Carpinteria City Council
September 12, 2022

City of Carpinteria
City Council Regular Meeting Agenda
Monday, September 12, 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://carpinteriaca.gov/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], (PLEASE NOTE NEW PUBLIC COMMENT City Council Regular Meeting Agenda
September 12, 2022

EMAIL ADDRESS) or (2) the eComment link on the City's agenda website (https://carpinteriaca.gov/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. Proclamation Declaring September 15, 2022 to October 15, 2022 as Hispanic Heritage Month.

2. Proclamation Proclaiming September 2022 as “Suicide Prevention” Month.

3. Santa Claus Lane Bikeway Presentation by Kirsten Ayars of Ayars and Associates.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL

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

CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask City Council Regular Meeting Agenda
September 12, 2022

questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.

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

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

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

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

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

4. Approve the minutes of the regular City Council meeting of August 8, 2022 and the special meeting of August 15, 2022.

5. Receive and file the Expenditures for the period beginning July 30, 2022 and ending September 2, 2022.

6. Acceptance of Monetary Donation from C-DOG for the purpose of purchasing dog waste bag dispensers and receptacles as a part of a pilot program.

7. Adoption of Resolution No. 6159, authorizing continued remote teleconference meetings of the City Council and Boards, Committees, and Commissions for a period of 30 days.

ADMINISTRATIVE MATTERS:

8. Authorization for the City Manager to execute an Agreement with Cannon Corporation to provide consulting design services for the 2022 Pavement City Council Regular Meeting Agenda
September 12, 2022

Rehabilitation Project (includes the whole or segments of Byrnes Lane, Callejon Drive, Cameo Road, Dorrance Way, El Carro Lane, Retorno Drive, Star Pine Road, and Vallecito Road).

Recommendation: Authorize the City Manager to execute an Agreement with Cannon Corporation to provide consulting design services in an amount not-toexceed $611,028 for the 2022 Pavement Rehabilitation Project. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

9. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Optony, Inc. to provide management and support related services for solar energy generation and storage projects.

Recommendation: Authorize the City Manager to execute Amendment No. 1 to the Agreement with Optony, Inc. to provide management and support related services for solar energy generation and storage projects in the not-to-exceed amount of $39,585 for a total amended amount of $59,535. (This motion requires a roll call vote.)
Staff Presenter: Erin Maker, Environmental Program Manager a. Staff Report
b. Public Comment
c. City Council Determination

10. An Agricultural Lease Agreement with Caltrans for the four acre Property located at 1212 Casitas Pass Road. The Property is known as State Parcel 011443 (formerly a portion of APN: 001-070-012).

Recommendation: Authorize the City Manager to sign the Agricultural Lease Agreement with Caltrans for State Parcel 011443.

Staff Presenter: Matt Roberts, Parks, Recreation and Public Facilities Director a. Staff Report
b. Public Comment
c. City Council Determination

11. Revision to Civil Engineer Position Description and elimination of the authorized City Council Regular Meeting Agenda
September 12, 2022

term limit.

Recommendation: Adopt Resolution No. 6158, revising the Civil Engineer position description and eliminating the limited term authorization.

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

12. Ordinance No. 759, an Ordinance of the City Council of the City of Carpinteria, California, Amending Chapter 15.50 (Flood Damage Protection) of Title 15 (Buildings and Construction) in the Carpinteria Municipal Code.

Recommendation: Approve Ordinance No. 759, as read by title only (first reading). (This motion requires reading of ordinance title and a roll call vote.) Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

13. Adoption of Resolution No. 6157, initiating legislation to amend the City’s Density Bonus Program, a part of its Local Coastal Program, in response to state Density Bonus legislation.

Recommendation: Adopt Resolution No. 6157 (Attachment A), initiating amendments to the Carpinteria Local Coastal Program, including, but not limited to, the Zoning Code in response to state Density Bonus legislation.

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

14. Adoption of Resolution No. 6156, initiating an amendment to Carpinteria Municipal Code, Title 14: Zoning Regulations, concerning the implementation of Coastal Development Permit Procedures.

City Council Regular Meeting Agenda
September 12, 2022

Recommendation: Adopt Resolution No. 6156 (Attachment A), initiating an amendment to the Carpinteria Local Coastal Program Zoning Code to implement Coastal Development Permit Procedures.

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

15. Special Event Permit Application for the 2022 California Avocado Festival.

Recommendation: (1) Approve the Special Event Permit Application for the 2022 California Avocado Festival, (2)Designate the area within the event footprint as a public park during the hours of operation pursuant to Carpinteria Municipal Code Section 10.68.010, and (3) Authorize expenditures for special law enforcement services and temporary traffic control and street cleaning services.

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

16. Informational Report on Train Horn Noise Level at Tomol Interpretive Play Area.

Recommendation: Consider the information report and direct staff based on the Options included herein.

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

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
City Council Regular Meeting Agenda
September 12, 2022

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) 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)
City Council Regular Meeting Agenda
September 12, 2022

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 City Council meeting will be held September 26, 2022 at 5:30 p.m.

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

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

This agenda was posted on Wednesday, September 7, 2022, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.

OVERVIEW
A u g u s t 2 0 2 2
• New Class I bikeway and multipurpose path
• Connects Santa Claus Lane to Carpinteria Avenue
• Closes a gap in the California Coastal Trail
• Carpinteria Avenue and Estero Street
• New crosswalks, signage, landscaping, curbs and gutters, and bike lanes • Santa Claus Lane
• New turnaround at west end (cars only)

PROJECT OVERVIEW

PROJECT LOCATION

NEW BIKEWAY

STAGE 1
STAGE 2
STAGE 3

PROJECT WORK

Carpinteria Avenue
• Alternate driveway closures
• Driveways on either side remain open

DRIVEWAY CLOSURES
• Final Configuration
• Teardrop-shaped turnaround (cars)
• Large trucks will enter southbound Highway 101

SANTA CLAUS LANE

TURNAROUND
• During construction
• Highway 101 southbound on-ramp at Santa Claus
closed
• Access to Sand Point Road = local traffic only
• November to January
• access to Sand Point Road = one lane only
• check for oncoming cars prior to exiting or
entering Sand Point Road

NEAR SANDPOINT
ROAD

EMAIL UPDATES

CONTACT

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

REGULAR MEETING AGENDA
MONDAY, SEPTEMBER 12, 2022
5:30 P.M.

1. Call to order and roll call.

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

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

4. Approval of minutes of the regular meeting held August 8, 2022.

5. Proclamation Proclaiming September 2022 as “Library Card Sign-Up” Month.

6. Update on the Library (verbal report).

7. New Business & Discussion.

8. Adjournment.

The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, September 8, 2022 on the City’s Website:
https://carpinteriaca.gov/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 September 12, 2022. Please see “TEMPORARY ADJOURNMENT FOR

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

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

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

REGULAR MEETING MINUTES
MONDAY, AUGUST 8, 2022

1. Call to order and roll call.

President Nomura called the meeting to order at 5:33 pm.

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

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

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

3. Public Comment
Speakers via Zoom: Jason Rodriguez
Since Mr. Rodriguez’s comments were not within the subject matter of the Library Board of Trustees, President Nomura advised Mr. Rodriguez to make public comment after the City Council has reconvened.

4. Approval of minutes of the regular meeting held July 11, 2022 and the special meeting held July 25, 2022.

Motion by Boardmember Alarcon, seconded by Vice President Clark, to approve the minutes of the regular meeting held July 11, 2022 and the special meeting held July 25, 2022. The voice vote was as follows:

AYES: Boardmember Alarcon, Boardmember Carty, Boardmember Lee, Vice Library Board of Trustees Regular Meeting Minutes
August 8, 2022

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

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

City Librarian Thomas reported on the following:
• There were between 310 and 350 people at the Library Opening Event and 49 library cards were created.
• Visitor and circulation numbers are steadily increasing. • Recently installed a door counter to know how many people come into the library. • Hired a third part-time Library Technician, though still seeking a fourth part-time Library Technician with library experience and bilingual skills in Spanish. • Launched children and adult programs.
• Launched library’s Instagram account in conjunction with the Facebook account. • Library staff will participate in several public engagement events. • On August 27th the Library will be an enrollment location for Get Connected California to boost internet connectivity.
• 1,300 library card holders currently, creating 10 new cards each day. • In process of setting up ordering of new library materials. • Smart Grant offers Open Plus to allow self service library services before the library opens.

Boardmember Lee asked if there were volunteers opportunities at the Library for high school kids. City Librarian Thomas replied affirmatively.

Boardmember Carty inquired if there were programs planned with the Carpinteria Unified School District and the Library to ensure kids in all local schools receive a library card. City Librarian Thomas stated she would reach out to the School District.

6. New Business & Discussion
There was no new business nor discussion.

7. Adjournment.

President Nomura adjourned the meeting at 5:43 p.m.
________________________________
Brian C. Barrett, CMC, Secretary

City of Carpinteria
City Council Minutes
Regular Meeting
Monday, August 8, 2022
In-Person and Virtual

CALL TO ORDER
Mayor Nomura called the meeting to order at 5:30 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
Olivia Uribe Mutal, Program Manager
John L. Ilasin, Public Works Director
Licette Maldonado, Administrative Services Director
Steve Goggia, Community Development Director
Matt Roberts, Parks, Recreation & Public Facilities
Director

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

City Clerk Barrett explained that the Granicus server was down and the City Council agenda and streaming video was not accessible; however, he noted that the Council agenda has since been posted on the meetings and agenda webpage and includes the Zoom link for the public to participate in the meeting.

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE
City Council Regular Meeting Minutes
August 8, 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 5:33 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Nomura reconvened the meeting at 5:43 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 polled the Council on its availability for a special meeting on August 15th at 5:30 pm to consider extending the provisions to allow for remote teleconference meetings. All Councilmembers will be available for a special Council meeting on August 15th at 5:30 pm. City Manager Durflinger also noted that the City Council and staff email addresses have changed.

Assistant City Manager Ramirez provided an update on the Ad Hoc Senior Planning Committee and its work on a senior community survey.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Emails distributed: Anonymous
Speakers in-person: Rosalyn Kohute
Speakers via Zoom: Jason Rodriguez
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. 1 through 8. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
City Council Regular Meeting Minutes
August 8, 2022

ABSENT: None
ABSTAIN: None
The motion carried unanimously.

1. Approve the minutes of the regular City Council meeting of July 25, 2022.

2. Receive and file the Expenditures for the period beginning July 16, 2022 and ending July 29, 2022.

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

4. Authorize the Public Works Director to advertise the Notice Inviting Bids for the Carpinteria Avenue and Palm Avenue Intersection Improvements Project.

5. Authorize the Public Works Director to advertise the Notice Inviting Bids for the Linden Avenue Improvements Project – Carpinteria Avenue to Linden Avenue Overcrossing.

6. Authorize the Public Works Director to advertise the Notice Inviting Bids for the Former Venoco Oil Pipeline # 0470 Abandonment Project.

7. Authorize the Public Works Director to advertise the Notice Inviting Bids for the Via Real Stormwater Project.

8. Approve and adopt Resolution No. 6152, thereby approving the City Manager’s designation of the Assistant City Manager as City Manager pro tempore.

ADMINISTRATIVE MATTERS:

9. Local Hazard Mitigation Plan/Annex Update to Santa Barbara County MultiJurisdictional Hazard Mitigation Plan.

Recommendation: Receive and file the report and provide any feedback prior to final submittal to California Office of Emergency Services (CalOES) of the Draft City of Carpinteria Local Hazard Mitigation Plan Update/Annex Update to Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan.

Program Manager Uribe Mutal and Erika Leachman with Wood (present via Zoom) presented the staff report and PowerPoint presentation.

There was no public comment.

City Council Regular Meeting Minutes
August 8, 2022

Councilmember Alarcon recommended removing reference of the Seaside Shuttle from the Plan since it is no longer in operation.

Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to receive and file the report and provide feedback prior to final submittal to California Office of Emergency Services (CalOES) of the Draft City of Carpinteria Local Hazard Mitigation Plan Update/Annex Update to Santa Barbara County Multi-Jurisdictional Hazard Mitigation Plan. 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.

10. Electric Vehicle Charging Station Purchasing and Installation Agreement.

Recommendation: (1) Authorize the City Manager to execute an Electric Vehicle Charging Station Purchasing and Installation Agreement with EV Connect in an amount of $64,931. (2) Approve budget adjustments to reflect additional expense of $9,000 and revenue of $7,250.

Public Works Director Ilasin presented the staff report.

There was no public comment.

Motion by Vice Mayor Clark, seconded by Councilmember Lee, to (1) Authorize the City Manager to execute an Electric Vehicle Charging Station Purchasing and Installation Agreement with EV Connect in an amount of $64,931 and (2) Approve budget adjustments in the Resource Conservation Program to reflect an additional expense of $9,000 and revenues of $7,250. 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.

11. Acceptance of Grading, Onsite, and Offsite Improvements and Release of Bonds for Tract Map 25,196.

City Council Regular Meeting Minutes
August 8, 2022

Recommendation: Accept the grading, onsite, and offsite improvements for Tract Map 25,196 and authorize the City Manager to release Bond Nos. 6135004449, 6135006015, and 6135006024, in the amounts of $36,080.00, $105,069.25, and $53,825.00, respectively.

Public Works Director Ilasin presented the staff report.

Councilmember Lee identified a conflict of interest due to his house being within 500 feet of the project and recused himself and left the Council Chambers at 6:53 pm.

Public Works Director Ilasin stated Tract Map 25,196 is located on the northwest quadrant of the intersection of Ogan Road and Vallecito Place which was inadvertently omitted from the staff report.

There was no public comment.

Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to accept the grading, onsite, and offsite improvements for Tract Map 25,196 and authorize the City Manager to release the related financial guarantees. The roll call vote was as follows:

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

Councilmember Lee returned to the dais at 6:55 pm.

PUBLIC HEARING:

12. Options for implementing the Safe Parking Program in the City of Carpinteria.

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

City Manager Durflinger, Community Development Director Goggia, and Legal Counsel Acos presented the staff report and PowerPoint presentation.

Mayor Nomura opened the public hearing at 7:11 pm and being that there was no public comment, closed the public hearing at 7:11 pm.

Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to receive and file the report and direct staff to bring back administrative procedures and an appropriate City Council Regular Meeting Minutes
August 8, 2022

agreement with New Beginnings for a 2-year Safe Parking Pilot Program. The roll call vote was as follows:

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

13. Approval of the 2022 Capital Improvement Plan.

Recommendation: Adopt Resolution No. 6153, approving the 2022 Capital Improvement Plan.

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

Vice Mayor Clark left the Council Chambers at 7:24 pm and returned at 7:29 pm.

Mayor Nomura opened the public hearing at 7:33 pm and being that there was no public comment, closed the public hearing at 7:33 pm.

Motion by Councilmember Lee, seconded by Vice Mayor Clark, to adopt Resolution No. 6153, as read by title only, approving the 2022 Capital Improvement Plan. 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.

OTHER BUSINESS:

14. Resolution Supporting Reproductive Rights for Women.

Recommendation: Adopt Resolution No. 6154, supporting reproductive rights for women.

City Clerk Barrett presented the staff report.

Speakers in-person: Laura Flores
City Council Regular Meeting Minutes
August 8, 2022

Speakers via Zoom: Lisa Guravitz
Motion by Vice Mayor Clark, seconded by Councilmember Carty, to adopt Resolution No. 6154, as read by title only. The roll call vote was as follows:

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

15. Sheriff’s Department Annual Report on Law Enforcement Services.

Recommendation: Receive and file report.

Lt. Ugo “Butch” Arnoldi, Deputy Bryan Dickey, and Commander Brad Welch, all with the Santa Barbara County Sherriff’s Office presented the PowerPoint presentation.

There was no public comment.

Report received and filed.

16. 2022 Work Plan Status Report.

Recommendation: Receive and file the 2022 Work Plan Status report.

City Manager Durflinger, Assistant City Manager Ramirez, Administrative Services Director Maldonado, Community Development Director Goggia, Public Works Director Ilasin, and Parks, Recreation and Public Facilities Director Roberts presented the staff report and PowerPoint presentation.

There was no public comment.

Report received and filed.

LEGISLATIVE UPDATE:

City Manager Durflinger noted the usual attachments from the League of California Cities.

Councilmember Carty asked if SB 897 would apply to the City. City Manager Durflinger replied that the City would not qualify for SB 897 as the City does not have the minimum frequency of bus routes and/or rail travel.

City Council Regular Meeting Minutes
August 8, 2022

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY COUNCILMEMBERS: NONE

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the special City Council meeting of August 15th.

Councilmember Lee requested staff look into regulating electric bikes, in particular when kids are riding them. Mayor Nomura and Vice Mayor Clark concurred. City Manager Durflinger noted staff would do research to see what other cities are doing and bring back information to the City Council.

ADJOURNMENT
Mayor Nomura adjourned the meeting at 9:23 pm.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
City Council Minutes
Special Meeting
Monday, August 15, 2022
Virtual

CALL TO ORDER
Mayor Nomura called the meeting to order at 5:34 pm.

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

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

CITY COUNCIL BUSINESS:

The City Council met to discuss the following subject matter:

1. Adoption of Resolution No. 6155, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.

Recommendation: Adopt Resolution No. 6155, authorizing continued remote teleconference meetings of the City Council and Boards, Committees, and Commissions for a period of 30 days.

Motion by Vice Mayor Clark, seconded by Councilmember Carty, to adopt the staff recommendation.

City Council Special Meeting Minutes
August 15, 2022

City Manager Durflinger clarified that the staff recommendation was to adopt Resolution No. 6155, as read by title only.

Vice Mayor Clark modified the motion to adopt Resolution No. 6155, as read by title only.

Councilmember Carty 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
The modified motion carried unanimously.

PUBLIC COMMENT WILL BE HEARD CONCERNING ONLY THE AGENDIZED ITEMS

FOR THIS SPECIAL MEETING
There was no public comment.

ADJOURNMENT
Mayor Nomura adjourned the meeting at 5:46 pm.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 12, 2022

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning July 30, 2022 and ending September 02, 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 30, 2022 and ending September 02, 2022.

