City of Carpinteria
City Council Regular Meeting Agenda
Monday, July 25, 2022
Council Chamber, 5775 Carpinteria Avenue
5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website (https://carpinteria.ca.us/cityhall/agendas-meetings) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 889 0390 2262.
Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes.
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's City Council Regular Meeting Agenda
July 25, 2022
agenda website (https://carpinteria.ca.us/city-hall/agendas-meetings). Please reference the agenda item to which your comment pertains. While written comments become part of the record, they will not be read aloud at the meeting.
Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.
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
PLEDGE OF ALLEGIANCE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:
1. Certificate of Commendation to Matthew Lamberti.
2. Carpinteria Valley Water District Drought Presentation.
3. Code Compliance Quarterly Report.
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING A SPECIAL
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.
City Council Regular Meeting Agenda
July 25, 2022
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.
4. Approve the minutes of the regular City Council meeting of July 11, 2022.
5. Receive and file the Expenditures for the period beginning July 2, 2022 and ending July 15, 2022.
6. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of June 21, 2022 through July 18, 2022.
7. Receive and file the Monthly City Treasurer’s Reports on Compliance with Statement of Safekeeping and Investment of Public Funds.
8. Receive and file the Quarterly Review of the Pension Stabilization Trust.
9. Adoption of Resolution No. 6149, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.
ADMINISTRATIVE MATTERS:
10. Designation of Voting Delegate and Alternate for the League of California Cities Annual Conference.
City Council Regular Meeting Agenda
July 25, 2022
Recommendation: Designate Mayor Nomura as the City’s voting delegate and, if applicable, designate Councilmember(s) ________ as the City’s alternate voting delegate(s) for the League of California Cities 2022 Annual Conference and Expo in Long Beach.
Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination
11. Cancellation of the regular City Council meeting of August 22, 2022.
Recommendation: Authorize the cancellation of the August 22, 2022 City Council meeting.
Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination
12. Amendment No. 1 to the Agreement with Geosyntec Consultants to provide engineering support services for City Project No. 15019 – Via Real Stormwater Project.
Recommendation: Authorize the City Manager to execute Amendment No. 1 to the Agreement with Geosyntec Consultants to provide engineering support services for City Project No. 15019 – Via Real Stormwater Project in an amount not-toexceed $35,766 for a total amended agreement amount of $209,801. (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:
13. Annual Review of Fire Protection Mitigation Fee Program and Approval of an Adjustment in the Fee Amount.
Recommendation: Approve and Adopt Resolution No. 6150, Updating the Fire City Council Regular Meeting Agenda
July 25, 2022
Protection Mitigation Fee Schedule for Development, and Approving and Accepting the Carpinteria-Summerland Fire Protection District’s Annual Report.
Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination
14. Consideration of extending Ordinance No. 755, a temporary moratorium on the issuance of certificates of occupancy and/or business licenses or any other entitlement for the establishment of formula businesses within the City of Carpinteria, with the exception of Casitas Plaza and Shepard Place Shops.
Recommendation: Approve and adopt Ordinance No. 757 (Attachment A), extending a temporary moratorium on the issuance of certificates of occupancy and/or business licenses or any other entitlement for the establishment of formula businesses within the City of Carpinteria, with the exception of Casitas Plaza and Shepard Place Shops. (This motion requires, at minimum, a 4/5th vote for approval by the legislative body to pass.)
Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
OTHER BUSINESS:
15. Approval and Authorization to enter into a revised Memorandum of Understanding with the Santa Barbara County Association of Governments; County of Santa Barbara; and the cities of Buellton, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang concerning the preparation of the Santa Barbara County Regional Broadband Strategic Plan.
Recommendation: Approve and authorize the City Manager to execute a revised Memorandum of Understanding with the Santa Barbara County Association of Governments; County of Santa Barbara; and the cities of Buellton, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang concerning the preparation of the Santa Barbara County Regional Broadband Strategic Plan.
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
City Council Regular Meeting Agenda
July 25, 2022
c. City Council Determination
16. 2021 Annual Integrated Pest Management (IPM) Report.
Recommendation: Accept the report to be made available for public review and kept on file with the City Clerk.
Staff Presenter: Matt Roberts, Parks, Recreation and Public Facilities 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.
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE ANNUAL
MEETING OF THE CARPINTERIA PUBLIC IMPROVEMENT CORPORATION (CPIC)
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.
1. Representatives to Regional Agencies and Committees
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Clark/Alt. Carty)
b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Carty) c. Channel Counties Division, League of California Cities (Nomura/Alt. Lee) d. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.
Nomura)
e. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt.
Nomura)
f. Santa Barbara Joint Affordable Housing Task Group (Carty & Alarcon) g. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
h. South Coast Youth Safety Partnership (Lee & Alarcon) i. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) City Council Regular Meeting Agenda
July 25, 2022
j. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)
2. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Carty & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee & Alarcon)
d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Carty) f. City Council Finance/Budget Committee (Carty & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura/Alt. Carty) (PC: Benefield and Callender) (ARB: Reginato and Stein)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Clark & Lee) (PC: Allen/Callender)
j. Public Facility Site Acquisition/Development Committee (Carty & Nomura)
3. Ad Hoc Committees
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 August 8, 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.
City Council Regular Meeting Agenda
July 25, 2022
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 20, 2022, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.
Certificate of Commendation
.Jl{ Clark; Yice-:M.ayor
(jregg .Jl. Carty, Counciimember
.Naialia .Jl{arcon, Counciimember
'Roy Lee, Councilmember
Officer Name/Badge No. Totals Violation Violation Description Violations Issued Value MENENDEZ, HENRY 5168 Grand Total Summary CC 10.28.090 VIOL/1 HR TRK PARKING IN RES ZONE3 $114 HERNANDEZ, DAVID 850 Grand Total Summary CC 10.28.030A-J NO PARKING AREAS 220 $9,680 ALONZO, RON 5085 Grand Total Summary VC 22500(B) PARKED IN CROSSWALK1 $38 Grand Total Summary CC 10.28.080 72 HOUR PARKING 99 $11,286 Grand Total Summary CC 10.28.120 REPAIRING VEHICLE0 $0
Grand Total Summary CC 10.32.010 GREEN CURB (24 MIN)0 $0 Grand Total Summary CC 10.32.070 T PRKG SINGLE SPACE REQUIRED7 $266 Grand Total Summary CC 10.32.140 BLUE CURB HANDICAPPED ZONE5 $1290 Grand Total Summary CC 10.36.050 PASSENGER LOADING ZONE5 $190 Grand Total Summary VC 22500(C) PARKED IN RED ZONE2 $76 Grand Total Summary VC 22500(H) DOUBLE PARKIN1 $38
Grand Total Summary VC 22500(I) PARKED IN BUS ZONE1 $258 Grand Total Summary VC 22502(A) RIGHT SIDE PARALLEL PARK 18 INCHES4 $152 Grand Total Summary VC 4000A REGISTRATION REQUIED 24 $3,432 Grand Total Summary VC 5200 DISPLAY OF VEH PLATES (SIGN OFF REQ)7 $231 Grand Total Summary VC 5204 CURRENT TABS REQ (SIGN OFF REQ) 21 $1,122 Grand Total Summary CC 10.28.090 VIOL/1 HR TRK PARKING IN RES ZONE3 $114 Grand Total Summary CC 10.32.035 90-MINUTE PARKING 17 $646 Grand Total Summary CC 10.32.040 TWO-HOUR PARKING 58 $2204 Grand Total Summary CC 10.48.070 OBSTRUCTING CROSSWALK1 $68 Grand Total Summary VC 22500.1 PARKED IN FIRE LANE1 $38 Grand Total Summary VC 22514 PARKED W/IN 15 FT OF FIRE HYDRANT2 $76 Grand Total Summary VC 21461A FAILURE TO FOLLOW POSTED SIGN 27 $693 Total Citations Issued 481 $31,749
05 10
15 20
25 30
35 40
45 50
Off Leash Licenses Strays/Adoptions Calls for service
Stats Q2
April May June
10 30
8 37
24 4
3 36
42 12
3 29
0 5
10 15
20 25
30 35
40 Zoning Public Nuisance Homeless Contacts Parks, Beaches, and open space Stats Q2
April May June
27 23
26 10 9
37 34
19 4
22 12
6 CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013
SPECIAL MEETING AGENDA
MONDAY, JULY 25, 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. Appointments to the Library Advisory Commission.
Recommendation: Make appointments to the Library Advisory Commission.
5. New Business & Discussion
6. Adjournment.
The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, July 20, 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 25, 2022. Please see “TEMPORARY ADJOURNMENT FOR THE
PURPOSE OF HOLDING A SPECIAL 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.
City of Carpinteria
CARPINTERIA COMMUNITY LIBRARY BOARD OF TRUSTEES STAFF REPORT July 25, 2022
ITEM FOR COUNCIL CONSIDERATION
Appointments to the Library Advisory Commission.
STAFF RECOMMENDATION
Make appointments to the Library Advisory Commission.
Sample Motion:
I move to appoint the following five individuals to the Library Advisory Commission:
_____________ ,and
BACKGROUND/DISCUSSION
June 13, 2022, Ordinance No. 756 (Attachment A) was read for the second time and adopted. Ordinance 756 codified the creation and rules governing the five-member Carpinteria Community Library Advisory Commission and authorized compensation for attendance and participation on the Commission. Compensation was set at $30. per regular meeting per month.
Recruitment for the Library Advisory Commission was opened on June 15, 2022 and remained opened until July 15, 2022. The City received 12 applications from interested persons, attached (Attachment B).
• Glynn Birdwell
• Margaret Connors
• Daisy Gemberling
• Jesus Gonzalez
• Amber Kaplan
• Danielle Manriquez-Osborn
Library Advisory Commission appointments
July 25, 2022
• Gail Marshall
• Viviana Morales
• Kara Peterson
• Tristine Rainer
• Pam Roberts
• Fred Shaw
As the Library Advisory Commission is being formed for the first time, all five positions must be filled.
POLICY CONSISTENCY
This agenda matter is consistent with the City Council's authority and interest in efficient, transparent, and accountable local government decision making. The appointments are consistent with Ordinance No. 756, and other provisions of the Carpinteria Municipal Code Chapter 2.37 regarding the Community Library.
FINANCIAL CONSIDERATIONS
With five commissioners, at $30 per regular meeting, with up to twelve meetings per year, could cost up to $1,800 annually as part of the Community Library budget which has been included in the adopted budget.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management considerations presented with this report.
OPTIONS
1. Make five appointments to the Library Advisory Commission.
2. Make less than five appointments to the Library Advisory Commission at this time and re-open the recruitment for additional applicants.
3. Make no appointments to the Library Advisory Commission at this time and provide further direction to staff as deemed appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
Applicants have been advised of the meeting date and encouraged to attend.
ATTACHMENTS
A. Ordinance 756
B. Received applications
Staff contact: Jody Thomas, City Librarian
G:\Library\Staff Reports\Staff report for LAC applicants.docx Library Advisory Commission appointments
July 25, 2022
Staff report for LAC applicants.docx
Staff contact: Jody Thomas, City Librarian
(805) 755-4441, [email protected]
1 d~ Signature
Reviewed by: Matt Roberts, Director of Parks & Recreation (805) 755-4449, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
ATTACHMENT A
ORDINANCE NO. 756
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, ADDING CHAPTER 2.37 TO
THE CARPINTERIA MUNICIPAL CODE ESTABLISHING
THE CARPINTERIA COMMUNITY LIBRARY ADVISORY
COMMISSION
WHEREAS, on June 14, 2021 the City Council adopted Ordinance No 747, establishing a Municipal Library, Library Board of Trustees, and the Library Division of the Parks, Recreation and Public Facilities Department.; and, WHEREAS, on October 11, 2021 the City Council adopted Resolution No 6074, establishing a Library Advisory Commission, this Ordinance No. 756 will serve to supersede Resolution No 6074,: and,
WHEREAS, the purpose of the Library Advisory Commission is to be the voice of the community to provide advice and feedback to the Library Board of Trustees and the City Librarian.
NOW THEREFORE, The City Council of the City of Carpinteria does ordain as follows:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.
SECTION 2. ADDITION OF CHAPTER 2.37 TO THE CMC
Chapter 2.37, entitled "Library Advisory Commission," is hereby added to Title 2, "Administration and Personnel," of the CMC to read as follows:
Chapter 2.37 - LIBRARY ADVISORY COMMISSION
2.37.010 - Established ---Membership.
The Carpinteria Community Library Advisory Commission ("Commission") shall be composed of five Members representative of the Library service area with an option to expand as needed. Members will be appointed to two-year terms. All Members of the Commission shall be appointed through nomination by the President of the Library Board of Trustees ("Board") and consent of the Board, and shall serve at the pleasure of the Board. The Commission shall invite liaison representatives from the Friends of the Montecito Library, Friends of the Carpinteria Library, and a representative from the office of the County Board of Supervisors First District to attend regular meetings.
Ordinance No. 756
Should additional libraries be added to the Carpinteria Library System in the future, additional voting Members may be added to the Commission.
The Board President and Board shall also, through its nomination and appointment process, seek to ensure a Commission that is representative of the Library service area population demographic; library user groups, including underrepresented user groups; and person(s) knowledgeable in library management and operations.
2.37 .020 - Purpose.
A. The Commission is intended to be a conduit between the community, Board, and the City Librarian, to provide advice and feedback. The Commission will review programs and services and make necessary recommendations as they pertain to the provision of these programs and services with the goals of increasing citizen participation and helping to develop consensus for recommendations to the Board.
B. These guidelines establish the rules and procedures that govern the Commission in order to ensure uniformity and transparency of procedures, fairness to the public and interested parties, and compliance with legal requirements in matters heard by the Commission. The Commission will be supported by the City Librarian and Carpinteria Community Library ("Library") staff.
2.37.030 - Organization--Terms.
The Commission shall appoint, following nomination and approval, a Chair and ViceChair of the Commission. The Chair and Vice-Chair shall be so appointed at the first Commission meeting following the start of each new two-year term. The City Librarian, or his or her designee, shall serve as the staff liaison to the Commission.
The term of all members of the Commission shall expire pursuant to Section
2.24.010 of this code.
2.37.040 - Meetings-Compensation
A. Three Members of the Commission shall constitute a quorum. A quorum shall be determined consistent with the Carpinteria Municipal Code (CMC) provisions for City Council meetings. Quorum minimums shall be expanded consistent with the CMC should the Commission's membership be expanded.
B. The Commission shall schedule and hold meetings as needed, with a goal of holding a minimum of one regular Commission meeting each month. Commission meetings will be held at the Library Community Room. Special meetings may be called at any time by the Parks, Recreation and Public Facilities Director, as long as Ordinance No. 756
appropriate notice is given. If a holiday falls on a normal meeting date, the meeting will be held on the same day the following week or at the discretion of the Director.
Dates, times, and locations of meetings shall be posted in the usual manner in accordance with the Brown Act
C. Compensation for commissioners shall be set by resolution of the City Council.
2.37.050 - Duties and Responsibilities.
The Commission shall have the duties and responsibilities specified below, acting in an advisory capacity to the Board and City Librarian in matters pertaining to the management, administration, operation, development, improvement and maintenance of the Library, including but not limited to:
A. Assigning recommendation to the Board and City Librarian about the Library's vision, mission and values;
B. Participating in short- and long-range Library strategic planning, as well as setting goals and objectives;
C. Developing a recommendation to the Board about policies and procedures necessary to provide Library services;
D. Making recommendations on the delivery of high-quality Library programs, facilities and equipment, activities, services and policies; E. Submitting an annual report on the condition of the Library for consideration by the Board and transmittal to the State Library Board on or before August 31 of each year, pursuant to Education Code 18927;
F. Receiving input from service area residents, key partners (such as Friends of the Library), and stakeholders concerning the Library and making recommendations on these as needed;
G. Engaging the community in public outreach about Library programs and services; H. Ensuring that Library programs and services are provided in an equitable manner through working cooperatively with the City Librarian and Board; I. Providing guidance on fundraising efforts and grants sought by the City Librarian on behalf of the Library;
J. Reviewing the budget in order to make recommendations to the Board; K. Assisting in succession planning for new Commission members (Members) by identifying and motivating others to apply and serve when openings occur; and Ordinance No. 756
Page4
L. Performing such other duties as may be requested from time to time by the Board, or as may be required by law."
SECTION 3. EFFECTIVE DATE
This Ordinance shall take effect and be in force and effect thirty days from and after its passage; and before the expiration of fifteen days of its passage shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View, a newspaper of general circulation, published in the City of Carpinteria, County of Santa Barbara adoption pursuant to California Government Code section 36937.
SECTION 4. 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 decision 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 5. CEQA EXEMPTION
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines $15060(c)(3) (this activity is not a "project" as defined in $15378).
SECTION 6. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED on June 13, 2022, by the following vote:
AYES: COUNCILMEMBER(S): Alarcon, Carty, Lee, Cl ark
NOES: COUNCILMEMBER(S): None
ABSENT: COUNCILMEMBER(S): Nomura
ABSTAIN: COUNCILMEMBER(S): None
t:Ud'"-' t/~41 W'
Ma or, City of Carpinteri
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/Y}?~
Ordinance No. 756
ATTEST:
~BrianEsarr~-~ Clerl<
City of Carpinteria
I hereby certify that the foregoing ordinance was adopted after second reading at a regular meeting of the City Council of the City of Carpinteria held on June 13, 2022. ~~~~
/BrianC.Sarrett, CMC,CityClerk
City of Carpinteria
APPROVED AS TO FORM:
ATTACHMENT B
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
RECEIVED
tlUL 1 2 2022
CITY OF CARPINTERIA
BOARD, COMMISSION OR COMMITTEE APPLYING FOR:
Carpinteria Community Library Advisory Commission
APPLICANT: Glynn Birdwell ----------------------------------- Home Address
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria?_N_o _
EXPERIENCE/BACKGROUND:
BA Scripps College, Claremont CA; Mas1er of Library Science, UCLA Education
Retired; extensive experience in municipal library management and operations Present Occupation (Please describe any relevant past work experience.) Friends of the Carpinteria Library, Woman's Club
Memberships in Organizations
Reasons why you believe you should be appointed (attach additional sheets if needed.):
I spent my career in a variety of roles in public libraries and I believe they play a key role in the well-being of a community I believe my work experience would be very useful at this critical time for the Carpinteria Community Library Please see attached sheet for details
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served an: _
I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service an any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED AND DA TED
Rev. 06/15/22
Sig,~
Glynn Birdwell
Application for Carpinteria Community Library Advisory Commission July 2022
Related experience
In 17 years of public library experience I have had the opportunity to serve in a variety of roles providing library services to residents of the City of Livermore and the City of Carlsbad. I worked as a part-time hourly reference librarian, Head of Youth Services, Head of Reference Services and Principal Librarian of the Carlsbad Library Learning Center.
Some highlights of my experience that I think would be valuable to the Carpinteria Community Library as it launches as an independent entity:
::::; Participating in the libraries' strategic planning and succession planning process ::::; Leading Library-wide staff training
::::; Leading the Library Policy & Procedure team
::::; Leading the Library Staff Appreciation and Engagement team ::::; Managing the Carlsbad Library Learning Center which houses Bilingual Services and Adult Literacy Services; responsibilities include budgeting, building maintenance and improvements, programming, personnel management
::::; Developing and implementing community needs assessments ::::; Participating in Library technology projects; evaluating RFPs, developing staff training for:
o Public computer management software
o scheduling software
o library management system
::::; Developing partnerships:
o Career Online High School in collaboration with the California State Library o ESL program in collaboration with MiraCosta College.
o Osher Institute of Lifelong Learning to provide diverse learning opportunities to community members
;:,;; Participating in City-wide teams:
o Carlsbad Emergency Management Team
o Facilities meetings
o Technology projects
::::; Building renovations and space planning
~ Training in and leading change management
;:,;; Contributing to planning the annual Carlsbad Reads Together program I would love the opportunity to use my experience and passion for public libraries to support the Library Board and the City Librarian as we launch the Carpinteria Community Library.
Thank you
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
RECEIVED
'JUL 11 2022
MMITTEE APPL YING FOR:
• C)
CITY OF CARPINTERIA
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria?t/e .5" ~(tl/e4-c 11;.,r)d C'&L r 7 / EXPERIENCE/BACKGROUND: _ ~
;-:;g-,1-__g .s-[E ftzz19<!./IE,.JJ : &;;t;0:,rlf~c.s: rcJ qulJ7lovs Education
Present Occupation (Please describe any relevant past work experien~e. ft I .iEMemberships in Organizations
Reasons why you believe you should be appointed (attach additional sheets if neede f) - -
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: % JIii-Vb ;<.Jt?T .JUvE.o QI\/ ctuy t!,·r <:~lf.wO&/ oi<:. Soll:m , I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so In a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED AND DATED
Rev. 06/15/22
Signatu ~re ~
Margaret Connors
Education
Master of Arts in Library Science, University of Michigan Master of Social Work, University of Michigan
BA, cum /aude, University of Michigan
Occupation/Experience
I am retired following a long, enjoyable and successful career in librarianship, higher education and social work. I'll list here some of the position I have held and on the next page skills gained from my relevant experience. I have worked in public, academic, medical and special libraries in a variety of positions.
PUBLIC Libraries
E.P. Foster Library in Ventura, CA, Reference Librarian for Adults and Children Ann Arbor Public Library, Michigan. Weekend Reference Librarian ACADEMIC Libraries
Fielding Graduate University, Director of Library Services UCSB, Reference and Instruction Librarian
UCSB, Instructional Librarian, Educational Opportunity Program Pacific Oaks College, California, Library Director
Diablo Valley College, California, Coordinator of Library Instruction MEDICAL Libraries
National Library of Medicine, National Network of Libraries of Medicine, Consultant and Principal Investigator
Oregon Health Sciences University, Assistant Professor and Consumer Health Coordinator
Chelsea Community Hospital, Chelsea, Michigan, Director of Medical Library SPECIAL Library
Director of Library, Santa Barbara Botanic Garden
Margaret Connors
Memberships in Organizations
Friends of the Carpinteria Library (former Board Member) Carpinteria Arts Center, member and volunteer
Gaviota Coast Conservancy, member
Carpinteria Community Garden, former member
Reasons why you believe you should be appointed
I would welcome an opportunity to serve on the Library Advisory Commission, especially at this dynamic time in the history of our library. The library is beloved in our community and is poised for timely and innovative community-centered development such as the career online high school program and possible coordination with a proposed Senior Center for Carpinteria. Librarianship fosters ideals including access to all, continuing education, social justice and intellectual freedom. I have worked in my career as a librarian, clinician and educator and in my volunteer work to support these ideals.
Most importantly I would like to use my skills to support our library and contribute to the community. I am grateful for all the ways I have benefitted from living here including the Community Garden, Community Pool, library, bike and hiking trails, Surf Camp for my grandchildren, and the Salt Marsh in my neighborhood.
I can offer experience in a broad array of tasks that may be useful in providing suggestions and recommendations to the Library Director and her staff. These include:
Grantsmanship
Developing proposals and serving as director of projects awarded.
Oregon Libraries Health Outreach Project. Funded 1998 by State of Oregon to train public librarians in the use of clinically accurate bilingual health resources on the web.
Oregon Patient Education/Community Health Project. Funded 1997 by NIH, National Library of Medicine, Pacific Northwest National Network. Training clinicians to use English and Spanish electronic resources.
Supporting Spanish-speaking communities
Designed and directed successfully funded library grant proposals to improve resources for Spanish speaking communities, migrant clinics and health providers. "Se habla espafiol? Spanish-language patient education resources hit cyberspace.
Medicine on the Net, 1998, 4:15-18.
Margaret Connors
Technology and Library Materials
Reviewed, selected, and negotiated contracts for technology, databases, and library materials and services.
Needs Assessments
Coordinated community and institutional meetings to assess needs and developed reports and plans.
An Assessment of Human Service Needs in Santa Barbara County. Santa Barbara County, 1978 [technical report, joint author]
Budgeting
Developed and monitored budgets for large and small organizations and grants. All projects and departments under budget.
Visioning/Strategic Planning/Evaluation/Reporting on library, academic and health programs and departments
Assessing and developing policies and procedures for libraries, grants, and academic programs
*********
I have not previously served on any City Commission/Committee/Board.
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE RECEIVED
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
1JUL O 8 2022
CITY OF CARPINTERIA
BOARD, COMMISSION OR COMMITTEE APPL YING FOR:
Library Advisory Commission
APPLICANT: Daisy Gemberling
Name •
Home • Address
NIA
Business Address
_
Email
(_s_) --------
Are you a resident of the City of Carpinteria?_Y........:.. es"---------------------- EXPERIENCE/BACKGROUND:
Currently Attending Cate School
Education Student Librarian at Cate School, Juicer at Pacific Health Foods, Tutor for Grade Potential, Camp Counselor at Carpinteria Arts Center & First Baptist Church
Present Occupation (Please describe any relevant past work experience.) NIA
Memberships in Organizations
Reasons why you believe you should be appointed (attach additional sheets if needed.):
During the library's renovations, I've seen how our community has stepped up with the installation of of little libraries. Walking down Linden, I never fail to stop by the tiny house full of books ( of course, only after picking some chocolate -covered honeycomb from Robitaille's) and chat with others who continued on 2nd page
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: NIA
I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so In a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED AND DATE
Signat
Rev. 06/15/22
June 28, 2022
Date
continued from I st page
are searching for a novel. Different perspectives, garnered from outside one experience, are not only beneficial to a dynamic and enterprising commission, they are required. My age allows me to connect with our younger community members and give them a voice in an institution that works to support their own education and literacy. Libraries provide everyone with access to knowledge and experiences; I hope to.collaborate and build upon the existing programs to further support young minds and voices. Having someone that children and young adults relate to drastically increases participation, while simultaneously encouraging them to seek leadership in the community and pioneer their own education. At Cate School, I've maintained a 4.0 GPA and am confident in my ability to work productively and proactively with the Board and Head Librarian. Should I join this commission, I know that I can develop reciprocal relationships with the other members by absorbing their knowledge and, in return, sharing my own. My position as a student librarian at Cate and the connections that follow, provide me with expansive knowledge of the inner workings of a library and the nuances of management. I cannot wait to see how Carpinteria grows in the coming years, and I hope to support that growth through my membership in this commission.
