to broaden the scope of transportation and related environmental justice analyses of the budgeted SLRVAAP investigations. Study findings of the effects of sea level rise upon disadvantaged communities would be integrated into necessary findings of the LCP Update.

P:\PW Projects\15119 Dune and Shoreline Management Plan\15118.03 Design Correspondence\Meetings\Public Facilities 03.04.22\SG EM Memo Adaptation Plan Implementation Program_Program Background Feb_24_2022.docx
Coastal Adaptation Implementation Program
February 24, 2022

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B. Final Sea Level Rise Vulnerability Assessment and Adaptation Plan In March of 2019, the City completed a Final Sea Level Rise Vulnerability Assessment and Adaptation Plan, based on updated state guidance documents including the CCC Sea Level Rise Policy Guidance Document (2018), Safeguarding California Plan Update (Ocean Protection, Council 2018), and Safeguarding California Plan update of the California Natural Resources Agency (2018).

As part of the SLRVAAP, the City held public workshops with the General Plan Advisory Committee and coordinated with the Coastal Commission (as required by grant terms) over a series of meetings and discussions regarding the preparation of the SLRVAAP as well as draft Coastal Land Use Plan element updates. As part of this report, the City developed an adaption plan, which includes the City's Priority Adaptation Strategies Matrix (City of Carpinteria, Final SLRVAAP, Figure 8-1, 2019).

It is important to note, that Adaptation Strategies Matrix identifies numerous strategies to be studied and states:
"A principal intent of the CLUP/General Plan is to implement policies that ensure permitted development is sustainable from coastal hazards and existing public improvements and development is managed to reduce exposure to coastal hazards. As part of this ongoing CLUP/General Plan Update process, policies will be further developed by stakeholders and public agencies, including further discussions at public workshops and hearings (emphasis added).

Adaptation planning for these priority measures is anticipated to require significant regional or multi-jurisdictional coordination and funding. Many adaptation strategies take substantial time to implement. As a result, advanced planning and financing is vital.

The City's adaptation approach allows flexibility to choose from an array of adaptation strategies over time as the identified triggers are reached. As indicated within Figure 8-1, the City recommends that planning for each priority adaption measure begin immediately.

Next steps identified within this Report include additional study; public outreach; economic analysis; project funding; engineering; permitting, program adoption, and or/construction. These next steps are necessary to understand the feasibility and effectiveness of the identified adaptation measures in this Report, prior to implementation and/or adoption (emphasis added). The City would continue to monitor appropriate triggers such as an increase in sea level elevations, storm exposure and frequency, beach width distance, damages, and erosion distance, and evaluate the effectiveness of a strategy with consideration of social, economic, and environmental effects.

Coastal Adaptation Implementation Program
February 24, 2022

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Future trigger points will be evaluated and incorporated as more information on planning/modeling is gathered."
The SLRVAAP recognizes that the adaptation plan stems from the implementation plan for the Coastal Land Use Plan update. As part of this ongoing update, additional grants have been obtained given the broadened scope of the Coastal Land Use Plan, the Local Coastal Program Update Program EIR (awarded CCC Round 6 Grant and pending Round 7 grant) and the window of funding opportunity to study the concept of a Living Shoreline (Caltrans).

C. Relationship of the SLRVAAP Adaptation Strategies and the Local Coastal Program Update (CLUP and zone code amendments).

The City's Local Coastal Plan Update, includes the draft CLUP plan amendments, zone code amendments, and the SLRVAAP, all of which are intended to be fully evaluated as the Project Description of the Update's Program EIR. It would be optimal to continue to pursue grant funds to supplement program, especially, the Program EIR's required alternatives analyses.

The Program EIR alternatives analysis also provides an opportunity to fully analyze environmental effects of policies, programs, and adaptation strategies. For example, grant funds, such as the CCC Round 7 non-competitive grant, could potentially fund a comparative economic analysis of various adaptation strategies, including the No Project Alternative (do nothing approach), a hybrid approach of many strategies, and/or a more focused set of policies, programs, and strategies.

The importance of performing the CEQA analysis, is that the Program EIR would provide the public and decisionmakers with comprehensive and informed analyses of the various options to address sea level rise hazard issues, based on professional technical investigations. To eliminate certain adaptation strategies before such analysis is performed, may unnecessarily reduce opportunities from timely consideration and/or implementation, before any decision is required to approve or deny a program or strategy.

Based upon the findings of the CEQA analyses and the required planning findings, the decisionmakers would have this additional technical information to shape the Local Coastal Program Update. At the time of adoption, the decisionmakers may elect any number of options contained within the SLRVAAP, Draft CLUP, and Draft Implementation Plan to form the Adopted Final Local Coastal Program. And ongoing collaboration with the CCC regarding LCP Update certification may stand the best chance of success if the LCP Update provides an array of EIR analyzed policy and strategy options.

ATTACHMENT B
Reefs and Groins Technical Memo
moffatt & nichol
555 Anton Boulevard, Ste. 400
Costa Mesa, CA 92626
(657) 261-2699
www.moffatt111cl1ol.com

MEMORANDUM
To: Erin Maker, City of Carpinteria
Cc: Bryce Corlett, M&N
From: Chris Webb
Date: February 28, 2022
Subject: Carpinteria Shoreline Management Plan - Sand Management Using Reefs and Groins M&N Job No.: 210066
Introduction
The City of Carpinteria prepared a Shoreline Management Plan (SMP) that was considered by the City Council in February of 2022. The SMP document suggests consideration of a sand retention measure in the form of a single groin as a pilot project. Sand retention is suggested to lengthen the lifespan of a widened beach at the lowest cost possible.