Warrant Register
September 02, 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
VANTAGEPOINT TRANSFER AGENTS- 457 08/11/2022 Regular 7229.21 101296 INV0003905 Invoice 08/11/2022 ICMA Employee Contributions INV0003906 Invoice 08/11/2022 ICMA Employee Contributions INV0003907 Invoice 08/11/2022 Deferred Compensation Contribution CARPINTERIA VALLEY WATER DISTRICT 08/18/2022 Regular 19659.77 101297 CARP CITY JUL22 SERVICE Invoice 08/17/2022 JUL22-WATER FOR MULTIPLE ADDRESSES ALEXIS PERSOON 08/25/2022 Regular 179.03 101298
INV0003958 Invoice 08/25/2022 REIMBURSEMENT FOR JG & SWIM TEAM SUPPLIES MARK ROCK 08/25/2022 Regular 248.19 101299
INV0003952 Invoice 08/25/2022 MEGA PHONES, BATTERIES & TOURNIQUETES FOR BEACH PATTY BOYD 08/25/2022 Regular 619 101300
INV0003953 Invoice 08/25/2022 REFUND CANDIDATE STATEMENT DEPOSIT SANTA BARBARA SWIM CLUB 08/25/2022 Regular 509.5 101301 INV0003957 Invoice 08/25/2022 SBSS SWIM MEET 08/28/22 TUITIONS SEIU LOCAL 620 08/25/2022 Regular 214.14 101302
INV0003946 Invoice 08/25/2022 Employee Union Dues Contribution UNITED WAY OF SANTA BARBARA COUNTY 08/25/2022 Regular 24 101303 INV0003947 Invoice 08/25/2022 Employee United Way Contribution VANTAGEPOINT TRANSFER AGENTS - 457 08/25/2022 Regular 5640.4 101304 INV0003938 Invoice 08/25/2022 ICMA Employee Contributions INV0003939 Invoice 08/25/2022 ICMA Employee Contributions INV0003940 Invoice 08/25/2022 Deferred Compensation Contribution WEX BANK (76) 08/25/2022 Regular 197.56 101305
83126755 Invoice 08/25/2022 AUG22 FUEL CHARGES
CROWN CASTLE TOWERS 06-2 LLC 09/01/2022 Regular 7900.76 101306 INV0003959 Invoice 09/01/2022 CROWN CASTLE SITE ID ATTSBE 36 PROJECT REFUND INV0003960 Invoice 09/01/2022 CROWN CASTLE SITE ID ATTSBE 35 PROJECT REFUND EXTRA SPACE STORAGE 09/01/2022 Regular 390 101307
4513 Invoice 09/01/2022 UNIT 0905 RENT 07 /23/22-08/23/22 VERONICA PEREZ (2) 09/01/2022 Regular 300 101308
INV0003970 Invoice 09/01/2022 REF 4 VET'S BLD AND CLEANING 7/30/22 PARADISE CHEVROLET 09/02/2022 Regular 143913.66 101309
143695 Invoice 09/02/2022 2 NEW VEHICLES FOR PUBLIC WORKS BENGAL ENGINEERING 08/04/2022 Virtual Payment 4700.63 APA000362 4873 Invoice 06/30/2022 DESIGN SERVICES FOR RINCON TRAIL THROUGH 06/30/22 CANNON 08/04/2022 Virtual Payment 2007.25 APA000363
80973 Invoice 06/30/2022 JUN22 PLAN CHECKS FOR FAITH LUTHERAN CHURCH 81109 Invoice 06/30/2022 JUN22 PLAN CHECKS FOR 700 LINDEN AVENUE 81110 Invoice 06/30/2022 JUN22 PLAN CHECKS FOR 6380 VIA REAL CANON FINANCIAL SERVICES INC 08/04/2022 Virtual Payment 1249.52 APA000364 28870275 Invoice 08/04/2022 JUL22 CHARGES FOR CANON 5760 & CANON B&W 6275 CITY OF SANTA BARBARA CD-RHMP 08/04/2022 Virtual Payment 4088.5 APA000365 07212022 Invoice 06/30/2022 4TH QUARTER FY21-22 RENTAL HOUSING MEDIATION COASTAL VIEW NEWS 08/04/2022 Virtual Payment 1236 APA000366 58660 Invoice 08/04/2022 8/1/22 OLAN NI NG COMMISSION
58661 Invoice 08/04/2022 HOUSING ELEMENT NOTICE ADVERTISING 07/14/22 58662 Invoice 08/04/2022 FORMULA BUSINESS MORATORIUM ADVERTISING 07/14/22 58671! Invoice 08/04/2022 PLANNING COMMISSION ADVERTISING 1/4 PAGE 07/14/22 58696 Invoice 08/04/2022 SAFE PARKING PROGRAM ADVERTISING 07/21/22 58697 Invoice 08/04/2022 ANNUAL CPIC MEETING ADVERTISING 07/21/22 58698 Invoice 08/04/2022 SANTA CRUZ ISLAND PROJECT PC ADVERTISING 07/21/22 DASH MEDICAL GLOVES 08/04/2022 Virtual Payment 324.1 APA000367 INV1267457 Invoice 08/04/2022 GLOVES FOR PUBLIC WORKS
INV1267489 Invoice 08/04/2022 GLOVES FOR PUBLIC WORKS
Warrant Register
Carpinteria, CA
Date Range: 07/30/2022 - 09/02/2022
Vendor Number Vendor Name Payment Date Payment Type Payment Amount Number Payable# Payable Type Post Date Payable Description
Bank Code: AP Bank-AP Bank
JAYNE DIAZ 08/09/2022 EFT 751.22 709
INV0003886 Invoice 08/01/2022 MEDICAL REIMBURSEMENT
LARRY DRIGGERS 08/09/2022 EFT 751.22 710
INV0003887 Invoice 08/01/2022 MEDICAL REIMBURSEMENT
MARY ANN COLSON 08/09/2022 EFT 751.22 711
INV0003885 Invoice 08/01/2022 MEDICAL REIMBURSEMENT
JAYNE DIAZ 09/01/2022 EFT 751.22 712
INV0003955 Invoice 09/01/2022 MEDICAL REIMBURSEMENT
LARRY DRIGGERS 09/01/2022 EFT 751.22 713
INV0003956 Invoice 09/01/2022 MEDICAL REIMBURSEMENT
MARY ANN COLSON 09/01/2022 EFT 751.22 714
INV0003954 Invoice 09/01/2022 MEDICAL REIMBURSEMENT
CALIFORNIA BUILDING STANDARDS COMM IS~ 08/04/2022 Regular 349.2 101281 INV0003818 Invoice 06/30/2022 FEE REMITTANCE (Q4 APR-JUN2022) DCME INC. 08/04/2022 Regular 23756.5 101282
1021 Invoice 06/30/2022 JUN22 PROJECT SERVICES FOR 2022 PAVE MAINTENANCE 1022 Invoice 06/30/2022 JUN22 PROJECT SERVICES FOR SKATEPARK DEPARTMENT OF CONSERVATION 08/04/2022 Regular 1618.04 101283 INV0003752 Invoice 06/30/2022 FEE REMITTANCE (Q4 JUL-SEP2022) LAURA HERNANDEZ 08/04/2022 Regular 6517.44 101284
INV0003878 Invoice 08/03/2022 PAYMENT FOR COBRA BENEFITS SANTA BARBARA COUNTY PUBLIC HEALTH DE 08/04/2022 Regular 5685 101285 07/25/2022 Invoice 08/04/2022 FY23 MANAGEMENT OF TOBACCO RETAILER PROGRAM l WEX BANK (76) 08/04/2022 Regular 287.73 101286
82744015 Invoice 08/04/2022 JUL22 FUEL FOR CITY VEHICLES WEX BANK {CHEVRON) 08/04/2022 Regular 1561.61 101287
82481183 Invoice 08/04/2022 JUL22 FUEL CHARGES
CLIFF ADAMS 08/11/2022 Regular 100 101288
R00013075 Invoice 08/11/2022 VETERANS'S BLD. RES. DEP REFUND 4 09/24/2022 DCME INC. 08/11/2022 Regular 37962.5 101289
1024 Invoice 08/11/2022 JUL22 PROJECT SERVICES FOR 2022 PAVEMENT MAINTENAN 1025 Invoice 08/11/2022 JUL22 PROJECT SERVICES FOR SKATEPARK EDUARDO TAFOYA 08/11/2022 Regular 312.38 101290
08/09/2022 Invoice 08/11/2022 VETRAN'S BLD RES.& CLEANING DEP REF 4 7/23/22 NANCY MENDOZA 08/11/2022 Regular 100 101291
08/09/2022 Invoice 08/11/2022 VETRAN'S BLD RES.& CLEANING DEP REF 4 7/16/22 SANTA BARBARA COUNTY CLERK OF THE BOA 08/11/2022 Regular 50 101292 CEQA FILING 2138 Invoice 08/11/2022 CEQA NOTICE OF EXEMPTION FILING FEE ST JOSEPH CATHOLIC CHURCH 08/11/2022 Regular 500 101293 07/25/2022 Invoice 08/11/2022 CLEANING DEPOSIT REFUND
SEIU LOCAL 620 08/11/2022 Regular 212.93 101294
INV0003914 Invoice 08/11/2022 Employee Union Dues Contribution UNITED WAY OF SANTA BARBARA COUNTY 08/11/2022 Regular 24 101295 INV0003916 Invoice 08/11/2022 Employee United Way Contribution DUDEK 08/04/2022 Virtual Payment 245 APA000368
202205503 Invoice 06/30/2022 JUN22 ENVIRONMENTAL SERVICES FOR RINCON MULTI-USE FORMS+ SURFACES 08/04/2022 Virtual Payment 32941.89 APA000369 D160889-01 Invoice 08/04/2022 NEW TRASH RECEPTACLES FOR CITY D161274-00 Invoice 08/04/2022 NEW TRASH RECEPTACLES FOR CITY (FY2023) GUARDIAN 08/04/2022 Virtual Payment 16322.27 APA000370
JUN22 PREMIUMS Invoice 06/30/2022 JUN22 PREMIUMS
MAY22 PREMIUMS Invoice 05/31/2022 MAY22 PREMIUMS
HDL SOFTWARE LLC 08/04/2022 Virtual Payment 2055.52 APA000371 SIN020129 Invoice 06/30/2022 JUN22 BL PROCESSING/RENEWALS, STR FILING FEES HOME DEPOT CREDIT SERVICES 08/04/2022 Virtual Payment 1245.74 APA000372 2121190 Invoice 06/30/2022 SMALL WATER HEATERS & HARDWARE FOR LIBRARY SINKS 6224781 Invoice 06/30/2022 WATER FILTER FOR PW YARD WATER STATION 8364105 Invoice 06/30/2022 SIGNS/STENCIL FOR SIGN REPLACEMENT 8511159 Invoice 06/30/2022 NEW CANOPIES FOR PUBLIC WORKS HR PERFORMANCE SOLUTIONS 08/04/2022 Virtual Payment 869.4 APA000373 INV-131449 Invoice 08/04/2022 FY22-23 PERFORMANCE PRO ANNUAL RENEWAL ISMAEL SORIANO 08/04/2022 Virtual Payment 228.75 APA000374 08/02/2022 Invoice 08/04/2022 CLEANING DEP.REF FOR 7/09/22 VETERAN'S BLD RESERVA JOEL RUDERMAN 08/04/2022 Virtual Payment 750 APA000375
06/30/2022 Invoice 06/30/2022 DESIGN & FURBISH NEW LIBRARY SERVICE DESK JUAN O'S MOBILE REPAIR 08/04/2022 Virtual Payment 1200 APA000376 1545 Invoice 06/30/2022 UNIT #B-2 FUEL INJECTOR TRACTOR REPAIR LEFTWICH ARCHAEOLOGY 08/04/2022 Virtual Payment 3097 APA000377 070822 Invoice 08/04/2022 JUL22 ARCHAEOLOGICAL & NATIVE AMERICAN MONITORING MCCORMIX CORP 08/04/2022 Virtual Payment 151.74 APA000378 995394 Invoice 08/04/2022 FUEL FOR CITY VEHICLES
MRS ENVIRONMENTAL INC 08/04/2022 Virtual Payment 3550 APA000379 600-2022-05 Invoice 06/30/2022 JUN22 OIL & GAS ON CALL ENVIRONMENTAL SERVICES ONE SOCCER SCHOOLS C/O JEFF JOHNSON 08/04/2022 Virtual Payment 100 APA000380 08/01/2022 Invoice 08/04/2022 CLEANING DEP. REF. FOR SOCCER TRAINING@VIOILA7/25- PACIFIC PLUMBING SPECIALITIES 08/04/2022 Virtual Payment 116.37 APA000381 8710-1 Invoice 08/04/2022 REGAL CLOSET REPAIR KIT (EXTRA PARTS) PERMACOLOR INC 08/04/2022 Virtual Payment 490.5 APA000382 2207288 Invoice 08/04/2022 REPAINTING OF BOOK DEPOSIT #2 BIN FOR LIBRARY SANSUM CLINIC 08/04/2022 Virtual Payment 50 APA000383
60709 Invoice 08/04/2022 NO SHOW FEE -E. LUTHARD
SHOWSCAPES 08/04/2022 Virtual Payment 475 APA000384
388330032 Invoice 08/04/2022 IRRIGATION REPAIRS VISITOR CENTER - DOWNTOWN T SO CA EDISON 08/04/2022 Virtual Payment 8799.16 APA000385 JUL22 700247140684 Invoice 08/04/2022 ELECTRICITY-1 CARPINTERIA TCl JUL22 700291369452 Invoice 08/04/2022 ELECTRICITY-MULTIPLE LOCATIONS JUL22 700465507084 Invoice 08/04/2022 ELECTRICITY-4950 9TH ST BT HM STAPLES ADVANTAGE 08/04/2022 Virtual Payment 469.87 APA000386 3512987637 Invoice 08/04/2022 HR EMPLOYEE FOLDERS & INK FOR PW PRINTER SWEEPING CORP OF AMERICA 08/04/2022 Virtual Payment 18239.07 APA000387 69312VS Invoice 08/04/2022 JUL22 STREET SWEEPING SERVICE THE FLAG FACTORY 08/04/2022 Virtual Payment 492.14 APA000388 30719 Invoice 08/04/2022 FLAG RETAINER RING & CLIPS FOR DOWNTOWN T POLE WEST COAST ARBORISTS INC 08/04/2022 Virtual Payment 5676.2 APA000389 188367 Invoice 08/04/2022 TREE MAINTENANCE 07/1/22-07/15/22 ACCESS CONTROL SECURITY INC. 08/11/2022 Virtual Payment 532.13 APA000390 0048605 Invoice 08/11/2022 SECURITY AT VETS HALL EVENT 7/16 & 7/23/22 ADVANTAGE TELECOM 08/11/2022 Virtual Payment 97.62 APA000391 7 7 137798 Invoice 08/11/2022 AUG22 EMERGENCY PHONE LINE SERVICES ALL LANGUAGES INTERPRETING & TRANSLATI 08/11/2022 Virtual Payment 1500 APA000392 28885 Invoice 08/11/2022 2 SPANISH INTERPRETERS FOR COUNCIL 07/11 &07/25/22 A-Ok POWER EQUIPMENT 08/11/2022 Virtual Payment 880.85 APA000393 666016 Invoice 08/11/2022 BATTERY OPERATED HEDGETRIMMER & CHARGER BIG GREEN CLEANING COMPANY 08/11/2022 Virtual Payment 270 APA000394 ; 606572 Invoice 08/11/2022 EMERGENCY CLEAN-UP AT 9TH ST RESTROOM 07/10/22 607934 Invoice 08/11/2022 CLEANING OF CORNER@ CARP AVE & EUGENIA 07/22/22 CARPINTERIA VALLEY LUMBER CO 08/11/2022 Virtual Payment 903.43 APA000395 480006 Invoice 06/30/2022 SAFETY GLOVES FOR PT MAINTENANCE WORKER 480357 Invoice 06/30/2022 MISC. HARDWARE FOR STREET SIGNS 480376 Invoice 06/30/2022 BRACKETS FOR TUFFSHED
480406 Invoice 06/30/2022 2 X 12 X 8 WOOD FOR TUFF SHED 480407 Invoice 06/30/2022 MISC. HARDWARE, TAPE, LAMPHOLDER FOR POOL 480474 Invoice 06/30/2022 HEAVY DUTY STAPLES FOR SIGN REPLACEMENT 480588 Invoice 06/30/2022 CEILING STAPLES, JELLY-NAVAL DURO, WD40 FOR LG TWR 480649 Invoice 06/30/2022 SCREWDRIVER, MISC HARDWARE & HOOKS FOR LG TOWER 480693 Invoice 06/30/2022 SOCKET PLATE, ELECTRICAL SUPPLIES FOR LG TOWER 480816 Invoice 06/30/2022 WASHERS FOR PARKS
480874 Invoice 06/30/2022 MASTERLOCK FOR LG TOWER
481045 Invoice 06/30/2022 HOOKS, EPOXY, & WHEEL HANDLE FOR LG TOWER 481053 Invoice 06/30/2022 5/8" DRYWALL FOR LIBRARY
481071 Invoice 06/30/2022 5/8" DRYWALL FOR LIBRARY
481744 Invoice 06/30/2022 SHOVELS FOR PWS
481854 Invoice 06/30/2022 2X8X8 WOOD FOR BEACHES
482017 Invoice 06/30/2022 STAPLE GUN & STAPLES
482230 Invoice 06/30/2022 HEAVY DUTY STAPLES FOR SIGN REPLACEMENT 482246 Invoice 06/30/2022 SHACKLE FOR UNIT #324 BACKHOE 482358 Invoice 06/30/2022 ADAPTORS, TUBES, FITTINGS, MOUNT TAPE FOR LIBRARY 482405 Invoice 06/30/2022 WOOD & HARDWARE FOR BEACHSTORE REPAIR COASTAL VIEW NEWS 08/11/2022 Virtual Payment 1125 APA000396 58702 Invoice 08/11/2022 CIP ADOPTION ADVERTISING 07/28/22 58724 Invoice 08/11/2022 SANTA MONICA CREEK CLEAN UP ADVERTISING 07/28/22 58725 Invoice 08/11/2022 DISTRICT ELECTIONS FORUM ADVERTISING 07/28/22 COX BUSINESS 08/11/2022 Virtual Payment 785 APA000397
AUG22 001 3011 022093901 Invoice 08/11/2022 AUG22 001 CITY HALL TV & iNTERNET SERVICE AUG22 001 3011 028030701 Invoice 08/11/2022 AUG22 -COMMUNITY POOL INTERNET & PHONE SERVICE EVERYWHERE RIGHT NOW 08/11/2022 Virtual Payment 1867.5 APA000398 3222 Invoice 08/11/2022 JUL22 WEBSITE PROGRAMMING FOR CITY WEBSITE 3223 Invoice 08/11/2022 JUL22 WEBSITE PROGRAMMING FOR LIBRARY FRONTIER COMMUNICATIONS 08/11/2022 Virtual Payment 231.48 APA000399 AUG22 209-188-2500-06158! Invoice 08/11/2022 AUG22 PHONE & INTERNET SERVICES FOR LG TOWER GOGOV 08/11/2022 Virtual Payment 7200 APA000400
22-227 Invoice 08/11/2022 FY23 CODE ENFORCEMENT SOFTWARE SUBSCRIPTION GRACENOTE 08/11/2022 Virtual Payment 71.31 APA000401
9747088581 Invoice 08/11/2022 AUG22 LISTING DISTRIBUTION SERV JOE GONZALEZ WELDING 08/11/2022 Virtual Payment 1785 APA000402 61346 Invoice 08/11/2022 WELD & REPAIR BOOK DROP BOX FOR LIBRARY LAWSON PRODUCTS INC 08/11/2022 Virtual Payment 449.91 APA000403 9309733547 Invoice 08/11/2022 PHIL SCREW, HEX NUT SCREW, HEX HEAD SCREW, CARRIAG LIN CONSULTING INC. 08/11/2022 Virtual Payment 6221.44 APA000404 14787R Invoice 08/11/2022 JUL22 DESIGN SERVICES FOR CIP PROJECTS MISSION UNIFORM SERVICE 08/11/2022 Virtual Payment 710.37 APA000405 517289311 Invoice 06/30/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 06/27/22 517332964 Invoice 08/11/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 7/4/22 517371805 Invoice 08/11/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 7/11/22 517416800 Invoice 08/11/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 7/18/22 517458791 Invoice 08/11/2022 MAT REPLACEMENT, UNIFORM CLEANING SERVICE 7/25/22 517458792 Invoice 08/11/2022 TOWEL AND MAT REPLACEMENT AT CITY HALL 7/25/22 SHOWSCAPES 08/11/2022 Virtual Payment 405 APA000406
388330083 Invoice 08/11/2022 DOWNTOWN T FLOWER COLOR CHANGE OUT 07 /01/22 SO CA EDISON 08/11/2022 Virtual Payment 10289.39 APA000407 JU L22 700201069122 Invoice 08/11/2022 ELECTRICITY-101 ASH AVE JU L22 70023054 7624 Invoice 08/11/2022 ELECTRICITY-5103 CARPINTERIA AVE JUL22 700255596559 Invoice 08/11/2022 ELECTRICITY-100 LINDEN AVE JUL22 700264659490 Invoice 08/11/2022 ELECTRICITY-1115 LINDEN B PED JUL22 700274833982 Invoice 08/11/2022 ELECTRICITY-901 CACTUS LN EV EV JUL22 700405192484 Invoice 08/11/2022 ELECTRICITY-MULTIPLIPLE LOCATIONS JUL22 700477662295 Invoice 08/11/2022 ELECTRICITY-901 CACTUS LN LGHT JUL22700525378417 Invoice 08/11/2022 ELECTRICITY-931 WALNUT AVE & 4851 5TH ST JU L22 700604 790697 Invoice 08/11/2022 ELECTRICITY-CAPP AV/CST 609 SO CAL GAS 08/11/2022 Virtual Payment 1641.18 APA000408 AUG22 006 514 2700 7 Invoice 08/11/2022 NATURAL GAS-5305 CARPINTERIA AVE APT B (POOL) AUG22 014 914 3239 7 Invoice 08/11/2022 NATURAL GAS-5103 CARPINTERIA AVE (FRIENDS OF LIBR) AUG22 016 913 9500 6 Invoice 08/11/2022 NATURAL GAS-5775 CARPINTERIA AVE (CITY HALL) AUG22 140 914 3084 4 Invoice 08/11/2022 NATURAL GAS-941 WALNUT AVE (VETS HALL) SOLID WASTE SOLUTIONS INC 08/11/2022 Virtual Payment 1239.5 APA000409 192 Invoice 08/11/2022 ANNUAL REPORT PREP & CALRECYCLE GRANT STAPLES ADVANTAGE 08/11/2022 Virtual Payment 547.54 APA000410 3513064770 Invoice 08/11/2022 TONER FOR R. ALONZO PRINTER 3513333989 Invoice 08/11/2022 COPY PAPER & COFFEE FILTERS FOR CITY HALL SUN COAST RENTALS 08/11/2022 Virtual Payment 800 APA000411 54240 Invoice 08/11/2022 FORKLIFT RENTAL FOR RODS & ROSES EVENT TKM ENGINEERING 08/11/2022 Virtual Payment 5927.5 APA000412 1101 Invoice 08/11/2022 JUL22 6380 VIA REAL PLAN SET REVIEW 1102 Invoice 08/11/2022 JUL22 PARKLET PERMIT PROGRAM SERVICES 1103 Invoice 08/11/2022 JUL22 TRAFFIC SIGNAL TIMING SERVICES 1104 Invoice 08/11/2022 JUL22 700 LINDEN PLAN SET REVIEW WEST COAST ARBORISTS INC 08/11/2022 Virtual Payment 12524 APA000413 185130 Invoice 06/30/2022 TREE MAINTENANCE 04/16/22-04/30/22 WOOD ENVIRONMENT & INFRASTRUCTURE s, 08/11/2022 Virtual Payment 562.5 APA000414 S58583487 Invoice 08/11/2022 LOCAL HAZARD MITIGATION PLAN THROUGH 07/01/22 ZWORLD GIS 08/11/2022 Virtual Payment 2977 APA000415
2022-0292 Invoice 08/11/2022 AUG22 MAPPING/GIS SERVICES ALOE UP 08/18/2022 Virtual Payment 192 APA000608
237003 Invoice 08/18/2022 SUNSCREEN FOR RESALE AT BEACH STORE AMERICAN AUTOMATIC DOORS INC 08/18/2022 Virtual Payment 853.51 APA000609 32451 Invoice 08/18/2022 DOOR REPAIR AT CITY HALL
ANIMAL MEDICAL CLINIC 08/18/2022 Virtual Payment 2071.26 APA000610 313535 Invoice 08/18/2022 JUL22 EMERGENCY OUT OF CONTRACT VET SERVICES 313645 Invoice 08/18/2022 JUL22 SERVICES FOR STRAY DOG UNDER CITY CARE 315102 Invoice 08/18/2022 JUL22 DOG LICENSING ISSUANCE
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COUNCIL AGENDA STAFF REPORT
September 12, 2022