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE CITY OF CAPIPINTERIA
RECEIVED
UUN 2 B 2022
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
Home Address
t-J / A
Business Address I Phohe Number(s)
Are you a resident of the City of Carpinteria? __ ~..,._,. ~~~""- · _ EXPERIENCE/BACKGROUND:
~o
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: a )<..n4:<c\. ?tc.Y(~l1 I,\, ?r; ( ""'J?r e..:;, i~~ 1) ~ Do') <'th 2 OL 2 - 0 k ll\ 0., tc. Q v~ (C'.)VYim,· 5' 1.,,1.. ve ;-~- 't" 2 0 l3-- ltl - r 1 f ~,o. \-~ ,),'Tor:acc..J S c:,C.1 Jy; L 9' 76 ~, 'fa'3
I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Ec<momlc Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGN
Rev. 06/15/22
...... -· -··-··· ··--·-·····
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
REG.EIVED
•JUL 15 2022
CITY Of CAftPINTERh\
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
BOARD, COMMISSION OR COMMITTEE APPL YING FOR:
library Advisory Commission
APPLICANT:,::.A::.:. m:'.: be:::.r.:;:K::=! ap!::::la~n:,._ _ Name
Home Address Email
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria?_Yi_e_s _ EXPERIENCE/BACKGROUND:
Interdisciplinary scientist Interested in how the immune system functions during infection, autoimmunity, and cancer, Education
BA Biology College of Creative Studies, UCSB; PhD Immunology Cedars-Sinai Medical Center; Post-doctoral Fellowship UCLA Present Occupation (Please describe any relevant past work experience.) Consulting Scientist and MBA student (most recently biotech executive for past five years) Memberships in Organizations
Association for Women in Science, Graduate Women in Science, Calfomia Club Reasons why you believe you should be appointed (attach additional sheets if needed.):
The library was 1he first place I had unlimited access to knowledge as a kid growing up in semi-rural Alaska Libraries were and continue to be roundationaJ in tlell)lllg me beCOme Ille person I am today, wt1lch includes the first person In my family to go to COiiege, much loss earn graduate degrees.
I believe the fundamental mission of a library Is to make lcnowledge awilable to all and I want to be a part of that in our Garpinteria Com munity.
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: MOXI Museum Board of Directors {2021 - present), Karma Biotech Advisory Board (2020 - present), C6. \;~ ";o,. C\ "<-b l :b,,.~ U>mbl ilt-t~ NKGcn_AM>or;_(20ro--i-eus.--,.,,,,._, __ ,(202D-2021),COlegeot~SlullelHoror)'CoulCIMonC>o<i2017J. (201.1.jfr'il,,' I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for tennination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED AND DATED
()k: 15July 2022
Signature Date
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
RECEIVED
UUN 3 O 2022
CITY Of CARPINTERIA
BOARD, COMMISSION OR COMMITTEE APPL YINQ f:OR: J . , , C ac p ·, Y\ :t ev-- \°'- Cam mu.n'd·y Ldocacy .A V, sotf'y Comm I ss ,on APPLICANT: \)Q(\\ eHe MOli\\r•,~u..el'...- Oslcov--n
C.
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria? __ y_e_5 _ EXPERIENCE/BACKGROUND: ( ,_ , t ,..t.
BA Dev eto rm el'\'t(X. t rs f l-½o l D'3 y UC~ g) \ e.o..c~, V'\j Cr~~en \ \ o.l (:;du~ation 1 .J 11 ..L J .1 8 ' , _ ,_ l
Wplf~e.C,\ OLT ~a-<'elV'\\elf'CC\ C\.V'l.Gl gavq-4 anpor{'4. °f'Vi'(.I ic. L;'cvarr::
Present Occupation (Please describe anY, relevant past wok experience.) -e.. l If' €.°' 0 CC °'S \ DV\Ct l\ s u los· 'i
Reasons why you believe you ~hould be ppointed (attach additional sheets if needed.):
e. e. G\. +\-Ci C ~ e C\ \. \I\ o <' M vi . .+ t o
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on:__,."'---------------------------------
I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for tenninatlon of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED ANO DATED
~.~~~~ ~/30/2022
Signature Date
Rev. 06/15/22
Application for Carpinteria Community Library Advisory Commission I would like to serve on the Carpinteria Community Library Advisory Commission because I am interested in the future of Carpinteria. I was born and raised here and have enjoyed a wonderful life in this awesome city!
I worked at the Carpinteria Library under Grace Moyer for a short time as a clerk before moving on to the Santa Barbara Public Library and then becoming a teacher. Next to teaching, this was my favorite job! Not only did I have access to new books, I was able to socialize with Carpinterians of all ages and backgrounds.
It would be an honor to serve on this commission and offer what skills I have to complete the goals of the commission and be an asset to the community.
Danielle Manriquez-Osborn
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
RECEIVED
CITY OF CARPINTERIA
JUN 2 7 2022
SRIAN C. BARRETT
CITYClERK
BOARD, COMMISSION OR COMMITTEE APPL YING FOR:
APPLICANT:_G_a_il M_a_r_sh_a_u _
Name
Home Address
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria?_Y<_e_s _ EXPERIENCE/BACKGROUND:
Unrelated
Education
Retired small business owner and former two term Santa Barbara County Supervisor Present Occupation (Please describe any relevant past work experience.) Gray Panthers Santa Barbara Network
Memberships in Organizations
Reasons why you believe you should be appointed (attach additional sheets if needed.):
I am a long term library user, current literacy tutor, former member of the Library Ad Hoc Committee for Carpinteria, SBC Library Advisory Committee Member from Carpinteria. As a member of the Board of Supervisors I was the Board Chair for the SBC Library Advisory Commission. I have both current & past experience In funding and budgets for llbrarles. a.JorK6'( To pacs rtJefifst1r-l'X•ti:> erJsuf''(' ...r+a h/-f fqqt:/1•111 fur t0ur I, t:Jr~r'j Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: None
I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so In a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED A~ND -T- D
~--;--- 1gna-+--
ture
~~1//t~'-----
Rev. 06/15/22
l/;{ij<//4)-
Date
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
RECEIVED
UUL 1 5 2022
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
BOARD, COMMISSION OR COMMITTEE APPL YING FOR:
Carpinteria Community library Advisory Commission
APPLICANT; Viviana Morales ----------------------------------- Name Home Address
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria?_N_0 -'------------------ EXPERIENCE/BACKGROUND:
Please see resume
Education
Bachelor of Ans, UniVersily of California Berkeley
Present Occupation (Please describe any relevant past work experience.) District Representative for State Senator Monique Limon Memberships in Organizations
Board Member for Just Commullles
Reasons why you believe you should be appointed (attach additional sheets if needed.):
Please see attachment
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: Not City related, bul currently I am• on the Board for Just Communities I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED AND DATED
~W#~~
07.15.2022
Sigature Date
Rev. 06/15/22
Viviana Morales
July 15th, 2022
Dear City of Carpinteria Council,
My name is Viviana Morales and I first learned about the Library Advisory Committee position through reading the Coastal View News article. As a young professional, l have been actively seeking opportunities that allow me to serve my local community, Therefore, I am excited to submit my application for the Library Advisory Committee position. I am confident that my qualifications for this position merit your consideration.
I am a product of the public education system and while l take pride in being a Latina college graduate, I recognize that I did not get there alone. My parents, the school district, and my Carpinteria community were there along the way to support students like me that had aspirations of attending college.
Growing up, I did not have a computer at home let alone access to the internet. However, knowing that I had to complete school assignments on the computer I could always count on the library as a resource in town. From being one of the first in the library and staying until closing time during college application season, the Carpinteria Library became a second home. During the summers, I often would take SBCC Summer courses which would require video assignments, typed papers, etc. and I came to rely on Carpinteria Library staff provide support with my technology issues and affordable printing needs. I am one of the many Carpinteria students who benefited from accessible library hours and resources which paved the way for me to attend UC Berkeley as a first generation college student.
My interest of serving on the Library Advisory Committee stems from my desire to give back to my community and help serve the next generation of students, families, and community members that will continue to benefit from the library services for years to come. Whitt: I am still a young professional learning what it takes to be a leader in the community, I continuously look for opportunities that will both help me grow as a person all while giving back to a community that gave so much to me. I aspire to continue to collaborate and learn from community leaders on ways we can make our community/library that much more equitable and inclusive for all.
I look forward to the opportunity to meet with you at your convenience to discuss the possibility of being a part of the City of Carpinteria Library Advisory Committee , Thank you for your time and consideration
Sincerely, 1£-1-L
Viviana Morales
Viviana Morales
Education University of California, Berkeley
Bachelor of Am in Political Science with a Minor in Chicano Studies Yonsei University, Seoul, South Korea
Skills -Nativc Spanish Speaker -Proficienr Reading and Writing in Spanish -Constltucut Service Skills Work Experience
Office of California State Senator Monique Limon
District Representative [Santa Barbara, Ca] December 2020-Pn:senc • Composed letter- of support, crafted social media language, and deliver detailed communications both written and verbal, on behalf of the member to constituents on a multitude of topics including but not limited to Education and Health • Serve as a liai on for the Senator and provide state updates co Central Coast Immingration Network & Comm Unify • Manage and assess a high number of calls on EDD casework and other calls that require scare/county referrals • Administered SD19's Virtual internship program; delegate tasks and revise intern work produce in assisting Team Limon • Monitor the Senators social media account for any constituent comment or engagement Office of California State Assembly member Monique Lim6n Field Representeuue [Santa Barbara, Ca] June 2019-Dcccmber 2020 • Serve as liaison for the member at district events & meetings pertaining to but not limited to Youth Services and Education • Produced a database of state/county/municipal resources for undocumented residents in order co assistt staff with high-volume of calls and casework during the beginning stages of the COVID-19 pandemic • Streamlined constituent interaction in the comments section during the member's bi-monthly COV[D-19 Zoom Towhalls • Administered AD37's internship progrnm
Carp inter ia Unified School District- Canalino School
pedal Education [nstruct ion al Assistant [[/ I Carpinteria, Ca I October 2018- June 2019 • Facilitated day to day instruction in a K-2 classroom with teacher guidance for 12 students with learning disabilities • Bridged communication between special needs students and general students in day to day inclusionary times • Provided one-on-one student assistance and behavioral supporc during instruction and break times • Translated for teacher and parencs during quarterly conferences and ocher daily interactions with parents Community Based Experience
Just Communities
Board Member I Santa Barbara, Ca] December 2021-Prcsent • Provide guidance on adopting legal governance and financial management policies to help rneer j C's goal of a more equitable and inclusive Central Coast where all people arc: connected, respected, and valued University of California Berkeley Alumni Association Santa Barbara Chapter Volunteer Irueruietuer I Santa Barbara, Cal Spring 2019-Fall 2021 • Evaluated l2 Cal Alumni Association Scholarship applications per cycle and conducted individual interviews via zoom Santa Barbara Neighborhood Clinics
Voluntccrj Santa Barbara, Cal January 2021-July 2021
• Trnnslated for patients from Spanish to Engli,h n COV I D-19 vaccine sires for a period of 6.5 months • Directed foot traffic, assisted with sec up and clean up, reconciled insurance claims for patients RAZA Recruitment and Retention Center
Outreach Intern I Berkeley, Ca I January 2015-May 2018
• Spearheaded logistical support & coordination for Spring Break Outreach which aims to demystify higher education across California targeting first-generation, low income, underrepresented students • Organized and lead campus family tours and student panels in Spanish for over 1,000 students visiting the university • Translated academic workshops from English co Spanish for Latino parents attending our college informational events
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
RECEIVED
·wt.. 1 5 2022
CITY OF CARPINTERIA
BOARD, COMMISSION OR COMMITTEE APPL YING FOR:
Library Advisory Commission
APPLICANT:_K_ar_a_Pe_te_rse_n _
Name
Home Address Email
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria?_v_es _
EXPERIENCE/BACKGROUND:
I have a degree in literature, a deep love of books, and decades of community Involvement Education
BA In Comparative Literature and MA Psychology
Present Occupation (Please describe any relevant past work experience.) Psychotl1erapist, previously worked as an administrative assistant to the head of a local middle school Memberships in Organizations
CAMfT, SCBWI
Reasons why you believe you should be appointed (attach additional sheets if needed.):
Please see attached
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on:None,
I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so In a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED AND DATED
Rev. 06/15/22
Sig~
July 15, 2022
Hello!
I believe a library is place to build community, connect with one another, create joy and inspiration, care for our neighbors, and of course, find books and resources! Growing up in Carpinteria, my favorite thing to do after going to the beach, was to visit the library. I have fond memories of fiddling through stacks of books looking for summer reading that would inspire my imagination and inform me of far-off lands. As an adult, I still love to visit the library - sometimes for something specific and other times to wander around until a treasure of an unknown book finds me. I've also developed a deep appreciation of libraries as glowing beacons of hope for our democracy - a place where people from all walks of life can gather and many voices can be heard. In addition to libraries as joyful, inspiring and adventurous places, I've seen first-hand how libraries can be safe havens and provide critical resources for people during difficult times as they did for my own father when he fell on hard times.
I would be honored to serve Carpinteria on the Library's Advisory Commission. In addition to my own interests and passions for all things books, I have degrees in Comparative Literature and Psychology. I worked for nearly decade at a local middle school and was a member of the Society of Children's Book Writers and Illustrators for many years. In my many roles at Santa Barbara Middle School, I served as liaison between school administrators, teachers, librarians and the board of trustees, and am well versed in the process of working on committees. I continue to serve children and families as a psychotherapist and will bring my background and experience from the mental health field as well. It is an exciting time for the possibilities of technology, and this is another area where I can support the library, from social media to internet resources.
My professional experiences provide deep insight into the needs of children and their families.
This is a demographic and user group I will be able to help serve at the library. Though I myself am not LGBTQIA or a POC, these are communities that are near and dear to my heart. At SBMS, I was involved in the founding of the Rainbow Club to support LGBTQIA students and allies, as well as a founding member of the Diversity, Inclusion, and Equity committee. Social and Environmental Justice have been passions of mine since my parents took me to my first Save the Bluffs rally when I was in third grade. I seek meaningfully opportunities to continue these passions and would be honored to serve the Carpinteria community via the library.
Growing up with privilege, we have a responsibility to take the time and effort to listen to and amplify voices of the under-resourced. I take this responsibility seriously and joyfully and would love to carry it further at the Carpinteria Library.
Thank you for taking the time to review my application. I look forward to discussing the possibilities.
With gratitude,
Kara Petersen
Kara Petersen, MA, AMFT # 126471
mythopoetic counseling and psychotherapy to aid clients in create meaning in their life to affect change
EXPERIENCE
2200 Hours Completed
Toward Licensure
Psychotherapist, Ventura, Santa Barbara, and California July 2020 - present
Individual and family, in-person and telehealth counseling and therapy in a private practice setting. Assessment, diagnosis, treatment planning, and crisis intervention. Managing marketing, administrative, and billing tasks while building and maintaining a case load averaging 20 clients per week.
Family Service Agency, Santa Barbara, CA
July 2019 - December 2021
School-Based Counselor: Provided individual, in-person and telehealth counseling and therapy in high school setting. Screening, intake, assessment, diagnosis, treatment planning, and crisis intervention. Collaborated with principal, administration, and crisis care team for student well-being and success. Identified and provided treatment and case management for high-risk students and their families. Provided individual and group teacher, parent and admin support and psychoeducation. Wrote and facilitated "Parenting in a Pandemic" webinars on topics of mental health and anxiety. Connected with community resources for outside support and services.
Clinic Counselor Trainee; Provided individual, family, child, adolescent, adult and senior counseling. intake, treatment planning, crisis intervention, and community outreach. Transitioned to telehealth to provide continuity of care during pandemic.
Santa Barbara Unified School District, Santa Barbara, CA Educationally Related Mental Health Therapist, July 2019 - September 202 Collaborated with Special Education team for student well-being and success.
Provided mental health counseling services to students with JEPs and 504s.
Treatment planning, crisis intervention, and family support.
TRAINING
CBTelc-Play Therapy
Techniques
DBT Skills for
Adolescents
LGTBQIA + Diversity
Oaklander Play Therapy
Navigating
Conversations Around
Food, Weight, and Body
Image in Childhood and
Adolescent Populations
Suicide and Non-Suicidal
Self Injury
Teaching Yoga to Kids
Trauma Focused-CST
Wilderness EMT
MEMRERSHIPS
CAMFT
Santa Barbara Middle School, Santa Barbara, CA
Assistant to the Head of School, Health & Safety Coordinator, Outdoor Education & Electives Teacher, May 20 l 1- Sept., 2020
In-depth administrative support to head of experiential middle school. Led outdoor expeditions=mountain biking, backpacking and mountaineering in the Western United States. Coordinated student healthcare and safety on campus and during outdoor expeditions. Researched and wrote health & safety policies and practices during Covid. Created curriculum and taught life skills, journalism, fingerboarding, and yoga classes. Connected with students, teachers staff and parents for support, encouragement, education and community using empathy and humor.
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria A venue
Carpinteria, CA 93013
RECEIVED
CITY OF CARPINTERIA
JUL I 3 2022
BRIAN C. BARRETT
CITY CLERK
BOARD, COMMISSION OR COMMITTEE APPLYING FOR:
C-at!p·,/1\,:t:e..e:: a Ltb c.-.ry /-lJ.vts~,.r'/ <:!o/l(tn is< l-on APPLICANT: -/:e i.s -I:,· -11 <- CE ;i ; o c c
Nam
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria?_-'y ........ e ... ,,s:,.__ _ EXPERIENCE/BACKGROUND:
PhD Lfafllisl:i l;.it-e.";, ture...-, -au..,ffupr film n rt1J11,,ceC f ecbcce.r Education 'i7 J rr ,
J_;; te.. r1v l.(,J""(.. r u.. e
Present Occupa on (Please describe any rele anJ past work experience.) -- c.,,, .s <A.. I rah t-: . . , ----Pl e Nt I) , "- ( ¢ d- c. h .,. £. ""'r: f1 1,9 ct"b . :a u.. Hz a C' 6 t'() c o, ~ M€ ~, i. J wa,,J:> 1 i" eta fi ~., Memberships in Organizations • I
8o--arJ. Lakf V: e,.., te c"'"a.Le Im.I' rove men:f- /h;.9oc.,; Q hon, l:t"4fhor5 {au.,r/el!J li}C°::f/J,. 8•ar£ /'f\c.rrv/J-e.(I 'rPa+ Bejf. -/ee,'fS'v...-r--e.. >Set'Te..s 1'1>0-atfel..
Reasons'Jtfy you believe you should be pointed (attach aaditional lheets if needed.): > 1,,z,~a. r "iia tiemal ~e
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: 1 Mt> v < tA fe Ca cf i ri t ~ V' i a i n- J afl. cc,,,2 ri / I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for tennination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED AND DATED
~ I-~ 62. ,~
Signature
p/t" I ,9¢4-::i.
Oat 7
Rev. 06/15/22
It would be a pleasure to serve on the new Carpinteria Library Advisory Commission and to give back the enrichment that libraries have given me. From my local Encino branch where I borrowed Nancy Drew mysteries, to the downtown Los Angeles library that I haunted through high school, to the USC libraries in which I hunkered down as a college student, and the UCLA Special Collections and New York Public Library in which I researched for my Ph.D. in English Lit., libraries provided the stimulation and adventure that my curiosity, otherwise, would have sought in more destructive ways.
Public libraries create and serve the needs of an entire diverse community, and to do so they need to stay current with topical offerings and acquisitions for their particular population, as well as providing access to scholarly holdings. Given my background, I could assist in achieving those goals.
I created new curriculum when I taught in the English departments of UCLA and Indiana University, and, later for ten years, in the Masters of Professional Writing department at USC. I wrote three books never-out-of-print, each of which took me on a different kind of book tour. I have lectured at many libraries about my specialty, autobiographic writing, including for the Smithsonian. Through these opportunities I have become familiar with the process by which libraries lure authors and speakers. Today libraries are no longer just about books, though, and neither is my experience. I produced four movies-for-television for ABC, NBC and CBS, giving me the patience to take projects from conception to distribution and the collegiality to work collaboratively and creatively with others.
This year I retired to beautiful Carpinteria, and I wish to be of service. Given my lifelong enthusiasm for public libraries, I'm throwing in my hat to become a member of the Library Advisory Commission.
. CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
RECEIVED
'JUL 1 3 2022
BOARD, COMMISSION OR COMMITTEE APPL YING FOR:
Library Advisory Commission
CITY OF CARPINTERIA
APPLICANT: Pam Roberts -Na-m-e ------------------------------- Home Address Email
Business Address Phone Number(s)
Are you a resident of the City of Carpinteria?_,_ye_s _ EXPERIENCE/BACKGROUND:
health and human service casewolker@ County of Nevada CA19 years caseworker at Sierra Nevada Children's Services 6 years Education
high school diploma. general education courses at various community colleges Present Occupation (Please describe any relevant past work experience.) retired 11/17; from 1992 to 1998 maintained oommunity resource lending library at nonprofit consisting of books, videos, toys, community resources Memberships in Organizations
CalPEAS, AARP, Nevada County Kiwanis chapter
Reasons why you believe you should be appointed (attach additional sheets if needed.):
Community minded, resourceful Individual wltti time available to volunteer In this position: love to read and visit library Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: Served 7 years on Nevada County Transportation Advisory Council from 2010-2017 I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED AND DATED \)
_,-_:;..;;; Si¥
gn
~
ature c
~...;..__,;_ ~_.;__---- -
Date 1
Rev. 06/15/22
CITY OF CARPINTERIA
APPLICATION FOR APPOINTMENT
TO A CITY BOARD, COMMISSION OR
COMMITTEE
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
RECEIVED
JUN 3 0 2022
r; Ii v Of CARPINTERIA
BOARD, COMMISSION OR COMMITTEE APPL YING FOR:
LIBRARYAdvisory Board
APPLICANT: FRED SHAW ------------------------------------ Name Home Address Email
Business Address Phone Number{s)
Are you a resident of the City of Carpinteria?_Y_Es _
EXPERIENCE/BACKGROUND:
BA-CSUN; US Navy 1964-1967; US Postal Service 1962-1998 Education
Served on Carpinteria City Council x 8 yrs; Chaired Library AdHoc Committee Present Occupation {Please describe any relevant past work experience.) Carp Beautiful, Host Steering Committee, HopeNet of Carp Baord of Directors, Carp Seal Watch Steering Committee, Chamber Ambassador Memberships in Organizations
Reasons why you believe you should be appointed (attach additional sheets if needed.):
It has always been my belief that the Community Library is the most Important building in the city. When Council formed an AdHoc Committee to explore creaUng our own community library I was excited at the chance to lead it. As I was instrumental in developing our own library I would like to continue my efforts to create a library that Is a cornerstone of our city- a resource that serves the needs of our diverse community.
Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: City Council 2012-2020; Mayor 2017-2019; Mobile Home Rent Stabilization Baord 2008-2012; California League of Cities Board of Directors representing Channel Counties 2015-2019.
I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.
THIS APPLICATION MUST BE SIGNED AND D~ gfu, ,
~ura
Rev. 06/15/22
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, July 11, 2022
In-Person and Virtual
CALL TO ORDER
Mayor Nomura called the meeting to order at 4:01 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.
City Manager Durflinger requested switching the order of the two Closed Session Items.
The Council had no objections.
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.
City Council Regular Meeting Minutes
July 11, 2022
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
Mayor Nomura temporarily adjourned the meeting at 4:03 pm.
CALL TO ORDER
Mayor Nomura called the meeting to order at 5:31 pm.
ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck acting as City Attorney of the City of
Carpinteria
Brian C. Barrett, City Clerk
Michael Ramirez, Assistant City Manager
Erin Maker, Environmental Program Manager (present
via Zoom)
John L. Ilasin, Public Works Director
Steve Goggia, Community Development Director
Syndi Souter, Associate Planner
CLOSED SESSION REPORT
Legal Counsel Acos announced that there was no reportable action from either Closed Session Item.
PLEDGE OF ALLEGIANCE
Mayor Nomura led those present in the salute to the flag.
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE
City Council Regular Meeting Minutes
July 11, 2022
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
Mayor Nomura temporarily adjourned the meeting at 5:34 pm.
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Nomura reconvened the meeting at 5:44 pm.
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 passed on Mike Lazaro’s thanks to the City Council and staff, in particular, the Engineering team, the Public Works crew, and Sheriff’s Department for a successful collaboration on the Rods and Roses Car Show and Independence Day Parade.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Emails distributed: Russell Ruiz and Zuleimy Delgadillo Speakers in-person: Bob Franco and Will Carleton
Speakers via Zoom: Davis Mersereau
In response to Mr. Carleton’s comments, City Manager Durflinger acknowledged that staff would provide an update on the freeway project to the Council and Mr. Carleton.
In response to Mr. Mersereau’s comments, City Manager Durflinger stated that all written public comments are collected and provided to the Council and written comments are not read aloud. He noted that it is the Council’s discretion to acknowledge and respond to any written public comments. He brought up Mr. Mersereau’s suggestion of letting submitters of written public comment know that written comments are not read aloud.
The Council was in favor of this suggestion.
In response to Mr. Franco’s comments, City Manager Durflinger mentioned that mobile home parks are under the jurisdiction of the State Department of Housing and Community Development and the City has limited jurisdiction over development permitting.
Community Development Director Goggia identified the City has very limited comments or jurisdiction on certain matters dealing with mobile home parks.
City Council Regular Meeting Minutes
July 11, 2022
AGENDA MODIFICATIONS: NONE
CONSENT CALENDAR:
There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Alarcon, to approve the Consent Calendar Item Nos. 3 through 7. 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.
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.) Public Works Director Ilasin introduced Environmental Program Manager Maker (present via Zoom) who presented the staff report and PowerPoint presentation.
There was no public comment.
Public Works Director Ilasin corrected the presented motion in that the Agreement is for a one-year period.
City Council Regular Meeting Minutes
July 11, 2022
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to 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. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
PUBLIC HEARING:
9. 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.
Councilmember Lee identified a potential conflict of interest on Item Nos. 9 and 10 due to his family owning a restaurant in the City and recused himself and left the Council Chambers at 6:31 pm.
Community Development Director Goggia and Legal Counsel Acos presented the staff report and PowerPoint presentation.
Mayor Nomura opened the public hearing at 6:43 pm and being there was no public comment, closed the public hearing at 6:43 pm.
The Council provided the following general direction to help guide the permanent regulations:
Councilmember Alarcon said the adopted temporary ordinance was a good baseline to move forward with the permanent ordinance.
Councilmember Carty commented that what the Council selected in the urgency ordinance should be in the permanent ordinance. He was in favor of leaving the Shepherd Place Shops and Casitas Plaza out of the permanent ordinance.
Councilmember Alarcon agreed with Councilmember Carty’s comments.