The Council expressed interest in a reef rather than a groin and requested additional information about reefs. This memo provides more information for the City's consideration.

Pros and Cons of Reefs and Groins
Reefs
Artificial reefs have been considered for sand retention at multiple locations along California's coast. Natural reefs can also provide that function. They are a bathymetric shallow area located just offshore of the beach that causes waves to break farther from shore and dissipate their energy before reaching shore. An energy shadow zone forms shoreward of the reef creating an area for sand deposition. Sand moving along the shore slows down within the energy shadow and deposits to form a widened area or bulge in the beach planform called a salient. The reef can also provide secondary benefits for surfing, SCUBA diving, and habitat formation.

Reefs are a popular concept due to these benefits. As a result, reefs are often considered as options in sand retention project concepts. Most recently the San Diego Association of Governments (SANDAG), which is analogous to BEACON, evaluated reefs and other features (including groins) for a Regional Sand Retention Strategy (Moffatt & Nichol, San Diego Regional Sand Retention Strategy, October 2001). The Strategy concluded that reefs present both pros and cons for purposes of sand retention and need more analysis before concluding their superiority as a strategy.

That additional work has yet to occur. The City of Solana Beach proposed installation of a nearshore reef for sand retention by the U.S. Army Corps of Engineers in the early 2000's but that project stalled and has not moved forward.

Most recently, in 2021 the City of Oceanside proposed a set of groins as a pilot sand retention strategy that is presently under consideration at the City.

In addition, reefs were the primary approach to surfing improvement by a commercial group composed of surfers in other parts of the world. Their sand retention function is not well documented. Several of those installed were referred to by certain members of the public in the February 14, 2022 Carpinteria City Council hearing. Their success has been touted but also challenged and seems to remain uncertain. Examples are Narrowneck Reef in Australia, Mount Reef in New Zealand, Kovalam Reef in India and Bascombe Reef in Great Britain. Several of these are considered failed.

The Narrowneck Reef was designed for sand retention but data showing efficacy of that is not available.

Carpinteria Shoreline Management Plan - Reefs and Groins- Draft Memorandum
February 28, 2022
M&N #: 11015
While the concept is very attractive, the problems associated with reefs are:

1. the large size required for the beach-widening benefit, and the associated costs required to build such a large structure;

2. the relatively small beach deposition projected to occur in the lee of the reef compared to the cost to build it;

3. design challenges to render it effective throughout the high to low tide cycle (approximately 6 feet), and during sea level rise (SLR; up to another 2 feet); and

4. difficulties removing them if they are proven to be ineffective.

Groins
The performance of reefs to retain a beach is less certain than groins. Groins have been used as a sand retention strategy for decades and have demonstrated success throughout this region. They work best in conditions where sand moves predominantly in one direction (such as at Carpinteria City Beach). Groins are smaller in footprint than a reef but are located in the tidal zone on the beach and can pose an impediment to lateral access if designed improperly.

Groins are beneficial in sand retention but they pose the following challenges:

1. can cause a downcoast erosional reach if not designed properly;

2. are perceived as triggering the need for additional groins for formation of a "groin field;'

3. are on the beach and pose a direct access constraint and potential hazard; and

4. can cause a visual and aesthetic impact as compared to a reef that may be mostly submerged.

Example groins in the region include those at Pierpont Beach in Ventura, Will Rogers groins in Pacific Palisades, Venice Beach groin, Playa Del Rey groins, Chevron Groin in El Segundo, Topaz Groin in Redondo Beach, Cabrillo Beach groin, Seal Beach groin, Newport Beach groins, South Groin in Oceanside, Ocean Beach in San Diego, Hotel Del Coronado at Coronado Beach, and Imperial Beach.

A groin was proposed as possible sand retention measure as part of the Carpinteria Living Shoreline due to several factors: the technical approach is proven, the feature can be removed if undesirable, and it can be modified or 'tuned' to improve results and optimize its performance. This tuning can be accomplished by adjusting its length and/or elevation because it accessible from shore. It is also less costly than other sand retention features such as reefs. Full mitigation of any potential downcoast effects can be achieved by 'pre-filling' the upcoast groin compartment with sand during the groin's construction to enable sand to continue to bypass the structure during and after construction is complete. Also, the top of the groin can be notched or lowered along the upper reaches of wave run-up on the beach to allow sand to be carried up and over the groin crest to the downcoast beach to continue feeding that beach. Finally, downcoast impacts can be monitored and the groin lowered and/or shortened if needed to reduce any downcoast effects. If the groin is considered detrimental, then it can be completely removed.

There have been recent discussions including local experts (e.g., Gary Griggs) and Coastal Commission Staff (e.g., Lesley Ewing) about considering sand retention as an adaptation strategy for sea level rise. Groins have been considered in that conversation due to their proven track record.

Conclusions
The City Council has expressed a desire to learn more about reefs as a concept to retain sand. This memo provides some initial information about reefs and the proposed concept of a pilot groin project. A reef is a worthy concept to consider and deserves as much consideration as is needed to make an informed decision. The project team has experience analyzing reefs, groins, and other types of sand retention concepts in the past. There is a pilot groin project

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Carpinteria City CouncilJuly 11, 2022

Carpinteria City Council
July 11, 2022