ITEM FOR COUNCIL CONSIDERATION
Acceptance of Monetary Donation from C-DOG for the purpose of purchasing dog waste bag dispensers and receptacles as a part of a pilot program.

STAFF RECOMMENDATION
Accept the cash donation.

Sample Motion: I move to accept the monetary donation in support of a pilot neighborhood dog waste bag dispenser and receptacle program.

BACKGROUND
The Carpinteria Dog Owners Group (C-DOG) organization has contacted the City of Carpinteria about its concern that there are insufficient waste receptacles along neighborhood routes where residents take their dogs on walks, and proposal to make a donation for public improvements for addressing the concern.

C-DOG offered to reimburse the City for the cost of two receptacles that dispense waste bags and have an attached container for used waste bags. C-DOG has also enlisted the nonprofit organization, Carpinteria Beautiful, to service the waste receptacles including emptying them appropriately and keeping them clean. Two locations being considered on Ogan Road and Casitas Pass where the dispenser/receptacles would be located are within the Carpinteria Beautiful Adopt-A-Spot program service routes.

DISCUSSION
Should the Council determine to accept the donation, the City would proceed with a pilot program to establish waste bag dispensers with dog waste receptacles at optimal locations to be identified with the Public Works Supervisor for placement along Ogan Road and along Casitas Pass Road in the public right of way. The exact locations have not been determined.

The dispenser/receptacles identified are SKU: depot-022-B-GRN. (See attachment B) Acceptance of Monetary Donation from C-DOG
September 12, 2022

7 7
I
This pilot program purpose is to benefit residential neighborhoods by addressing environmental concerns of keeping animal waste out of sidewalks, lawns, creeks, the Salt Marsh and the ocean.

In the past, large trash cans were available along Casitas Pass but they were subject to misuse and vandalism and were removed as after becoming a nuisance. City-provided waste receptacles are usually preferred along commercial, and transportation corridors and not residential neighborhoods under the assumption that individuals procure short walks and return to their nearby homes where individual trash bins are available.

At the end of the pilot program, an evaluation, including a request for public feedback, will be made and next steps will be proposed and considered.

POLICY CONSISTENCY
It is the City's practice for the City Council to consider whether or not to accept donations. Acceptance of the donation in support of the pilot program described can be found consistent with the City's interest in maintaining safe and health residential neighborhoods.

FINANCIAL CONSIDERATIONS
The two receptacles will be purchased by the Public Works department and reimbursed in a timely manner by The Carpinteria Dog Owners Group (C-DOG) nonprofit organization.
t LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City has the authority and may use its discretion in determining whether or not to accept donations.

OPTIONS

1. Accept the cash donations.

2. Not accept the cash donations.

PRINCIPAL PARTIES EXPECTED AT MEETING
A representative of the board of C-DOG (Carpinteria Dog) A representative of the board of Carpinteria Beautiful.

GDrive\Olivia\Other\CDOG\C-Dog Donation.docx
Acceptance of Monetary Donation from C-DOG
September 12, 2022

ATTACHMENTS
Attachment A: Letter from C-DOG offering monetary donations for the placement of two Dog Waste Stations.

Attachment B: Dispenser/receptacles to be donated by C-D4O 1 Staff contact: Olivia Uribe Mutal __::f- -
(805) 755-4401, [email protected] , rt: =
Reviewed by: Dave Dur/linger, City Manager -b --}JI \ = (805) 755-4400, [email protected]~ afure ........

GDrive\Olivia\Other\CDOG\C-Dog Donation.docx

ATTACHMENT A
~OG
Carpinteria Dog Owners Group
September 9, 2022
Olivia Uribe Mutal
City of Carpinteria
Program Manager
Reference: Waste/Bag Dispenser Donation
Hello Olivia:

As discussed, C-DOG would like to donate two (2) Dog Waste/Bag Stations to be placed along Ogan Road and Casitas Pass Road in locations approved by the Public Works Director.

The units are available from: https://dogwastedepot.com/dog-waste-station The unit description is:

SKU: Depot-022-B-GRN (NOTE: This is a different SKU than I gave you earlier) Matt Green
ONEpul Header Bag System
Round can
Solar light (if zoning isn't an issue) Additional $14.99 Cost of 2 units with light: $589.96
Carpinteria Beautiful has agreed to collect the waste in a timely way.

Let me know if you need additional information.

Sincerely,
Van Fleisher,
President
C-DOG, Inc
Carpinteria Dog Owners Group
•••• 4924 Sawyer Avenue, Carpinteria, CA 93013 • www.C-DOG.org [email protected] I [email protected] I 805-668-3366

ATTACHMENT B
Attachment B:

Dispenser/receptacles to be donated by C-DOG
SKU: depot-022-B-GRN
yp of Dispens r: ONEpul H ad r B g System
Typ of Can: Round (Most Popular)
St tion Color: M tt Gre n {Most Popular)
Add Sol r Light: Yes, add Sot r Light-$14.99. ~r
station
$294.98

DOG WASTE

STATION
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IITII TOIi DIC
ti
dog wane bags
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City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 12, 2022

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6159, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.

STAFF RECOMMENDATION
Adopt Resolution No. 6159, 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. 6159, 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 from a remote location 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 that at least a quorum of the legislative body 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 teleconference meetings of the City Council and Boards, Committees, and Commissions.

AB 361 Findings - Remote Teleconference Meetings
September 12, 2022

DISCUSSION
l
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.

Even though the case positivity rate has lowered 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 No. 6159, authorizing virtual or hybrid attendance of meetings through October 12, 2022.

Through September 1, 2022, the community risk level in the county is ranked as "low," as defined by the Centers of Disease Control and Prevention and the Santa Barbara County Public Health Department reports a continued high level of virus transmission in the community. The total number of new weekly reported cases per 100,000 people in the county through September 1, 2022 is 193.06, compared to 251.06 on August 4, 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
1 .

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, Resolution No. 6149 on July 25, 2022, and Resolution No. 6155 on August 15, 2022 finding the requisite conditions exist for the council and subordinate boards, committees and commissions to conduct teleconference 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 1 Health Officials AB 361 Social Distance Recommendation Issued on September 28, 2021 by the Santa Barbara County Public Health Department (See Exhibit 1 of attached Resolution No. 6159).

G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-12-22\AB 361 Findings\Remote Meetings SR.docx AB 361 Findings - Remote Teleconference Meetings
September 12, 2022

good governance.

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. 6159 would require meetings to be held only 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. 6159, authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions.

2. Decline to adopt Resolution No. 6159 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. 6159
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-12-22\AB 361 Findings\Remote Meetings SR.docx AB 361 Findings - Remote Teleconference Meetings
September 12, 2022

ATTACHMENT A
Resolution No. 6159
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-12-22\AB 361 Findings\Remote Meetings SR.docx RESOLUTION NO. 6159

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 low community risk level as of September 1, 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. 6159
Page2
WHEREAS, the City Council adopted Resolution No. 6142 on June 27, 2022, Resolution No. 6149 on July 25, 2022, and Resotution No R1!ifi on A11gw;t 1!i, ?0?? 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 continues to warrant 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 officials and the public to meet safely in person, in part due to the small size and enclosed nature of the City Council chambers, which function to 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.
1 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 12th day of September, 2022, by the following vote:

Resolution No. 6159

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST:

Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on September 12, 2022.

Brian C. Barrett, CMC, City Clerk
City of Carpinteria
APPROVED AS TO FORM:

Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Resolution No. 6159
Page4
l
EXHIBIT 1 TO RESOLUTION NO. 6159
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, MO, 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. er
County of Santa Barbara
Van~D
Public Health Director
County of Santa Barbara
Healthy people, healthy community, healthy environment.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 12, 2022

ITEM FOR COUNCIL CONSIDERATION
Authorization for the City Manager to execute an Agreement with Cannon Corporation to provide consulting design services for the 2022 Pavement Rehabilitation Project (includes the whole or segments of Byrnes Lane, Callejon Drive, Cameo Road, Dorrance Way, El Carro Lane, Retorno Drive, Star Pine Road, and Vallecito Road).

STAFF RECOMMENDATION
Authorize the City Manager to execute an Agreement with Cannon Corporation to provide consulting design services in an amount not-to-exceed $611,028 for the 2022 Pavement Rehabilitation Project.

Sample Motion: I move to authorize the City Manager to execute an Agreement with Cannon Corporation to provide consulting design services in an amount not-to-exceed $611,028 for the 2022 Pavement Rehabilitation Project.
(The motion requires a roll call vote.)

BACKGROUND
On May 27, 2022, staff presented the following street selection list of the 2022 Pavement Rehabilitation Project to the Public Facility Site Acquisition/Development Committee for recommendation to the City Council:

Street Selection List
Street Name Block Begin Limit End Limit
Byrnes Lane 1200 End Cameo Road
Calleion Drive 5500 Concha Loma Drive End
Cameo Road 5500 La Brea Lane Casitas Pass Road
Dorrance Way 4700 Ash Avenue Holly Avenue Intersection
Dorrance Way 4700 to 4800 Holly Avenue Intersection Elm Avenue Dorrance Way 4900 Elm Avenue Linden Avenue
El Carro Lane 4500 to 4600 Santa Ynez Avenue Azalea Drive Intersection El Carro Lane 4700 Azalea Drive Intersection Sterling Avenue Agreement with Cannon Corporation for the 2022 Pavement Rehabilitation Project September 12, 2022

1 I
RP.torno Drive 5500 Concha Loma Drive South end
Star Pine Road 5300 East end Vallecito Road
Vallecito Road 1000 to 1100 North end Carpinteria Avenue The Committee concurred with the street selection list.

The general scope of work of the project would include pavement rehabilitation, pedestrian facility upgrades (e.g. curb ramps and sidewalks) as needed for compliance with the Americans with Disabilities Act, and drainage improvements. The project will also incorporate technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of pavement maintenance through material choice and construction method.

The purpose of this agenda matter is for the City Council to authorize the City Manager to execute an agreement with Cannon Corporation to provide consulting design services for the 2022 Pavement Rehabilitation Project.

DISCUSSION
On June 23, 2022, staff issued a Request for Proposal (RFP) for Consulting Design Services. The RFP was issued for a period of three weeks. No proposals were received.

On July 21, 2022, staff reissued the RFP, and proposals were received from the following firms:

Firm Name (alphabetical order)
Cannon Corporation (San Luis Obispo, CA)
Encompass Consultant Group, Inc. (Camarillo, CA)
Lewis Engineering (Ventura, CA)
Staff conducted a qualifications-based selection (QBS) process as the basis of procuring professional or consulting services. OBS is a competitive, contract procurement process whereby consulting firms initially submit a proposal of its qualifications and the proposed scope of work and schedule to a procuring entity (e.g. City) who evaluates and selects the most qualified firm, and then negotiates the consultant fee. The QBS process is consistent with California Government Code Section 4525 et al. for procuring professional or consulting services of private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management firms.

Staff evaluated the proposals, and staff determined Cannon Corporation to be responsive to the RFP including demonstrating high level experience, qualifications, and favorable reference checks; and understanding of the City's needs. Staff requested for a fee proposal from Cannon Corporation. There are no City standard or regulatory criteria in negotiating fee for professional or consulting services. Negotiation is typically to agree on scope of work, personnel, and level of effort hours; and be under the initial design cost estimate. Staff determined the fee to be fair and reasonable.

A summary of the proposed tasks is as follows:

Agreement with Cannon Corporation for the 2022 Pavement Rehabilitation Project September 12, 2022

1. Project management

2. Preliminary design

3. Final design

4. Public outreach support

5. Engineering support services during construction
A copy of the proposed Agreement with Cannon Corporation including details of the proposed tasks is shown as Attachment A

POLICY CONSISTENCY
The project is consistent with the policy of establishing a program that monitors and effectuate improvements on roadways in accordance with the Circulation Element of the City General Plan and Local Coastal Plan.

FINANCIAL CONSIDERATIONS
The project is budgeted in the Adopted Fiscal Year 2022/23 Budget in which a combination of Measure A, Measure X, and Senate Bill 1 Road Maintenance & Rehabilitation Account (RMRA) funds will be used.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with the California Government Code Section 4525 et al. for procuring professional or consulting services.

OPTIONS

1. Authorize the execute an Agreement with Cannon Corporation to provide consulting design services in an amount not-to-exceed $611,028 for the 2022 Pavement Rehabilitation Project. (Staff recommendation)

2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate; however, non-action would delay the project.