City Council Regular Meeting Minutes
July 11, 2022
Councilmember Carty expressed the need for more public comment to identify what the community wants.
Mayor Nomura observed that the adjacent properties to the Shepard’s Place Shops and the Casitas Pass Plaza (e.g. McDonald’s and Arco gas station) were not excluded from the urgency ordinance and that they could potentially be exempt in the permanent ordinance.
Vice Mayor Clark agreed that the Council needed to consider what to do with the adjacent properties to the Shepard’s Place Shops and Casitas Pass Plaza. He believed that more public information on this matter is better and agreed that the urgency ordinance is a good starting point for the permanent ordinance.
Discussion ensued on using a conditional use permit to regulate a formula business.
Mayor Nomura suggested getting as much public input on this matter as it move forward.
Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, 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 with general direction as discussed at this hearing to help guide the permanent regulations. The roll call vote on the modified motion was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: Councilmember Lee (recused)
ABSTAIN: None
The motion carried.
OTHER BUSINESS:
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.
City Council Regular Meeting Minutes
July 11, 2022
Councilmember Lee continued to be absent for this item due to his recusal as noted under Item No. 9.
Legal Counsel Acos presented the staff report.
There was no public comment.
Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, 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. 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
The motion carried.
Councilmember Lee returned to the dais at 7:02 pm.
11. Acceptance of the Dune and Shoreline Management Plan.
Recommendation: Accept the Dune and Shoreline Management Plan.
Environmental Program Manager Maker presented the staff report and PowerPoint presentation.
There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Alarcon, to accept the Dune and Shoreline Management Plan.
Councilmember Lee modified the motion to accept the Draft Dune and Shoreline Management Plan and direct staff to move forward with acquiring funding for a cost benefit analysis. Councilmember Alarcon seconded the modified motion.
The roll call vote on 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
City Council Regular Meeting Minutes
July 11, 2022
The motion carried unanimously.
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.
Public Works Director Ilasin presented the staff report and PowerPoint presentation.
There was no public comment.
Motion by Councilmember Alarcon, seconded by Councilmember Carty, to 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. 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.
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.
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.
Community Development Director Goggia and Associate Planner Souter presented the staff report and PowerPoint presentation.
There was no public comment.
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to adopt Resolution No. 6147, as read by title only, adjusting the 2022 affordable housing in-lieu fees for condominiums and single-family dwellings. The roll call vote was as follows:
City Council Regular Meeting Minutes
July 11, 2022
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
LEGISLATIVE UPDATE
Councilmember Carty inquired about Carpinteria’s past Sister City. Mayor Nomura suggested establishing a new Sister City partnership. There was consensus amongst the Council to pursue a new Sister City.
Councilmember Alarcon responded to Mr. Mersereau’s general public comment from earlier in the meeting and announced that a resolution in support of women’s reproductive rights would be brought to an upcoming Council meeting.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Councilmember Alarcon asked for current vacancies on City Boards, Committees, and Commissions. City Clerk Barrett read aloud the current vacancies. Mayor Nomura asked staff to circulate the list of vacancies to the Council.
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the regular City Council meeting of July 25th.
ADJOURNMENT
Mayor Nomura adjourned the meeting at 7:49 pm.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 25, 2022
ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning July 02, 2022 and ending July 15, 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 July 02, 2022 and ending July 15, 2022.
Warrant Register
July 25, 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: 07/02/2022 - 07/15/2022
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
07/07/2022
07/07/2022
INV0003796
Vendor Name
Payable Type
JAYNE DIAZ
JAYNE DIAZ
Invoice 07/01/2022
INV0003797
LARRY DRIGGERS
LARRY DRIGGERS
Invoice
INV0003795
MARY ANN COLSON
Invoice
INV0003796
MARY ANN COLSON
JAYNE DIAZ
Invoice
INV0003797
LARRY DRIGGERS
Invoice
INV0003795
MARY ANN COLSON
Invoice
INV0003789
RON ALONZO
Invoice
INV0003798
Post Date
07/01/2022
07/01/2022
07/01/2022
07/01/2022
07/01/2022
06/30/2022
SANTA BARBARA COUNTY CLERK OF THE BOARD
Invoice 07/07/2022
22-051-1
22-051-2
ONYX PAVING COMPANY INC
Invoice
Invoice
INV0003827
SEIU LOCAL 620
Invoice
06/30/2022
07/14/2022
07/14/2022
INV0003829
INV0003818
INV0003819
INV0003820
UNITED WAY OF SANTA BARBARA COUNTY
Invoice 07/14/2022
VANTAGEPOINT TRANSFER AGENTS - 457
Invoice 07/14/2022
Invoice 07/14/2022
Invoice 07/14/2022
500605513 FY23
ASCAP
Invoice 07/14/2022
INV0003834
DAVID PERSOON
Invoice 07/14/2022
JUL22 0983
JUL22 1949
JUL22 0503
JUL22 3696
JUL22 4545
JUL22 9003
JUL22 3498
JUL22 6160
FIRST NATIONAL BANK OF OMAHA
Invoice 07/14/2022
FIRST NATIONAL BANK OF OMAHA
Invoice 07/14/2022
FIRST NATIONAL BANK OF OMAHA
Invoice 07/14/2022
FIRST NATIONAL BANK OF OMAHA
Invoice 07/14/2022
FIRST NATIONAL BANK OF OMAHA
Invoice 07/14/2022
FIRST NATIONAL BANK OF OMAHA
Invoice 07/14/2022
FIRST NATIONAL BANK OF OMAHA
Invoice 07/14/2022
FIRST NATIONAL BANK OF OMAHA
Invoice 07/14/2022
INV0003835
KYLE MILLHOLIN
Invoice 07/14/2022
INV0003799
LEILANIE SILVA CHECK
Invoice 07/14/2022
Payment Date Payment Type
Payable Description
MEDICAL REIMBURSEMENT
07/07/2022 EFT
07/07/2022 EFT
MEDICAL REIMBURSEMENT
07/07/2022 EFT
MEDICAL REIMBURSEMENT
07/07/2022
07/08/2022
MEDICAL REIMBURSEMENT
07/08/2022
MEDICAL REIMBURSEMENT
07/08/2022
MEDICAL REIMBURSEMENT
07/07/2022 Regular
FUNDS TO BE GIVEN TO V. LUMLEY
07/07/2022 Regular
CEQA NOTICE OF EXEMPTION FILING FEE
07/14/2022 Regular
22-051C 2022 PAVEMENT MAINTENANCE
22-0SlC 2022 PAVEMENT MAINTENANCE
07/14/2022
07/14/2022
07/14/2022
07/14/2022
FY22-23 LICENSE FEE
07/14/2022
FOOD FOR JG STAFF
EFT
EFT
EFT
EFT
EFT
EFT
Regular
Employee Union Dues Contribution
Regular
Employee United Way Contribution
Regular
ICMA Employee Contributions
ICMA Employee Contributions
Deferred Compensation Contribution
Regular
Regular
07/14/2022 Regular
CREDIT CARD PAYMENT-OUM
07/14/2022 Regular
CREDIT CARD PAYMENT-SG
07/14/2022 Regular
CREDIT CARD PAYMENT-MR
07/14/2022 Regular
CREDIT CARD PAYMENT-LM
07/14/2022 Regular
CREDIT CARD PAYMENT-BB
07/14/2022 Regular
CREDIT CARD PAYMENT-LH
07/14/2022 Regular
CREDIT CARD PAYMENT-JT
07/14/2022 Regular
CREDIT CARD PAYMENT-JI
07/14/2022 Regular
JR LIFEGUARD CAMPING TRIP GAS REIMBURSEMENT
07/14/2022 Regular
JUNIOR GUARDS SUPPLIES REIMBURSEMENT
Payment Amount Number
(751.22) 703
751.22 703
(751.22) 704
751.22 704
751.22 705
(751.22) 705
751.22 706
751.22 707
751.22 708
400.00 101254
50.00 101255
552,160.77 101256
212.96 101257
24.00 101258
6,968.54 101259
401.50 101260
104.95 101261
7.73 101262
314.13 101263
5,267.12 101264
814.57 101265
200.00 101266
1,022.86 101267
6,184.92 101268
1,182.55 101269
44.75 101270
313.66 101271
MATEO HANDALL 07/14/2022 Regular 30,00 101272
INV0003800 Invoice 07/14/2022 LIVESCAN/FINGERPRINTNG SERVICES SADIE MFAD 07/14/2022 Regular 44.75 101273
INV0003836 Invoice 07/14/2022 JR LIFEGUARD CAMPING TRIP GAS REIMBURSEMENT SUN COAST RENTALS 07/14/2022 Regular 2,024.00 101274
53721 Invoice 06/30/2022 SKIP LOADER RENTAL FOR HEATH RANCH ACCESS CONTROL SECURITY INC. 07/07/2022 Virtual Payment 251.25 APA000248 0046622 Invoice 06/30/2022 SECURITY FOR VETS HALL EVENT 04/02/22 All LANGUAGES INTERPRETING & TRANSLATING INC. 07/07/2022 Virtual Payment 1,780.00 APA000249 28795 Invoice 06/30/2022 2 SPANISH INTERPRETERS FOR COUNCIL 06/23/22 28844 Invoice 06/30/2022 2 SPANISH INTERPRETERS FOR COUNCIL 06/27/22 ALLIANT INSURANCE SERVICES 07/07/2022 Virtual Payment 1,650.00 APA0002SO 1973734 Invoice 07/07/2022 FY22-23 CYBER GOVERNMENT CRIME INSURANCE POLICY APWA 07/07/2022 Virtual Payment 740.00 APA000251
151557 FY23 Invoice 07/07/2022 FY22-23 MEMBERSHIP DUES
B.E.A.C.O.N. 07/07/2022 Virtual Payment 26,643.00 APA000252 23-01-0006 Invoice 07/07/2022 FY22-23 BEACON MEMBERSHIP DUES BAY ALARM 07/07/2022 Virtual Payment 186.75 APA000253
544852220615M Invoice 07/07/2022 FY22-23 REGIONAL CLIMATE COLLABORATIVE DUES BIG GREEN CLEANING COMPANY 07/07/2022 Virtual Payment 13,345.00 APA000254 597230 Invoice 06/30/2022 MAR22 CONTRACTED CLEANING SERVICE-PUBLIC RESTROOMS 603286 Invoice 06/30/2022 JUN22 CONTRACTED CLEANING SERVICE-PUBLIC RESTROOMS CALIFORNIA JPIA 07/07/2022 Virtual Payment 481,080.00 APA000255 PRIM02016 Invoice 07/07/2022 FY22-23 WORKERS COMPENSATION LIABILITY INSURANCE PROP02157 Invoice 07/07/2022 FY22-23 All RISK PROPERTY INSURANCE POLICY CIVIC PLUS 07/07/2022 Virtual Payment 350.00 APA000256
230856 Invoice 07/07/2022 FY22-23 MUNICODE ADMINISTRATIVE SUPPORT FEE CORMAC O'BRIEN DBA SOUTH COAST ANALYTICS INC 07/07/2022 Virtual Payment 2,480.00 APA000257 ~ Invoice 06/30/2022 COVID RAPID TESTING FOR CITY STAFF 06/20, 06/27 /22 COUNTY OF SANTA BARBARA COMMUNITY SERVICES DEPT 07/07/2022 Virtual Payment 250.00 APA000258 COLLAB20 Invoice 07/07/2022 FY22-23 REGIONAL CLIMATE COLLABORATIVE DUES ICMA MEMBERSHIP RENEWALS 07/07/2022 Virtual Payment 1,400.00 APA000259 391466 FY 22-23 Invoice 07/07/2022 FY22-23 ICMA MEMBERSHIP RENEWAL FEE METROPOLITAN TRANSPORTATION COMMISSION 07/07/2022 Virtual Payment 2,000.00 APA000260 4926-AR12511 Invoice 07/07/2022 FY22-23 STREETSAVER ANNUAL SUBSCRIPTION MISSION UNIFORM SERVICE 07/07/2022 Virtual Payment 1,085.60 APA000261 516816422 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 04/11/22 516859301 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 04/18/22 516902122 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 04/25/22 516945641 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 05/02/22 5169880_fil Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 05/09/22 517030636 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 05/16/22 517074642 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 05/23/22 517117221 Invoice 06/30/LUll MAT REPLACEMENT, UNIFORM CLEANING SERVICE 05/30/22 517156317 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 06/06/22 517202367 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 06/13/22 517246231 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 06/20/22 NORMAN'S NURSERY 07/07/2022 Virtual Payment 1,538.27 APA000262 803104 Invoice 06/30/2022 NEW TREES FOR ROW STREETS
SANTA BARBARA SWIM CLUB 07/07/2022 Virtual Payment 254.00 APA000263 INV0003790 Invoice 07/07/2022 SWIM ENTRY FEES 07 /01/22 SHOWSCAPES 07/07/2022 Virtual Payment 6,526.00 APA000264 38830554 Invoice 06/30/2022 FLOWER COLOR CHANGE OUT DOWNTOWN 04/01/22 388329536 Invoice 06/30/2022 IRRIGATION REPAIRS-5141 CARP AVE 05/02/22 388329538 Invoice 06/30/2022 IRRIGATION REPAIRS AT HEATH RANCH PARK 05/13/22 SO CA EDISON 07/07/2022 Virtual Payment 7,828.01 APA000265 JUN22 700201069122 Invoice 06/30/2022 ELECTRICITY-101 ASH AVE JUN22 700247140684 Invoice 06/30/2022 ELECTRICITY-1 CARPINTERIA TCl JUN22 700255596559 Invoice 06/30/2022 ELECTRICITY-100 LINDEN JUN22 700264659490 Invoice 06/30/2022 ELECTRICITY-1115 LINDEN B PED JUN22 700291369452 Invoice 06/30/2022 ELECTRICITY-MULTIPLE LOCATIONS JUN22 700465507084 Invoice 06/30/2022 ELECTRICITY-4950 9TH ST BT HM SOLID WASTE SOLUTIONS INC 07/07/2022 Virtual Payment 1,269.50 APA000266 191 Invoice 06/30/2022 ANNUAL REPORT PREP & CALRECYCLE GRANT REPORT TREESCAPES 07/07/2022 Virtual Payment 1,940.00 APA000267 388329860 Invoice 06/30/2022 TREE INJECTION TREATMENT 8TH STREET 06/24/22 388329861 Invoice 06/30/2022 OAK TREE CATERPILLAR PREVENTION TREATMENT 06/24/22 VJS BIOLOGICAL CONSULTING 07/07/2022 Virtual Payment 795.00 APA000268 INV0003791 Invoice 06/30/2022 MAY22 BIOLOGICAL SERVICES WEST COAST ARBORISTS I NC 07/07/2022 Virtual Payment 10,948.40 APA000269 187046 Invoice 06/30/2022 TREE MAINTENANCE 06/01/22-06/15/22 ACCESS CONTROL SECURITY INC. 07/14/2022 Virtual Payment 217.50 APA000270 0048086 Invoice 06/30/2022 SECURITY FOR VETS HALL EVENT 06/25/2022 ADVANTAGE TELECOM 07/14/2022 Virtual Payment 73.74 APA000271 136814 Invoice 07/14/2022 JUL22 EMERGENCY PHONE LINE SERVICES AVILA AND ASSOCIATES 07/14/2022 Virtual Payment 2,600.96 APA000272 4687 Invoice 06/30/2022 JUN22 ENGINEERING SERVICES FOR CARP CREEK LOMR BIG GREEN CLEANING COMPANY 07/14/2022 Virtual Payment 1,989.00 APA000273 602951 Invoice 06/30/2022 MAY22 CONTRACTED JANITORIAL SERVICE-ASH, 9TH & 5TH 604597 Invoice 06/30/2022 JUN22 EMERGENCY PARK AND RESTROOM CLEAN-UPS CARPINTERIA VALLEY WATER DISTRICT 07/14/2022 Virtual Payment 19,545.99 APA000274 CARP CITY JUN22 SERVICE Invoice 06/30/2022 JUN22-WATER FOR MULTIPLE ADDRESSES CCP INDUSTRIES INC 07/14/2022 Virtual Payment 238.75 APA000275 IN03008707 Invoice 06/30/2022 GRAFFITI ABATEMENT
COX BUSINESS 07/14/2022 Virtual Payment 791.91 APA000276 JUL22 001 3011 022093901 Invoice 07/14/2022 JUL22-CITY HALL TV & INTERNET SERVICES JUL22 001 3011 028030701 Invoice 07/14/2022 JUL22-POOL & GARDEN INTERNET & PHONE EDITH ESTRADA 07/14/2022 Virtual Payment 292.50 APA000277 INV0003802 Invoice 07/14/2022 VETS HALL RESERVATION AND DEPOSIT REFUND EVERYWHERE RIGHT NOW 07/14/2022 Virtual Payment 840.00 APA000278 3191 Invoice 06/30/2022 JUN22 WEBSITE PROGRAMMING FOR CITY WEBSITE FRONTIER COMMUNICATIONS 07/14/2022 Virtual Payment 153.60 APA000279 JUL22 209-188-2500-061589-5 Invoice 07/14/2022 PHONE & INTERNET SERVICES FOR LG TOWER HDL SOFTWARE LLC 07/14/2022 Virtual Payment 26,134.52 APA000280 SIN018807 Invoice 06/30/2022 NEW ACCOUNTS PROCESSED, LICENSE RENEWALS MAILED HURLEY OPTICAL 07/14/2022 Virtual Payment 505.00 APA000281 547125 Invoice 06/30/2022 SAFETY GLASSES FOR MANNY
LAE ASSOCIATES INC. 07/14/2022 Virtual Payment 460.00 APA000282 22-425 Invoice 06/30/2022 MAR-JUN22 UPDATE 5 YR CAPITAL IMPROVEMENT PROGRAM LASH CONSTRUCTION INC 07/14/2022 Virtual Payment 120,753.00 APA000283 11578-3 Invoice 06/30/2022 JUN22 CONSTRUCTION SERVICES FOR SKATEPARK LIN CONSULTING INC. 07/14/2022 Virtual Payment 11,591.87 APA000284 14747RR Invoice 06/30/2022 JUN22 DESIGN SERVICES FOR CARP X PALM AVE INTERSEC MNS ENGINEERS INC 07/14/2022 Virtual Payment 3,965.00 APA000285 80426 Invoice 06/30/2022 APR22 SURVEY FOR LINDEN/CASITAS PASS INTERCHANGE P PACIFIC AUTO BODY 07/14/2022 Virtual Payment 1,138.82 APA000286 12013460 Invoice 06/30/2022 VEHICLE MAINTENANCE FOR UNIT #250 PACIFIC MATERIALS LABORATORY 07/14/2022 Virtual Payment 1,080.00 APA000287 146213 Invoice 06/30/2022 MAY22 GEOTECHNICAL ENGINEER REVIEW FOR SK8PARK 146478 Invoice 06/30/2022 MAY22 SKATEPARK GEOTECHNICAL INVESTIGATION UPDATE 146480 Invoice 06/30/2022 JUN22 SKATEPARK FOUNDATION PLAN REVIEW PAVEMENT ENGINEERING INC 07/14/2022 Virtual Payment 955.00 APA000288 2206-068 Invoice 06/30/2022 JUN22 PAVEMENT MANAGEMENT SYSTEM UPDATE RISDON'S 76 SERVICE 07/14/2022 Virtual Payment 275.00 APA000289 1444 Invoice 06/30/2022 CAR WASH FOR CODE COMPLIANCE VEHICLE 1769 Invoice 06/30/2022 CAR WASH FOR CODE COMPLIANCE VEHICLE 6351 Invoice 06/30/2022 CAR WASH FOR CODE COMPLIANCE VEHICLE 726 Invoice 06/30/2022 CAR WASH FOR CODE COMPLIANCE VEHICLE 7319 Invoice 06/30/2022 CAR WASH FOR CODE COMPLIANCE VEHICLE 758 Invoice 06/30/2022 CAR WASH FOR CODE COMPLIANCE VEHICLE 7657 Invoice 06/30/2022 CAR WASH FOR CODE COMPLIANCE VEHICLE 8890 Invoice 06/30/2022 CAR WASH FOR CODE COMPLIANCE VEHICLE 9822 Invoice 06/30/2022 CAR WASH FOR CODE COMPLIANCE F-150 ROY HARTHORN 07/14/2022 Virtual Payment 7,208.31 APA000290 1504 Invoice 06/30/2022 JUN22 PLAN CHECK SERVICES
SB COUNTY RESOURCE RECOVERY & WASTE MGMT 07/14/2022 Virtual Payment 999.27 APA000291 6/30/22 Invoice 06/30/2022 CONTRACT SERVICES FOR FOOD RECOVERY PLAN SO CA ED ISON 07/14/2022 Virtual Paym ent 10 ,646.10 APA000292 JUN22 70023054 7624 Invoice 06/30/2022 ELECTRICITY-5103 CARPINTERIA AVE JUN22 700274833982 Invoice 06/30/2022 ELECTRICITY-901 CACTUS LN EV EV JUN22 700525378417 Invoice 06/30/2022 ELECTRICITY-931 WALNUT AVE & 4851 5TH ST JUN22 700604790697 Invoice 06/30/2022 ELECTRICITY-CAPP AV/CSTS PAS 609 MAY22 700405192484 Invoice 06/30/2022 ELECTRICITY-MULTIPLE LOCATIONS MAY22 700477662295 Invoice 06/30/2022 ELECTRICITY-901 CACTUS LN LGHT SO CAL GAS 07/14/2022 Virtual Payment 1,404.21 APA000293 JUL22 140 914 3084 4 Invoice 07/14/2022 NATURAL GAS-941 WALNUT AVE (VETS HALL) JUN22 006 514 2700 7 Invoice 06/30/2022 NATURAL GAS-5305 CARPINTERIA AVE APT B (POOL) JUN22 014 914 3239 7 Invoice 06/30/2022 NATURAL GAS-5103 CARPINTERIA AVE (FRIENDS OF LIBR) JUN22 016 913 9500 6 Invoice 06/30/2022 NATURAL GAS-5775 CARPINTERIA AVE (CITY HALL) STANTEC CONSULTING SERVICES INC 07/14/2022 Virtual Payment 11,977.50 APA000294 1905567 Invoice 06/30/2022 PROFESSIONAL SERV THRU FEB22 FOR LINDEN AVE IMPROV 1938613 Invoice 06/30/2022 PROFESSIONAL SERV THRU MAY22 FOR LINDEN AVE IMPROV 1951865 Invoice 06/30/2022 PROFESSIONAL SERV THRU JUN30 FOR LINDEN AVE IMPROV STAPLES ADVANTAGE 07/14/2022 Virtual Payment 116.05 APA000295 3510643063 Invoice 06/30/2022 11 X 17 PAPER FOR CITY HALL TKM ENGINEERING 07/14/2022 Virtual Payment 8,047.50 APA000296 1090 Invoice 06/30/2022 JUN22 6380 VIA REAL PARKING PLAN LAYOUT REVIEW 1091 Invoice 06/30/2022 JUN22 700 LINDEN PLAN SET REVIEW 1092 Invoice 06/30/2022 JUN22 PARKLET PERMIT PROGRAM SERVICES 1093 Invoice 06/30/2022 JUN22 TRAFFIC SIGNAL TIMING SERVICES 1094 Invoice 06/30/2022 JUN22 CITY TRAFFIC ENGINEERING STAFF AUGMENTATION UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA 07/14/2022 Virtual Payment 313.02 APA000297 620220154 Invoice 07/14/2022 JUL22 NEW TICKET CHARGES & DATABASE MAINTENANCE DSB20211581 Invoice 06/30/2022 JAN-JUN22 CA STATE FEE FOR REGULATORY COSTS WAXIE SANITARY SUPPLY 07/14/2022 Virtual Payment 2,717.90 APA000298 80764211 Invoice 06/30/2022 TRASH RECEPTACLES FOR VETS HALL 80817599 Invoice 06/30/2022 DOG WASTE BAGS
80903065 Invoice 06/30/2022 BLACK TRASH BAG LINERS
80903116 Invoice 06/30/2022 SPARTAN FOAMY SOAP FOR CITY HALL 80966187 Invoice 06/30/2022 BATH TISSUE FOR CITY HALL
WEST MARINE PRODUCTS INC 07/14/2022 Virtual Payment 165.64 APA000299 27281 Invoice 06/30/2022 EYE-NUT, FASTENERS FOR SWIM PLATFORMS 27447 Invoice 06/30/2022 EYE-NUT, FASTENERS FOR SWIM PLATFORMS WEX BANK (76) 07/14/2022 Virtual Payment 703.89 APA000300 82211437 Invoice 06/30/2022 JUN22 FUEL FOR CITY VEHICLES City of Carpinteria
Cour.rcrr- Acenoa Srnrr Reponr
July 25,2022
ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of June 21,2022 through July 18,2022.
STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of June 21, 2022 through July 18,2022.
DtscusstoN
The City Manager is delegated authority by the Carpinteria Municipal Code (CMC),
52.08.1508, to execute contracts on behalf of the City in the amount of $30,000 or less.
Pursuant to CMC 52.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of June 21,2022 through July 18,2022.
FINANCIAL CONSIDERATIONS
All contracts entered into are within the appropriated budgeted amounts
ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Report of Contracts Executed by City Manager
July 25,2022
Page2
Staff contact:
Brian C. Barrett, City Clerk
(805) 7 55-4403, [email protected]
Reviewed by: Dave Durflinger, City Manager
Signa
ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of June 21,2022 through July 18,2022.
VENDOR PURPOSE AMOUNT
Solid Waste Solutions, lnc. Solid Waste and Project Management Services for FY 2022-23
$25,000
Southern California Edison
Company
Charge Ready Charging lnfrastructure
and Rebate Participation Agreement
for ten charging points at Parking Lot
No. 1. SCE will fund the cost of all
electrical upgrades, ADA upgrades,
and restriping of the parking stalls.
Additionally, SCE provides a rebate for
the purchase of the electric vehicle
charqinq stations.
$725 rebate per port
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 25, 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 25, 2022
Page2
POLICY CONSISTENCY
The City is in compliance with the adopted Statement of Safekeeping and Investment of Public Funds.
FINANCIAL CONSIDERATIONS
Cash Statement: At May 31, 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
$ 19,035,129.09
4,991,998.41
(4,130,438.56)
$ 19,896,688.94
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 May 31
st the portfolio's average days to maturity was 2.00 years, the average coupon rate was 1.55%, the average yield to maturity was 2.32%, the par value was $9,513,000 and Market Value was $9,265,726.89.
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 December 1, 2022.
G:\Licette\Treasury\City Treasurer's report.docx
Monthly City Treasurer's Report
July 25, 2022
LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.
PRINCIPAL PARTIES EXPECTED AT MEETING
Unknown
ATTACHMENTS
City of Carpinteria Treasurer's Report
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Signature
G:\Licette\Treasury\City Treasurer's report.docx
City Treasurer's Report
CITY OF CARPINTERIA TREASURER'S REPORT
For the Month Ended May 2022
CASH ACTIVITY FOR THE MONTH:
Cash and Investment Beginning of the Month $ 19,035,129.09 Cash Receipts 4,991,998.41
Cash Disbursements ( 4, 130.438.56}
Cash and Investment End of the Month $ 12 826 688.24
CASH AND INVESTMENT PORTFOLIO:
Tyl!e of Investment/Coul!onlCUSIP #
Yield to Maturity # Days to
Institution/Issuer Maturity Date Maturity Par Value Market Value {l) Book Value {2) Demand Deposit - General Checking Montecito Bank NIA NIA NIA 461,883.09 461,883.09 461,883.09 Demand Deposit - Premier Public Money Market Montecito Bank NIA 6/112022 1 3,302,550.39 3,302,550.39 3,302,550.39 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 6,327.93 6,327.93 6,327.93 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 88,757.32 88,757.32 88,757.32 Demand Deposit - Money Market Charles Schwab NIA 6/112022 I 201,369.58 201,369.58 201,369.58 Local Agency Investment Fund State of California 0.22% 611/2022 I 6,400,758.59 6,400,758.59 6,400,758.59 Treasury Note, I. 75%, (912828XW5) U.S. Government 0.07% 613012022 30 177,000.00 177,110.63 176,343.17 Treasury Note, 1.875%, (9128282P4) U.S. Government 1.88% 713112022 61 177,000.00 177,221.25 176,924.33 Treasury Note, 1.625%, (9128282S8) U.S. Government 1.74% 813112022 92 168,000.00 168,157.50 167,062.69 Treasury Note, 1.875%, (9128282W9) U.S. Government 1.91% 913012022 122 165,000.00 I 65,283.59 164,718.17 Treasury Note, 2.0%, (9128283C2) U.S. Government 2.05% 10131/2022 153 179,000.00 179,363.58 178,509.11 Treasury Note, 2.0%, (912828M80) U.S Government 2.06% 1113012022 183 175,000.00 175,328.13 174,454.00 Treasury Note, 2.125%, (9 I 2828N30) U.S. Government 2.24% 1213112022 214 161,000.00 161,377.34 160,091.79 Treasury Note, 2.375%, (9128283U2) U.S. Government 2.50% 113112023 245 169,000.00 169,660.15 168,003.85 Treasury Note, 2.625%, (9128284A5) U.S. Government 2.60% 212812023 273 171,000.00 171,881.71 171,184.09 Treasury Note, 1.5%, (9 I 2828Q29) U.S. Government 1.00% 3131/2023 304 250,000.00 249,023.42 251,327.50 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.56% 313112023 304 250,000.00 249,023.43 249,843.75 Treasury Note, 2.5%, (9128284D9) U.S. Government 0.08% 313112023 304 171,000.00 171,694.69 170,243.30 Treasury Note, 0.25%, (912828ZH6) U.S. Government 1.03% 4/1512023 319 250,000.00 246,054.68 247,820.56 Treasury Note, 1.625%, (912828R69) U.S. Government 1.87% 5131/2023 365 250,000.00 248,671.88 249,268.63 Treasury Note, 2.625%, (9 I 28284Ul) U.S Government 2.84% 613012023 395 100,000.00 100,437.50 99,563.57 Treasury Note, 2.75%, (912828Y61) U.S. Government 0.06% 7131/2023 426 400,000.00 402,437.48 398,795,22 Treasury Note, 2.75%, (9128284X5) U.S. Government 0.01% 813112023 457 400,000.00 402,562.48 399,721.60 Treasury Note, 2.875%, (9128285D8) U.S. Government 0.67% 913012023 487 250,000.00 251,953.13 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 10131/2023 518 250,000.00 251,953.13 252,579.39 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 11/1512023 533 250,000.00 251,484.38 252,049.66 Treasury Note, 0.75%, (91282CDR9) U.S. Government 0.73% 12131/2023 579 250,000.00 243,671.88 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 1/31/2024 610 200,000.00 200,187.50 199,388.94 Treasury Note, 2.375%, (9128286GO) U.S. Government 0.78% 212912024 639 200,000.00 199,781.24 199,264.00 Treasury Note, 0.25%, (9 I 282CBR I) U.S. Government 2.17% 311512024 654 250,000.00 240,390.63 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 2.41% 413012024 700 250,000.00 248,789.05 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government I.II% 5131/2024 731 250,000.00 247,382.80 255,107.50 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/1512024 838 250,000.00 237,578.13 245,359.46 Treasury Note, 1.00%, (91282CDN8) U.S. Government 0.98% 12/1512024 929 250,000.00 239,804.68 250,079.39
CITY OF CAR PINT ERIA TREAS UR ER'S REPORT
For the Month Ended May 2022
Treasury Note, I. 125%, (912828ZC7) U.S. Government 1.29% 2/28/2025 1004 250,000 00 239,609.38 248,740.00 Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 3/31/2025 1035 250,000.00 249,453.13 260,224.61 Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 5/31/2025 1096 250,000.00 232,187.50 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 1126 250,000.00 231,601.55 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 1218 250,000.00 229,960 93 240,265.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 1310 250,000.00 229,492.17 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 1310 250,000.00 229,492.18 240,365.00 Treasury Note, 1.625%, (9 I 2828P46) U.S. Government 1.56% 2/15/2026 1356 250,000.00 239,53125 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 1366 250,000.00 229,531.25 242,113.19 Treasury Note, 0. 75%, (9 l 282CBT7) U.S. Government 1.28% 3/31/2026 1400 250,000.00 231,367.18 244,459.30 Treasury Note, 0. 75%, (9 l 282CCF6) U.S. Government 1.34% 5/31/2026 1461 250,000.00 230,468.75 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 1491 250,000.00 231,328.13 244,821.96 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 1644 250,000.00 233,437.50 249,602.02 19,974,646.90 19,727,373.79 19,896,688.94
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 6/01/22 through 12/01/22.
WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As of May 31, 2022 the weighted average days to maturity of the City's investment portfolio is 2.00 years.
FOOTNOTES TO REPORT/DEFINITION OF TERMS:
(I) 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 of all its remaining coupon payments.
Par Value: Equals face value of security (value of the security when it reaches maturity).
Market Value: The last price for which a security was bought or sold. In this case, the value as of the last day of the month of this report.
Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting purposes).
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 25, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6149, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.
STAFF RECOMMENDATION
Adopt Resolution No. 6149, authorizing continued remote teleconference meetings of the City Council and Boards, Committees, and Commissions for a period of 30 days.
Sample Motion: I move to adopt Resolution No. 6149, as read by title only.
BACKGROUND
From the onset of the COVID-19 pandemic in March 2020 through June 2021, the City Council and subordinate boards, committees, and commissions held their respective meetings solely by remote teleconference (i.e. Zoom webinar/meeting) under the Governor's Executive Orders N-29-20 and N-08-21. Since July 2021, hybrid meetings have been held, where the public may participate in person or virtually.
On September 16, 2021, the Governor signed into law Assembly Bill 361 (AB 361 ), which allows public agencies to continue using teleconferencing without complying with certain Brown Act provisions. The Brown Act ordinarily requires, among other things, that public officials attending a meeting virtually to post the agenda in the location they are participating from; allow members of the public to attend the meeting from that space; identify in the notice and agenda for the meeting each teleconference location; and at least a quorum of the legislative body must participate from locations within the City.
The purpose of this agenda matter is for the Council to consider making certain findings necessary in order to authorize continued teleconferenced meetings of the City Council and Boards, Committees, and Commissions.
AB 361 Findings - Remote Teleconference Meetings
July 25, 2022
DISCUSSION
Under AB 361, the City may employ teleconferencing as long as there is a gubernatorial "proclaimed state of emergency," and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
In addition, every 30 days, the City Council must make the following findings by majority vote in order to continue the teleconferencing option: (1) the agency has reconsidered the circumstances of the state of emergency; and (2) it either continues to directly impact the ability of members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing.
With the case positivity rate rising during the past month, staff recommends the Council reconsider the safety and procedural issues involved in holding teleconferenced meetings pursuant to AB 361 and adopt Resolution 6149 authorizing virtual or hybrid attendance of meetings through August 25, 2022.
As of July 7, 2022, the community risk level in the county is ranked as "medium," as defined by the Centers of Disease Control and Prevention. The total number of new weekly reported cases per 100,000 people in the county on July 7, 2022 is 315.79, compared to 200.7 on June 22, 2022. The Santa Barbara County Public Health Department recommends utilizing teleconferencing options for public meetings as an effective social distancing measure to facilitate participation in public affairs and encourages participants to protect themselves and others from the COVID-19 disease.
AB 361, which amended Government Code Section 54953, will sunset on January 1, 2024. This is subject to change if the Legislature and Governor elect to extend the sunset date or make the provisions permanent.
The City Council adopted Resolution No. 6142 on June 27, 2022, finding the requisite conditions exist for the council and subordinate boards, committees and commissions to conduct teleconferenced meetings under California Government Code Section 54953(e).
City staff recommends the City Council adopt the attached Resolution to authorize the continued use of remote teleconference meetings of the City Council and Boards, Committees, and Commissions.
POLICY CONSISTENCY
Review of this matter and direction to staff would align with the City's strategic goal of good governance.
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\07-25-22\AB 361 Findings\Remote Meetings SR.docx AB 361 Findings - Remote Teleconference Meetings
July 25, 2022
FINANCIAL CONSIDERATIONS
The City has established a business Zoom account for the use of remote teleconferencing of public meetings and the cost is already included in the current fiscal year budget.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Failing to adopt Resolution No. 6149 would require meetings to continue to be held fully in person under traditional Brown Act parameters; adopting the resolution would give the City flexibility as it moves forward with meetings over the next 30 days.
OPTIONS
1. Adopt Resolution No. 6149, authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions.
2. Decline to adopt Resolution No. 6149 and switch to fully in-person meetings under traditional Brown Act rules.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
ATTACHMENTS
Attachment A: Resolution No. 6149
Staff contact: Brian C. Barrett, City Clerk
(805) 7554403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\07-25-22\AB 361 Findings\Remote Meetings SR.docx AB 361 Findings - Remote Teleconference Meetings
July 25, 2022
Page4
ATTACHMENT A
Resolution No. 6149
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\07-25-22\AB 361 Findings\Remote Meetings SR.docx RESOLUTION NO. 6149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA RENEWING AUTHORIZATION FOR CONTINUED
TELECONFERENCE MEETINGS
WHEREAS, the City of Carpinteria is committed to preserving and nurturing public access and participation in meetings of the City Council; and WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of State of Emergency in response to the COVID-19 pandemic, which Proclamation remains in effect; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N29-20, modifying the teleconferencing rules set forth in the Brown Act, Government Code Sections 54950 et. seq., subject to compliance with certain requirements; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, providing that the modifications to the teleconferencing rules under the Brown Act would remain in place through September 30, 2021; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361), which modified the Brown Act to provide that a legislative body may continue to meet under modified teleconferencing rules if the meeting occurs during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, COVID-19 continues to threaten the health and lives of Carpinteria residents notwithstanding the County's vaccination rates, with Santa Barbara County considered to have medium community risk level as of June 22, 2022 according to the Centers for Disease Control and Prevention; and
WHEREAS, on September 28, 2021, the Santa Barbara County Public Health Department recommended utilizing teleconferencing options for public meetings as an effective social distancing measure as set forth in a document entitled "Health Officials AB 361 Social Distance Recommendation", attached hereto as Exhibit 1 and incorporated herein; and
Resolution No. 6149
WHEREAS, on June 27, 2022 the City Council adopted Resolution No. 6142, authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions; and
'
WHEREAS, in the interest of public health and safety, and in response to the local recommendation for measures to promote social distancing, the City Council finds it necessary to invoke the provisions of Government Code Section 54953 related to teleconferencing; and
WHEREAS, the City Council has reconsidered the circumstances of the State of Emergency declared by Governor Newsom and finds that the State of Emergency still warrants the option of teleconferencing for the City Council and Boards, Committees, and Commissions.
WHEREAS, The State of Emergency continues to directly impact the ability of City official and the public to meet safely in person, in part due to compact City Council chambers that limit the available space for effective social distancing.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct and are adopted as findings in support of this Resolution.
SECTION 2. Based on current conditions that are the basis for the above findings, conduct of all meetings of the City Council, City Council Committees, and City Boards, Commissions, and Committees pursuant to the modified teleconference procedures of Government Code Section 54953, is authorized.
SECTION 3. Staff is directed to return to the City Council no later than thirty (30) days after the adoption of this Resolution, or at the next meeting of the City Council if later than thirty (30) days after the adoption of this Resolution, for the City Council to reconsider whether to again make the findings required to meet under the modified teleconference procedures of Government Code Section 54953.
SECTION 4. This resolution shall be effective immediately upon adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED on the 25th day of July, 2022, by the following vote:
AYES: COUNCILMEMBER(S):
Resolution No. 6149
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMG, 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 25, 2022.
Brian C. Barrett, CMG, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Resolution No. 6149
EXHIBIT 1 TO RESOLUTION NO. 6149
Santa Barbara County
Pu_~_ucHealth
DEPARTMENT
Public Health Administration
300 North San Antonio Road • Santa Barbara, CA 93110-1316 805/681-5100 • FAX 805/681-5191
Van Do-Reynoso, MPH, PhD Director
Suzanne Jacobson, CPA Chief Financial Officer
Paige Batson, MA, PHN, RN Deputy Director
Darrin Eisenbarth Deputy Director
Dana Gamble, LCSW Interim Deputy Director
Polly Baldwin, MD, MPH Med/ca/ Director
Henning Ansorg, MD Health Officer
HEALTH OFFICIALS AB 361 SOCIAL DISTANCE RECOMMENDATION
Issued: September 28, 2021
COVID-19 disease prevention measures, endorsed by the Centers for Disease Control and Prevention, include vaccinations, facial coverings, increased indoor ventilation, handwashing, and physical distancing (particularly indoors).
Since March 2020, local legislative bodies-such as commissions, committees, boards, and councils- have successfully held public meetings with teleconferencing as authorized by Executive Orders issued by the Governor. Using technology to allow for virtual participation in public meetings is a social distancing measure that may help control transmission of the SARSCo V-2 virus. Public meetings bring together many individuals (both vaccinated and potentially unvaccinated), from multiple households, in a single indoor space for an extended time. For those at increased risk for infection, or subject to an isolation or quarantine order, teleconferencing allows for full participation in public meetings, while protecting themselves and others from the COVID-19 virus.
Utilizing teleconferencing options for public meetings is an effective and recommended social distancing measure to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 disease. This recommendation is further intended to satisfy the requirement of the Brown Act (specifically Gov't Code Section 54953( e )(1 )(A)), which allows local legislative bodies in the County of Santa Barbara to use certain available teleconferencing options set forth in the Brown Act.
Van~hD
Public Health Director
County of Santa Barbara
Healthy people, healthy community, healthy environment.
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 25, 2022
ITEM FOR COUNCIL CONSIDERATION
Designation of Voting Delegate and Alternate for the League of California Cities Annual Conference
STAFF RECOMMENDATION
Designate Mayor Nomura as the City's voting delegate and, if applicable, designate Councilmember(s) as the City's alternate voting delegate(s) for the League of California Cities 2022 Annual Conference and Expo in Long Beach.
Sample Motion: I move to designate Mayor Nomura as the City's voting delegate and, if applicable, designate as the City's alternate voting delegate(s) for the League of California Cities 2022 Annual Conference and Expo in Long Beach.
BACKGROUND/DISCUSSION
The League of California Cities Annual Conference and Expo is scheduled for September 7 - 9 in Long Beach. An important part of the Annual Conference is the Annual General Session, scheduled for Friday, September 9 at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy.
In order to vote at the League's Annual General Session, the City Council must designate a voting delegate. In the event that the designated voting delegate is unable to serve in that capacity, the City may appoint up to two alternate voting delegates.
As of the writing of this report, Mayor Nomura (the City's representative to the Channel Counties Division of the League) is the only Councilmember planning to attend the Annual Conference this year. Should another Councilmember(s) wish to attend the Annual Conference, the Council may select up to two alternate voting delegates at its meeting of July 25, 2022.
League Voting Delegate 2022
July 25, 2022
For the fiscal year 2022-2023, the City Council Meetings and Travel Budget allocation is $3,000 which is currently available to spend.
ATTACHMENTS
A. League of California Cities Letter, Voting Procedures and Delegate Form Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400; [email protected]
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G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022107-25-22\Designation of League Delegates\Staff Report - League Voting Delegate 2022.docx
League Voting Delegate 2022
July 25, 2022
ATTACHMENT A
League of California Cities Letter, Voting Procedures and Delegate Form G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\07-25-22\Designation of League Delegates\Staff Report - League Voting Delegate 2022.docx
League Voting Delegate 2022
July 25, 2022
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G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\07-25-22\Designation of League Delegates\Staff Report - League Voting Delegate 2022.docx
LEAGUE OF
CALIFORNIA
CITIES
Council Action Advised by August 31, 2022
RECEIVED
UUN o 9 2022
DATE: June 1, 2022
TO: City Managers and City Clerks
CITY OF CARPINTERIA
I
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo - September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.
Please view Cal Cities' event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council.
When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
LEAGUE OF
CALIFORNIA
CITIES
:'. ·.; '·._.,I • Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. - 6:00 p.m.; Thursday, September 8, 7:00 a.m. - 4:00 p.m.; and Friday, September 9, 7:30 a.m.-12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
' l 400 K Street, Suite 400, Sacramento, CA 958 l 4 • 91 6.658.8200 • calcities.org f ' ~ • ,
LEAGUE OF
CALIFORNIA
CITIES
Annual Conference Voting Procedures
l. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee ..
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
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LEAGUE OF
CALIFORNIA
CITIES II CITY _
II
2022 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name: _
Title: _
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: -------------
Title: --------------
Name: ------------
Title: -------------
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). -
Name: Email _
Mayor or City Clerk Date Phone _
(circle one) (signature)
Please complete and return by Friday, September 2, 2022 to:
Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 25, 2022
ITEM FOR COUNCIL CONSIDERATION
Cancellation of the regular City Council meeting of August 22, 2022.
STAFF RECOMMENDATION
Authorize the cancellation of the August 22, 2022 City Council meeting.
Sample Motion: I move to authorize the cancellation of the August 22, 2022 City Council meeting.
BACKGROUND
The City Council holds its regular meeting on the second and fourth Mondays of every month. The City Council has the authority to establish meeting dates and times and to reschedule or cancel such meetings with proper and timely public notice. Traditionally, the City Council has cancelled one meeting in July or August due to a light agenda and/or vacation schedules.
The purpose of this agenda matter is to allow the City Council an opportunity to discuss and act on the cancellation of its meeting of August 22, 2022.
DISCUSSION
Cancelling the meeting date will require posting and noticing. Such a change is not significant as long as the decision to cancel is done well in advance. This will allow proper noticing.
Staff has considered the upcoming schedule of items for the agenda and at this time there are rio issues that would be negatively impacted by the cancellation of the meeting. As City Council Meeting Cancellation
July 25, 2022
always, should an immediate need arise for the Council to consider and/or take action on a matter, a special meeting could be scheduled.
LEGAL
Should the City Council cancel the scheduled meeting, staff will ensure that the required posting and proper noticing are met.
OPTIONS
1. Authorize the cancellation of the August 22, 2022 City Council meeting.
2. Decline to cancel the August 22, 2022 Council meeting and direct staff as appropriate.
ATTACHMENTS
There are no attachments.
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400; [email protected]
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G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\07-25-22\Cancel August 22 Council Meeting\Staff Rpt - CC Meeting Cancellation 08-22-22.docx
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 25, 2022
ITEM FOR COUNCIL CONSIDERATION
Annual Review of Fire Protection Mitigation Fee Program and Approval of an Adjustment in the Fee Amount.
STAFF RECOMMENDATION
Approve and Adopt Resolution No. 6150, Updating the Fire Protection Mitigation Fee Schedule for Development, and Approving and Accepting the Carpinteria-Summerland Fire Protection District's Annual Report.
Sample Motion: I move to adopt Resolution No. 6150, as read by title only.
BACKGROUND
In 1990 the State Legislature passed into law the Mitigation Fee Act (AB 1600) that established California Government Code Section 66000 et. seq. The City of Carpinteria and the County of Santa Barbara adopted ordinances imposing Fire Protection Fees on any new development within the City and County respectively. The mitigation fees are collected by the City and County for the benefit of the Carpinteria-Summerland Fire Protection District (District). The City ordinance is codified in Chapter 8.26 of the Carpinteria Municipal Code. The County ordinance is codified in Chapter 15, Article IIIA of County Code. Each year the City and County are required to receive and review an Annual Report provided by the District. The Annual Review includes a District Development Impact Fee (DIF) fund description, DIF Fee Schedule, a Master Facilities Plan and the current fee ledger. By adopting the attached Resolution, the City and County may adjust the Fee Schedule on behalf of the District.
On July 26, 2021, the City Council approved and adopted Resolution No. 6065, adopting the Fire Protection Mitigation Fee Schedule for Development and approving the Carpinteria-Summerland Fire Protection District's Annual Report. The adoption of the resolution served as the required Annual Review of the District's DIF Program.
Development of land within the District continues to occur and creates an inherent demand for fire protection service from the District. On June 1, 2022, the City of Carpinteria requested from the District the attached Annual Report, updated Master Facilities Plan and DIF schedule. The District approved the Annual Report and updated (increased) the fire Annual Review of Fire DIF
July 25, 2022
protection mitigation fees at its board meeting on July 6, 2022. This report serves as the Annual Report for the Fire DIF Program and the adoption by the City Council of Resolution No. 6150, will also approve adjustments/increases in the fees.
DISCUSSION
Fire Protection Mitigation Fees, or Fire DIFs, have been established through Carpinteria Municipal Code Chapter 8.26 to assist the Carpinteria-Summerland Fire Protection District (District) in responding to increased service demands caused by continued land development. The District secured the services of Revenue and Cost Specialists, LLC to assist in the production of a report entitled, "Development Impact Fee Calculation and Nexus Report and Master Facilities Plan for the Carpinteria-Summerland Fire Protection District, Update - August 10, 2016." The report serves as an updated Master Facilities Plan, nexus study, and proposed fee schedule.
Table 1 below shows the current Fee Schedule adopted by the City Council on July 26, 2021 and the proposed Fee Schedule with adjustments supported by the attached Annual Report provided by the District. The fire protection mitigation fees are adjusted on July 1 st
of each fiscal year by a percentage equal to the Construction Cost Index as published by "Engineering News Record" for the preceding twelve months as required by Carpinteria Municipal Code Section 8.26.040.
Table 1
Fire Protection Development Impact Fee Schedule
(Current and Proposed)
Type of Development 2021-2022 Fees (Current) 2022-2023 Fees (Proposed) Estate Residential Dwellinq $2,098.07 First 2,700 Sq. Ft. (1) $2,265.92 First 2,700 Sq. Ft. (2) Detached Residential Dwellings $2,141.30 Per Unit $2,312.60 Per Unit Attached Multiple Residential $1,856.26 Per Unit $2,004.76 Per Unit ADU < 750 Sq. Ft. $0.00 (3) $0.00 (3)
ADU ~ 750 Sq. Ft. $0.482 Per Sq. Ft. of primary $0.521 Per Sq. Ft. of primary dwellinq (3) owellinq (3)
Mobile Homes $3,815.33 Per Unit $4,120.56 Per Unit
Senior Assisted Living Units $2,665.82 Per Unit $2,879.09 Per Unit Commercial Lodging $1,802.52 Per Unit $1,946.72 Per Unit Retail/Service/Office Uses $4.030 Per Sq. Ft. $4.35 Per Sq. Ft.
Industrial/Manufacturing Uses $0.496 Per Sq. Ft. $0.536 Per Sq. Ft.
Institutional Uses $0.285 Per Sq. Ft. $0.308 Per Sq. Ft.
Notes: (1) Plus $0.482/Square Foot beyond 2,700 Square Feet (2) Plus $0.521/Square Foot beyond 2,700 Square Feet
(3) Fees per 2019 AB 68, AB 881 and SB 13; Government Code Section 65852.2 Source: Development Impact Fee Calculation and Nexus Report and Master Facilities Plan for the CarpinteriaSummerland Fire District. August 10, 2016 Annual Review of Fire DIF
July 25, 2022
POLICY CONSISTENCY
This item is consistent with AB 1600 (Mitigation Fee Act), codified as Government Code Sections 66000 - 66025 and the City's Municipal Code, in particular, Chapter 8.26. This item is also consistent with policies PF-5b and PF-5c of the General Plan/Local Coastal Plan regarding new development paying its fair share of the cost of needed pubic facilities and services and ensuring that new development will not adversely impact services and facilities provided to existing development.
FINANCIAL CONSIDERATIONS
Collection of Development Impact Fees provide a portion of the revenue necessary for the Carpinteria-Summerland Fire Protection District to fund equipment acquisitions and construct facilities as outlined in the District's Facilities Master Plan. DIFs are adjusted automatically on an annual basis on July 1st of each year in accordance with Carpinteria Municipal Code Section 8.26.040, using the Construction Cost Index percentage for the preceding twelve months as listed in the "Engineering News Record" which was 8% for FY 2022-23. Table 2, below, shows three examples of estimated mitigation fee payments.
Table 2
Fire Protection Development Impact Fee Comparison
2021-2022 Fee 2022-2023
Proposed Development Units/Size (Current) (Proposed Fee) Example Residential Projects
Residential 1 Unit $2,098.07 $2,265.92
Multifamily 2 Units $4,196.14 $4,531.84
Commercial 6,668 Sq. Ft. $26,872.04 $29,005.80
Residential 6 units $12,588.42 $13,595.52
Multifamily 23 units $42,693.98 $46,109.48
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed this report and the attached Resolution No. 6150. Notice of this Public Hearing appeared in The Coastal View Newspaper on July 14 and 21, 2022. On February 10, 2004, the City of Carpinteria and the Carpinteria-Summerland Fire Protection District executed an indemnification and hold harmless agreement. The purpose of the agreement was for the District to indemnify and hold harmless the City and City agents, officers and employees from claims related to the imposition, administration and collection of the District's DIFs. This agreement continues to be in effect.