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

ATTACHMENTS
Attachment A: Agreement
Staff contact:

John L. Ilasin, Public Works Director
[email protected]; (805) 880-3402 ~,gna
-t~ ure
Agreement with Cannon Corporation for the 2022 Pavement Rehabilitation Project September 12, 2022
Page4
Reviewed by:

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

ATTACHMENT A
Agreement

THIS PAGE INTENTIONALLY LEFT BLANK

AGREEMENT FOR CONSULT ANT SERVICES
Design Services for 2022 Pavement Rehabilitation Project No. 15132 THIS AGREEMENT FOR CONSULT ANT SERVICES ("Agreement") is made and effective as of the 12th day of September , 2022 by and between the City of Carpinteria, a municipal corporation ("City"), and Cannon Corporation ("Consultant") (collectively, the "Parties") at Carpinteria, California, with reference to the following facts:

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

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

1. SERVICES.

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

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

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

2. PERFORMANCE.

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

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

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

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

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

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

4. COMPENSATION.

4.1 Basic Services. For Basic Services, City shall pay Consultant on a time and materials basis, not to exceed amount of Six Hundred Eleven Thousand Twenty Eight Dollars ($611,028.00) as full compensation for all labor, materials, equipment, tools, transportation, and Services. This compensation shall be paid in accordance with the payment rates and schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based on the actual time spent on the tasks and the actual price of the necessary materials.
2 4.2 Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Basic Services, unless such Additional Services are authorized in advance and in writing in the method provided for herein. Consultant will submit fee estimates for such Additional Services upon request of City.

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

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

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

5. RECORDS.

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

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

5.3 Original Records. Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, 3 =
notes, and other work, materials or documents prepared or used to prepare Consultant's work product in the course of providing the Services pursuant to this Agreement ("Consultant Work Product") shall become the sole property of City once the Consultant has received payment. City may duplicate, disclose, disseminate, use, reuse or otherwise dispose of Consultant Work Product in whole or in part in any manner it deems appropriate, without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at Consultant's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may retain copies of such Consultant Work Product as a part of its record of professional activity.

6. TERMINATION.

6.1 6.2
Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other party. In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure of the breaching party to correct within five (5) days of receiving such notice, based upon the occurrence of any of the following events:
■ Material breach of this Agreement;
■ Cessation of Consultant to be licensed, as required;
■ Failure to substantially comply with any applicable federal, state or local law or regulation;
■ Filing by or against Consultant of any petition under any law for the relief of debtors; and,
■ Filing of a criminal complaint against Consultant for any crime, other than minor traffic offenses.

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

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

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

9. INDEMNIFICATION.

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

10. RELEASE OF INFORMATION.

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

10.2 Notice and Cooperation. Consultant shall promptly notify the City Manager and City Attorney in writing if Consultant, its officers, employees, agents, subcontractors or subconsultants are served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person or party related to this Agreement and/or Consultant's related Services. City has no obligation to, but may exercise discretion to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide the City an opportunity to review any response to 5 ...,
r
discovery requests provided by Consultant. However, City's right to review any such response does not grant or imply a right of City to control, direct, dictate or rewrite said response .

11. RELATIONSHIP TO CITY.

11.1 Independent Contractor. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

11.2 No Employee Privileges. No City employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages or other compensation to Consultant for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing Services hereunder.

11.3 Consultant Duty to City. Consultant understands and agrees that its responsibility to provide complete and accurate Services is owed solely to City and that its accountability under this contract shall likewise be solely to City and not to any City applicants or any other third person or entity.

11.4 Interest of Consultant. Consultant represents and warrants to City that it presently has no interests, and covenants that it shall not acquire any interests, direct or indirect, financial or otherwise, which would conflict with the performance of the services to be provided by Consultant under this Agreement. Consultant further covenants that, in the performance of this Agreement, no subcontractor or employee having such an interest shall be employed by Consultant. Consultant certifies that no one who has or will have any financial interest under this Agreement is: (a) an officer or employee of City, or (b). an officer or employee of the applicant and any of its consultants. Consultant agrees to comply with any applicable conflict of interest code.

11.5 Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Consultant or any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
6 11.6 Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Consultant and will not confer any rights upon any person not expressly a party to this Agreement.

12. GENERAL PROVISIONS.

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

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

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

To City:

Dave Durflinger, City Manager
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013-2698
P: (805) 684-5405
F: (805) 684-5304
To Consultant:

Larry Kraemer, Director, Public Infrastructure
Cannon Corporation
1050 Southwood Drive
San Luis Obispo, CA 93401
P:(805) 544- 7407
F:(805) 544-3863
Any party may change their address for the purpose of this paragraph by giving the other party written notice of the new address in the above manner.

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

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

12.6 Labor Conditions. City is a public entity in the state of California, and therefore, City and Consultant are subject to the provisions of the Government Code and the Labor Code of the state of California. All provisions of law applicable to public contracts and/or this 7 = 3
Agreement are incorporated herein by this reference and are made a part of this Agreement to the same extent as if they were fully stated in the Agreement and shall be complied with by Consultant.

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

12.8 Discrimination. No person shall be excluded from employment in the performance of this Agreement on the grounds of race, creed, color, sex, age, marital status, sexual orientation or place of national origin. Consultant shall comply with all local, state, and federal laws relating to equal employment opportunity rights.

12.9 Assignment. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City, which shall have the sole discretion to consent to any proposed assignment. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.

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

No waiver shall be binding unless executed in writing by the party making the waiver.

12.11 Force Majeure. Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

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

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

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

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

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

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

IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY"
City of Carpinteria
"CONSULTANT"
Cannon Corporation
By: _
David Durflinger, City Manager
By: _
Larry Kraemer, Director, Public Infrastructure
APPROVED AS TO FORM:

City of Carpinteria
By: _
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
9 I

EXHIBIT A

TASKS TO BE PERFORMED
10 ~on
September 6, 2022
Mr. John L. Ilasin, PE
Public Works Director/City Engineer
City of Carpinteria Public Works Department
5775 Carpinteria Avenue
Carpinteria, CA 93013
PROJECT: 2022 PAVEMENT REHABILITATION PROJECT CONSULTING DESIGN SERVICES PROPOSAL Dear Mr. Ilasin:

The City of Carpinteria (City) identified eight streets needing immediate attention due to Pavement Condition Indexes (PCI) ranging from 26 (failed pavement) to 48 (poor pavement).

The City needs to install a quality, long-lasting pavement surface while still reducing overall costs and impacts to neighboring homes and businesses and preserving resources.

Each street segment has distinct existing factors to consider, including surrounding residential communities, adjacent elementary school and school crossings, and a neighboring shopping center, that our team is ready to assess. We can provide alternatives to traditional road rehabilitation, such as full depth reclamation (FDR) and crack and seat processes, that eliminate pavement removal and discarding waste and save resources, time, and money.

Our team, including our geotechnical subconsultant Earth Systems Pacific, has provided similar services for the City since 2015. Most recently, we provided design and construction support services for the 2019 Pavement Rehabilitation Project for the City (read more about this project on page 8. We will build on this experience and continue to deliver the best possible project on time and on budget.

Our team is ready to get started on your project immediately. We are available to further discuss this proposal through the contact methods provided below. The quoted hours are valid for 60 days from this date and are based upon current California Prevailing Wages.

Sincerely,,,./
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G,i)tV SqJ ona, PE
r'~blic Works Manager
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EXECUTIVE SUMMARY

FIRM BACKGROUND
Cannon has been headquartered locally for more than 46 years, providing construction management, design, and survey services for Central Coast and Southern California municipalities and agencies, including the City of Carpinteria (City). As part of the City's oncall consultant team, we will continue to hone our understanding of City functions and expand our means of providing excellent customer service.

Our team offers expertise the following services relevant to the City's project:
• Project Management
• Preliminary and Final Design
• Soils investigation
• Topographic mapping
• Field investigation and data collection
• Utility Company Coordination and Utility Facility Positive Location • Preliminary plans, Specifications, Estimate, and SWPPP

PROPOSED SERVICE ORGANIZATION
Our assembled team, as shown in Table 1, brings paving rehabilitation expertise and has worked on a range of street improvement projects, including the 2019 Pavement Rehabilitation Project for the City of Carpinteria, the Measure K Rehabilitation Projects and North Oak Park Boulevard Rehabilitation for the City of Grover Beach, and Magnolia Avenue Sidewalk Infill Project for the City of Goleta. We have a long-standing history of working with our selected subconsultants, Earth Systems (geotechnical) and C Below (utility locating and potholing).
, Anthony Severy, PE I Project Manager
~ Gary Solsona.Pli, QSD - ~ Principal-in-Charge and QA_9.C 1 Todd Bartolome, PE, QSD I Constructability Review
LBurl V. Steud_e, PLS - ---+- 1-survey _ _ _ _,

QUALIFICATIONS
Cannon has had the opportunity to build professional relationships with many cities, counties, and local agency representatives throughout California. Eighty percent of our firm's business is from repeat clients who trust in our integrity, as well as our professional competence. We have the expertise, experience, and capabilities to meet your needs as demonstrated in the qualifications section of this proposal. 1050 Southwood Drive, San Luis Obispo, CA 93401
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TECHNICAL APPROACH
Through researching this project, we have developed several specific considerations to meet the City's needs that are outlined in on page 9 of this proposal. We will provide the following professional design and engineering services:
• Project Management
• Preliminary and Final Design
• Soils investigation
• Topographic mapping
• Field investigation and data collection
• Utility Company Coordination and Utility Facility Positive Location • Preliminary plans, Specifications, Estimate, and SWPPP

SCHEDULE OF WORK
Our proposed preliminary project schedule is shown on the table below.

Projected
Event Duration Date
NTP 9/12/22
Estimated Kickoff Meeting 1 day 9/19/2022
Geotechnical Investigation 6 weeks 10/31/2022
Topographical Survey 7 weeks 11/7/2022
30% PS&E & SWPPP 10 weeks 1/16/2023
City Review 3 weeks 2/6/2023
60% PS&E & SWPPP 7 weeks 3/27/2023
City Review 3 weeks 4/17/2023
90% PS&E & SWPPP 6 weeks 5/29/2023
City Review 3 weeks 6/19/2023
Final PS&E & SWPPP 5 weeks 7/24/2023

ESTIMATED HOURS
Through researching this project, we have developed estimated hours for each major task to complete the scope of work (summarized below). See appendix for detailed hours summary. • Total estimated Cannon hours: 2,974 hours
o Project Management: 167 hours
o Preliminary Design: 2,361 hours
• Civil: 1,645 hours, Survey: 418 hours, Geotechnical: 162 hours, Utility Locating: 136 hours
o Final Design & Public Outreach Support: 196 hours
o Engineering Support Services during Construction: 250 hours 1050 Southwood Drive, San Luis Obispo, CA 93401
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FIRM BACKGROUND
As a full-service engineering, surveying, and construction management firm, we take pride in our ability to offer clients a broad range of services. Our commitment to providing clients Reliable Responsive Solutions, whether the project scope is expansive or more specialized, spans 46 years. During that time, we have worked with many cities, counties, and agencies to maintain secure and dependable wastewater and water systems, make streets safer and more pedestrian and bicycle-friendly, and construct buildings and facilities that are structurally sound. Likewise, we provide a high level of technical expertise in areas of low impact development {LID) design. These characteristics have been an integral part of the capital improvement projects we have completed throughout California.

Our team of professionals includes the following:
• Licensed Civil, Structural, Mechanical, Automation/Control Systems, and Electrical Engineers
• Licensed Land Surveyors and Survey Technicians
• Caltrans Academy Construction Managers, Inspectors, and Administrators • Qualified Stormwater Practitioners and Developers
• Federal, State, and Local Funding Administrators and Planners Services for the City of Carpinteria will be primarily provided from our corporate office in San Luis Obispo, California. Our office locations include the following:

San Luis Obispo Ventura Los Angeles
1050 Southwood Dr. 305 S Kalorama St. 11900 W Olympic Blvd.

San Luis Obispo, CA Suite A Suite 530
93401 Ventura, CA 93001 Los Angeles, CA 90064
Irvine Bakersfield Washington
16842 Von Karman Ave. 4540 California Ave. 1505 NW Gilman Blvd.

Suite 150 Suite 550 Suite 7
Irvine, CA 92606 Bakersfield, CA 93309 Issaquah, WA 98027 Firm Contact/ Project Manager
Anthony Severy, PE
!! 1050 Southwood Drive
. ., . Luis Obispo, CA 93401
~ 805.503.4525 !;;l 805.305.5907
l,-J [email protected]
C1mj805.544.3863 :
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Existing and Past Financial Relationships
Neither Cannon nor our
subconsultants have past or present
agreements or interest with current
members of the City Council, City
staff, or entities for which said
members are employed.
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SUBCONSULTANTS
Geotechnical engineering - Earth Systems Pacific (Earth Systems) With more than 50 years of experience in Carpinteria, as well as having local offices in Santa Barbara and Ventura, Earth Systems brings detailed knowledge of soil, groundwater, and geologic conditions. Their staff offer a full range of expert services in geotechnical engineering, engineering geology, geophysical surveys, environmental assessments, construction monitoring, and materials testing and inspection.

Earth Systems brings extensive experience and expertise in developing geotechnical criteria for pavement construction and rehabilitation, including new construction, overlays, recycled materials, permeable pavers, and stabilization of poor subgrade conditions. They have worked with many jurisdictions throughout Central and Southern California providing services such as subsurface exploration; pavement coring; laboratory testing of soils, aggregate, HMA, and other pavement materials; pavement deflection studies, development of materials sampling, acceptance, and independent assurance plans; and infiltration testing for LID improvements. In addition to providing detailed studies, Earth Systems can assist in specific identification of geotechnical or geologic properties ofthe site that may adversely impact proposed roadway rehabilitation projects.

Earth Systems maintains a local, fully accredited, and Caltrans-approved materials testing laboratory with the capacity to perform hundreds of tests upon soils, concrete, asphalt, steel, masonry, and other building materials. Earth Systems laboratories have been certified or inspected by the U.S. Army Corps of Engineers, the Division of the State Architect, the Cement and Concrete Reference Laboratory, and the AASHTO Materials Reference Laboratory.

Earth Systems has provided geotechnical, geologic, and construction observation and materials testing services for numerous pavement rehabilitation projects in the City of Carpinteria and County of Santa Barbara, including the City of Carpinteria's 2021 Pavement Rehabilitation Program and the 2019 Carpinteria Avenue Pedestrian Safety Improvements.

They are familiar with the City's requirements for geotechnical, geologic, and construction observation/testing services, as well as the City's preferred approaches to new pavement construction, rehabilitation, and maintenance.

Utility locating - C Below
C Below offers professional locating and mapping services throughout Central and Southern California. Their highly experienced technicians use advanced equipment to gather information for each project. Accurate information is vital in planning and can prevent costly delays from damages caused by cutting, coring, drilling, or digging in areas congested by unseen hazards in concrete, masonry and underground.
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PROPOSED SERVICE ORGANIZATION
We've assembled a full-service team of engineering professionals, each of whom can provide the City its requested services. Our project team includes the following:

City of Carpinteria
[ .................................... Principal-in-Charge/ QA/QC Project Manager
Gary Solsona, PE, QSD
Anthony Severy, PE
I
I I I
Constructability Review Project and Design Engineers Surveyor Todd Bartolome, PE: Andy Rowe, PE Burl V. Steude, PLS
QSD/P Foster Campbell, EIT
Allyson Marnocha, EIT
I I
Geotechnical: Earth Systems Utility Locating: (-Below
Rob Down, PE
Team member resumes, including licenses, affiliations, and specific experience and capabilities are located in the appendix.
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WHY CANNON?
Since 1976, Cannon has been committed to providing engineering services. Our reputation is a direct result of our consistent attention to our clients' needs. Eighty percent of our firm's business is from repeat clients who trust in our integrity, as well as our professional competence. We have the expertise, experience, and capabilities to meet your needs as demonstrated in the qualifications and experience detailed in this proposal.

The real proof of this expertise, however, is found in what our past and current clients have to say:
"/'VE FOUND [CANNON'S] ENGINEERS TO BE EXTREMELY PROFESSIONAL, DILIGENT, AND KNOWLEDGEABLE. I

HAVE BEEN PLEASED WITH THE SERVICES PROVIDED BY CANNON AND TRUST THEIR KNOWLEDGE AND EXPERTISE IN SUPPORTING VENTURA WITH THE CITY'S CAPITAL IMPROVEMENTS." - CHRIS DEJARME, PE, SENIOR CIVIL ENGINEER, CITY OF VENTURA THE CITY OF PISMO BEACH HAS COME TO EXPECT A HIGH CALIBER OF SERVICE FROM CANNON'S TEAM. FOR

NEARLY A DECADE, CANNON HAS SUPPORTED OUR BEAUTIFUL CITY IN THE PRESERVATION OF SAFE AND STEADY PUBLIC INFRASTRUCTURE FOR RESIDENTS AND TOURISTS ALIKE. - BENJAMIN A. FINE, DIRECTOR OF PUBLIC WORKS, CITY ENGINEER, CITY OF PISMO BEACH

INNOVATIVE SOLUTIONS
Having worked with numerous local and regional public agencies, we clearly understand the need to work within available budgets while providing value on projects. We understand that the immediate and long-term value may not be represented by the lowest fee estimate. We have developed effective cost saving strategies that have been successful for our private industry and public clients. These strategies may include the following:
• Invite experienced staff to review projects and identify key factors that helped optimize efficient project delivery for similar projects in the past • Perform Cost Benefit Analysis and Value Engineering Reviews • Review projects for possible use of alternative technologies or innovative approaches.
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RELEVANT PROJECT EXPERIENCE
We have provided design, construction management, and survey services for municipalities and other public agencies throughout California. The following projects provide details on some of most recent projects relevant to your RFP.

Client Contact
Debbie Talarico
Public Works Engineer
5775 Carpinteria Avenue
Carpinteria, CA 93013
if 805.755.4441
[ ·< [email protected]
2019 Pavement Rehabilitation Project Consulting Design Services, Carpinteria, California: Cannon was selected to provide consulting design services and construction support for pavement rehabilitation on Carpinteria Avenue, 8
th
Street, and Nipomo Drive in the City of Carpinteria.

The general scope of services included the preparation
of plans, specifications, and estimate; and engineering support services during construction. This project
included roadway rehabilitation design considering
existing materials conservation methods such as crack
and seal of existing concrete roadway surface; full
depth reclamation with cement roadway pavement
improvement design method, new bulbout, curb
ramps, crosswalk design; and signage and striping.

Measure K Street Repair and Rehabilitation (201S-1, -2; 2016-1; and 2017-1) Grover Beach, California: Cannon was selected by the City for several phases of this multi-year
improvement program involving design services and
construction management services for the roadway
rehabilitation program under the Measure K-14 bond
initiate.

Client Contact
Gregory Ray, PE, Public Works
Director, City of Grover Beach
154 South 8th Street
Grover Beach, CA 93433
if 805.473.4520
><: [email protected]
The scope of work included improvements to existing
underground utilities, coordination with dry utilities for relocations, roadway rehabilitation, sidewalk infill, and new ADA compliant ramps.