OPTIONS
1. Approve and adopt Resolution No. 6150, updating the Fire Protection Mitigation Fee Schedule for Development, and approving and accepting the CarpinteriaSummerland Fire Protection District's Annual Report.
2. Direct staff to amend Resolution No. 6150, as determined appropriate and adopt the Resolution as amended.
Annual Review of Fire DIF
July 25, 2022
3. Decline to adopt Resolution No. 6150, keeping the current Fire DIF fee structure in place.
PRINCIPAL PARTIES EXPECTED AT MEETING
Greg Fish, Carpinteria-Summerland Fire Protection District Fire Chief and/or Mike LoMonaco, Carpinteria-Summerland Fire Protection District Fire Marshall.
ATTACHMENTS
Attachment A:
Attachment B:
Carpinteria-Summerland Fire Protection District Annual Report Resolution No. 6150
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400; [email protected]
ATTACHMENT A
Carpinteria-Summerland Fire Protection District Annual Report
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CARPINTERIA-SUMMERLAND
FIRE PROTECTION DISTRICT
STAFF REPORT
To:
From:
By:
Date:
Topic:
Carpinteria-Summerland Fire Protection District Board of Directors Greg Fish, Fire Chief
Michael LoMonaco, Fire Marshal
June 29, 2022
Annual Review of Fire Protection Mitigation Fees
Summary
AB 1600, passed into law in 1989, allows for government agencies to impose Development Impact Fees (DIF).
The law was codified in Government Code section 66000 et seq., also referred to as the Mitigation Fee Act.
Development Impact Fees or Mitigation Fees are intended to assist local fire agencies in delivering the increasing service demand caused by additional development. In 2003, the City of Carpinteria and the County of Santa Barbara adopted ordinances imposing fire protection mitigation fees on any new development within the Carpinteria-Summerland Fire Protection District. The City's ordinance is codified in Chapter 8.26 of the Carpinteria Municipal Code. The County ordinance is codified in Chapter 15, Article IIIA, of the County Code.
AB 1600 requires that projects to be financed with DIF must be identified in a Master Facilities Plan.
Periodic review and adjustment to the DIF ensures that the District collects sufficient funds to construct and purchase additional facilities and equipment to serve new residential and commercial development.
Discussion
Government Code Section 66002 requires that an annual report be prepared that reviews the District's Master Facilities Plan and the estimated costs for constructing public facilities. The estimated costs for construction are adjusted each year by the Engineering News Record Construction Cost Index, which was 8.0 % for FY 2021-2022. In accordance with Carpinteria Municipal Code 8.26.040 and Santa Barbara County Code 15-67 the fees are automatically adjusted.
During FY 2021-2022, fund revenue was $69,319.02 due to various new estate and ocean front developments; interest generated was $2,080.14. Total expenditures during this period were $12,771.84. The ending fund balance was $469,466.71.
Conclusion
Approve the 2022 Annual Review of the Fire Protection Mitigation Fees and direct the Fire Chief to forward the report to the Santa Barbara County and Carpinteria City as required by County Code Section 15-67 (a) and Municipal Code Section 8.26.040.
Financial Impact
The proposed fees account for an 8.0% increase of 2021 amounts.
Attachments
Exhibit A- Development Impact Fees
Exhibit B - CSFPD Fund 3633 Balance
EXHIBIT A DEVELOPMENT IMPACT FEES
Current Fees
2021-2022 Fire Protection Development Impact Fee Schedule Type of Development
Estate Residential Dwelling $2,098.07 First 2,700 Sq. Ft. (1) Detached Residential Dwellings $2,141.3 Per Unit
Attached Multiple Residential $1,856.26 Per Unit
ADU<750 Sq. Ft. $0.00 (2)
ADU~750 Sq. Ft. $0.482 Per Sq. Ft. of primary dwelling (2) Mobile Homes $3,815.33 Per Unit
Senior Assisted Living Units $2,665.82 Per Unit
Commercial Lodging $1,802.52 Per Unit
Retail/Service/Office Uses $4.03 Per Sq. Ft.
Industrial/Manufacturing Uses $0.496 Per Sq. Ft.
Institutional Uses $0.285 Per Sq. Ft.
Notes: {1) Plus $0.482/Sq. Ft. Beyond 2,700 Sq. Ft.
(2) Fees per 2019 AB 68, AB 881 and SB 13; Government Code Section 65852.2 Source: Carpinteria-Summerland Fire Protection District-Development Impact Fees Nexus Calculation Report and Revised Master Facilities Plan, February 2009 Engineering News Record Construction Cost Index 2020-2021 2.1 % Fee schedule effective July 1, 2022
2022-2023 Fire Protection Development Impact Fee Schedule Type of Development
Estate Residential Dwelling $2,265.92 First 2,700 Sq. Ft. (1) Detached Residential Dwellings $2,312.60 Per Unit
Attached Multiple Residential $2,004.76 Per Unit
ADU< 750 Sq. Ft. $0.00 (2)
ADU ~ 750 Sq. Ft. $0.521 Per Sq. Ft. of primary dwelling (2) Mobile Homes $4,120.56 Per Unit
Senior Assisted Living Units $2,879.09 Per Unit
Commercial Lodging $1,946.72 Per Unit
Retail/Service/Office Uses $4.35 Per Sq. Ft.
Industrial/Manufacturing Uses $0.536 Per Sq. Ft.
Institutional Uses $0.308 Per Sq. Ft.
Notes: (1) Plus $0.521/Sq. Ft. Beyond 2,700 Sq. Ft.
(2) Fees per 2019 AB 68, AB 881 and SB 13; Government Code Section 65852.2 Source: Carpinteria-Summerland Fire Protection District-Development Impact Fees Nexus Calculation Report and Revised Master Facilities Plan, February 2009 Engineering News Record Construction Cost Index 2021-2022 8.0% 2 EXHIBIT B Carpinteria Summerland FPD Fund 3633
Fire Protection District Development Impact Fees - Ledger FY 2020-/2021 * Ledger@
July 1, 2020 Credits Interest Debits
Ledger@
June 30, 2021
Fund 3633
Fire Protection
Capital
Improvements
$419,835.56 $40,015.61 $2,713.99 $0.00 $469,466.71
* Final Audited Numbers
Fire Protection District Development Impact Fees - Ledger FY 2021-/2022** Ledger@
July 1,2021 Credits Interest Debits
ledger@
June 30, 2022
Fund 3633
Fire Protection
Capital
Improvements
$469,466.71 $69,319.02 $2,080.14 $12,771.84 $528,094.03 ** Totals are unaudited and require review before the final report is complete. 3 ATTACHMENT B
Resolution No. 6150
Annual Review of Fire DIF
July 25, 2022
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RESOLUTION NO. 6150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA UPDATING THE FIRE PROTECTION
MITIGATION FEE SCHEDULE FOR DEVELOPMENT AND
APPROVING AND ACCEPTING THE CARPINTERIASUMMERLAND FIRE PROTECTION DISTRICT'S ANNUAL REPORT
WHEREAS, on March 22, 2004, the City Council of the City of Carpinteria, California ("City") adopted Ordinance 599, creating and establishing the authority for imposing and charging a fire protection mitigation fee, as codified in Carpinteria Municipal Code Chapter 8.26, and Resolution No. 4857 which established the level of Fire Protection Mitigation Fees; and WHEREAS, The Carpinteria-Summerland Fire Protection District (District) has prepared an analysis of the need for new facilities and improvements required, in the form of a revised 2008 Master Facilities Plan, which sets forth the relationship between new development, the needed facilities, and their cost estimates; and
WHEREAS, on September 12, 2016, the City Council of the City of Carpinteria, California received and considered a Report by Revenue and Cost Specialists, LLC, dated August 10, 2016, which analyzes the impacts of future development on the District's fire protection facilities and improvements; and WHEREAS, by Resolution No. 6065, adopted July 26, 2021, the City Council last approved the District's Annual Report and adjusted Fire Protection Mitigation Fee Schedule for Development; and
WHEREAS, Carpinteria Municipal Code Section 8.26.050 allows the Fire Protection Mitigation Fee to be set and revised periodically by resolution of the City Council, with Ordinance 599 being considered as enabling and directive in this regard; and
WHEREAS, the updated Report and all documents filed with the City Clerk were available for public review on July 8, 2022 and a notice of hearing was published on July 14, 2022 and July 21, 2022 in a newspaper of general circulation within the jurisdiction of the City of Carpinteria.
NOW, THEREFORE, BE IT RESOLVED as follows:
Resolution No. 6150
SECTION 1.
The City Council finds that new development in the City will generate additional demands on fire protection facilities serving the City and will contribute to the impact upon such facilities.
SECTION 2.
The City Council finds the cost estimates set forth in the District's Master Facilities Plan are reasonable cost estimates for the public facilities contained in said Plan and determines that there is a continued need for these improvements and that the improvements are consistent with objectives and policies described in the City's General/Local Coastal Land Use Plan and Environmental Impact Report, Fire Hazard, Objective S-5.
SECTION 3.
The City Council finds that the fees expected to be generated by new development will not exceed the costs for construction of fire protection facilities and improvements set forth in the Master Facilities Plan.
SECTION 4.
The City Council finds as follows:
a. The purpose of the fees is to finance the acquisition and construction of certain fire protection capital improvements, including structures, fire apparatus, and fire equipment. b. The use to which the fees are to be put is to finance the acquisition and construction of certain fire protection capital improvements, including structures, fire apparatus, and fire equipment. c. The City Council finds that there is a reasonable relationship between the need for the public facilities for which fees are collected and the type of development project on which the fee is imposed, as more particularly described in Exhibit's 1, 2, 3, and 4. d. The City Council finds that there is a reasonable relationship between the use of the fees and the type of development project on which the fee is imposed, as more particularly described in Exhibit's 1, 2, 3, and 4.
Resolution No. 6150
SECTION 5.
The City Council approves the District's adopted Master Facilities Plan as shown in Exhibit 3.
SECTION 6.
The City Council approves the District's Fire Protection Development Impact Fee Schedule as shown in Exhibit 2.
SECTION 7.
As to funds on deposit in the Fire Mitigation Fees Fund, the City council finds as follows:
a. The purpose of the Fire Mitigation Fees is to finance necessary District infrastructure as detailed further in Exhibit 3.
b. A reasonable relationship between the Mitigation Fee and its purpose exists, in that the District nexus calculation report demonstrates that the fee assessed to new development is in proportion to such development's impacts on necessary District infrastructure. c. The sources and amounts of funding anticipated to complete financing for the Master Facilities identified in the District's Master Facilities Plan are identified as shown in Exhibit 3.
d. All projects on the District's Master Facilities Plan are expected to be completed with development fees, when sufficient funds are collected within the 20-year span of the plan, as shown on Exhibit 3.
PASSED, APPROVED AND ADOPTED on July 25, 2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
Resolution No. 6150
ATTEST:
Brian C. Barrett, CMG, 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 25, 2022.
Brian C. Barrett, CMG, 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
EXHIBIT 1 TO RESOLUTION NO. 6150
FUND DESCRIPTION
Master Facilities Plan : Fees collected for the actual and estimated costs to acquire certain fire protection capital improvements, including structures, fire apparatus and fire equipment.
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EXHIBIT 2 TO RESOLUTION NO. 6150
FEE SCHEDULE
2022-23 Adopted Fire Protection Development Impact Fee Schedule Type of Development Fee
Estate Residential Dwelling $2,265.92 First 2,700 Sq. Ft. (1) Detached Residential Dwellings $2,312.60 Per Unit
Attached Multiple Residential $2,004.76 Per Unit
ADU < 750 Sq. Ft. $0.00 (2)
ADU ~ 750 Sq. Ft. $0.521 Per Sq. Ft. of primary dwelling (2) Mobile Homes $4,120.56 Per Unit
Senior Assisted Living Units $2,879.09 Per Unit
Commercial Lodging $1,946.72 Per Unit
Retail/Service/Office Uses $4.35 Per Sq. Ft.
Industrial/Manufacturing Uses $0.536 Per Sq. Ft.
Institutional Uses $0.308 Per Sq. Ft.
Notes: (1) Plus $0.521/Square Foot beyond 2,700 Square Feet (2) Fees per 2019 AB 68, AB 881 and SB 13; Government Code Section 65852.2 Source: Development Impact Fee Calculation and Nexus Report And Master Facilities Plan For the Carpinteria-Summerland Fire District, August 10, 2016.
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EXHIBIT 3 TO RESOLUTION NO. 6150
Carpinteria-Summerland Fire Protection District Master
Suppression Facilities Plan Fire Suppression Facilities, Vehicles %from Total Dollar $ from other Project Buildand Equipment 2021-22 Fee Cost from Fee Resources Out (+2.7%) FD-01 Relocate Northerly Station #2 $0.00 25 $1,180,251 $3,540,754 $4,721,005 FD-02 Expand Southerly Station #1 100 $1,845,676 $1,845,676 FD-03 Relocate the Administration Office 25 $1,325,854 $3,977,563 $5,303,417 FD-04 Construct an Emergency Operations Center (EOC) 25 $273,912 $821,738 $1,095,650 FD-OS Construct Training Tower/Drafting Pit 25 $422,861 $1,268,583 $1,691,444 Acquire a Type 1 Engine w/Aerial Attack Capability
FD-06 (Telesquirt) 75 $581,165 $193,722 $774,887
FD-07 Acquire a Type Ill Fire Engine (Completed 2014) 100 $354,176 $354,176 FD-08 Acquire a Multi-Use Incident Support Vehicle 25 $64,574 $193,722 $258,296 FD-09 Improve the Wildland Patrol/Brush lnsp. Vehicle 25 $5,740 $17,219 $22,959 TOTALS $16,067,510
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EXHIBIT 4 TO RESOLUTION NO. 6150
FEE ACCOUNTING
Carpinteria-Summerland FPO Fund 3633
Fire Protection District Development Impact Fees - Ledger FY 2021/2022* Ledger@ Credits Interest\ Debits Ledger@
July 1, 2021 June 30, 2022
Fund 3633 $469,466.71 $69,319.02 $2,080.14 $12,771.84** $528,094.03 Fire Protection
Capital
Improvements
*Totals of Exhibit 4 are unaudited except for Ledger Balance at July 1, 2021. **Per District, $12,771.84 was spent on improvements to existing Northerly Station #2 which is not a project listed on the District's Master Facilities Plan.
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City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 25, 2022
ITEM FOR COUNCIL CONSIDERATION
Consideration of extending Ordinance No. 755, a temporary moratorium on the issuance of certificates of occupancy and/or business licenses or any other entitlement for the establishment of formula businesses within the City of Carpinteria, with the exception of Casitas Plaza and Shepard Place Shops.
STAFF RECOMMENDATION
Approve and adopt Ordinance No. 757 (Attachment A), extending a temporary moratorium on the issuance of certificates of occupancy and/or business licenses or any other entitlement for the establishment of formula businesses within the City of Carpinteria, with the exception of Casitas Plaza and Shepard Place Shops.
Sample Motion: I move to approve and adopt Ordinance No. 757, as read by title only, to go into effect immediately.
This motion requires, at minimum, a 415
th vote for approval by the legislative body to
pass.
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.
Formula Business Temporary Moratorium Extension
July 25, 2022
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 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 After receiving the staff report, the City Council heard from staff and 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 and directed staff to return with an urgency ordinance to establish a temporary moratorium on the establishment of formula businesses throughout the City while City staff and the City Council study and consider 1 See https://carpinteria.granicus.com/MetaViewer.php?view id=2&clip id=1028&meta id=69910. See also Alexander, Christopher, A Pattern Language, page 432, Individually Owned Shops, Oxford University press, 1977.
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/content/sanfrancisco-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.
N:\Project Files\2022 (2139- )\Formula Business Ordinance\Moratorium\1st Extension 07-25-2022\Final Staff Report re Formula Businesses Moratorium 1st Extension 7.25.2022 .docx
Formula Business Temporary Moratorium Extension
July 25, 2022
permanent regulations on formula businesses. The staff report for this meeting can be accessed on the City's website and is hereby incorporated by reference. 7 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. 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 and continued its consideration to a date when four of the Councilmembers could be present. The staff report for this meeting is available online and is hereby incorporated by reference. 8 On June 27, 2022, the City Council approved Ordinance No. 755 (Attachment B), an urgency ordinance establishing a temporary moratorium on the establishment of formula businesses in the City of Carpinteria, as modified by the City Council. At this meeting, 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) before adopting the moratorium. The Council cited, among other reasons, the City's character as a classic California beach town; with 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
Following the Council's discussion, the Council voted to apply a temporary moratorium citywide, with the exception of the Casitas Plaza and Shepard Place Shops. The temporary moratorium applies to 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.
The Council also determined that the following business types, in the context of the moratorium, not be treated as formula businesses: office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, gas stations, or theaters/performing arts spaces. The temporary moratorium does not prohibit the 7 See https://carpinteria.granicus.com/MetaViewer.php?view id=2&clip id=1028&meta id=69910 8 See https://carpinteria.granicus.com/
Meta Viewer. php?view _id=2&clip_id=1036&meta_id=70334
N:\Project Files\2022 (2139- )\Formula Business Ordinance\Moratorium\1st Extension 07-25-2022\Final Staff Report re Formula Businesses Moratorium 1st Extension 7.25.2022 .docx
Formula Business Temporary Moratorium Extension
July 25, 2022
relocation of an existing formula business in operation at a location within the City of Carpinteria upon the effective date of this Ordinance to another location within the City.
The staff report for the June 27, 2022 meeting is available online and is hereby incorporated by reference.
9 The temporary moratorium took effect on June 27, 2022 and remains in effect for an initial period of 45 days, subject to a maximum of two extensions by the City Council, which may extend the temporary moratorium for a period not to exceed two years from the date of the initial adoption of the Ordinance.
The purpose of this agenda matter is to allow the City Council an opportunity to consider extending the temporary moratorium for an additional 10 months and 15 days.
Unless extended, Ordinance No. 755 expires on August 11, 2022.
DISCUSSION
Regarding the extension, 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. On July 11, 2022, the City Council considered, approved, and issued the required report pursuant to Government Code section 65858(d) (Attachment C) describing measures taken to alleviate the conditions that led to the adoption of Ordinance No. 755. The Report concludes that although the City has made progress toward enacting comprehensive formula business regulations, the conditions that led to the adoption of Ordinance No. 755 remain ongoing. The staff report for the Government Code section 65858(d) Report is available online and/or by requesting a copy from the City Clerk and is hereby incorporated by reference. 10 While the temporary moratorium is in place, the City Council will undertake the preparation and adoption of (permanent) regulations for the establishment of formula businesses within the City. The permanent regulations were initiated by the City Council as a separate agenda item on July 11, 2022. The staff report initiating preparation of the permanent regulations is available on line and hereby incorporated by reference.
11 POLICY CONSIDERATIONS
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 9 See https://carpinteria. granicus.com/MetaViewer. php?view _id=2&cl ip _id= 1064&meta_id=714 73 10 See https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1070&meta_id=71817 11 See https://carpinteria.granicus.com/MetaViewer. php?view_id=2&clip_id=1070&meta_id=71814 N:\Project Files\2022 (2139- )\Formula Business Ordinance\Moratorium\1 st Extension 07-25-2022\Final Staff Report re Formula Businesses Moratorium 1st Extension 7.25.2022 .docx
Formula Business Temporary Moratorium Extension
July 25, 2022
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 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.
A moratorium on new formula businesses could temporarily impact potential City revenues generated from sources, including but not limited to: sales taxes, property taxes (related to new developmenUtenant 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 moratorium on formula businesses, and the degree to which such moratorium limits or reduces the establishment of new businesses in the City. It would be assumed that a broader, more comprehensive moratorium would have a greater potential for impact on City revenues as compared to a more narrowly defined moratorium.
Costs associated with staff time for the preparation and implementation of a moratorium and any follow-on permanent regulations limiting formula businesses would be 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 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. Additionally, section 65858 of the Government Code authorizes cities to adopt a temporary moratorium without following the typical procedures that it would use to amend its municipal code. A N:\Project Files\2022 (2139- )\Formula Business Ordinance\Moratorium\1st Extension 07-25-2022\Final Staff Report re Formula Businesses Moratorium 1st Extension 7.25.2022 .docx
Formula Business Temporary Moratorium Extension
July 25, 2022
temporary moratorium barring issuance of additional entitlements may be adopted under Government Code section 65858 where the City Council finds that issuance of such entitlements would result in a current and immediate threat to public health, safety, or welfare.
Prior to extension of such a temporary moratorium, section 65858(d) of the Government Code requires that, ten days prior to an extension, the City Council must "issue a written report describing he measures taken to alleviate the condition which led to the adoption of the ordinance." The report attached as Attachment C satisfies these requirements.
California law requires that an urgency ordinance be approved by a four-fifths vote of the local legislative body> An urgency ordinance may remain in effect for only 45 days, unless it is extended (after notice and a hearing) by another four-fifths vote for ten months and 15 days, with the option of an additional one-year extension.
OPTIONS
1. Approve and adopt Ordinance No. 757, thereby extending the temporary moratorium concerning formula businesses (staff recommendation).
2. Decline to enact an extension of the urgency ordinance No. 755.
PRINCIPAL PARTIES EXPECTED AT MEETINGS
Carpinteria business owners
Commercial property owners/managers
Commercial property developers
ATTACHMENTS
Attachment A
Attachment B
Attachment C
Ordinance No. 757 Extension
Ordinance No. 755 Urgency Ordinance
Government Code section 65858(d) Report
Staff Contact: Steve Goggia, Community Development Director (805) 755-4414 I [email protected] ~~
Signature
N:\Project Files\2022 (2139- )\Formula Business Ordinance\Moratorium\1st Extension 07-25-2022\Final Staff Report re Formula Businesses Moratorium 1st Extension 7.25.2022 .docx
Formula Business Temporary Moratorium Extension
July 25, 2022
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
N:\Project Files\2022 (2139- )\Formula Business Ordinance\Moratorium\1st Extension 07-25-2022\Final Staff Report re Formula Businesses Moratorium 1st Extension 7.25.2022 .docx
Attachment A
Ordinance No. 757 Extension
ORDINANCE NO. 757
EXTENSION OF 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 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; and
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; 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; and
• Policy LU-3d: Establish a commercial sector that balances the retail and service needs of citizens and tourists; and
• 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; and
• Attract and retain downtown retailers, hotels, corporate headquarters and Research and Development uses that can be successful in and complimentary to the community; and Ordinance No. 757
• Establish support for small business development; and • 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; 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, 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 oflife of City residents; and 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; and
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; 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 Ordinance No. 757
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 WHEREAS, City staff is currently studying and drafting comprehensive regulations governing formula businesses pursuant to the City Council's direction; and 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; and
WHEREAS, on May 23, 2022, the City Council heard City staff's 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; and
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;" and 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; and
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; and 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; and
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; and
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, Ordinance No. 757
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; and
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; and
WHEREAS, on June 27, 2022 for the reasons included in the record, the City Council has determined that, as of the Effective Date of Ordinance No. 755, there is no urgency to regulate formula businesses within the Casitas Plaza or the Shepard Place Shops; and WHEREAS, on June 27, 2022 the City Council determined, by at least a four-fifths (4/5) vote, that Ordinance No. 755 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; and
WHEREAS, the provisions of Government Code section 65858 provide that the City Council may extend the interim ordinance for a period of ten (10) months and fifteen (15) days upon notice pursuant to Government Code section 65090 and a public hearing at which the City Council adopts the extension by at least a four-fifth ( 4/5) vote; and WHEREAS, although the City has made progress (as outlined in a report prepared and adopted by the City Council pursuant to Government Code section 65858(d)), the City has not completed evaluating possible revisions to the City's zoning ordinance and other regulations to address regulation of short-term rentals, and meanwhile the conditions creating an immediate threat to the public health, safety, and welfare (as described above and in Ordinance No. 755) persist; and
WHEREAS, pursuant to the requirements of Government Code sections 65858 and 65090, a notice of public hearing about the proposed extension of this Ordinance, originally enacted on June 27, 2022, has been placed in a newspaper of general circulation within the City at least 10 days prior to the City Council meeting scheduled for July 25, 2022; and Ordinance No. 757
WHEREAS, pursuant to the requirements of Government Code section 65858, the City Council has determined, by at least four-fifth ( 4/5) votes, to extend this Ordinance for the immediate preservation and protection of the public health, safety and welfare of the community.
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 extend the 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 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 ofup to ten (10) months and fifteen (15) days following the date of expiration of Ordinance No. 755, which is June 26, 2023; provided, however, that after notice pursuant to Government Code section 65090 and a public hearing, the City Council, by the affirmative vote of at least four-fifth ( 4/5) of the voting members, may extend this Ordinance for an additional period of one (1) year pursuant to 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 Ordinance No. 757
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.
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 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 ofup to ten (10) months and fifteen (15) days following the date of expiration of Ordinance No. 755, which is June 26,202; provided, however, that after notice pursuant to Government Code section 65090 and a public hearing, the City Council, by the affirmative vote of at least four-fifth ( 4/5) of the voting members, may extend this Ordinance for an additional period of one (1) year pursuant to Government Code section 65858.
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.
Ordinance No. 757
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 25th day of July, 2022, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Mayor of the City of Carpinteria
ATTEST:
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 25th day of July, 2022.
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP, acting as
City Attorney of the City of Carpinteria
Attachment B
Ordinance No. 755 Urgency Ordinance
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 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
• 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 lo 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
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 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 65 85 8 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
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
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 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.
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 ofan 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
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 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:
AYES: COUNCILMEMBERS: Alarcon, Carty, Clark, Nomura
Ordinance No. 7 5 5
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Lee ( recused)
Mayor of the City of Carpinteria
ATTEST:
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City of Carp
E.
interi
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I hereby certify that the Joregoing 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. ~
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C, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Attachment C
Government Code section 65858(d) Report
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
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 25, 2022
ITEM FOR COUNCIL CONSIDERATION
Approval and Authorization to enter into a revised Memorandum of Understanding with the Santa Barbara County Association of Governments; County of Santa Barbara; and the cities of Buellton, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang concerning the preparation of the Santa Barbara County Regional Broadband Strategic Plan.
STAFF RECOMMENDATION
Approve and authorize the City Manager to execute a revised Memorandum of Understanding with the Santa Barbara County Association of Governments; County of Santa Barbara; and the cities of Buellton, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang concerning the preparation of the Santa Barbara County Regional Broadband Strategic Plan.
Sample Motion: I move to approve and authorize the City Manager to execute a revised Memorandum of Understanding with the Santa Barbara County Association of Governments; County of Santa Barbara; and the cities of Buellton, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang concerning the preparation of the Santa Barbara County Regional Broadband Strategic Plan.
BACKGROUND
In 2020 during the COVID-19 pandemic, many people had relied on their broadband service in order to telework and stay socially distant for curbing the spread of the COVID-19 virus. The COVID-19 pandemic has made the digital divide in unserved and underserved communities more apparent as work, commerce, health, and other economic services have moved online. Those in unserved and underserved communities have been struggling to participate in the digital landscape as broadband services are unavailable to them due to lack of affordability or infrastructure. Further, the state has identified a need for improving broadband infrastructure in order to:
1. Encourage new broadband service providers to enter the marketplace in order to improve competition
2. Build redundancy of connection for improved resiliency and disaster recovery Santa Barbara County Regional Broadband Strategic Plan
July 25, 2022
Page2
3. Increase overall capacity for local broadband service in support of economic development and enhanced telework infrastructure.
In order to address these needs, it has been identified that the broadband infrastructure serving the region that includes Santa Barbara County needs to be improved. In July 2021, Santa Barbara County Association of Governments (SBCAG) formed the Broadband Ad-hoc Committee, which comprises of SBCAG board members Nelson and Hartman (County), Osborne (Lompoc), Patino (Santa Maria) and Perotte (Goleta). The Broadband Ad-hoc Committee formed the basis of SBCAG Board of Directors' support and encouragement to formalize a collaborative, regional approach to developing a broadband strategic plan between SBCAG, County of Santa Barbara and the eight incorporated cities.
On October 21, 2021, the SBCAG Board of Directors authorized its Executive Director to request participation from the eight cities including the City of Carpinteria in the preparation of the Santa Barbara County Regional Broadband Strategic Plan. In October 2021, the County of Santa Barbara Board of Supervisors committed $200,000 from the County of Santa Barbara's share of the America Rescue Plan Act. The SBCAG Board of Directors proposed dividing the remaining cost among the eight cities based on the 2021 California Department of Finance population estimate to the cities' collective population of 307,821. See Table 1 below for the jurisdiction contributions based on population.
Table 1- Jurisdiction Contributions Based on Population Jurisdiction
2021 DOF.
Po~ulation
Estimate
I Buellton 5,435
,-- ----- --- -- -
Carpinteria 13,196
Goleta 32,339
Guadalupe 8,346
-
Lompoc 42,493
Santa Barbara 93,055 i--- - ----- ----- --- --
Santa Maria 107,445 1--- - --- ---- -- ----- - -- -- -
[ Solvang 5,512 _
; County 1
r- --- -
· Total 307,821
1.77%
4.29%
10.51%
2.71%
13.80%
30.23%
34.91%
1.79%
$3,531.27 -- ----
~8,_573.81
$21,0J 1.5~
_ $5,422.63
$?L6Q8._9Q_
$60,460.46
_$~J,810.05 __ ;
~3_281:.~o _
$200,000.00
$49_9,000.Q0
Footnote:
1. In October 2021, the County of Santa Barbara Board of Supervisors committed $200,000 from the County of Santa Barbara's share of the America Rescue Plan Act funds.
On November 8, 2021, the City Council initially approved and authorized the City Manager to execute a Memorandum of Understanding (MOU) with SBCAG; County of Santa Barbara; and the other seven cities in the county for preparing the Santa Barbara County Regional Broadband Strategic Plan, as well as approved an appropriation of $8,600 for the City's financial contribution. Since that time, the MOU was revised by Santa Barbara County Regional Broadband Strategic Plan
July 25, 2022
SBCAG. Based on the City Attorney Office's review, the revisions were determined to be substantive that warrant the City Council's re-approval.
The purpose of this agenda matter is for the City Council to approve and authorize the City Manager to execute the revised MOU with SBCAG; County of Santa Barbara; and the other seven cities in the county for preparing the Santa Barbara County Regional Broadband Strategic Plan.
DISCUSSION
The revisions to the initial MOU are summarized as follows:
1. Change to recitals.
2. Change to deadline for financial contributions from February 2021 to February 2022.
3. Added provision regarding nondiscrimination.
4. Amended language regarding conflicts of interest.
5. Added provision regarding audits and inspections requirement.
6. Deleted "Federal Award Identification" chart.
The revised MOU is shown as Attachment A.
The Santa Barbara County Regional Broadband Strategic Plan is currently being prepared by Broadband Consortium Pacific Coast
1 , which is separately contracted with
SBCAG.
POLICY CONSISTENCY
The proposed City Council actions in support of a Santa Barbara County Regional Broadband Strategic Plan can be found consistent with policies of the City's General Plan and Sustainable Community Policy, as described below.
General Plan
Public Facilities Element Objective PF-5: To provide a high quality and broad range of public services, facilities and utilities to meet the needs of all present and future residents of the Carpinteria Planning Area.
Implementation Policy PF-5d. Detailed master plans will be prepared for major facilities and service systems.
1 Formed in 2014, Broadband Consortium Pacific Coast serves as an advocate for broadband deployment and adoption in the tri-county area of Ventura, Santa Barbara, and San Louis Obispo.
Broadband Consortium Pacific Coast is funded by the Rural and Urban Regional Broadband Consortia Grant Account of the California Advanced Services Fund, a program administered by the California Public Utilities Commission.
Santa Barbara County Regional Broadband Strategic Plan
July 25, 2022
Implementation Policy PF-5e. The City will improve and extend services and facilities to the extent possible, within the limits of available funding.
Implementation Policy PF-5i. The City will maintain liaison with the agencies providing public services within the Planning Area.
Sustainable Community Policy
GOALS
Initiate and lead collaborative sustainability initiatives and communicate efforts to residents and business owners and operators, becoming a resource to the community.
ECONOMIC VITALITY
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.
COMMUNITY HEAL TH, SAFETY AND WELLNESS
Improve the quality of life of all members of the community through education, services and accessibility to resources.
Implement programs which promote interactions and communication between neighbors, including internet-based social programs and local community groups.
Promote social equity which addresses the fair distribution of benefits and costs among different social and cultural groups, recognizing that these groups have different needs, interests, rights to and responsibilities over resources, and that they experience different impacts of development interventions which must be considered to build a solid base for sustainability and socio-environmental equity.
Cultivate inter-agency programs and regulations to support sustainable goals and objectives of this policy throughout the community.
FINANCIAL CONSIDERATIONS
On November 8, 2021, the City Council approved an appropriation of $8,600 for the City's financial contribution. There is no further cost with the recommendation.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
No revisions were made to the MOU in terms of roles, responsibilities, and financial contribution for each agency. The MOU is not legally binding, but it signals the willingness of the agencies to move forward with preparing the Santa Barbara County Santa Barbara County Regional Broadband Strategic Plan
July 25, 2022
Regional Broadband Strategic Plan. The City Attorney's Office reviewed the revised MOU and finds no exceptions.
OPTIONS
1. Approve and authorize the City Manager to execute a revised Memorandum of Understanding with the Santa Barbara County Association of Governments; County of Santa Barbara; and the cities of Buellton, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang concerning the preparation of the Santa Barbara County Regional Broadband Strategic Plan. (Staff recommendation)
2. The City Council could choose not to consider the recommendation and provide further direction to staff.
PRINCIPAL PARTIES EXPECTED AT MEETING
Broadband Consortium Pacific Coast
ATTACHMENTS
Attachment A: Memorandum of Understanding
Staff contact:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by:
Dave Durflinger, City Manager
(805) 755-4400, [email protected]
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ATTACHMENT A
Memorandum of Understanding
MEMORA NDUM OF UNDERSTANDING
BETW EEN THE:
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS, COUNTY OF SANTA
BARBARA, AND THE CITIES OF BUELL TON, CARPINTERIA, GOLETA, GUADALUPE,
LOMPOC, SANTA BARBARA, SANTA MARIA AND SOLVANG
for
PREPARING A REGIONAL BROADBAND STRA TEGIC PLAN FOR THE SANTA BARBARA
COUNTY REGION
This Memorandum of Understanding (MOU) is hereby entered into by and between the Santa Barbara County Association of Governments referred to herein as "SBCAG", and the County of Santa Barbara as well as Cities of Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang individually referred to herein as "AGENCY", or, collectively, including SBCAG, as the "AGENCIES."
RECITALS:
WHEREAS, SBCAG is a Joint Powers Authority, which serves as the Metropolitan Planning Organization for the region;
WHEREAS, the AGENCIES agree to work together on the development of the Regional Broadband Strategic Plan;
WHEREAS, the AGENCIES agree to financially participate to cover the expenses of the Regional Broadband Strategic Planning effort;
WHEREAS, SBCAG shall be the administrative entity for the Regional Broadband Strategic Planning effort during the term of this MOU;
WHEREAS, SBCAG, as the administrative agency, will work with the Broadband Consortium of the Pacific Coast (BCPC) to assist the region with the development of the Regional Broadband Strategic Plan.
NOW, THEREFORE, the AGENCIES agree to the following:
1. ROLES AND RESPONSIBILITIES. Under this MOU, the AGENCIES agree to work together to:
A. Cooperate in developing a Regional Broadband Strategic Plan, including but not limited to, identifying improvement needs, funding options and strategies, economic impacts, and benefits;
B. Designate a technical contact person(s) to assist in planning for Broadband infrastructure and support the invoicing process;
C. Actively participate in the planning process by attending meetings and providing comments and input where appropriate;
D. Pay the invoice for the Broadband Strategic Plan;
E. The name for the working body under this mutual understanding will be known as the "BROADBAND ALLIANCE OF SANTA BARBARA COUNTY (ALLIANCE)"; and F. SBCAG to serve as the administrative agent and secretary for the ALLIANCE.
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
2. ADMINISTRATIVE ENTITY. SBCAG shall serve as the administrative entity of the ALLIANCE, SBCAG shall:
A. Upon approval by the SBCAG Board, enter into an agreement with BCPC, in compliance with SBCAG's purchasing policy to develop a Broadband Strategic Plan for the Santa Barbara County region and to provide oversight of the agreement with BCPC;
8. Upon approval by the SBCAG Board, enter into Federal Subrecipient agreements to receive federal funds in support of this MOU;
C. Act as the fiscal agent, and serveas the custodian of the financial contributions by the AGENCIES and deposit contributions in a separate fund;
D. Pay all invoices from the BCPC from the separate fund consisting of the single payments made by the AGENCIES;
E. Liaison with the AGENCIES governing bodies on topics and issues related to the Broadband Strategic Plan;
F. Conduct meetings with the AGENCIES' designee to solicit input and formulate Broadband Strategic Plan recommendations for the SBCAG Board; G. Provide opportunities to solicit stakeholder and public input in the development of the Broadband Strategic Plan;
H. Conduct consultation and coordination with the Santa Ynez Band of Chumash Indians Tribal Government;
I. In coordination with the BCPC, participate in federal and statewide meetings, and consortiums to inform the Broadband Strategic Plan development, engage in broader broadband discussions, and advocate for Santa Barbara County needs and priorities; J. Submit required reporting for America Rescue Plan Act funding; and K. Conduct required audits.
3. TERM & TERMINATION. This MOU is effective as of January 1, 2022, and shall expire on December 31, 2022, unless the AGENCIES agree otherwise. Any AGENCY may terminate its participation from this MOU upon 30-days written notification to the other AGENCIES.
4. FINANCIAL RESPONSIBILITIES.
A. Each AGENCY shall pay the following contribution based on a population formula:
. Jurisdiction . Estimate % . · . Contribution
f--------- ---- -------------
Buellton
Carpinteria
5,435 1. 77% $3,531.27
----- --- - - -----·-· -
13,196 4.29% $8,573.81 I
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
$21,011.5§
Guadalupe 8,346 2.71% $5,422.63
- ------ ----
Lompoc 42,493 13.80% $27,608.90 t---------- -- --- ------------ Santa Barbara 93,055 30.23% $60,460.46
---·-----
Santa Maria 107,445 34.91% $69,810.05
------- - ---- ---- -·--- - -- -- - --- - --- ---------- ·--- Solvang 5,512 1.79% $3,581.30
Goleta 32,339 10.51%
County of Santa
Barbara
Total
n/a
307,821
n/a $200,000.00
$400,000.00
----- --- --
B. Contributions shall be used to develop a Regional Broadband Strategic Plan for the Santa Barbara County region.
C. Financial contributions are payable by February 1, 2022.
5. MUTUAL INDEMNIFICATION. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the AGENCIES pursuant to California Government Code Section 895.6, the AGENCIES agree that all losses or liabilities incurred by a Party shall not be shared pro rata but instead all AGENCIES agree that pursuant to California Government Code Section 895.4, each of the AGENCIES hereto shall fully indemnify and hold each of the other AGENCIES, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Party under this MOU. No AGENCY or SBCAG, nor any officer, board member, employee or agent of any AGENCY or SBCAG shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other AGENCIES hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other AGENCIES under this MOU.
6. GENERAL TERMS & CONDITIONS.
A. Entire MOU and Agreement. In conjunction with the matters considered herein, this MOU contains the entire understanding and agreement of the AGENCIES and there have been no promises, representations, agreements, warranties, or undertakings by any of the AGENCIES, either oral or written, of any character or nature hereafter binding except as set forth herein. This MOU may be altered, amended, or modified only by an instrument in writing, executed by the AGENCIES to this MOU and by no other means. Each AGENCY and SBCAG waives its future right to claim, contest or assert that this MOU was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel.
B. Nondiscrimination.
i. Each AGENCY and SBCAG shall comply with Title VI of the Civil Rights Act of 1964, as amended, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
person on the basis of race, color, national origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, Title 31 Code of Federal Regulations (CFR) Part 22, which are herein incorporated by reference and made a part of this MOU. Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this MOU. Each AGENCY and SBCAG also shall not discriminate on the basis of sex in the performance of this MOU. ii. In addition, the County of Santa Barbara's Unlawful Discrimination Ordinance (Article XIII of Chapter 2 of the Santa Barbara County Code) applies to this MOU and is incorporated by reference herein. In addition, the Assurance of Compliance with Civil Rights Requirements attachment applies to this MOU and is incorporated by reference herein.
C. Non-assignment. AGENCIES shall not assign, transfer or subcontract this MOU or any of its rights or obligations without the prior written consent of each AGENCY and any attempt to so assign, transfer, or subcontract without such consent shall be void and without legal effect.
D. Headings. The headings of the several sections shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.
E. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this MOU shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
F. Compliance with Law. Each AGENCY and SBCAG shall, at its sole cost and expense, comply with all State and federal ordinances and statutes, including regulations now in force or which may hereafter be in force with regard to this MOU. The judgment of any court of competent jurisdiction, or the admission of any AGENCY or SBCAG in any action or proceeding against an AGENCY or SBCAG, whether any other AGENCY or SBCAG is a party thereto or not, that an AGENCY or SBCAG has violated any such ordinance statute, or regulation, shall be conclusive of that fact.
G. Jurisdiction & Venue. This MOU shall be governed by the laws of the State of California.
Any litigation regarding this MOU or its contents shall be filed in the County of Santa Barbara, if in State court, or in the federal district court nearest to San Luis Obispo County, if in federal court.
H. Authority. All signatories and AGENCIES to this MOU warrant and represent that they have the power and authority to enter into this MOU in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any State and/or federal law in order to enter into this MOU have been fully complied with.
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
I. Execution of Counterparts. This MOU may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the AGENCIES shall preserve undestroyed, shall together constitute one and the same instrument.
J. Survival. All provisions of this MOU which by their nature are intended to survive the termination or expiration of this MOU shall survive such termination or expiration.
K. No Separate Legal Entity. AGENCIES agree ALLIANCE is a multi-jurisdictional recommending agency that is not a separate legal entity and does not have powers of a decision-making body. The ALLIANCE cannot enter contracts, employ staff, apply for grants or other funding, incur debts, sue or be sued.
L. Conflict of Interest. Each AGENCY and SBCAG covenants that it presently has no employment or interest and shall not acquire any employment or interest, direct or indirect, including any interest in any business, property, or source of income, which would conflict in any manner or degree with the performance of services required to be performed under this MOU. Each AGENCY and SBCAG further covenants that in the performance of this MOU, no person having any such interest shall be employed by any AGENCY or SBCAG.
Each AGENCY must promptly disclose to SBCAG, in writing, any potential conflict of interest. SBCAG shall then promptly notify the County of Santa Barbara and the City of Santa Maria. Conflicts determined to be immaterial may be waived through written notice.
M. Mandatory Disclosure. Each AGENCY must disclose, in a timely manner, in writing to SBCAG all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the award. SBCAG shall promptly report any such violations to the County of Santa Barbara and the City of Santa Maria. Each AGENCY and SBCAG is required to report certain civil, criminal, or administrative proceedings to the System for Award Management (SAM) located at www.sam.gov. Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.338 Remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321.)
N. Uniform Guidance. Each AGENCY and SBCAG shall comply with the requirements of Title 2, Code of Federal Regulations, Part 200, which are hereby incorporated by reference in this award.
0. Audits & Inspections. This MOU exceeds ten thousand dollars ($10,000.00) and thus is subject to the examination and audit of the California State Auditor for a period of three (3) years after final payment under this MOU (Cal. Gov. Code Section 8546.7).
AGENCIES shall participate in any audits and reviews at no charge. (Signatures on following pages.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
IN WITNESS WHEREOF, the AGENCIES hereto have executed this MOU to be effective once executed by all AGENCIES.
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS:
By: d of Directors
Date:
Attest:
Marjie Kirn
Executive Director
Clerk of the Board
By:~Ck
Approved as to Legal Form:
Rachel n Mullem
By:
(Signatures continued on following pages.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
COUNTY OF SANTA BARBARA:
By: ------------- Chair, Board of Supervisors
Date: -------------
Attest:
Mona Miyasato
County Executive Officer
Clerk of the Board
Approved as to Accounting Form:
Betsy M. Schaffer, CPA
Auditor-Controller
By: ------------- Deputy Clerk
Approved as to Legal Form:
Rachel Van Mullem
County Counsel
By: ------------- Deputy County Counsel
By: ----------- Deputy
Approved as to Form:
Risk Management
By:
-----------
Risk Management
CITY OF BUELLTON:
Mayor
Date: 4/03/2022
Approved as to Legal Form:
(Signatures continued on following pages.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
CITY OF CARPINTERIA:
Al Clark, Mayor
Date: -----------
Approved as to Legal Form:
CITY OF GOLETA:
Signature: Fa«&-: /Je.,u9-m, _ Paula Pcrolte{M.1y 3, 2022 l l:i.6 PDf} Paula Perotte, Mayor
Date: _
Approved as to Legal Form:
Signature: ~~~
CITY OF GUADALUPE:
Ariston Julian, Mayor
Date: -----------
Approved as to Legal Form:
Signature: f:/!ffJt,~;,y~~
(Signatures continued on following pages.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
CITY OF LOMPOC:
Approved as to Legal Form:
Signature: s?f;_(jfj/1.,a/!J~,0~ Pon
CITY OF SANT A BARBARA:
Rebecca J. Bjork
City Administrator
Attest:
Date:
Daniel S. Hentschke,
Assistant City Attorney
(Signatures continued on following page.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
CITY OF SANT A MARIA: r, /)
Allee
at
M. Pa
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tino
Jl , Mayor 91~
Date: J-/lb/z_ozz_ ------,-------
Legal Form:
CITY OF SOLVANG:
Charlie Uhrig, Mayor
Date: 5/24/2022
Approved as to Legal Form:
DocuSlgnod by:
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" -4-'-'P~--><-----
-~E1~~~;12486 ...
Dave Fleishman city Attorney
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
July 25, 2022
ITEM FOR COUNCIL CONSIDERATION
2021 Annual Integrated Pest Management (1PM) Report
STAFF RECOMMENDATION
Accept the report to be made available for public review and kept on file with the City Clerk.
Sample Motion: I move to accept the 2021 Annual Integrated Pest Management Program (1PM) Report to be made available for public review and kept on file in the City Clerk's office.
BACKGROUND
On January 9, 2012, the City Council adopted Resolution No. 5355, thereby establishing an Integrated Pest Management Policy for the City of Carpinteria. The policy is intended to manage environmental pests while reducing the use of pesticides at City owned facilities including parks and streets while still maintaining safety and aesthetics. This effort requires year-round management as well as the publication of an annual report that summarizes the City's pesticide use, employment of 1PM practices and recommendations for the next year.
This is the 10
th annual report to be presented.
The report has been prepared by City Staff, circulated to the 1PM Committee, and is presented to the City Council for review, comments and acceptance. The purpose of this agenda matter is to allow the Council to receive the annual 1PM report and to communicate its results to the community for purposes of education and transparency.
DISCUSSION
The 1PM committee did not meet in 2021. The Committee had an initial task to develop and recommend for adoption, the City's 1PM policy. This was adopted in 2012. Since 2022 Annual 1PM Report
July 25, 2022
Page #2
that time, the 1PM policy protocols require the City to follow well established 1PM practices in making horticultural care and pest control decisions as they relate to use of toxic substances. Because of this, and the City's ability to use low toxicity materials in most instances, the work of the committee has been minimal in recent years and 2021 was no exception.
The need for pesticides in 2021 were relatively consistent with the previous year's needs: Drought conditions continued in the winter of 2021. Weed management on sidewalks and in street right of ways require less effort in drought years.
POLICY CONSIDERATIONS
The 1PM Report is provided annually pursuant the City's 1PM Policy. The implementation of the 1PM policy will have long term beneficial effects on the overall health of the City. 1PM does not prohibit the use of pesticides, rather it requires that the least toxic method be considered before more toxic approaches are implemented.
Public exposure to pesticides has always been minimized by following product labels and common sense practices; however, implementation of the 1PM program can help to reduce exposure potential and encourage Carpinteria residents to enjoy their public parks and facilities without concern of being exposed to harmful substances.
The reduction in the use of pesticides can help in reducing storm water pollution and improve the biological health of our creeks and ocean.
FINANCIAL CONSIDERATIONS
1PM practices have different costs than conventional methods of pest control. In some cases costs can be higher and in others costs can be lower. If practiced over time, 1PM tactics should lower costs and simultaneously improve environmental conditions.
LEGAL
No Legal issues are presented as a part of this report.
OPTIONS
No options are presented as a part of this report.
ATTACHMENTS
2021 1PM Annual Report
G:\MATT\PARK-REC\IPM\2021 annual report\2021 Staff Report1 .docx 2022 Annual 1PM Report
July 25, 2022
Page #3
Staff contact: Tiffany Smith, Parks and Facilities Supervisor (805) 755-4431 [email protected] ~~
ig ~ture
Matthew Roberts, Parks, Recreation and Public Facili::o= (805) 755-4449 [email protected] ~~~
Sig, ature
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400 [email protected]
G:\MATT\PARK-REC\IPM\2021 annual report\2021 Staff Report1 .docx Integrated Pest Management
2021 Annual Report
City of Carpinteria
[1]
Drywood termites are secretive insects that are difficult to detect. They live deep inside wood; and except during periods when they swarm or when repair work is being done on infested homes, they are seldom seen. Colonies are small (usually fewer than 1,000 individuals), can be widely dispersed, and take years to mature. The most common sighting of drywood termites is flying adults (called swarmers) that occur during daytime hours during summer and fall. Neil D. Tsutsui; Andrew V. Suarez; David A. Holway; Ted J. Case
INTRODUCTION
In 2021, the City continued to rely on 1PM tactics to prevent excessive pest infestation in City landscapes, parks and buildings. Termites, ants, oak moth worms, gophers and invasive weeds were the most challenging pests encountered this year.
All declared Pesticide Free Zones were respected in 2021.
BACKGROUND
The Carpinteria City Council established the Carpinteria City's 1PM policy by adopting Resolution No.5355 at its regular meeting of January 9, 2012. The policy establishes an 1PM committee of up to nine members. The goal of 1PM is to mitigate pest damage to City property while protecting human health, the environment and economic viability.
The City policy has ten basic tenents.
1. Establishes the goal of reducing or eliminating the use of toxic pesticides through the use of common-sense principals of 1PM. Use of 1PM tactics, such as mulching, hand or mechanical weeding and rodent trapping, will be the first line of defense.
[2]
2. Establishes the use of 1PM methodology for selecting the appropriate pest intervention options.
3. Commits the City to establish Pesticide Free Zones where no pesticides will be used unless an emergency arises. These areas will include park play structures and picnic areas.
4. References the use of 1PM tactics from reputable mainstream sources; specifically, the University of California at Davis, the California Invasive Plant Council and the California Department of Pesticide Regulation.
5. Avoids whenever possible the contamination of buildings, soil, air, and water and protects people, animals and beneficial plants and insects from toxic exposures.
6. Establishes the requirement that all personnel involved in pest management at the City receive training and continuing education on the use of pesticides.
7. Requires cooperation and communication between City departments and City Contractors by setting standard operating procedures for the control of pests.
8. Establishes an 1PM Advisory Committee (IPMAC) with up to nine members that includes representation from the Parks and Recreation Department, The Public Works Department, The Bluffs Advisory committee, and at least two at large community members that can make recommendations to the City Council on implementation and amendment of the 1PM policy.
9. Establishes a public outreach and information program to help others in the community reduce the use of pesticides.
10. Establishes that effective public notification will be implemented when pesticides are used. The utilization of a Pesticide Hazard and Exposure Reduction (PHAER) Zone system is to be utilized to help accomplish the public notification objective. The PHAER Zone system also includes the creation of a color metric pesticide list potentially used by the City that groups pesticides into three groups with low (green), medium (yellow) and high (red) toxicity.
The 1PM policy requires the preparation of an annual report to disclose the pest issues encountered and tactics used to combat the problem including pesticide use, if any, in City facilities. This report will be filed with the City Clerk for public inspection and presented to the City Council.
During 2021 the 1PM committee was comprised of the following members:
• Will Carleton, Chair
• Patrick Crooks
• Russell Ruiz
[3]
The committee did not meet during the course of the calendar year, as there was nothing noted outside of normal 1PM approved operations.
The City continued 1PM approved operations with the use of pesticides after other methods were tried. Ant control at the County Medical Clinic is an exception, as there is a low tolerance for ant infestation and the service center is managed by the County of Santa Barbara.
The materials used at the clinic include Esfenvalerate, Piperonyl butoxide and Prallethrin. They are commonly used in ultra-low volume sprays for outdoor mosquito control including many household insecticides such as RAID.
The decision to use insecticides at the clinic is made by the County Medical Clinic personnel and County Public Health Department.
In 2021, a non-toxic method for gopher control at all sites was implemented. The Eliminator® System, Inert Gas Injection, was used for delivery of carbon dioxide gas into underground burrows. The carbon dioxide fills the tunnels and eliminates oxygen, resulting in gopher death. However, complete control in illusive and gophers continue to cause damage on all of our sites.