Challenging roadway edge improvements involved
conforming to non-standard driveways or non- existing
roadway edges over multiple streets equating to
several miles in rehabilitation. The most recent phase required approximately five miles of roadway rehabilitation within a six-month schedule.
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San Juan Water Main Replacement and Street Reconstruction Project
Fullerton, California: The City of Fullerton required street improvements in the San Juan neighborhood tract to
address failed asphalt concrete pavement; broken
median curb, curb, and gutter due to tree root
heaving; and damaged cross gutters/spandrels.

Client Contact
Gar Huang, Associate Water
Engineer, City of Fullerton
303 W Commonwealth Ave
Fullerton, CA 92832
~ 714 738 6895
: ':'. [email protected]
The City selected Cannon to provide engineering
services for the proposed reconstruction, including
pavement repair and curb ramp upgrades. Cannon
conducted an alternative analysis of various asphalt
pavement rehabilitation strategies during the
conceptual design phase.

Primary recommendation of Full Depth Reclamation with cement treated base (FDR+C) was selected as the preferred alternative for final design. New AC and PCC grades were set to improve the cross fall and profile grades which were compatible with the existing perimeter controls that remained. Additional engineering design tasks included field review, base sheet preparation, utility potholing to verify shallow utilities that may be impacted by the new street structural section, replacement/ upsizing of existing 4" C.I. and 6" C.I. water mains to 8" PVC, signing and striping improvements, and survey monumentation.

Client Contact
Ditas Esperanza, PE, City of Paso
Robles
1000 Spring Street,
Paso Robles, CA 93446
~ 805.227.7276
H [email protected]
Measure K Street Repair and Rehabilitation (2015-1, -2; 2016-1; and 2017-1) Grover Beach, California: Cannon prepared three conceptual design alternatives for the reconstruction
of Sherwood Road for the City to review. Cannon
conducted utility research with public and private
utility providers and identified potential utility conflicts and/or relocation requirements, therefore reducing
unexpected design modifications and construction
delays.

We prepared an electronic base map with applicable
utility documents, the City's topographic aerial survey, the City's aerial images, as-built drawings, and other
available materials provided by the City and utility
providers used in the conceptual design plans. We
provided construction management services, including
full depth reclamation.
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EXPERIENCE WORKING WITH PUBLIC AGENCIES
Cannon has had the opportunity to build professional relationships with many cities, counties, and local agency representatives throughout California. The following abbreviated list summarizes governmental utility clients we have worked with:
• City of Carpinteria: On-Call Civil • City of El Monte: Construction Engineering and Construction Management and Inspection
Inspection Staff Augmentation Services
• County of Santa Barbara: • City of Thousand Oaks: Construction Construction Engineering and Observation
Surveying Services • City of Thousand Oaks: On-Call
• City of Goleta: Professional Professional Engineering Services Engineering, Environmental and • City of Santa Monica: Construction Right of Way Services Management and Land Surveying
• City of Solvang: Engineering Services • City of Gardena: On-Call Professional • City of Santa Maria: Consultant Services
Services • City of Anaheim: On-Call Civil
• City of Grover Beach: Construction Engineering and Design Services Management and Inspection • City of McFarland: Civil Engineering Services (Wastewater Engineering)
• City of San Luis Obispo: Construction • Los Angeles County Waterworks Management, Civil Engineering, and District, No. 40: Civil Engineering Surveying • City of Los Angeles, Public Works:
• County of San Luis Obispo: On-Call Civil Engineering Services Construction Management and Civil • City of Atascadero: Civil Engineering Engineering • City of Bakersfield: Plan Checking
• Nipomo Community Services
District: Construction Management,
Civil Engineering, and Surveying
• City of Lake Forest: Professional
Consulting Services
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PROJECT UNDERSTANDING AND APPROACH
The City of Carpinteria (City) needs to complete street rehabilitation for nine streets due to Pavement Condition Indexes (PCI) ranging from 26 (failed pavement) to 48 (poor pavement).

These include Byrnes Lane, Callejon Drive, Cameo Road, Dorrance way, El Carro Lane, Retorn Drive, Star Pine Road, Vallecito Road and Via Real. The proposed improvements include pavement rehabilitation, pedestrian facility upgrades (i.e. curb ramps and sidewalks) as needed for compliance with the American Disabilities Act (ADA), and drainage improvements.

The City needs an engineering consultant with the expertise to effectively implement roadway infrastructure improvements with long-term vision, consideration of community impacts and available resources, and who can serve as a seamless extension of City staff. The consultant must prepare plans and specifications, provide an estimate, and provide engineering support services during construction.

We understand that the City's preferred pavement rehabilitation method is full-depth reclamation (FDR). During our preliminary research using the City's online pavement. management system, FDR was recommended for 8 of the 9 streets (excluding Via Real). Our scope, therefore, assumes street reconstruction using FDR or alternative street reconstruction techniques for the 8 streets using material recycling and lower greenhouse gas emissions, as recommended by the geotechnical engineer. Each of the 8 streets recommended for street reconstruction will require plan and profile so elevations may be set during construction.

Based on City feedback, Via Real is to receive grind and overlay with localized digouts.

Table 2 on page 12 lists the project streets, approximate improvement limits and dimensions, proposed Portland Cement Concrete (PCC) improvements, and preliminary notes. The scope included in this proposal assumes the following:
• For streets with no existing sidewalk, this scope includes sidewalk design (including curb and gutter) for both sides of the street.
• We will include repair of damaged curb and gutter, cross gutter, and sidewalk in the proposed improvements. We define damage as follows:
o Curb & gutter and cross gutter - vertical or horizontal displacement of¾ inch or greater
o Sidewalk - vertical displacement of¾ inch or greater
• Drainage improvements for the 9 streets to be reconstructed or rehabilitated are limited to existing culvert repair and street surface improvements (i.e., curb & gutter, and cross gutters). If detailed investigation during the design phase shows that new catch basins and underground storm drainage systems are needed, Cannon can include underground drainage design for additional fees. 1050 Southwood Drive, San Luis Obispo, CA 93401
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Table 2 - Streets List and Notes
Length ADA Sidewalk
Street Limits Width Notes
(ft) Ramps Infill (ft)
Cul-de-sac to 255 30 2 0
Cameo Rd. • Existing curb & gutter, and sidewalk on
both sides of street
. Two existing non-ADA curb ramps must be
upgraded
Concha Loma 270 26 2 540
Dr. to cul-de-
• No existing sidewalk
sac
• Sidewalk proposed on both sides of street
. Two proposed ADA ramps
La Brea Ln. to 870 36 4 0
Casitas Pass Rd.
• Existing sidewalk on both sides of street
• Four existing non-ADA compliant curb
ramps must be upgraded
Ash Ave. to 390 20 4 780
Holly Ave. . No existing sidewalk
Intersection . Sidewalk proposed on both sides of street . 4 proposed ADA ramps
Holly Ave. 460 24-30 4 920
Intersection to
• No existing sidewalk
Elm Ave.
. Sidewalk proposed on both sides of street
• 4 proposed ADA ramps
Elm Ave. to 450 26 4 900
Linden Ave.
. No existing sidewalk
• Sidewalk proposed on both sides of street
. 2 existing non-ADA compliant ramps must
be upgraded
• 2 proposed ADA ramps
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Santa Inez Ave.
to Azalea Dr.

Intersection
Azalea Dr
Intersection to
Sterling Ave.

Concha Loma
Dr. to South
End Cul-de-sac
East End cul-desac to Va llecito
Rd.

North End culde-sac to
Ca rpenteria
Ave.

Cravens Lane to
Motel 6
driveway
(approx. 250'
west of Santa
Monica Road)
1,530 36 2 0
• Existing curb and gutter and sidewalk on
both sides of street
• Two existing non-ADA compliant curb
ramps must be upgraded
740 36 2 0
400 25 2 800
• Existing curb and gutter and sidewalk on
both sides of street
• Two existing non-ADA compliant curb
ramps must be upgraded
• No existing sidewalk
• Sidewalk proposed on both sides of street
• 2 proposed ADA ramps
930 26 2 1860
940 28 4 1880
2,800 45 6 0
• No existing sidewalk
• Sidewalk proposed on both sides of street
• 2 proposed ADA ramps
• No existing sidewalk for majority of limits
• Sidewa I k proposed on both sides of street
• Two existing non-ADA compliant curb
ramps must be upgraded
• 2 proposed ADA ramps
• Existing sidewalk, curb, and gutter on north
side of street
• No sidewalk, curb, or gutter on south side
of street. Design of southerly sidewalk and
curb and gutter for this street is excluded
from this scope of work.
• 2 of the 6 curb ramps possibly out of
compliance.

Additionally, the City is experiencing drainage issues along Cramer Circle (easterly street), from Via Real to approximately 300' south of Via Real. A grated storm drain inlet was installed in front of 1275 Cramer Circle as part of the development of the two lots at the corner of Via Real and Cramer Circle. To mitigate flooding along Cramer Circle, the City would like to evaluate the drainage area for this location and consider the installation of a new underground storm drain system within Cramer Circle to redirect storm water down to a concrete swale located at the southern end of Cramer Circle.
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SCOPE OF WORK
The following scope of work was developed based on the City of Carpinteria's July 2022, RFP for consulting design services:

Phase 1. Project Management
A. Project Administration
This service includes organizing, coordinating, and controlling the quality of the necessary personnel and subconsultants. We will provide monitoring and reporting of the status of the budget, schedule, and action item progress for the task items as well as creating and maintaining a project file. Additionally, we have included the following items as part of this task:
• Record keeping and file management
• Accounting
• Budget monitoring and control
B. Progress Meetings
This service includes coordination and attendance with City staff for the project kickoff meeting and monthly progress meetings. This scope includes preparation of meeting agenda and meeting minutes. We assume 10 monthly progress meetings in addition to the kickoff meeting.

Deliverables:
• Project File
• Monthly Project Progress Reports
• Monthly Progress Meeting Agendas and Minutes
Phase 2. Preliminary Design
A. Soils Investigation
To evaluate subsurface conditions in the proposed paving improvement areas, our geotechnical subconsultant, Earth Systems, will provide 20 to 23 corings to depths of interest. Prior to initiating the subsurface exploration, Earth Systems will coordinate with Underground Service Alert (USA) for underground utility coordination and determination of other subsurface feature locations with potential to be impacted by coring operations.

Earth systems will provide additional hand auguring in each core and use a ring-lined barrel sampler (ASTM D 3550) to obtain soil samples below the existing paving section. In each core, the thicknesses of asphalt concrete and aggregate base will be measured and recorded. Bulk soil samples of subgrade soils will be obtained from the hand auger cuttings.
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Earth Systems will test soil samples in the laboratory to determine a variety of soil properties, including in-situ moisture, grain size, maximum density versus optimum moisture, and resistance to deformation under repeated loading (R-value). Earth Systems' trained technicians will complete the laboratory testing in accordance with American Society for Testing and Materials or other applicable standards at their Ventura laboratory.

To address existing drainage issues on Cramer Circle, we will perform two borings, including infiltration testing, to assess subsurface data relative to trench installation and to evaluate the area for installation of a possible French drain.

Their team will assess geologic conditions based upon a review of geologic literature, maps, aerial photographs, and the field/laboratory data. Earth Systems will identify and discuss impacts upon pavement resulting from geotechnical/geologic conditions in the pavement recommendations report, which will address the following:
• Encountered subsurface conditions
• Preparation of the site prior to construction
• Grading criteria, including soil stabilization, as needed • PCC and HMA pavement design criteria based upon City-provided traffic indices
• Drainage around improvements
• Observation and testing
Earth Systems' geotechnical recommendations will comply with the considerations of Sections 1803.1 through 1803.6, J104.3, and J104.4 of the 2019 CBC, as they apply to this project, as well as common geotechnical engineering practice in this area under similar conditions at this time. It is their intent that the report will be used exclusively by the City to form the geotechnical basis of the design of the project and the preparation of plans and specifications.

During construction, Earth Systems is available to provide quality control services, including soil compaction testing, observation of excavations, placement of fill soils, and laboratory materials testing of proposed construction materials.

B. Survey Services
Aerial Survey and Topographic Mapping
We will perform an Aerial survey and supplement with a conventional field survey and prepare a topographic survey base map showing the following information:
• Horizontal Coordinates based on NAD83 Lambert Zone 5
• Vertical Control based on NAVD88 (or designated City Vertical Datum) • Provide survey point ASCII file in PNEZD comma delimited format. • Aerial mapping scale of 1"=20'. Extending 10' beyond ROW. 1050 Southwood Drive, San Luis Obispo, CA 93401
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• Seamless Color Digital orthophotos at 0.2' pixel resolution. • Show existing driveways, curb and gutter and all visible above ground surface features and utilities.
• Rim elevations of sewer and storm drain: manholes and catch basin. • Locate visible DIGALERT underground utility mark outs and evidence of recent trench locations, i.e., newly installed Traffic Signal Loops, Electrical, Telephone or TV Cable.
• Provide 3D TIN and DTM file for surface creation in AutoCAD and Civil 3d. • Contours at 1' interval, with 1' Major and 5 index contours. • The field survey will accurately define existing surface drainage features such as gutters, storm drain inlets, flowlines for swales and v-ditches. • Topographic survey to extend approximately 15 feet past the returns at all major road intersections
Monument Preservation
We will provide a field survey to inventory existing monuments within the project limits, which will include the following tasks:
• Based on 35 possible centerline monuments.
• Research public records for existing monumentation.
• Recover monumentation and set ties outside of the construction limits. • File a Pre-Construction Corner Records with the County of Santa Barbara Note: Record centerline and right-of-way are excluded from this task.

Deliverables:
• Field topographic survey in PDF and CAD format
C. Field Investigation and Data Collection
This service includes one site visit for field investigation to understand site conditions. It also includes data collection of relevant record information of the project facilities. We assume the City will provide available, relevant as-builts, reports, cad templates, cad plan title block, and data related to the project.

D. Utility Company Coordination
This service includes conducting utility research with the public and private utility providers who have existing facilities within the proposed project areas and obtaining record drawings and as-built information. We will identify and evaluate potential utility conflicts and/or relocation requirements, as needed, to reduce unexpected design modifications or construction delays. We will compile and review the documents for inclusion into the electronic base map to use in preliminary design and related tasks defined below.
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This task includes sending two utility notices: 1 notice during 30% design and 1 notice during with final approved plans.

This task also includes providing support to the City with utility facility relocation claim proceedings, if needed, by preparing exhibits and communicating with utility companies regarding preliminary and final plans. We assume 20 design staff hours and 6 project management/project engineering hours for this task.

E. Utility Facility Positive Location
If needed, this service includes the investigation of potential utility conflicts with pavement rehabilitation, curb ramps, sidewalk, and drainage improvements. This task assumes 15 potholes.

F. Preliminary PS&E and Storm Water Pollution Prevention Plan (SWPPP) (30%, 60%, and 90%)
F.l. We will prepare 30% plans that conform to City standards. The plan set will include the following:
• Title sheet (1 sheet)
• Typical sections sheet (1 sheet)
• Standard details sheets (2 sheets)
• Project control plan sheets (13 sheets at 40 scale)
• Roadway plan sheets (13 sheets at 40 scale)
o All FDR sheets to be plan and profile. Via Real to be plan view only • Cramer Circle Storm Drainage Design (1 plan and profile sheet at 20 scale) • Signing and striping sheets (14 sheets at 40 scale)
We will prepare the 30% technical specifications based on the City boiler plate provided by the City, and the City will prepare the front-end section of the specifications. We will also prepare a 30% level engineer's opinion of probable cost (OPCC). We will use unit cost data using information provided by the City, recent projects, and/or the Caltrans contract cost database.

We will prepare a draft hydrology and hydraulics report at the 30% submittal for the Cramer Circle Storm Drainage Improvements.

We will prepare the 30% SWPPP in accordance with the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges associated with Construction and Land Disturbance Activities (Construction General Permit) requirements.
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We will evaluate conditions of existing CMP culverts. We will propose improvements for culverts in distressed conditions and consider replacement with PVC pipes.

Proposed culvert improvements will be labeled on the roadway plan sheets.

We will prepare and ADA compliance technical memorandum. This memorandum will include a preliminary evaluation of existing curb ramps recommended for accessibility upgrades and proposed sidewalks within the project limits.

Additional ADA Compliance Locations:

In additional to the evaluation within the pavement rehabilitation locations, the following locations will be evaluated for ADA compliance and included in the ADA compliance technical memorandum.

STREET NAME LIMIT LIMIT
Ash Avenue
Calle Arena
Eighth Street
Fifth Street
Holly Avenue
Holly Avenue
Holly Avenue
Holly Avenue
Limu Drive
Linhere Drive
Ninth Street
Ogan Road
Ogan Road
Organ Road
Pacific Village Drive
Reynolds Avenue
Rose Lane
Tomol Drive
Seventh Street
Calley Ocho
Elm Avenue
Holly Avenue
Fourth Street
Dorrance Way
Third Street Intersection
Sandyland Road
Malibu Drive
Malibu Drive
East End
Casitas Pass Road
El Portal Street
Vallecito Road
West End
Capinteria Avenue
Mark Avenue
Malibu Drive
Fifth Street
Concha Loma Drive
Holly Avenue
Ash Avenue
Dorrance Way
Third Street Intersection
Sandyland Road
End
Nipomo Drive
Nipomo Drive
Seventh Street
El Portal Street
Vallecito Road
Roundabout
Ogan Road
Seventh Street
West End
Nipomo Drive
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Prior to all milestone submittals for City plan check review, an experienced/ independent in-house team, led by Cannon's QA/QC Manager, will perform a thorough review of said documents to confirm their quality, clarity, constructability and that all the project goals are being met. Deliverables are prepared in accordance with engineering practices that address required standards and guidelines.

Documents submitted to the City are independently checked and back-checked. The review process will include a 2nd thorough "back check" review of all recommended corrections.

Deliverables:
• 30% plans in PDF format
• 30% OPCC in PDF or Excel format
• 30% technical specifications in Microsoft Word format • 30% SWPPP
• Draft Hydrology and Hydraulics Report
• ADA Compliance Technical Memorandum
F.2. We will advance the 30% plans, specifications, and estimate to 60% design level by incorporating City comments. This scope includes addressing one round of 30% submittal package review by the City.

We will address the City's comments and prepare a final hydrology and hydraulics report at the 60% submittal for the Cramer Circle Storm Drainage Improvements.

We will also add the following sheets to the plan set:
• Curb ramp, Driveway, Sidewalk, and Culvert Detail Sheets (11 sheets at 1-inch = 10-feet scale)
The existing grades within the project limits appear relatively flat, so we propose standard plan callouts for proposed curb ramps. This scope excludes detailed plan elevations for proposed curb ramps.

Deliverables:
• 60% plans in PDF format
• 60% cost estimate (OPCC) in PDF or Excel format
• 60% bid schedule in Excel or Word format
• 60% technical specifications in Word format
• 60% SWPPP
• Final Hydrology and Hydraulics Report
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F.3. We will advance the 60% plans, specifications, and estimate to 90% design level by incorporating City comments. This scope includes addressing one round of 60% submittal package review by the City.

Deliverables:
• 90% plans in PDF format
• 90% cost estimate (OPCC) in PDF or Excel format
• 90% bid schedule in Excel or Word format
• 90% technical specifications in Word format
• 90% SWPPP
Phase 3. Final Design
A. Bid Documents - Final Plans, Specifications, and SWPPP We will advance the 90% plans, specifications, and SWPPP to final design level (bid ready) by incorporating City comments. This scope includes addressing one round of 90% submittal package review by the City.

Deliverables:
• Final signed and stamped plans in PDF format
• Final wet stamped and signed plans in full size 24-inch x 36-inch mylar sheets (1 set)
• Final bid schedule in Excel or Word format
• Final technical specifications in Word format
• Final SWPPP
B. Final Estimate
We will advance the 90% estimate to final design level (bid ready) by incorporating City comments. This scope includes addressing one round of 90% estimate review by the City.

Deliverables:
• Final OPCC in PDF or Excel Format
Phase 4. Public Outreach Support
We understand City staff will take the lead on performing public outreach regarding the proposed improvements including preparing mailers and social media announcements.

Cannon will support the public outreach effort by preparing exhibits and attending one (1) public outreach meeting, as needed.

Phase 5. Engineering Support Services during Construction A. Bidding Support
This service involves supporting the City during the bid period, including preparing bidder clarifications and addenda. The City will administer the bid advertisement; 1050 Southwood Drive, San Luis Obispo, CA 93401
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disseminate bidder clarifications and addenda; conduct bid evaluation; and review apparent low bidder's licensing, insurance, bonds, and references.

B. Conformed Plans and Specifications
This service includes preparing conformed plans and specifications after the bid period. Conformed plans and specifications will be prepared incorporating revisions issued by addenda.

C. Construction Observation
This service will be limited to 16 hours for design staff and 4 hours for the project manager to observe the activities during construction.

D. Record Drawings
This service will be limited to revising the plans to match the information provided by the contractor after construction.

E. Respond to Contractor RFls
F. Review Contractor Material Submittals
Note: Cannon takes no exceptions to the City's Environmentally Preferable Purchasing Policy as set forth in the City Council Resolution No. 5686. Reports that are required as a part of the scope of services will be submitted on post-consumer recycled and recyclable paper.

ASSUMPTIONS AND EXCLUSIONS
The following assumptions and exclusions apply to this proposal:
• Cannon is not responsible and cannot be held accountable for the accuracy of asbuilts or record drawings provided by the agencies or utility providers. Cannon has no means of determining whether subsurface features were constructed per the construction/ improvement drawings and does not claim to do so. • All data prepared by others and provided to Cannon will be made available in a digital format, compatible with our systems. It is also understood that the information and technical data provided and prepared by others, on the Client's behalf or Property Owner's behalf, may be used by Cannon in providing its services and is entitled to rely upon the accuracy and completeness thereof. • Changes in project schedule (such as extended stops and starts) may constitute an additional services agreement.
• City to provide traffic index for streets to receive pavement reconstruction or rehabilitation.
• A no fee encroachment permit will be provided for subsurface exploration for work in the public Right of Way.
• The City will send utility notices. Cannon will assist in the development of the letters. • Scope excludes preparation of a stormwater control plan and design of water quality / BMP enhancements.
• Scope excludes utility relocation; we can add utility plans for additional fees. 1050 Southwood Drive, San Luis Obispo, CA 93401
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• Right-of-way research and base mapping is limited to corner parcels where new ADA ramps are anticipated. If requested by the City, right-of-way research and mapping for other parcels (where additional frontage improvement designs are requested) will be provided on an additional services basis.
• Pre-construction record of survey and title research are excluded. • Existing curb and gutter with sidewalk (other than ADA ramps) will remain in place and serve as the edge condition for the proposed pavement repair and rehabilitation.

FEES
Fees are based on the rates per Attachment B and do not include Agency checking, recording fees, or title company fees. It is our understanding that this project qualifies for California Prevailing Wages. Our fee proposal is included as Attachment C. 1050 Southwood Drive, San Luis Obispo, CA 93401
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22 APPENDIX

RESUMES
Anthony Severy, PE Project Manager
Professional Registration
• Civil Engineer,
California, No. 82551
Education
• Bachelor of Science,
Civil Engineering,
California
Polytechnic State
University, San Luis
Obispo, California
• H2ONET Certified,
Water Distribution
Modeling
Select Project Experience Summary
Mr. Severy has served as Project Manager, or Project Engineer, on the following projects:
• Design for Pavement Rehabilitation Consulting Design Services, Carpinteria, Professional Affiliations California
• American Society
of Civil Engineers,
President Elect
• California Water
Environment
Association (CWEA)
Since 2006, Mr. Severy has provided engineering services for public improvement, energy, survey, and automation and controls projects. Mr. Severy will lead the design team with responsibility for the majority of initial design, plan preparation, development of technical specifications and estimates, and data compilation. In addition, he assists with the development of proposals and fee estimates; provides field observation and generates reports; conducts project research; delivers communications to clients, agencies, and vendors; and provides calculations and modeling services. He will perform engineering design work that involves conventional practices as well as complex features such as conflicting design needs, innovative solutions where conventional methods are unsuitable, and difficult coordination requirements.
• Design for Newport Avenue Design, Grover Beach, California • Design for Curb and Sidewalk Design for ADA Compliance, CDBG Curb Ramps 2011- Phase II, San Luis Obispo, California
• Design for North Oak Park Boulevard Rehabilitation Project, Grover Beach, California
• Design for Sherwood Road Maintenance, Paso Robles, California • Design for Street Widening Tank Farm and Broad Street Intersection, San Luis Obispo, California
• Design for Johnson Pavement Repair, San Luis Obispo,
California
• Design for Street Reconstruction Summer 2011, San Luis Obispo, California
• Design for South Vine Street Improvements, Paso
Robles, California
• Design for FY 18/19 Waterline Replacements,
Beverly Hills, California
• Design for Summit Drive Slope and Water
Main Repair, Beverly Hills, California
• Design for City of Norwalk Distribution
Pipeline Replacement, Norwalk, California
• Design for Highway 1 Watermain
Replacement, Oceano, California
• Design for Construction Inspection for
Doris Ave. Water Main Installation, Los Osos,
California
Cannon
' Gary Solsona, PE Principal-in-Charge and QA/QC
Professlonal Registration
• Registered Civil
Engineer, California,
No.68420
Education
• Bachelor of Science,
Civil Engineering,
California State
Polytechnic University,
Pomona, California
Professional Affiliations
• American Public Works
Association
• American Society of
Civil Engineering
• Filipino American
Society of Architects
and Engineers
IVlr. Solsona has El years ot civil engineering experience in public works design, consisting of award-winning roadway widening, street rehabilitation and intersection improvements; sound wall and retaining wall design, preparation of traffic control plans and project study reports, and is recognized in the industry as an ADA design specialist. His proactive approach is carried out seamlessly through project management, engineering design development, and construction support services to public agencies throughout Southern California and he has a proven track record in providing innovative, cost-saving, and sustainable solutions (such as alternative pavement rehabilitation methods, including full depth reclamation and cold-in-place-recycling) on numerous street improvement projects for major arterials and residential streets.

Select Project Experience Summary
Mr. Solsona has served as Project Manager, QA/QC Engineer, or Project Engineer on the following projects:
• Newport Beach Concrete Street Reconstruction, Newport Beach, California • Long Beach Curb Ramps, Long Beach, California
• City of Lake Forest ADA Ramp Improvements, Phases 9, 10 and 11, Lake Forest, California
• 8th Street Improvements, CIP No. 14-173, Hermosa Beach, California • San Juan Water Main Replacement and Street Reconstruction Project, Fullerton, California
• Jamboree and Main Intersection Improvement Project, 1-405 NB On-Ramps to Kelvin, Irvine, California
• Cerritos Avenue Sidewalk Gap Closure, Anaheim, California • Newport Beach Concrete Street Pavement
Reconstruction, Newport Beach, California
• Farragut Avenue Improvements, Moreno Valley,
California
• South Lasselle Safety Corridor, Moreno Valley,
California
• Anaheim Modjeska Park Underground Storm
Water Detention and Infiltration System,
Anaheim, California
• 4th Street Phase II, Santa Monica, California
• Los Angeles Trade Tech College (LATTC), Los
Angeles, California
• LAUSD, Gerald Lawson Academy
Rehabilitation of Asphalt Pavement, Los
Angeles, California
• LAUSD Columbus Paving Design Rev/Ponding
Repair, Los Angeles, California
• Cerritos Avenue Sidewalk Gap Closure,
Anaheim, California
Cannon
Todd A. Bartolome, PE, QSP/D Constructibility Review
Professional Registration
• Registered Civil
Engineer, California,
No.86198
• Registered Civil
Engineer, Idaho, No.
8015
• California QSP/D
Certification - 86198
Education
• Bachelor of Science,
Construction
Engineering, University
of Nebraska, Lincoln,
Nebraska
• Traffic Control
Supervisor - American
Traffic Safety Services
Association
• Caltrans Resident
Engineer Training
• EPA - NPDES
Certification
Mr. Bartolome has more than 35 years of experience as a Construction Manager, Materials Engineer, Resident and Regional Engineer with large wastewater, bridge, roadway and airport project experience around the country and overseas.

Specific project experience includes management of major highway bridge and roadway projects for design, construction, and maintenance as both a public agency representative and private consultant. Mr. Bartolome also managed a statewide materials lab, project design teams and development of project controls systems using various microcomputer systems, cost control systems, scheduling, estimating, inspection, materials testing, and field office engineering.

Santa Lucia Road Pavement Rehabilitation, Atascadero, California: The City required the rehabilitation of 0.85-mile-long stretch that serves as one of the main connections to Highway 101. Cannon was selected to provide construction engineering services for this project, which consisted of localized dig outs, deep lift pave backs, as well as grinding and overlay work The project included milling of the existing pavement with deep sections removal, minor drainage improvements including asphalt berm and culvert replacements to improve handling of storm water runoff. Mr. Bartolome provided construction engineering services as the Senior Resident Engineer.

North Oak Park Boulevard Rehabilitation Design Project, Grover Beach, California: Mr. Bartolome served as Senior Project Engineer responsible for the construction staging/phasing, temporary traffic control layout, and development oftechnical specifications for the cement treated Full Depth Reclamation (FDR) process. This $1.5 million project included design of ADA-compliant pedestrian ramps, and paving The project was funded with local funds but designed to meet all of Caltrans Local Assistance and FHWA requirements.

Pavement Preparation and Slurry, Goleta, California: This $1.0 million project included dig-outs and replacement of failing areas of pavement followed by a slurry seal on the City's minor roads and micro seals on the major arterials. This project was completed ahead of schedule and under budget.

Measure K-14 Street Repair and Rehabilitation
Program Projects, Grover Beach, California:

Cannon was selected by the City to provide
construction management and inspection
services for improvements including
roadway reconstruction, HMA paving
work using Section 39 of the Ca It rans
Standard Specifications, ADA compliance,
implementation of water pollution control
BMPs, and traffic control support to maintain
easy access on critical residential streets. Mr.

Bartolome served as Project Manager and Resident
Engineer. Cannon
=
Burl V. Steude, PLS Surveyor
Professional Registration
• Licensed Land
Surveyor, California,
; No. 9103
Education
• 40-Hour HAZWOPER
Certified
• Project Management
Seminar, CE Course,
Cannon, San Luis
Obispo, California
• CORS Applications &
Utilization Seminar,
California Land
Surveyors Association,
Long Beach, California
• Leica, GPS Surveying,
Basic Course, Santa
Maria, California
• Land Description
Systems, CE Course,
Land Surveyors
Workshops, Los
Angeles, California
• CPR Certified
• Professional Affiliations
• California Land
Surveyors Association
As a Project Surveyor Mr. Steude is responsible for field and office survey services as well as oversight and management of field crews. He takes measurements, interprets survey calculations, compiles evidence for boundary determinations, prepares legal land documents and descriptions, provides mapping and drafting services, and more. In addition, he plans and conducts work requiring independent judgment/evaluation, and is skilled with the use of the latest survey technologies (such as manual and robotic total stations, digital levels, static, RTK, network GPS, and 3D laser scanners).

Select Project Experience Summary
Mr. Steude has served as Project Manager, Lead Surveyor or Party Chief on the following projects:
• Construction Management & Design for 21st Street Complete and Green Street Improvements & Stormwater Enhancement Project, Paso Robles, California
• Sherwood Road Rehabilitation Project, Paso Robles, California • Measure K-14 Street Repair and Rehabilitation Program, Grover Beach, California
• 2019 Pavement Rehabilitation Project Consulting Design Services, Carpinteria, California
• ADA Ramps, Broad Street, City of San Luis Obispo, California • Arroyo Grande Monument Preservation for 2019 Street Repair Project, Arroyo Grande, California
• Newport Avenue Design, Grover Beach, California
• Safe Route to School Implementation, Foothill & Ferrini Croassing Survey, San Luis Obispo, California
• Safe Route to School Implementation, Ramona Drive
Survey, San Luis Obispo, California
• Obispo Street Waterline Professional Engineering
Services, Guadalupe, California
• Phase 1 Implementation - Water Distribution
System: Nutmeg Pressure Projects - Planning
and Preliminary Design, Morro Bay,
California
• Phase 1 Implementation - Waste Water
Collections: Beachcomber, Main/
Atascadero, Morro Bay, California
• Storm Drain Improvements at Miller/
Fesler Streets, Santa Maria, California
• Storm Drain Improvements at E Boon
Street, Santa Maria, California
Cannon

EXHIBITB

PAYMENT SCHEDULE
11 .J .JJU
~ Cannon
City of Grover Beach
Measure K-14 CIP 2295-14
Fee Proposal
Cannon
1(50 Southwood Drive
San tus Obispo, CA 93401
805.544.7407
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,..._...,.,_ :ir:.~ ~~

1.A. Prefe ct Administration 12 $2,784 80 $16,880 20 S1,980 i,2 S21.644

1.6. Progress Meetings
Kick-off Meetina 4 $844 4 S752 2 S198 ,0 S1,794
Monthlv Prcaress Meetings tinc.aaende & minutes) 20 $4,220 10 51,880 2 $198 32 $6,298 Monthlv Prccress Reports 10 $2,110 3 S297 13 S2,407
_;.::-r--r.,,1J-; -:"j'!! ~-~

2.A. Soils lnvestioation 8 S1,688 2 $376 2 $198 534,067 12 $36,329

2.B. Survev Services

2.B.1. Topowaphic Mappini:i 3 S633 6 $1,128 12 S1,632 S81,148 21 $84,541

2.B.2. Monument Preservation 2 $422 $34,836 2 $35,258

2.C. Field lnvestiaation and Data Collection 10 S2,110 44 $8,272 28 S4,144 64 $8,704 1 S99 147 S23,32S

2.D. Utilitv Coodination 5 $1,055 12 $2,256 20 S2,960 48 S6,528 4 S396 89 $13,195 Utilitv Relocation Claim Suooort 3 S633 3 S564 8 $1,184 12 $1,632 26 $4,013

2.E. Utititv Facilitv Postive Location 2 S422 2 S376 4 S544 1 S99 $20,360 9 521,801

2.F. Preliminary PS&E & SWPPP

2.F.1. 30¾ PS&E and SWPPP 17 S3,944 42 S8,862 72 S15,192 144 $30,384 272 S57,392 13 S1,287 560 S117,061

2.F.2. 60% PS&E and SWPPP 13 S3,016 34 S7.174 56 $11,816 100 S21,100 220 $46,420 7 S693 430 $90,213

2.F .3 90¾ PS&E and SWPPP 7 S1,624 26 $5,486 34 S7,174 80 S16,880 196 S41,356 6 $594 349 $73,114 :.:i "' .- "' 3.A. Final Plans, Specs & SWPPP 3 I $696 8 S1,688 ,. $2,954 20 $4,220 48 s10,12a 2 S198 I I 95 I S19,884

3.B. Final Estimate 3 I S696 8 S1,688 I 12 I S2,532 20 I S4.220 I 44 S9,284 2 S198 89 S18,618

I I I I I I I
;.~r - --•1 '7"'• .. r.r.---:--;

4.A. Attendino Public Meetino I I 4 S844 I I I I I I 4 I S844

4.B. Preparing Exhibits I I 8 S1,688 I I I 8 I $1,688

I I I I I
;..;""' - 1::'.~~__;~~~- ~.r.-r.n ---::·-:"!'i'I

5.A. Minor Corrections to Bid Documents 1 S232 2 $422 8 S1.184 16 S2,176 27 $4,014 Processino of Addenda 2 $422 16 S2,368 1 S99 19 S2,889

5.8. Preparation of Conformed Set 2 S464 3 S633 6 SU28 1a S2,664 24 $3,264 1 S99 54 S8,252

5.C. Construction Observation 4 S844 16 $2,368 20 S3,212

5.D. Record Drawinos 12 S2,784 3 $633 4 $752 18 $2,664 24 S3,264 61 $10,097

5.E. Resoond to Contractor's RFls 2 S464 2 S422 2 S376 12 S1,776 16 S2,176 1 S99 35 S5,313

5.F. Review Contractor Submittals 2 S464 2 5422 2 S376 12 S1,776 16 S2,176 34 S5,214 74 $ 17,168 287 $ 60,557 285 $ 57,904 520 $ 9~.892. 1024 S 198,354 68 $ 6,732 $ 115,9B4 $ 34.067 $ 20,360 2258 ~ 611,028 . '
917/2022

EXHIBITC

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

Consultant shall provide the following types and amounts of insurance:

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

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

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

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

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 12 ---,
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state a/California and with an A.M Bests rating of A- or better and a minimum financial size Vil General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.

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

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

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

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
13 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.