2021 WEED AND INVASIVE PLANT CONTROL
All weed control efforts by City forces utilized mechanical mowing, hand-hoeing or pulling and/or mulching to accomplish the desired outcome. Herbicides are used in hard-to-control areas or in the case of excessive infestation.
Glyphosate
The use of glyphosate continues to be minimized or eliminated by City Staff. Also known by the brand name Roundup, glyphosate use is controversial due to high profile lawsuits awarding significant damages to plantiffs who used round up and later developed cancer.
While the lawsuits are troubling, the vast majority of research performed worldwide still concludes that use of glyphosate is safe. The U.S. Environmental Protection Agency (EPA) published it latest review of Glyphosate in January of 2020. Their published summary of findings is presented below.
EPA has concluded its regulatory review of glyphosate-the most widely used herbicide in the United States. After a thorough review of the best available science, as required under the Federal Insecticide, Fungicide, and Rodenticide Act, EPA has concluded that there are no risks of concern to human health when glyphosate is used according to the label and that it is not a carcinogen.
[4]
EPA scientists performed an independent evaluation of available data for glyphosate and found:
• No risks of concern to human health from current uses of glyphosate. Glyphosate products used according to label directions do not result in risks to children or adults.
• No indication that children are more sensitive to glyphosate. After evaluating numerous studies from a variety of sources, the Agency found no indication that children are more sensitive to glyphosate from in utero or post-natal exposure.
As part of the human health risk assessment, the Agency evaluated all populations, including infants, children and women of child-bearing age, and found no risks of concern from ingesting food with glyphosate residues. EPA also found no risks of concern for children entering or playing on residential areas treated with glyphosate.
• No evidence that glyphosate causes cancer in humans. The Agency concluded that glyphosate is not likely to be carcinogenic to humans. EPA considered a significantly more extensive and relevant dataset than the International Agency on the Research for Cancer (/ARC). EPA 's database includes studies submitted to support registration of glyphosate and studies EPA identified in the open literature.
EPA considered a significantly more extensive and relevant dataset than the International Agency on the Research for Cancer (/ARC). EPA's database includes studies submitted to support registration of glyphosate and studies EPA identified in the open literature. For instance, /ARC only considered eight animal carcinogenicity studies while EPA used 15 acceptable carcinogenicity studies.
EPA does not agree with IARC's conclusion that glyphosate is "probably carcinogenic to humans."
EPA 's cancer classification is consistent with other international expert panels and regulatory authorities, including the Canadian Pest Management Regulatory Agency, Australian Pesticide and Veterinary Medicines Authority, European Food Safety Authority, European Chemicals Agency, German Federal Institute for Occupational Safety and Health, New Zealand Environmental Protection Authority, and the Food Safety Commission of Japan and the Joint Food and Agriculture Organization/World Health Organization (FAOIWHO) Meeting on Pesticide Residues (JMPR).
For more information, read the Revised Glyphosate Issue Paper: Evaluation of Carcinogenic Potential.
• No indication that glyphosate is an endocrine disruptor. Glyphosate has undergone Tier I screening under EPA 's Endocrine Disruptor Screening Program. Based on all available information, EPA concluded, using a weight-ofevidence approach, that the existing data do not indicate that glyphosate has the potential to interact with the estrogen, androgen or thyroid signaling pathways. [S]
The screening program did not indicate the need for additional testing for glyphosate.
Oak Moth Caterpillar Infestation and Control
Trees in Memorial Park were sprayed with M-pede to treat for Oak Moth caterpillars.
The California oak moth (Phryganidia californica) is a native insect of coastal California.
Oak month caterpillars voraciously feed upon the leaves of our native Coast Live Oak and also some deciduous trees. The tan brown adult moths are commonly seen as they hover around infested trees. They prolifically mate and lay eggs for the next generation of caterpillars. Only the caterpillars feed on oak leaves. Extreme oak worm outbreaks occur approximately every 8-10 years. In the most extreme years, such as the the City experienced in 2007-08, the infestation may lead to severe oak defoliation. During these outbreaks caterpillars are often seen suspended from silk strands, dropping to the ground, and congregating on park benches, drinking fountains, sidewalks or other surfaces. City oak trees have experienced a severe oak moth infestation in 2021 and it continues into 2022.
lmidicloprid injections were used on the majority of City oak trees in 2021. lmidicloprid is taken up by the tree relatively slowly and starts killing chewing insects after a few days.
Injected imidacloprid continues to kill chewing bugs in the tree for up to a year with one injection.
Direct injection of pesticides into the trunk of trees is an environmentally sound and economical way of treating for many kinds of insects that feed on trees. With injection into the circulatory system of a tree, a much lower volume of chemical is needed because it all goes into the tree, as opposed to spraying which deposits pesticide on the ground and adjacent areas for exposure to unintended receptors. Trunk injection is efficient and works fast for insect damage control.
[6]
Aphids Control
Ash trees and magnolia throughout the City experienced aphid infestations. Aphids exude a sticky residue that was causing unpleasant staining and stickiness on sidewalks and other surfaces. The infestation can be detrimental to the health of the tree and can spread to other landscape plants.
The City utilised sprays as well as injections of lmidicloprid for control.
Trilogy is the brand name for a clarified hydrophobic extract of neem oil. Neem oil is a naturally occurring pesticide found in seeds from the neem tree. It has been used for hundreds of years to control pests and diseases. Components of neem oil can be found in many products today. These include toothpaste, cosmetics, soaps, and pet shampoos. Neem products do not necessarily provide absolute insect control. However, frequent applications can reduce pest populations dramatically by repelling them and inhibiting their larval development, growth, fertility, mating and egg laying, as well as deterring feeding
Ants and Other Pests
At City Hall and the Veteran's Building Eco-via was applied for ant control. It contains thyme oil and rosemary oil. This next generation National Organic Program (NOP) compliant product is an EPA exempt, FIFRA25-b organic essential oil insecticide.
Products used at the Medical Clinic to control ants were Suspend Polyzone and Onslaught FastCap. Suspend Polyzone contains the active ingredient Deltamethrin. It is an insecticide belonging to the pyrethroid family. Pyrethroids are the man-made versions of pyrethrins, natural insecticides from chrysanthemum flowers. Onslaught FastCap made of Exponent brand synergist, Esfenvalerate, and Prallethrin, targets multiple insects and can be applied in a number of areas both indoor and outdoor, as well as food areas. The insecticides were chosen for low toxicity and the nature of the importance of a sanitary environment at the Medical Clinic. 2021 RODENT AND INSECT CONTROL
Rats and Mice
For the control of rats and mice, two products (Terad3 Rodenticide Bait and Contrac Blox (bromadiolone) were used around the Veteran's Building and City Hall.
Cholecalciferol is a single feeding rodent bait. Once the rodent eats a lethal dose, their blood calcium begins to rise to a level that is lethal to the rodent. Cholecalciferol, also known as vitamin 03, is a type of vitamin D which is made by the skin when exposed to sunlight; it is also found in some foods and is manufactured and sold as a dietary supplement.
[7]
Contrac All Weather Blox was also used on a limited basis. It is a rodenticide containing the single-feeding anticoagulant ingredient, Bromadiolone. Bromadiolone is a potent 2
nd generation anticoagulant rodenticide and can only be purchased and used by pest control professionals in limited areas.
Gophers
Another area of constant effort is in the control of gophers. Gophers can pose a serious threat to turf areas, especially sports fields. Gopher holes in sports fields and parks pose a solemn risk of injury to athletes and park goers. Gophers continue to be a major concern at El Carro and Viola playing fields.
Gophers use their forepaws and incisor teeth to burrow and tunnel into the earth. Plant eaters by nature, they uproot and feed upon plants. Gophers are considered solitary rodents yet dozens can infest an open field if no control program is in place. Gopher mounds are often built in a line, indicative of a deeper tunnel system.
Pocket gophers invade parks, yards and gardens, feeding on many garden crops, ornamental plants, vines, shrubs, and trees. A single gopher can inflict considerable damage in a very short time. Gophers gnaw and damage plastic water lines and irrigation systems. Their tunnels may divert and carry off irrigation water, which leads to soil erosion and inefficient water use. Mounds on turf areas interfere with mowing equipment and collapsing tunnels can create tripping and injury hazards. Sports fields suffer extensive damage when gopher infestations occur. It is unclear if plant stress from lack of winter rains has worsened the damage to sports field due to gophers. One theory postulates that irrigated turf areas are attractive to gophers as moist soils have more succulent root systems required for food. Non irrigated areas surrounding the sports fields may be unable to support gopher
populations so the animals migrate to greener
pastures.
The California Fish and Wildlife Code
classifies pocket gophers as non-game
mammals. This means that if a gopher is
causing property damage you can control
them at any time and in any legal manner.
The City used carbon dioxide gas in 2021 to
help with gopher control. Carbon dioxide
(chemical formula CO2) is a colorless gas with
a density about 53% higher than that of dry air.
Because of its higher density, it settles into
gopher tunnels and displaces breathable air
causing suffication. Carbon dioxide, delivered
[8]
with appropriate equipment, meets integrated pest management protocols and has been endorsed by various agencies as 1PM compliant. Carbon dioxide can be found in most carbonated beverages.
SPORTS FIELD MANAGEMENT
The City owns and maintains two parks that have active sport fields. El Carro Park has a dedicated soccer field and two baseball fields that share a common outfield area. This outfield also can be used for soccer play. Similarly, Viola Fields has two soccer fields with complimentary softball infields so that either soccer or softball games may be played there. Both El Carro and Viola Fields are home to youth sports leagues, including Little League and AYSO.
Prior to the adoption of an 1PM policy, the City performed routine cultural care practices that included control of broad leaf weeds with the use of broad leaf herbicide and gophers by trapping and use of some chemical poisons. Broad leaf weeds include such plants as dandelion and clover.
Broadleaf Control
Sometimes broad leaf weeds can be
controlled simply by altering the
cultural practices to favor the grass
plants rather than the weeds. The
cultural controls may include raising
or lowering the mowing height,
changing the frequency of mowing,
lengthening or shortening the period
between irrigations, increasing the
application of fertilizer and aeriation
of the soil to ameliorate compaction.
warranted to gain control of invasive
weeds in the turf areas used for sports.
Clover is the primary broad leaf that is highly established at the City's two sport field parks. A dense infestation of broad leaf weeds, such as clover, will out compete the desired Bermuda grass, but does not stand up to the rigors of sports play. As the turf weakens, the weeds will readily invade the open areas that remain.
Due to the continuing growth of non-turf invasive weeds in the sports fields, staff continues the recommendation of using broadleaf control herbicides to improve turf conditions. All applications will be made by licensed professionals using all appropriate measures to avoid unintended contamination of people, pets and or non-targeted plants.
This method of turf weed control is being used by many other agencies to control weeds in sports fields.
[9]
A combination of proper cultural practices plus prudent use of chemical is sometimes necessary to control weeds effectively in turf.
Another sports field management issue that is problematic is when less effective herbicides are not available is the encroachment of turf into the softball and baseball infields. Properly maintained ball diamonds are necessary to ensure player safety as well as fairness in the sport. Inconsistent infields and base paths not only cause the ball to bounce erratically, but may also trip up players. Turf that has encroached into the "skinned" area, must be removed.
Mechanical removal is the only alternative way to accomplish the elimination of turf that has encroached as green list herbicides are not effective in these instances. Costs to perform mechanical removal are higher but are very
effective.
Mulching
Using
mulch is
a good
park,
garden
and right
of way maintenance practice. The
benefits include:
• Reduces weed growth
thereby reducing the need for herbicides or mowing.
• Holds in soil moisture and conserves water.
• Helps to keep the root zone temperatures at a beneficial level. • Organic mulch such as wood chips adds nutrition as it breaks down.
The City continues to stockpile wood chip mulch at Carpinteria City Hall generated from municipal tree trimming operations. This material is made available to the public for free and also used for park and right-of-way uses. The general guidelines for the free pick up and use is that the material is for residential use.
In 2021, truckloads of wood chip mulch have been utilized in most city parks such as the Carpinteria Garden Park, Monte Vista Park, Heath Ranch Park, Seaside Park,Tomol Interpretive Play Area and El Carro Park. The mulching efforts continue throughout the city.
[10]
Carpinteria Garden Park
The Carpinteria Garden Park is a great
success. Over one hundred
households rent garden beds that
mandate organic culture. Garden
Coordinator, Wendy Robins, works
directly with the community and garden
members to prevent pests before they
occur by emphasizing soil and plant
health as preventative care. For
example, aphids can be washed off of
plants with the water spray of a garden
hose.
The Garden Park continues to generate its own compost which is used to amend garden beds, ensuring that rich soil provides plants with healthy defenses against insect pests. In addition, the cultivation of many "insectary" plants (plants especially attractive to beneficial insects) provides a robust ecosystem of insects that feed on common garden pests such as aphids, scale, and white flies.
Bat houses have also been installed at the garden to demonstrate an effort to control invasive insects. Installing a bat house on your property can provide a safe environment for bats, while protecting your yard from pest insects, like mosquitoes, moths, and beetles
Beyond direct support for community gardeners, the Carpinteria Garden Park continues to host classes throughout the year on integrated pest management and related topics which are free and open to the public. These classes include information on organic pest management, building soil fertility for preventative care, and building pollinator and beneficial insect gardens for biodiversity.
In addition, the Garden Park has expanded its outreach work with the local school system and People's Self-Help Housing (PSHH). Community garden members now maintain an organic vegetable garden at Carpinteria Middle School, host school garden tours for elementary and middle school students, work with Carpinteria High School's Agriculture Department, and host an after-school bi-weekly program for PSHH residents ages 6 to 12.
CONCLUSIONS
1. Use of manual methods to remove rodents and weeds continues to be the first line of defense. Mulching has proven to reduce weed infestation. [11]
2. With gophers, the challenge continues to be in keeping up with the population that can invade from adjacent properties. CO2 treatment being currently used in 2021 has been helpful but complete control has not been attained.
3. The sports fields that endure high levels of use are more difficult to manage as broad leaf weeds can out compete the grass and is less durable in high use.
Cultural care practices to reduce weed infestation have been implemented but continue with marginal results.
4. Turf areas used for sports continue to degrade with weed infestations causing unsafe field conditions and poor quality of play. Use of a broadleaf control herbicide and fertilizer was applied in 2021 in an attempt to restore the fields to a healthy turf condition. Better cultural practices have helped the health of the turf. [12]
7/20/22, 9:28 AM https:/ /ctweb. capitoltrack. com/public/pu blish.aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c
LEAGUE OF
CALIFORNIA
CITIES
League of California Cities - Hot Bill List
As of 7/20/2022
Community Services
AB 2281 (Lackey R) Early Childhood Mental Health Services Act.
Current law establishes the Mental Health Student Services Act, administered by the Mental Health Services Oversight and Accountability Commission, to award grants to county mental health or behavioral health departments to fund partnerships between educational and county mental health entities. This bill, contingent upon an appropriation in the Budget Act, would establish the Early Childhood Mental Health Services Act, administered in a similar manner by the commission, to award grants to eligible entities or partnerships to improve access to, and quality of care, services, and supports for, children from birth to S years of age, inclusive, and their parents, families, and caregivers, with emphasis on prevention and early intervention and disparities, as specified.
Cal Cities Position: Support Primary Lobbyist: Caroline Cirrincione Policy Committee : CS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
Cone.
Enrolled Vetoed Chaptered
1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
AB 2281 (Lackey).2Ym:iort Letter Sen Ar:rnr 6.22.22
AB 2281 (Lackey).2Yr:rnort Letter Sen Health 6.7.22
SB 929 (.Eggman D) Community mental health services: data collection.
Current law requires the State Department of Health Care Services to collect and publish annually quantitative information concerning the operation of various provisions relating to community mental health services, including the number of persons admitted for evaluation and treatment for certain periods, transferred to mental health facilities, or for whom certain conservatorships are established, as specified. Current law requires each local mental health director, and each facility providing services to persons under those provisions, to provide the department, upon its request, with any information, records, and reports that the department deems necessary for purposes of the data collection and publication. This bill would additionally require the department to report to the Legislature, on or before May 1 of each year, quantitative information relating to, among other things, the number of persons detained for 72-hour evaluation and treatment, clinical outcomes for individuals placed in each type of hold, services provided in each category, waiting periods prior to receiving an evaluation or care, demographic data of those receiving care, and an assessment of all contracted beds. The bill would specify that the information be from each county for some of those data.
Cal Cities Position: Support Primary Lobbyist: Caroline Cirrincione Policy Committee: CS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
Cone.
Enrolled Vetoed Chaptered
I 1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
Senator Eggman SURROrt Letter Author 6.16.22
SB 929 (.!;ggman).2YRROrt Letter ARRr 5.6.22
SB 970 (.Eggman D) Mental Health Services Act.
The Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund (MHSF), a continuously appropriated fund, to fund various county mental health programs, including children's mental health care, adult and older adult mental health care, prevention and early intervention programs, and innovative programs This bill would require the California Health and Human Services Agency, by July 1, 2025, to establish the California MHSA Outcomes and Accountability Review (MHSA-OAR), consisting https ://ctweb .capitoltrack. com/pu bl ic/publ ish .aspx?session=21&id=75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 1/13 7/20/22, 9:28 AM https:/ /ctweb. capitoltrack.com/public/pu blish.aspx?session =21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c of performance indicators, county self-assessments, and county MHSA improvement plans, to facilitate a local accountability system that fosters continuous quality improvement in county programs funded by the MHSA and in the collection and dissemination by the agency of best practices in service delivery. The bill would require the agency to convene a workgroup, as specified, to establish a workplan by which the MHSA-OAR shall be conducted, including a process for qualitative peer reviews of counties' MHSA services and uniform elements for the county MHSA system improvement plans. The bill would require the agency to establish specific process measures and uniform elements for the county MHSA improvement plans and updates. The bill would require the counties to execute and fulfill components of its MHSA system improvement plan that can be accomplished with existing resources.
Cal Cities Position: Support Primary Lobbyist: Caroline Cirrincione Policy Committee : CS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Cont.
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Cal Cities Position Letter(s) & City Sample Letter(s):
Senator Eggman BH Package City SamRle SURROrt Letter Asm ARRL Senator Eggman BH Package SuRRort Letter Asm ARRr 6.22.22 Senator Eggman SURROrt Letter Author 6.16.22
SB 1035 (.!;ggman D) Mental health services: assisted outpatient treatment.
The Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura's Law, as of July 1, 2021, requires a county or group of counties to provide mental health programs, as specified, unless a county or group of counties opts out by a resolution passed by the governing body stating the reasons for opting out and any facts or circumstances relied on in making that decision. Current law authorizes participating counties to pay for the services provided from moneys distributed to the counties from various continuously appropriated funds, including the Mental Health Services Fund, when included in a county plan, as specified. Current law authorizes a court to order a person who is the subject of a petition filed pursuant to specified requirements to obtain assisted outpatient treatment if the court finds, by clear and convincing evidence, that various conditions are met. Current law requires a court to dismiss_that petition if, after hearing all relevant evidence, it finds that the person who is the subject of the petition does not meet the criteria for assisted outpatient treatment. Current law also requires the director to file an affidavit with the court that ordered the outpatient treatment affirming that the person who is the subject of the order continues to meet the criteria for assisted outpatient treatment, at specified intervals. This bill would authorize the court to conduct status hearings with the person and the treatment team to receive information regarding progress related to the categories of treatment listed in the treatment plan and authorize the court to inquire about medication adherence.
Cal Cities Position: Support Primary Lobbyist: Caroline Cirrincione Policy Committee : CS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Cont.
Cone.
Enrolled Vetoed Chaptered
1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
Senator Eggman SURROrt Letter Author 6.16.22
SB 1154 (.!;ggman D) Facilities for mental health or substance use disorder crisis: database.
Would require, by January 1, 2024, the State Department of Public Health, in consultation with the State Department of Health Care Services and the State Department of Social Services, and by conferring with specified stakeholders, to develop a real-time, internet-based database to collect, aggregate, and display information about beds in inpatient psychiatric facilities, crisis stabilization units, residential community mental health facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities in order to facilitate the identification and designation of facilities for the temporary treatment of individuals in mental health or substance use disorder crisis. The bill would require the database to include a minimum of specific information, including the contact information for a facility's designated employee, and have the capacity to, among other things, enable searches to identify beds that are appropriate for the treatment of individuals in a mental health or substance use disorder crisis.
Cal Cities Position: Support Primary Lobbyist: Caroline Cirrincione Policy Committee : CS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Cont.
Cone.
Enrolled Vetoed Chaptered
1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
Senator Eggman BH Package SURROrt Letter Asm Arrnr 6.22.22 Senator Eggman BH Package Asm ARRr - City samnle Letter https:/ /ctweb.capitoltrack. com/publ ic/pu blish.aspx?session=21 &id= 7 5ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 2/13 7/20/22, 9:28 AM https:/ /ctweb. ca piloltrack.com/public/pu bl ish.aspx?session=21 &id= 7 5ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c Senator Eggman SuIwort Letter Author 6.16.22
SB 1154 (Eggman)2Yi:mort Letters Sen ARRr 5.6.22
SB 1227 (J;ggman D) Involuntary commitment: intensive treatment.
Under the Lanterman-Petris-Short Act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment.
Under existing law, if a person is detained for 72 hours under those provisions, and has received an evaluation, the person may be certified for not more than 14 days of intensive treatment, as specified. Current law further authorizes a person to be certified for an additional period of not more than 30 days of intensive treatment if the person remains gravely disabled and is unwilling or unable to accept treatment voluntarily. Current law requires the person to be released at the end of the 30 days, except under specified circumstances, including, but not limited to, when the patient is subject to a conservatorship petition filed pursuant to specified provisions. Existing law requires an evaluation to be made when a gravely disabled person may need to be detained beyond the initial 14-day period, as to whether the person is likely to qualify for appointment of a conservator, and, if so, requires that referral to be made, as specified. This bill would authorize the professional person in charge of the facility providing intensive treatment to the person to file a petition in the superior court for the county in which the facility is located, seeking approval for up to an additional 30 days of intensive treatment.
Cal Cities Position: Support Primary Lobbyist: Caroline Cirrincione Policy Committee : CS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
Senator Eggman SURROrt Letter - City SamRle Letter
Senator Eggman SURROrt Letter Author 6.16.22
SB 1238 (J;ggman D) Behavioral health services: existing and projected needs.
Current law authorizes the State Department of Health Care Services to award competitive grants to expand the community continuum of behavioral health treatment resources. This bill would require the department, commencing January 1, 2024, and at least every 5 years thereafter, to conduct a review of, and produce a report regarding, the current and projected behavioral health care infrastructure and service needs in each region of the state. The bill would require the department to consult with the council of governments, cities, counties, and cities and counties regarding the assumptions and methodology to be used by the department, and would require local governments to provide specified data for the region. The bill would require the department to share this data and its report with the Mental Health Services Oversight and Accountability Commission.
Cal Cities Position: Support Primary Lobbyist: Caroline Cirrincione Policy Committee: CS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
Senator Eggman BH Package SURROrt Letter Asm ARRL
Senator Eggman BH Package SURROrt Letter Asm ARRr - City SamRle Letter Senator Eggman SURROrt Letter Author 6.16.22
SB 1338 (Umberg D) Community Assistance, Recovery, and Empowerment (CARE) Court Program.
Would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis of schizophrenia spectrum and psychotic disorders and who meet other specified criteria. The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner's assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court.
The bill would make the hearings in a CARE proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body. The bill would authorize the CARE plan to be extended once, for up to one year, and would prescribe the requirements for the graduation plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local program. https ://ctweb. capitoltrack.com/public/publish .aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 3/13 7/20/22, 9:28 AM https://ctweb. capitoltrack.com/public/pu blish. aspx?session =21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c Cal Cities Position: Support if Amend Primary Lobbyist: Caroline Cirrincione Policy Committee : CS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Cont.
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Cal Cities Position Letter(s) & City Sample Letter(s):
SB 1338 (Um berg) CARE Court Sumiort if Amended Letter Asm Health 6.22.22 Environmental Quality
AB 1985 (Rivas, Robert D) Organic waste: recovered organic waste product procurement targets.
Existing law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. This bill would require the department's regulations to allow a local jurisdiction to procure a product made from California, landfill-diverted recovered organic waste, as provided, to comply with these recovered organic waste product procurement target requirements. The bill would allow a local jurisdiction, in procuring recovered organic waste products, to utilize California-derived recovered organic waste that is processed outside of the state. The bill would require any penalties imposed by the department on a local jurisdiction that fails to meet its recovered organic waste procurement target to be imposed pursuant to a specified schedule based on the percentage of the local jurisdiction's recovered organic waste product procurement target achieved.
Cal Cities Position: Sponsor Primary Lobbyist: Derek Do Ifie Policy Committee : ill Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Cont. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Cal Cities Position Letter(s) & City Sample Letter(s):
AB 1985 (Rivas) CITY SAMPLE Sur:mort Letter Sen A1:mroRS 7.8.22 AB 1985 (R Rivas) Author CoSRonsor Letter Sen EQ 6.20.22 AB 1985 (R. Rivas) CITY SAMPLE Author SURROrt Letter 3. 7.22 AB 1985 (R Rivas) Author CoSRonsor Letter 2.24.22
SB 833 (Dodd D) Community Energy Resilience Act of 2022.
Current law establishes within the Natural Resources Agency the State Energy Resources Conservation and Development Commission. Current law assigns the commission various duties, including applying for and accepting grants, contributions, and appropriations, and awarding grants consistent with the goals and objectives of a program or activity the commission is authorized to implement or administer. This bill, the Community Energy Resilience Act of 2022, would require the commission to develop and implement a grant program to award grants through a noncompetitive process for local governments to develop community energy resilience plans that help achieve energy resilience objectives and state clean energy and air quality goals.
Cal Cities Position: Support Primary Lobbyist: Derek Dolfie Policy Committee : ill Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Cont.
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Cal Cities Position Letter(s) & City Sample Letter(s):
SB 833 (Dodd) CITY SAMPLE SURROrt Letter Asm ARRroRS 7.5.22 SB 833 (Dodd) SUPPORT Letter Sen ARRroRS 4.4.22
SB 867 (Laird D) Sea level rise: planning and adaptation.
Current law creates within the Ocean Protection Council the California Sea Level Rise State and Regional Support Collaborative to provide state and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, planning, and, where feasible, the mitigation of the adverse environmental, social, and economic effects of sea level rise within the coastal zone, as provided. This bill would require a local government, as defined, lying, in whole or in part, within the coastal zone, as defined, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as defined, to implement sea level rise planning and adaptation through either submitting a local coastal program, as defined, to the California Coastal Commission or submitting a subregional San Francisco Bay shoreline resiliency plan to the San Francisco Bay Conservation and Development Commission, as applicable, by January 1, 2026. The bill would require those local governments to provide a comprehensive update to that planning and adaptation every 10 years, and technical adjustments every 5 years, as prescribed.
https://ctweb. capitoltrack. com/public/publish .aspx?session=21&id=75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 4/13 7/20/22, 9:28 AM
Cal Cities Position: Concerns
https://ctweb. ca pitoltrack.com/pu blic/publ ish.aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c Primary Lobbyist: Derek Dolfie Policy Committee : ill
:] Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
SB 867 (Laird)Jd!,y SAMPLE Concerns Asm Ar:mroRS 06-24-2022 SB 867 (Laird) Cal Cities CSAC Letter of Concerns Asm Nat Resources 06-03-2022 Governance, Transparency, and Labor Relations
AB 1751 (Daly D) Workers' compensation: COVID-19: critical workers.
Current law defines "injury" for an employee to include illness or death resulting from the 2019 novel coronavirus disease (COVID-19) under specified circumstances, until January 1, 2023. Existing law create a disputable presumption, as specified, that the injury arose out of and in the course of the employment and is compensable, for specified dates of injury. Current law requires an employee to exhaust their paid sick leave benefits and meet specified certification requirements before receiving any temporary disability benefits or, for police officers, firefighters, and other specified employees, a leave of absence. Existing law also make a claim relating to a COVID-19 illness presumptively compensable, as described above, after 30 days or 45 days, rather than 90 days. Current law, until January 1, 2023, allows for a presumption of injury for all employees whose fellow employees at their place of employment experience specified levels of positive testing, and whose employer has 5 or more employees. This bill would extend the above-described provisions relating to COVID-19 until January 1, 2025.
Cal Cities Position: Oppose Unless Primary Lobbyist: Johnnie Pina Policy Committee: GTLR Amend
Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
AB 1751 (Daly) Coalition ORROSed Unless Amended S ARRrolli..
AB 1751 (Daly)_QRROSe Unless Amended - SamRle Letter - ASM ARRro~ AB 1751 (Daly) Coalition ORROSed Unless Amended SLPER
AB 1751 (Daly) Coalition ORROSed Unless Amended
SB 931 (Leyva D) Deterring union membership: violations.
Current law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Current law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board. This bill would authorize an employee organization, as described, to bring a claim before the Public Employment Relations Board alleging that a public employer violated the above-described provisions.
Cal Cities Position: Oppose Unless Primary Lobbyist: Johnnie Pina Policy Committee: GTLR Amend
Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
SB 931 (Leyva)_QRROSe Unless Amended SamRle Letter - ASM ARRro~ SB 931 (Leyva) Coalition ORROSe Unless Amended ASM PERS SB 931 (Leyva) Coalition ORROSe Unless Amended - ASM Judiciary SB 931 (Leyva) Coalition ORROSe - Sen Arrnrolli..
SB 931 (Leyva) Coalition ORROSe Unless Amended - Senate Judiciary_ SB 931 (Leyva) Coalition Author ORROSe Unless Amended
SB 1127 (Atkins D) Workers' compensation: liability presumptions.
Current law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries arising out of and in the course of their employment. Existing law requires an injured employee to file a claim form with the employer. Under existing law, except for specified injuries, if liability is not rejected within 90 days after the date the claim form is filed with the employer, the injury is presumed compensable and the https :/ /ctweb.capitoltrack. com/public/publish .aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 5/13 7/20/22, 9:28 AM https://ctweb. capitoltrack.com/public/publish. aspx?session =21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c presumption is rebuttable only by evidence discovered subsequent to the 90-day period.This bill would, for specified firefighters and peace officers claiming illness or injury related to cancer, increase the number of compensable weeks to 240 without limitation as to time from the date of injury.
Cal Cities Position: Oppose Primary Lobbyist: Johnnie Pina Policy Committee : GTLR Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Cont.
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Cal Cities Position Letter(s) & City Sample Letter(s):
SB 1127 (Atkins)_QP-P-OSe - SamP-le Letter - ASM AP-WO~ SB 1127 (Atkins) Coalition OP-P-OSition - Assembly Insurance 6.15.22 SB 1127 (Atkins) Coalition OP-P-OSition - Assembly Insurance 5.31.22 SB 1127 (Atkins) Coalition OP-P-OSition - Senate Floor Alert SB 1127 (Atkins) Coalition OP-P-OSition - S-LABOR, PUBLIC EMPLOYMENT AND RETIREMENT Housing Community and Economic Development
AB 916 (Salas D) Zoning: accessory dwelling units: bedroom addition.
Would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit. The bill would apply these provisions only to a permit application for no more than 2 additional bedrooms within an existing dwelling unit. The bill would specify that these provisions are not to be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.
Cal Cities Position: Oppose Unless Primary Lobbyist: Jason Rhine Policy Committee: HCED Amend
Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Cont. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Cal Cities Position Letter(s) & City Sample Letter(s):
AB 916 (Salas) ADUs SamP-le OP-P-OSe Unless Amended
AB 916 (Salas) ADUs OP-P-OSe Unless Amended
AB 2011 (Wicks D) Affordable Housing and High Road Jobs Act of 2022.
Would create the Affordable Housing and High Road Jobs Act of 2022, which would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program.
Cal Cities Position: Oppose Primary Lobbyist: Jason Rhine Policy Committee: HCED Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Cont.
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Cal Cities Position Letter(s) & City Sample Letter(s):
AB 2011 (Wicks)_QP-P-OSe City SAMPLE letter 05.17.22
AB 2011 (Wicks)_QP-P-OSe, Asm. Housing and Comm. Dev., 5-6-22 AB 2097 (Friedman D) Residential, commercial, or other development types: parking requirements.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element, and a conservation element. Current law also permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance https:/ /ctweb.capitoltrack. com/public/publish .aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 6/13 7/20/22, 9:28 AM https:/ /ctweb. ca pitoltrack. com/public/publish. aspx?session=21 &id= 7 5ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c will facilitate access to the development by patrons of public transit facilities. This bill would prohibit a public agency, in a county with a population of 600,000 or more, from imposing or enforcing a minimum automobile parking requirement, on any of specified residential, commercial, or other development types if the project is located within 1/2 mile of public transit, as defined. The bill would also prohibit a public agency, in a county with a population of less than 600,000, and a city with a population of 75,000 or more, from imposing or enforcing a minimum automobile parking requirement on specified residential, commercial, or other development types if the project is located within 1/4 mile of public transit. For a city with a population of less than 75,000, or a county with a population of less than 600,000, the bill would authorize that city or county to adopt an ordinance or resolution that applies certain prohibitions regarding the above-described parking requirements within its boundaries. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking.
Cal Cities Position: Oppose Primary Lobbyist: Jason Rhine Policy Committee : HCED Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
AB 2097 (Friedman) Sample Ormose Letter
AB 2097 (Friedman),_Qppose, Sen. Housing, 6-21-22
AB 2097 (Friedman)_Qppose, Author 4-13-22
AB 2295 (Bloom D) Local educational agencies: housing development projects.
Would deem a housing development project an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing development that meets these requirements consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bill would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land. The bill would make these provisions effective on January 1, 2024, except that the bill would require the Department of Housing and Community Development to provide a specified notice to the planning agency of each county and city on or before January 31, 2023. The bill would repeal its provisions on January 1, 2033.
Cal Cities Position: Support if Amend Primary Lobbyist: Jason Rhine Policy Committee : HCED Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
AB 2295 (Bloom)2!!P-P-Ort if Amended Letter Sen Approps 07.01.2022 SB 6 (Caballero D) Local planning: housing: commercial zones.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Current law requires that the housing element include, among other things, an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all households pursuant to specified law, existing law requires the local government to rezone sites within specified time periods and that this rezoning accommodate 100% of the need for housing for very low and low-income households on sites that will be zoned to permit owner-occupied and rental multifamily residential use by right for specified developments. This bill, the Neighborhood Homes Act, would deem a housing development project, as defined, an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if the development and site meet specified requirements, including that the site is not adjacent to an industrial use or agricultural use. The bill would require the density for a housing development under these provisions to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction. The bill would require the housing development to meet all other local requirements, other than those that prohibit residential use, or allow residential use at a lower density than that required by the bill.
Cal Cities Position: Oppose Unless Primary Lobbyist: Jason Rhine Policy Committee: HCED Amend
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled https://ctweb. capitoltrack.com/pu blic/pu blish. aspx?session=21&id=75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c Vetoed Chaptered
7/13
7/20/22, 9:28 AM https://ctweb. capitoltrack.com/publ ic/publish.aspx?session =21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 1st House 2nd House Cone.
Cal Cities Position Letter(s) & City Sample Letter(s):
SR fi (Caballero) SamRle ORROSe Unless Amended
SB 6 Caballero ORROSe Unless Amended 6 22 22
SB 897 (Wieckowski D) Accessory dwelling units: junior accessory dwelling units.
The Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective.
For purposes of this requirement, the bill would define "objective standard" as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
Cal Cities Position: Oppose Primary Lobbyist: Jason Rhine Policy Committee : HCED Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
SB 897 (Wieckowski) SamRle ORROsition Letter
SB 897 (Wieckowski) Joint ORROSe Letter, 6-22-22
SB 897 (Wieckowski)_QRROsition Letter
Public Safety
AB 662 (Rodriguez D) Mental health: State Fire Marshal: training standards: peer-to-peer suicide prevention.
Current law directs the State Fire Marshal to establish additional training standards that include criteria for curriculum content recommended by the Emergency Response Training Advisory Committee, as provided. Current law requires the State Fire Marshal to contract with the California Firefighter Joint Apprenticeship Program for the development of that curriculum criteria.
Existing law authorizes every paid and volunteer firefighter assigned to field duties in a state or local fire department or fire protection or firefighting agency to receive the training. Current law makes these requirements contingent upon the receipt of federal funds, as provided. This bill would require the State Fire Marshal to establish additional training standards that include the criteria for curriculum development recommended by the Statewide Training and Education Advisory Committee involving peer-to-peer suicide prevention programming. The bill would require the State Fire Marshal to contract with the California Firefighter Joint Apprenticeship Program to develop the curriculum content criteria. The bill would authorize every paid firefighter assigned to field duties in a state or local fire department or fire protection or firefighting agency, as well as every paid emergency medical services responder, to receive the peer-to-peer suicide prevention training, as provided.
Cal Cities Position: Support Primary Lobbyist: Elisa Arcidiacono Policy Committee : PS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
AB 662 (Rodriguez) SamRle SURROrt
AB 662 (Rodriguez)...SRonsor Letter 6.9.22
AB 1014 (McCarty D) Cannabis: retailers: delivery: vehicles.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control for the administration and enforcement of its provisions. MAUCRSA generally defines delivery to mean the commercial transfer of cannabis or cannabis products to a customer, requires the delivery of cannabis or cannabis products to be made only by a licensed retailer, microbusiness, or nonprofit, and establishes requirements for the delivery of cannabis and cannabis products, including that an employee of the licensee carry a copy of the licensee's current license and a government-issued identification with a photo of the employee, such as a driver's license. This bill would require, on or before January 1, 2023, the regulations established by the bureau regarding the minimum security and transportation safety requirements to include https://ctweb. capitoltrack. com/pu bl ic/pu blish .aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 8/13 7/20/22, 9:28 AM https:/ /ctweb. capitoltrack.com/public/publish. aspx?session =21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c regulations that would allow for an increase in the value of cannabis goods to be carried during delivery of those cannabis goods to customers by employees of a licensed retailer to $10,000, as specified. The bill would require a licensed retailer to provide their delivery employee certain hardware, tools, and supplies, access to healthcare benefits, and either a vehicle that meets certain requirements or reimbursement for certain costs for the use of the employee's vehicle, as specified.
Cal Cities Position: Oppose Primary Lobbyist: Elisa Arcidiacono Policy Committee : PS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Cal Cities Position Letter(s) & City Sample Letter(s):
AB 1014 (McCarty) SamRle ORROSe
AB 1014 (McCarty)_QRROSe- Senate Labor 6.22.22
AB 1014 (McCarty) Author ORROSe 1.31.22
AB 1740 (Muratsuchi D) Catalytic converters.
Current law requires a core recycler, as defined, who accepts a catalytic converter for recycling to maintain a written record of specified information regarding the transaction, including the item type and quantity, amount paid for the catalytic converter, an identification number, if any, and the vehicle identification number, for not less than 2 years. Current law makes it a crime to violate these requirements. This bill would require a core recycler to include additional information in the written record, including the year, make, and model of the vehicle from which the catalytic converter was removed and a copy of the title of the vehicle from which the catalytic converter was removed. The bill would prohibit a core recycler from entering into a transaction to purchase or receive a catalytic converter from a person that is not a commercial enterprise, as defined, or a verifiable owner of the vehicle from which the catalytic converter was removed, as specified, and would make other conforming changes.
Cal Cities Position: Support Primary Lobbyist: Elisa Arcidiacono Policy Committee : PS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
AB 1740 (Muratsuchi) SAMPLE SUPPORT
AB 1740 (Muratsuchi)_$_yRROrt- Senate BP&ED
AB 1740 (Muratsuchi)_$_yRROrt, Asm. ARRroRs,, 4-18-22
AB 2407 (O'Donnell D) Vehicle tampering: theft of catalytic converters.
Current law imposes various requirements on a core recycler, as defined. Existing law requires a core recycler who accepts a catalytic converter for the purposes of recycling or who sells or ships used catalytic converters to a recycler or smelter to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years and to make that information available for inspection upon the request of law enforcement. Current law provides that a person who violates these requirements is guilty of a misdemeanor. This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years, except as specified.
Cal Cities Position: Watch Primary Lobbyist: Elisa Arcidiacono Policy Committee : PS 1 Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
AB 2407 (O'Donnell) SAMPLE SUPPORT
AB 2407 (O'Donnell)_$_yRROrt Senate BP&ED
AB 2407 (O'Donnell)_$_yRROrt 5.31.22
SB 1000 (Becker D) Law enforcement agencies: radio communications.
Current law establishes the California Law Enforcement Telecommunications System (CLETS) to make specified criminal justice databases, including individual criminal histories, wanted and missing persons, and stolen firearms, vehicles, and property, available to participating law enforcement agencies. Current law prohibits unauthorized access to CLETS and the unlawful use of CLETS information by authorized users. Existing law authorizes the Attorney General to adopt policies, procedures, and practices https ://ctweb. capitoltrack. com/public/publish. aspx?session=21 &id= 7 5ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 9/13 7/20/22, 9:28 AM https ://ctweb. capitoltrack.com/pu blic/publ ish.aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c related to the use of CLETS. These rules require a participating agency to restrict access to CLETS and define "access" as the ability to see or hear any information obtained from CLETS. This bill would require a law enforcement agency, including the California Highway Patrol, municipal police departments, county sheriff's departments, specified local law enforcement agencies, and specified university and college police departments, to, by no later than January 1, 2024, ensure public access to the radio communications of that agency, as specified.
Cal Cities Position: Watch Primary Lobbyist: Elisa Arcidiacono Policy Committee : PS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
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Cal Cities Position Letter(s) & City Sample Letter(s):
SB 1000 (Becker) SamRle ORROSe
SB 1000 (Becker)_QRROSe 6.2.2022
SB 1087 (Gonzalez D) Vehicles: catalytic converters.
Would prohibit any person from purchasing a used catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. A violation of this provision would be an infraction, punishable by a fine, as specified.
Cal Cities Position: Support Primary Lobbyist: Elisa Arcidiacono Policy Committee : PS Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
Cone.
Enrolled Vetoed Chaptered
1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
SB 1087 (Gonzalez)_$_yRROrt Asm B&P
SB 1087 (Gonzalez)_$_yRROrt, Sen. Public Safety, 4-18-22 SB 1186 (Wiener D) Medicinal Cannabis Patients' Right of Access Act.
Would enact the Medicinal Cannabis Patients' Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.
Cal Cities Position: Oppose Primary Lobbyist: Elisa Arcidiacono Policy Committee : PS I Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
I Cone.
Enrolled Vetoed Chaptered
I 1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
SB 1186 (Wiener) SamRle ORROSe
SB 1186 (Wiener)_QRROSe, Asm BP, 6-17-22
SB 1186 (Wiener) Joint ORROSe, Sen. ARRroRS Comm., 5-3-22 SB 1186 (Wiener) Joint ORROSe, Sen. Bus, Prof., Econ. Dev. Comm., 4-4-22 Revenue and Taxation
AB 1951 (Grayson D) Sales and use tax: exemptions: manufacturing.
The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for purchases not exceeding $200,000,000, for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified; qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development, as provided; qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or https://ctweb.capitoltrack.com/publ ic/pu blish. aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 10/13 7/20/22, 9:28 AM https://ctweb. capitoltrack.com/public/publ ish. aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c test any qualified tangible personal property, as provided; and qualified tangible personal property purchased by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of specified processes. Current law, on and after January 1, 2018, and before July 1, 2030, additionally exempts from those taxes the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, as defined, or storage and distribution, as defined, of electric power. This bill would, on and after January 1, 2023, and before January 1, 2028, make this a full exemption for purchases not exceeding $200,000,000. The bill would repeal these provisions on January 1, 2028, and would revert to the above-described partial exemption on that date.
Cal Cities Position: Oppose Unless Primary Lobbyist: Nick Romo Policy Committee : RT Amend
Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Cal Cities Position Letter(s) & City Sample Letter(s):
AB 1951 (Grayson) SAMPLE OUA Sen GF Cal Cities.6.23.22
AB 1951 (Grayson) OUA Sen GF Cal Cities. CSAC 6.23.22
AB 1951 (Grayson) Cal Cities. Or.n:iose. Asm ARRroRS. 5.18 AB 2622 (Mullin D) Sales and use taxes: exemptions: California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project: transit buses.
The Sales and Use Tax Law provides various exemptions from those taxes, including, until January 1, 2024, an exemption from those taxes with respect to the sale in this state of, and the storage, use, or other consumption in this state of, specified zeroemission technology transit buses sold to specified public agencies that are eligible for specified incentives from the State Air Resources Board. This bill would extend the exemption for specified zero-emission technology transit buses until January 1, 2026.
Cal Cities Position: Support Primary Lobbyist: Nick Romo Policy Committee : RT , Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
Cone.
Enrolled Vetoed Chaptered
1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
AB 2622 (Mullin) Cal Cities SURROrt
AB 2887 (Garcia, Eduardo D) Public resources: Sales and Use Tax Law: exclusions.
The California Alternative Energy and Advanced Transportation Financing Authority Act establishes the California Alternative Energy and Advanced Transportation Financing Authority. The act authorizes, until January 1, 2026, the authority to provide financial assistance to a participating party in the form of specified sales and use tax exclusions for projects, including those that promote California-based manufacturing, California-based jobs, advanced manufacturing, reduction of greenhouse gases, or reduction in air and water pollution or energy consumption. The act prohibits the sales and use tax exclusions from exceeding $100,000,000 for each calendar year. This bill would, until January 1, 2026, increase the limit on sales and use tax exclusions to $150,000,000 for each calendar year.
Cal Cities Position: Oppose Unless
Amend
Primary Lobbyist: Nick Romo Policy Committee : RT
j Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf. ! Cone.
Enrolled Vetoed Chaptered
1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
AB 2887 (E. Garcia) OUA w CSAC Sen Gov Finance 6.23.22
SB 843 (Glazer D) Taxation: renters' credit.
Would, for taxable years beginning on or after January 1 of the taxable year that includes the date on which funding is first authorized for purposes of this bill, and for the succeeding 4 taxable years, and only when specified in a bill relating to the Budget Act, increase the personal income tax credit amount for a qualified renter to $1,000 for spouses filing joint returns, heads of households, and surviving spouses and $500 for other individuals, as provided. In the event the increased credit amount is not specified in a bill relating to the Budget Act, the existing credit amounts of $120 and $60, as described above, respectively, would be the credit amounts for that taxable year. The bill would require the Franchise Tax Board to annually recompute the credit https:/ /ctweb. capitoltrack.com/public/pu bl ish .aspx?session=21&id=75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 11 /13 7/20/22, 9:28 AM https:/ /ctweb. capitoltrack.com/public/publ ish. aspx?session =21 &id= 7 5ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c amount for inflation for taxable years following the first year in which the increased credit is operative, except as provided. The bill would provide findings and declarations relating to the goals, purposes, and objectives of this credit.
Cal Cities Position: Support Primary Lobbyist: Nick Romo Policy Committee : RT Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
Cone.
Enrolled Vetoed Chaptered
1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
SB 843 (Glazer) Cal Cities SURROrt Asm Rev Tax
SB 843 (Glazer) Cal Cities SURROrt Sen. Gov.Finance 3.24.2022 SB 1449 (Caballero D) Office of Planning and Research: grant program: annexation of unincorporated areas.
Would require the Office of Planning and Research to, upon appropriation by the Legislature, establish the Unincorporated Area Annexation Incentive Program, authorizing the office to issue a grant to a city for the purpose of funding infrastructure projects related to the proposed or completed annexation of a substantially surrounded unincorporated area, as defined, subject to approval by the Director of State Planning after the city submits an application containing specified information. The bill would require the office to match, on a dollar-for-dollar basis, any dollar contribution a city makes toward a project funded by the program, subject to a maximum funding threshold as determined by the director. The bill would, by September 1, 2023, require the office to develop guidelines, and consult with various local representatives to prepare those guidelines, for purposes of implementing the program, and would provide that the guidelines are not subject to the rulemaking requirements of the Administrative Procedure Act.
Cal Cities Position: Support Primary Lobbyist: Nick Romo Policy Committee: RT Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
Cone.
Enrolled Vetoed Chaptered
1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
SB 1449 (Caballero) Cal Cities SUPPORT
Transportation, Communications and Public Works
AB 1685 (Bryan D) Vehicles: parking violations.
Current law requires a processing agency to offer a payment plan for unpaid parking citations to qualified indigent persons. This bill would require a processing agency to forgive at least $1,500 in parking fines and fees annually for a qualified homeless person, as specified. The bill would also require a processing agency to provide certain information regarding the parking citation forgiveness program, as specified, including on its internet website. The bill would also require each processing agency that receives an application for the citation forgiveness program to annually report specified information to the California lnteragency Council on Homelessness and would require the council to compile this data and submit an annual report to the Legislature.
Cal Cities Position: Oppose Unless Primary Lobbyist: Damon Conklin Policy Committee: TCPW Amend
Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.
Cone.
Enrolled Vetoed Chaptered
1st House 2nd House
Cal Cities Position Letter(s) & City Sample Letter(s):
SAMPLE letter AB 1685 ORROSe Unless Amended Sen ARWOR.S.
Cal Cities ORROSe unless Amended Senate ARRroRriations Committee Senate TransRortation AB 1685 (Bryan)_QRRose unless amended AB 2953 (Salas D) Department of Transportation and local agencies: streets and highways: recycled materials.
Would require the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. The bill would require, beginning January 1, 2024, a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, as specified. The bill would exempt cities and counties whose revenues do not exceed specified thresholds from these requirements. By increasing the duties of local agencies, this bill would impose a state-mandated local program.
Cal Cities Position: Oppose Unless Primary Lobbyist: Damon Conklin Policy Committee: TCPW https ://ctweb. capitoltrack.com/pu bl ic/pu blish .aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 12/13 7/20/22, 9:28 AM
Amend
https:/ /ctweb. capitoltrack.com/public/publish. aspx?session=21 &id= 75ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Cal Cities Position Letter(s) & City Sample Letter(s):
AB 2953 (Salas)__Qrmose, Asm. Comm. on Transportation, 3-30-22 SB 932 (Portantino D) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans.
Current law states the Legislature's intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.This bill would emphasize the intent of the Legislature to fight climate change with these provisions.
Cal Cities Position: Oppose Unless Primary Lobbyist: Damon Conklin Policy Committee: TCPW Amend
Desk I Policy I Fiscal I Floor Desk I Policy I Fiscal I Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Cal Cities Position Letter(s) & City Sample Letter(s):
SB 932 (Portantino)__Qppose unless Amended
SB 932 (Portantino)__Qppose Unless Amended, Sample Letter SB 932 (Portantino)__Qppose Unless Amended, Coalition Letter, 3-11-22 Total Measures: 35
1400 K Street, Suite 400, Sacramento, CA 95814-3916 I www.calcities.org I (916) 658-8200 https :/ /ctweb. capitoltrack.com/public/pu blish. aspx?session=21 &id= 7 5ad4892- 7fec-4a46-b 7 a2-23ec260b0c0c 13/13
CARPINTERIA PUBLIC IMPROVEMENT CORPORATION (CPIC)
5775 Carpinteria Avenue
Carpinteria, CA 93013
MEETING AGENDA
MONDAY, JULY 25, 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 CPIC.
4. Approval of minutes of regular annual meeting held July 26, 2021.
5. Receive and File the CPIC Annual Report.
6. New Business.
7. Adjournment.
The CPIC agenda and associated staff report will be available on Thursday, July 21, 2022 on the City’s Website: https://carpinteria.ca.us/city-hall/agendasmeetings/. The CPIC agenda and staff report are part of the City Council agenda for its regular meeting of July 25, 2022. Please see “TEMPORARY
ADJOURNMENT FOR THE PURPOSE OF HOLDING THE ANNUAL MEETING OF THE CARPINTERIA PUBLIC IMPROVEMENT CORPORATION (CPIC).” 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) 755-4403. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
CARPINTERIA PUBLIC IMPROVEMENT CORPORATION (CPIC)
5775 Carpinteria Avenue
Carpinteria, CA 93013
ANNUAL MEETING MINUTES
MONDAY, JULY 26, 2021
1. Call to order and roll call.
President Nomura called the meeting to order at 7:05 pm.
Directors present: Director Natalia Alarcon
Director Gregg A. Carty
Director 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, Acting Secretary
2. Confirmation of legal noticing and procedural requirements of meeting.
Acting Secretary Barrett acknowledged that the legal noticing and procedural requirements of the meeting were met.
3. Confirmation of officers for Fiscal Year 2021-22.
Motion by Director Lee, seconded by Director Carty, to nominate Wade T.
Nomura as President and Al Clark as Vice President. Upon voice vote, the motion carried unanimously.
4. Public Comment
There was no public comment.
5. Approval of minutes of regular annual meeting held July 27, 2020.
Motion by Director Lee, seconded by Vice President Clark to approve the minutes of the regular annual meeting held July 27, 2020. Upon voice vote, the motion carried unanimously.
6. Receive and File the CPIC Annual Report.
CPIC Annual Meeting Minutes
July 26, 2021