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

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

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

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

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

15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. . 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewmg or new coverage must be provided to City within five days of the expiration of the coverages.
14 7

17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

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

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

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

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

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

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

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

Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
15 ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MMIDD/YYYY)
~ 1/27/2022
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER ~2~~~CT Briltini Alberty
AssuredPartners Design Professionals Insurance Services, LLC PHONE I FAX 3697 Mt. Diablo Blvd Suite 230 IA/C No Extl: IA/C Nol:

Lafayette CA 94549 ~~lJ~ss: Brittini.Albertv!BlAssuredPartners.com INSURER(Sl AFFORDING COVERAGE NAIC#
License#: 6003745 INSURER A: Continental Insurance Company 35289 INSURED CANNCOR-02 INSURER B: Valley Force Insurance Company 20508 Cannon Corporation
INSURER c: Beazley Insurance Company Inc 37540 1050 Southwood Drive San Luis Obispo CA 93401 INSURER D: HARTFORD INSURANCE COMPANY 38288 INSURERE:

INSURER F:

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR POLICY EFF POLICY EXP
LIMITS LTR TYPE OF INSURANCE •••en <Anm POLICY NUMBER IMMIDD/YYYY l IMMIDD/YYYY l B X COMMERCIAL GENERAL LIABILITY y y
-
6079204724 9/1/2021 9/1/2022 EACH OCCURRENCE $1,000,000 ~ CLAIMS-MADE 0 OCCUR UAMAGtc lYE RENTED
PREMISES Ea occurrence) S 500,000
X Conlractual Liab MED EXP (Any one person) S 15,000
-
Included PERSONAL & ADV INJURY S 1,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl POLICY [8_JPJERCOT - DLoc PRODUCTS - COMP/OP AGG S 2,000,000 OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s ~ IEa accident! ANY AUTO BODILY INJURY (Per person) $
~
OWNED - SCHEDULED BODILY INJURY (Per accident) S ~ AUTOS ONLY ~ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $
~ AUTOS ONLY ~ AUTOS ONLY /Per accident!
s

A X UMBRELLA LIAB M OCCUR
y y
~ 6079210751 9/1/2021 9/1/2022 EACH OCCURRENCE S 9,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 9,000,000
OED I X I RETENTION$ 1 n nnn $
D WORKERS COMPENSATION y 57WEOL6H1H 9/1/2021 9/1/2022 X I ~ffTuTE I I OTHER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNERIEXECUTIVE □
EL EACH ACCIDENT S 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) EL DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $1,000,000 C Professional Liability V27737210301 9/1/2021 9/1/2022 Per Claim $2,000,000 Annual Aggregate $2,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability.

Project Name: Technical Assistance for RFP Processes for Design Services for Line #0470 Petroleum Pipeline Abandonment Project Number: 220113
City of Carpinteria, its officials, employees, volunteers and agents is named as Additional Insured as respects General Liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. 30 Days Notice of Cancellation 30 Days Notice of Cancellation
CERTIFICATE NUMBER: 505226032 REVISION NUMBER:

CERTIFICATE HOLDER ay o ice o ance a 10n

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

Attn: Brian C. Barrett, Acting City Clerk
5775 Carpinteria Avenue AUTHORIZED REPRESENTATIVE
Carpinteria CA 93103
I
ev(Z,< CV¼ ~
CANCELLATION 30 D N f fC II f
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
;;;;;;;;;;;;
- !!!!!!!!
;;;;;;;;;;;;
-
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:

A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:

1. the written contract requires you to provide the additional insured such coverage; and

2. this coverage part provides such coverage.

II. But if the written contract requires:

A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or
B. additional insured coverage with "arising out of' language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.

IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:

1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and

2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.

V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:

CNA75079XX (10-16)

VALLEY FORGE INSURANCE COMPANY
Insured Name: CANNON CORPORATION
Policy No: 6079204724
Endorsement No: 19
Effective Date: 09/01/2021
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. primary and non-contributing with other insurance available to the additional insured; or

2. primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:

Any additional insured pursuant to this endorsement will as soon as practicable:

1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.

VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:

A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:

1. the bodily injury or property damage; or

2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.

Any coverage granted by this endorsement shall apply solely to the extent permissible by law.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA75079XX (10-16)

VALLEY FORGE INSURANCE COMPANY
Insured Name: CANNON CORPORATION
Policy No: 6079204724
Endorsement No: 19
Effective Date: 09/01/2021
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA CNA PARAMOUNT
Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A

CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT:

1.IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND

2.WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following:

With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named lnsured's ongoing operations or your work included in the products-completed operations hazard.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
iiiiiiii
- !!!!!!!!
---- -
-
- CNA75008XX (10-16)

VALLEY FORGE INSURANCE COMPANY
Insured Name: CANNON CORPORATION
Policy No: 6079204724
Endorsement No: 23
Effective Date: 09/01/2021
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVJ:R OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57WEOL6H 1 H Endorsement Number:

Effective Date: 09/01/2021 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Cannon Corporation
1050 Southwood Drive
San Luis Obispo, CA 93401
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by _
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date: 09/01/2022
~

DATE (MM/DD/YYYY)
ACORd 01/27/2022
~ CERTIFICATE OF LIABILITY INSURANCE Acct#: 2807366
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES l:IEl.OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT 8ETWEEN THE ISSUINQ INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and· conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT
LOCKTON AFFINITY, LLC NAME: LOCKTON AFFINITY, LLC
PHONE I FAX P.O. BOX 879610 (A/C, No, Ext): 888-828-8365 (AIC, No): 913-1;52-7599 KANSAS CITY, MO 64187-9610 E-MAIL
ADDRESS:

INSURERISI AFFORDING COVERAGE NAIC#
INSURER A : Old Reoublic Insurance Comoanv 24147
INSURED INSURER B:

Cannon Corporation
1050 Southwood Dr INSURERC:

San Luis Obispo, CA 93401-5813 INSURER□:

INSURERE:

INSURERF:

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP

LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
f-- D CLAIMS- □ OCCUR

DAMAGE TO RENTED
f--
PRC:lAIC'C:C' ,c:,., ,...,.,., urence) $
f--
MED EXP /Anv one oerson\ $
f-- PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
ROLICY ORO- ri- PRODUCTS - COMP/OP AGG $ IFr.T
THER: $
A AUTOMOBILE LIABILITY X X L315536-21 09/01/2021 09/01/2022 '>INL,Lt::LIMII ~
$1,000,000 1~• accident)
X ANY AUTO BODILY INJURY (Per person) s
OWNED
-
SCHEDULED BODILY INJURY (Per accident) $
f-- AUTOS ONLY AUTOS
HIRED
-

NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY /Do, orr;nonl\ $
f-- -
$

UMBRELLA LIAB
HOCCUR EACH OCCURRENCE $
f--
EXCESS LIAB CLAIMS-MADE AGGREGATE s
OED I I RETENTION s $
WORKERS COMPENSATION I ~~tuTE I I OTHAND EMPLOYERS' LIABILITY E ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
- OFFICER/MEMBER EXCLUDED? $ N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached ii more space is required) GPBR: 2FL5 POLICY PROVIDES PROTECTION FOR ANY AND ALL OPERATIONS/JOBS PERFORMED BY THE NAMED INSURED WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION INCLUDED BY WRITTEN CONTRACT. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY.

Project Name: Technical Assistance for RFP Processes for Design Services for Line #0470 Petroleum Pipeline Abandonment Project Number: 220113
CERTIFICATE NUMBER· REVISION NUMBER·

CERTIFICATE HOLDER
City of Carpinteria SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 5775 Carpinteria Avenue BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carpinteria, CA 93103 ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
1Jt!)~

CANCELLATION
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

EXHIBITD

WORKERS' COMPENSATION REQUIREMENTS
The Consultant is required to sign and file a statement acknowledging its obligation to secure payment of Workers' Compensation before beginning work.
16 ACKNOWLEDGEMENT OF WORKERS' COMPENSATION OBLIGATION
I, Larry Kraemer, hereby acknowledge my obligation to secure payment of Workers' Compensation before beginning work.

Cannon Corporation
By: _
Larry Kraemer, Director, Public Infrastructure
Dated: -----------
17 EXHIBIT E

RESOLUTION OF CONSTRUCTION CLAIMS
The following pertains to Public Contract Code Sections 20104 through 20104.6 (Resolution of Construction Claims)

1. This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.

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

7. I ( commencing with Section 10240) of Chapter l of Part 2.

3. "Public work" means "public works contract" as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California.

4. "Claim" means a separate demand by the contractor for (a) a time extension, (b) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a pub! ic work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by the local agency.

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

6. This article applies only to contracts entered into on or after January I, 1991.

7. For any claim subject to this Agreement, the following requirements apply:
a. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. b. ( 1) For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. 18 7
'
(3) The City's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
l C. ( 1) For claims ofover fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. (3) The City's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. d. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. e. Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 ( commencing with Section 900) and Chapter 2 ( commencing with Section 910) of Part 3 of Division 3 .6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
f. This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

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

8. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both 19 parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.

9. (a) lfthe matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 ( commencing with Section l 141.10) of Title 3 of Part 3 of the Code of Civi I Procedure, notwithstanding Section 1141. l 1 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(b) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the patties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(c) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

10. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

11. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
l 2. In any suit filed under Section 20104.4, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court oflaw.

13. Pursuant to California Public Contract Code Section 7201, the City may not retain greater than five (5%) percent of contract price.
20 City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 12, 2022

ITEM FOR COUNCIL CONSIDERATION
Authorize the City Manager to execute Amendment No. 1 to the Agreement with Optony, Inc. to provide management and support related services for solar energy generation and storage projects.

STAFF RECOMMENDATION
Authorize the City Manager to execute Amendment No. 1 to the Agreement with Optony, Inc. to provide management and support related services for solar energy generation and storage projects in the not-to-exceed amount of $39,585 for a total amended amount of $59,535.

Sample Motion: I move to authorize the City Manager to execute Amendment No. 1 to the Agreement with Optony, Inc. to provide management and support related services for solar energy generation and storage projects in the not-to-exceed amount of $39,585 for a total amended amount of $59,535.

This motion requires a roll call vote

BACKGROUND
The California Independent System Operator (California ISO) maintains energy reliability for California's power grid on one of the largest and most modern power grids in the world. California ISO operates a transparent, accessible wholesale energy market. In recent years, prolonged drought conditions and increased heat advisories related to climate change contributed to an increase in the number of days each year in which California ISO issued advisories for energy conservation and alternative energy use.

Carpinteria is located at the end of the Southern California Edison (SCE) electric distribution grid. Due to the unique topography of the Santa Barbara south coast region, SCE's two high-voltage 220/66kV electric transmission lines are located in high-risk areas which, in turn, increased the risk of prolonged electrical outages should the transmission lines stop preforming. Solar energy generation and battery storage at City Amendment No. 1 to the Agreement with Optony, Inc.

September 12, 2022

facilities would reduce dependence on SCE's electric grid as well as furtharinq the. City's sustainability policy in improving energy resilience by promoting renewable energy, energy efficiency, and energy storage projects.

On July 8, 2019, the City Council adopted Resolution No. 5980, adopting the Strategic Energy Plan (SEP). The objective of the SEP was to address resiliency concerns through promotion of renewable energy development by identifying the total resource potential for solar development and prioritizing locations for renewable energy development throughout the City. One of the measures identified in the SEP is installation of solar energy generation and storage at City facilities.

On March 17, 2021, the Joint Utilities Committee, which includes members of the City Council as well as representatives from the boards of both the Carpinteria Valley Water District (CVWD) and the Carpinteria Sanitary District (CSD), approved coordination across the three agencies to move forward with exploring solar and storage opportunities at each agency's facilities.

On May 24, 2021, the City Manager executed an Agreement with Optony, Inc. in an amount of $4,200 for drafting a Request for Qualifications and Request for Proposal (RFQ/RFP) for solar energy generation and storage projects at various locations owned by said agencies. On July 13, 2021, the City entered into a new Agreement with Optony, Inc. for the not-to-exceed amount of $19,500 to assist with procurement management including administering the RFQ/RFP process.

The purpose of this agenda item is to seek authorization for the City Manager to execute Amendment No. 1 to the Agreement with Optony, Inc. to provide management and support related services for solar energy generation and storage projects in the notto-exceed amount of $39,585 for a total amended amount of $59,535.

DISCUSSION
The City, CVWD, and CSD worked with Optony, Inc. throughout the last year in order to determine suitable locations to be included in the RFQ/RFP. The draft RFQ/RFP is now ready to be issued for solicitation of qualifications. Amendment No. 1 to the Agreement, as shown in Attachment A, summarizes the following proposed tasks:

Contracting and Presentations Assistance
Consultant shall support the continuation of procurement including gathering and evaluating vendor responses as well as contract review, contract negotiations, and preparation of staff report outline, presentation talking points and slides for meetings with the City Council. Consultant shall act as buyer's agent for the City in order to safeguard their economic interests during final contracting, and reduce administrative burden on staff by delivering solicitation assistance and summary materials for presentations.

Amendment No. 1 to the Agreement with Optony, Inc.

September 12, 2022

Engineering Review and Construction Quality Management
Consultant shall provide independent engineering review during design and provide comments to developer at 50-, 90-, and 1 GO-percent plan set completion. During construction we will assist the City to resolve construction issues. On completion of and at commercial operation commissioning, Consultant shall inspect all final construction.

Amendment No. 1 also proposes to extend the term of the Agreement.

POLICY CONSISTENCY
The recommendation is consistent with Sustainable Community Policy (Resolution No. 5500) and the Carpinteria Strategic Energy Plan (Resolution No. 5908). The recommendation is also consistent with the City Council's desire for the Carpinteria community to implement the City Hall Solar Energy Generation and Storage Project as identified in the 2022 Annual Work Plan.

FINANCIAL CONSIDERATIONS
Amendment No. 1 would be performed under the City Hall Solar Energy Generation and Storage Project which is budgeted in the Adopted Fiscal Year 2022/23.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is consistent with the California Government Code Section 4525 et al. for procuring professional or consulting services.

OPTIONS

1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Optony, Inc. to provide management and support related services for solar energy generation and storage projects in the not-to-exceed amount of $39,585 for a total amended amount of $59,535. (Staff recommendation)

2. The City Council could choose to not approve the recommendation and direct staff as determined appropriate. However, non-action would delay solar energy generation and storage projects which consequently would not achieve the City's Annual Work Plan.

PRINCIPAL PARTIES EXPECTED AT MEETING
No parties are expected to be in attendance.

ATTACHMENTS
Attachment A: Amendment No. 1
Amendment No. 1 to the Agreement with Optony, Inc.

September 12, 2022
Page4
Staff contact:

Erin Maker, Environmental Program Manager
(805) 880-3415; [email protected]
Reviewed by:

John 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
Amendment No. 1 to Agreement

THIS PAGE INTENTIONALLY LEFT BLANK

CITY OF CARPINTERIA

FIRST AMENDMENT TO AGREEMENT FOR CONSULT ANT SERVICES
This First Amendment for additional consultant services for the City Hall Solar Energy Generation and Storage Project, for an amount not to exceed $39,585.00, is made and effective as of the 12th day of September 2022 between the City of Carpinteria, a municipal corporation ("City") and Optony Inc. ("Consultant"). This Amendment is made a part of the original Agreement for Consultant Services for the amount of $19,950.00, dated July 8, 2021. The amended total of the Agreement is $59,535.00 This amendment also extends the term of the original Agreement to August 30, 2023.

Additional Consultant services for the City Hall Solar Energy Generation and Storage Project include items as noted in the Scope of Work (Attachment A-1 ), at the negotiated contract fee as stated in the Payments and Rate Schedule (Attachment B-1 ); and said attachments are made a part of this Amendment.

Authority to Execute this Amendment
The person or persons executing this Amendment on behalf of Consultant warrants and represents that he/she has the authority to execute this Amendment on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

The City Manager, on this 12th day of September, 2022, approves this Amendment.

IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first written above.
"CITY"
City of Carpinteria
"CONSULTANT"
Optony, Inc.

By: _
David Durflinger, City Manager
By: _
Byron Paktor, Chief Executive

THIS PAGE INTENTIONALLY LEFT BLANK
2 ATTACHMENT A-1
3 REVISED SCOPE OF SERVICES
Date:

To:

Subject:

July 22, 2022
Erin Maker, Environmental Coordinator,
City of Carpenteria Public Works
[email protected]
Task 3 Scope & Budget Revisions
Revised Scope of Services for:

RFP Management and Support Related to Solar
and Storage Development
Presented to:

City of Carpinteria
Presented by: Jonathan Whelan, Director of Operations, Optony Inc.

[email protected]
i ll□PTONY I
() Conserve Resources by Using Recycled Paper When Printing This Proposal () This proposal includes an update and division of the budgets by each participating agency for the continuation of the project.

Scope of Work
Task 1. RFP Advisement
Optony staff will assist in reviewing an existing draft RFP which may already exist; defining any necessary additional RFP requirements; and in managing improvements for the RFP plan based on the latest industry trends and best practices.

Task 1 Goal: Editing of RFP and suggestions for a procurement plan to address stakeholder goals and optimize industry participation.

Task 2. Procurement Management
Optony will take the lead in writing the final solicitation-and evaluation criteria, issuing the RFP, gathering vendor responses, evaluating vendor responses, and coordinating short list interviews.

Task 2 Goal: Reduce administrative burden on staff by delivering a project management suite of services for a solar and/or energy storage procurement including industry standard scoring rubric evaluation of proposals.

Task 3. Contracting and Presentations Assistance
Optony will support the continuation of procurement including gathering and evaluating vendor responses as well as contract review, contract negotiations, and preparation of staff report outline, presentation talking points and slides for meetings with Council/Board decision makers.

Task 3 Goal: Act as buyer's agent for the City/agencies to safeguard their economic interests during final contracting, and reduce administrative burden on staff by delivering solicitation assistance and summary materials for presentations.

Task 4. Engineering Review and Construction Quality Management We will provide independent engineering review during design and provide comments to developer at 50%, 90% and 100% plan set completion. During construction we will assist the City/agency to resolve construction issues. On completion of and at commercial operation commissioning Optony we inspect all final construction.

Task 4 Goal: Minimize construction schedule risks and ensure maximum construction quality for City/agency.

Note: Exact scope of Task 4 is dependent on the completion of Task 3 and sites selected for development. 0 Conserve Resources by Using Recycled Paper When Printing This Proposal (} I
--'

THIS PAGE INTENTIONALLY LEFT BLANK
4 ATTACHMENT B-1
5 Proposed Fees
..,
~ l
j
Task Agency Fee
Task Billed to Remaining
Total Date Budget
Task 1 City $4,200 $4,200 $4.200 $0
Task 2 City $19,950 $19,950 $19,950 $0
Procurement Contracting &
Management Presentations
1, City Assistance
Task 3 $2,650 $9,650 $44,900 $0 $44,900
Sanitary District $2,650 $9,650
Water District $2,650 $17,650
City (3 sites) $27,285
* Task 4 Sanitary District ( 1 site) $13,095 $88,950 $0 $88,950 Water District (6 sites) $48,570
Original Contract Amount
Proposed Budget Extension
TOTAL REVISED FEE $158,000
$150,000
$8,000
Project Schedule
Task Original Revised Target Status '
Target Start Target Start Completion
i
'
'
Task l. RFP Advisement May 2021 Complete
Task 2. Procurement Management June 2021 March 2022 Complete Task 3. Contracting and Presentation Aug 2021 Jul 2022 Dec 2022 Upcoming Assistance * Task 4. Engineering Review and Oct 2021 Jan 2023 Aug 2023 Upcoming Construction Quality Management * Dates and budget for Task 4 are tentative and dependent on the completion of Task 3 and sites selected for development
0 Conserve Resources by Using Recycled Paper When Printing This Proposal 0

THIS PAGE INTENTIONALLY LEFT BLANK
6 C tv of Carpinteria
Cour,rcrr- Aceruoa Srerr Reponr
September 12,2022

ITEM FOR COUNCIL CONSIDERATION
An Agricultural Lease Agreement with Caltrans for the four acre Property located at 1212 Casitas Pass Road. The Property is known as State Parcel 011443 (formerly a portion of APN: 001-070-012)

STAFF RECOMMENDATION
Action ltem: X Non-Action ltem
Authorize the City Manager to sign the Agricultural Lease Agreement with Caltrans for State Parcel 011443.

Sample Motion: I move to authorize the City Manager to execute the Agricultural Lease Agreement with Caltrans for State Parcel 011443.

BACKGROUND
Caltrans purchased the property at 1212 Casitas Pass Road (APN: 001-070-012) (Property) several years ago as a part of the Linden and Casitas Pass freeway interchange improvement project (Project). The Property improvements included a single family home and an avocado orchard. The Project required only a portion of the Property and a remainder portion of the Avocado orchard remains.

Caltrans received the City's approval of the Project Conditional Use PermiUCoastal Development Permit (Permit), in2015. The Property is zoned Agricultural. The Permit has a condition requiring that Caltrans transfer the remainder Property to the City for agricultural use in perpetuity.

On April 25,2022, the City Council authorized the execution of Caltrans Mitigation Coop Agreement #05-0304, which will ultimately transfer title to the Property to the City. Timing of the transfer is unknown but expected within the next 12 months.

The purpose of this agenda matter is to allow for the Council's consideration and approval of an interim Agricultural Lease that would permit the City to access and maintain the property prior to the transfer of title being completed.

Agricultural Property Lease
September 12,2022

DtscusstoN
Caltrans has agreed to transfer ownership of the property to the City and the City has agreed to accept the Property under the terms of a Mitigation Cooperative Agreement.

Caltrans is not certain how much time will be required to process the permanent transfer with the recordation of a Director's Deed Grant. Estimates are at least several months but could be as long as a year.

Since Caltrans acquired the property, it has arranged for the cultural care of the orchard through a third party agricultural management service. The management service stopped providing cultural care to the property at the end of 2021 and the Property has gone unmanaged since then. City Staff noticed the trees were stressed and discovered that Caltrans was no longer providing cultural care for the property either in house or with the use of a service provider. This lack of care included essential irrigation for the trees.

City and Caltrans representatives have discussed the situation and determined that during the interim before the Property is transferred to the City's ownership, it is desirable for City and Caltrans to enter into an agreement that allows for the City to care for the property.

Caltrans has prepared an Agricultural Lease Agreement that has the following basic terms:

1. The City will pay nominal rent.

2. No security deposit is requested.

3. City pays the cost of Avocado farming. ln this case that is mostly water costs.

4. City use is limited to avocado farming.

5. There is a thirty day cancellation term by either party.

6. Term of the agreement is for one year, from July 152022 to July 14,2023, with any holdover being a year-to-year tenancy.

G/MatVPark-Rec / Casitas Pass Avocado Property/Staff Report Agricultural Property Lease
September 12,2022

Effectively, the Agricultural Lease Agreement would establish similar maintenance obligations and costs that the City will have once it owns the Property. lt also includes similar use restrictions. When transferred, the Director's Deed Grant will include a permanent restriction on use of the Property by the City.

Exhibit D to the Mitigation Cooperative Agreement states the following The following restriction is proposed to be added to the Grant Deed for the Whitney Parcel. Grantee, its successors and assigns, may use the Property only for agricultural purposes. Agricultural purposes shall mean the use of the Property for primarily outdoor farming activities, but may also include agricultural related improvements and uses including barns, sheds, water wells, offices and classrooms. Allowed Agricultural related activities include but are not limited to:
production, harvesting, storage, grading of product, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities, agricultural related education and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, irrigation, drainage and water management. Any Agricultural related structure(s), improvement(s), or use(s) of the Property shall require a Coastal Development Permit from the City.

Decisions by the City Council on how to manage the property once title has transferred will be required. Staff will bring forth additional information at a future date about options for both near and long-term options in this regard.

POLICY CONSISTENCY
Section 65402 of the California Government Code requires planning agencies to make a finding of General Plan conformance whenever a governmental entity proposes to acquire or dispose of property.

On November 23, 2015, the Carpinteria Planning Commission approved the Linden Avenue/Casitas Pass Road lnterchanges and Via Real Extension Project and found that the transfer of the Property to the City as a condition of approval of the Project was consistent with the City's General Plan.

FI NANCIAL CONSIDERATIONS
The cost to the City to operate the 2.6 acre Property will include normal farming related tree care costs that include labor, water and nutrient management. These costs can be partially offset by the sale of fruit. Water costs can vary due to soil types, rainfall and daily temperatures. Avocado wholesale prices vary significantly from one month to the next. Staff estimates that water costs of $3,000 - $4,000 annually will be required.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
G/MatVPark-Rec / Casitas Pass Avocado Property/Staff Report Agricultural Property Lease
September 12,2022

The City Attorney will be available at the Council meeting to answer questions

OPTIONS

1. Authorize the City Manager to execute the Agricultural Lease Agreement (staff recommendation)

2. Direct changes to the draft agreement and submittal to Caltrans.

3. Do not execute the Agreement and provide direction to staff

PRINCIPAL PARTIES EXPECTED AT MEETING
None

ATTACHMENTS
Attachment A: Agricultural Lease Agreement
For Project lnformation
Staff contact: Matthew Roberts, Parks, Recreation and Public Facilities Director (805) 7 55-4449 [email protected]. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. us Signature
G/MatUPark-Rec / Casitas Pass Avocado PropertyiStaff Report Attachment A

AGRICULTURAL LEASE AGREEMENT
Tenancy Number 05-01 1 443-0001 -03
THIS LEASE is made and entered into this _ day of September 2022, by and between the State of California, Department of Transportation,
hereinafter known as Department, and City of Carpinteria, hereinafter known as Lessee, whose address is 5775 Carpinteria Avenue, Carpinteria, CA 93013.

WITNESSETH
1) DESCRIPTION: Department, in consideration of City's payment of rent, caretaking of the property that is the subject of this Agreement and the covenants herein contained, does hereby lease, demise, and let unto Lessee that certain property in the County of Santa Barbara, State of California, containing 2.6 acres, more or less, and legally described as follows:

State Parcel 011443
A visual representation of the lease area is indicated on the map attached hereto as Exhibit A and incorporated herein by this reference. 2) TERM: This Lease shall be for a term of one (1) year, commencing on the 15th day of July 2022, and ending on the 14th day of July, 2023, with the right of cancellation and termination in both Department and Lessee(s) as hereinafter set forth. 3) RENT: The rent shall be paid by Lessee on execution of this Agreement, in lavuful money of the United States, as follows:
$1.00 per year
4) RECEIPT OF MONIES PAID: Department acknowledges receipt of monies paid by Lessee(s) in the amount of one dollar ($1.00;, for the following purposes:

Rent $1.00
Security $ -0-
5) SECURITY DEPOSIT: Department herein waives receipt of a Security Deposit from City.
6) PAYMENTS: All rental payments shall be made payable to the Department of Transportation. Lessee shall make payment to Department's mailing address or street location as indicated below:

Department of Transportation
Attention: Cashier
Agricultural Lease Agreement
September 12,2022
page #6
P.O. Box 168019
Sacramento, CA 95816-801 I
Depa rtment of Transportation
Attention: Cashier
1820 Alhambra Boulevard, 2nd Floor
Sacramento, CA 95816
Lessee(s) shall include the complete Tenancy Number, 05-011443-0001-03, on the check or other form of payment.
8) DISHONORED CHECK CHARGE: Lessee(s) hereby agrees:
a) That Lessee(s) shall pay to Department a fee of $25.00 for the first dishonored check and $35.00 for a second dishonored check.
b) That if Lessee(s) has two (2) dishonored checks within any twelve (12) month period, the Department will no longer accept personal checks for payments due under this Lease.
9) UTILITIES: Lessee shall pay when due all utility and other charges accruing or payable, including utility deposits, in connection with Lessee's use of the property during the term of this lease.
10) NOTICES: All Notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when served personally, or when made in writing and mailed addressed as follows: To Lessee(s) at the above-stated and to Department at:

Department of Transportation
RA|/ Property Management
50 Higuera Street
San Luis Obispo, CA 93401
The address to which the notices shall be mailed to either party shall be changed by written notice by either party to the other, but nothing herein shall preclude the giving of notice by personal service. Department shall also be able to serve notices by posting and subsequent mailing to Lessee(s). 11) USE: Lessee(s) shall use the property for the following purposes only:
a) Avocado farming
b) Lessee shall not commit, suffer, or permit any waste on said property; Lessee shall not be obligated to remediate any waste that currently exists on the property.

G/MatUParks-Rec/Casitas Pass Avocado Property
Agricultural Lease Agreement
September 12,2022
page #7
c) Lessee shall comply with all Federal, State, and local laws and ordinances concerning said property and the use thereof.
d) Lessee shall cultivate, irrigate, fertilize, prune, and othenryise farm or take care of the property in accordance with approved practices of good husbandry, and to keep any buildings, fences, irrigation or other farming facilities on the property in good repair.
e) Lessee shall not permit hunting on the premises.
f) Lessee shall not allow vehicle or equipment washing, fueling, maintenance or repair on the property, unless separately authorized by this lease agreement for industrial activity.
12) ASSIGNMENT AND SUBLETTING: Lessee shall not assign or sublet this lease without Department's written consent. The Department has not consented to any assignments or sublets as of the effective date of this lease.

Any request by Lessee(s) to assign this lease shall be subject to the following:
a) An assignment will only be allowed to a person or entity of equal or greater financial responsibility than Lessee.
b) The proposed use must be the same or similar to that employed by Lessee. c) A written application from the proposed assignee is required. Lessee will pay all charges incurred for verifying information in the application process. d) Department has the right to raise the rent to current market value upon Lessee's exercise of a right to assign.
e) Assignment does not relieve the Lessee of any duties or obligations under the lease.
0 Any assignment is not deemed a consent to any subsequent assignment. 13) MAINTENANGE: Lessee shall keep property in a neat, clean, and orderly condition at all times during occupancy, including watering of shrubs and lawns (if applicable), and shall not permit rubbish, weeds, garbage, etc., to accumulate at any time. Lessee shall not permit or allow any graffitito be placed upon or remain upon any surface located on the leased property for longer than 48 hours 14) CONDITIONS AND REPAIRS: During the term of this Agreement, Lessee shall not call on Department to make any improvements or repairs on the property of any nature whatsoever and agrees to keep the same in good order and condition at Lessee's own cost and expense.
15) ALTERATIONS: Lessee shall not make or suffer any alteration to be made in or on the property without Department's written consent.
16) OWNERSHIP OF IMPROVEMENTS: All alterations made or added to the leased property by Lessee pursuant to Clause 15, except the Lessee inventory, equipment, and trade fixtures, shall be deemed real property and a part of the leased property, but shall remain the property of the Lessee during the term of this lease. Lessee hereby covenants and agrees not to grant a security interest in any G/MatUParks-Rec/Casitas Pass Avocado Property
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such items to any party other than Department. Any such alterations shall not be removed from the leased property during the term of this lease without Department's prior written consent. At the expiration of the term, or any sooner termination of this lease, all such alterations other than Lessee inventory, equipment, and trade fixtures, shall automatically become property of Department and shall be surrendered to Department as part of the leased property unless Department shall require Lessee to remove any such alterations in which case Lessee shall so remove the same. Department shall have no obligations to reimburse Lessee for all or any portion of the cost or value of any such alterations so surrendered to Department. Lessee shall be responsible for any damage caused to the leased property for the removal of such alterations at Department's demand.
17) TERMINATION: This lease shall be subject to cancellation or termination by either party at any time during the term hereof by giving the other party notice in writing at least 30 days prior to the date when such termination shall become effective. The Department will refund to Lessee any unused rent upon termination by either party prior to the Lease expiration date in Clause 2. 18) RELOCATION PAYMENT: Lessee acknowledges the following:, Lessee is
not entitled to receive any payments under either the State or the Federal Uniform Relocation Assistance Act. (Government Code, Section 7260, et seq.; 42 United States Code, Section 4601, et seq.)
19) VACATING THE PROPERTY: At the expiration of the term, or any sooner termination
of this lease, Lessee agrees to quit and surrender possession of the property and its appurtenances to Department in as good order and condition as the property was delivered to the Lessee. Prior to the expiration of the term, or any sooner termination of this lease, Lessee shall notify Department to perform a move-out inspection. Lessee agrees to reimburse the Department for any damage done to the property caused by Lessee occupation or tenancy excepting reasonable wear and tear and damage by the elements. Lessee shall not leave or allow to remain on the property any garbage, refuse, debris, or personal property. Lessee will pay Department any removal costs incurred by Department. On the date the property is vacated, Lessee agrees to deliver the property keys to the Department in person or at: 50 Higuera Street, San Luis Obispo, CA 93401. 20) POSSESSORY INTEREST: Tax bills inadvertently received by Lessee(s) should be fonryarded to Department for processing.
21) RIGHT OF ENTRY: Lessee(s) shall permit Department or its authorized agent to enter into and upon the property, with or without Lessee's presence, during normal business hours, subject to a twenty-four hour (24-hour) notice, for the following G/MatUParks-Rec/Casitas Pass Avocad o P roperty
Agricultural Lease Agreement
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purposes: routine inspections, maintaining the property, installing protective or conservation devices and for showing the property to prospective purchasers and/or lessees. Department reserves its right, without notice, to enter property in case of emergency or to prevent imminent harm to persons or property. 22) INSURANCE: Department is self-insured and will not keep the property insured against fire or any other insurable risk, and Lessee(s) will make no claim of any nature against Department by reason of any damages to Lessee's property in the event it is damaged or destroyed by fire or by any other cause. 23) INDEMNIFICATION: Lessee shall indemnify, defend, and hold the Department, its officers, agents and employees harmless from and against any loss, cost, or expense, including, but not limited to, attorney fees and court costs, resulting from any claim by any third party arising out of or connected to the actions of Lessee, notwithstanding Department's, its officers', agents'and employees'active or passive negligence, and/or regarding all acts and omission, including but not limited, to the willful misconduct or negligence of the Lessee.

Further, it is the parties intent that the indemnity provisions stated herein, apply to losses resulting from Lessee's negligence or any cause other than the willful misconduct or sole negligence of Department, its officers, agents or employees. 241HAZARDOUS MATERIALS: Hazardous materials are those substances listed in the
California Code of Regulations, Title 22, Division 4.5, Chapter 11, Articles 4 through 5, or those which meet the toxicity, reactivity, corrosivity or ignitability criteria of the California Code of Regulations, Title 22, Division 4.5, Chapter 11, Article 3, as well as any other substance which poses a hazard to health or environment.

Except as othenryise permitted in this Lease, Lessee(s) shall not use, create, store or allow any such substances on the premises. Fuel stored in a motor vehicle for the exclusive use in such vehicle is excepted.

In no case shall Lessee cause or allow the deposit or disposal of any such substance on the leased property. However, household products necessary for routine cleaning and maintenance of the property may be kept on the leased premises in quantities reasonable for current needs.

Department, or its agents or contractors shall at all times have the right to go upon and inspect the leased premises and the operations conducted thereon to assure compliance with the requirements herein stated. This inspection may include taking samples of substances and materials present for testing and/or testing soils or underground tanks on the premises, and reasonable advice notice of the same shall be provided to the City.

Breach of any of these covenants, terms, and conditions shall give Department authority to immediately terminate this lease. lt is the intent of the parties hereto that Lessee shall be responsible for and bear the entire cost of removal and disposal of hazardous materials or waste introduced to the premises during Lessee's period of use and possession as Lessee of the
G/MatVParks-Rec/Casitas Pass Avocado Property
Agricultural Lease Agreement
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page #1 0
Property; Lessee shall also be responsible for any cleanup and decontamination on or off the leased premises necessitated by such materials or waste.

Lessee shall further hold the State, and any officer or employee, harmless from all responsibility, liability and claim for damages resulting from the presence or use of hazardous materials on the premises during Lessee's period of use and possession.
25)WATER POLLUTION CONTROL: Lessee shall not allow discharge of contaminated storm water runoff or unauthorized non-storm water discharges to private or public storm water drainage systems. Lessee shall comply with State and Federal water pollution control requirements, and those of municipalities, counties, drainage districts, and other local agencies regarding discharges of storm water and non-storm water to sewer systems, storm drain systems, or any watercourses under jurisdiction of the above agencies.

Lessee shall implement and maintain the best management practices (BMPs) shown in the attached Stormwater Pollution Prevention Fact Sheet(s).

Lessee shall identify any other potential sources of storm water and non-storm water pollution resulting from Lessee's activities on the premises, which are not addressed by the BMPs contained in the attached Fact Sheet(s) and shall implement additional BMPs to prevent pollution from those sources. Additional BMPs may be obtained from the Right-of-Way Property Management and Airspace Storm Water Guidance Manual (RW Storm Water Manual) available for review at the Department's District Right of Way office or online at the RW Storm Water website. In the event of conflict between the attached Fact Sheet(s) and this Lease, this Lease shall control.

Lessee shall provide Department with the Standard lndustrial Classification (SlC) code applicable to Lessee's facilities and activities on the lease premises. A list of regulated SIC codes may be found at the State Water Resources Control Board (SWRCB)'s website. Other SIC codes may be found at the US Labor Department's website.

Department, or its agents or contractors, shall at all times have the right to go upon and inspect the premises and the operations conducted thereon to assure compliance with the requirements herein stated. This inspection may include taking samples of substances and materials present for testing, and/or testing of sewer systems, storm drains, or watercourses on the premises, and reasonable advice notice of the same shall be provided to the City.
26) WAIVER: lf any part of this Lease is invalid by reason of law or governmental regulation, or if any provisions hereof are waived by Department, the remaining portions of this lease shall remain in full force and effect. Department's receipt of G/MatUParks-Rec/Casitas Pass Avocado Property
Agricultural Lease Agreement
September 12,2022
page #1 1
rent with the knowledge of any breach of a provision of this lease shall not constitute a waiver of such breach.
27) AMENDMENTS: The terms of the lease may be, in writing, amended, revised, altered, or changed, by mutual consent of the parties hereto upon thirty (30) days' written notice. Any amendment, revision, alteration, or change shall operate with the same force and effect as the original agreement.
29) LITIGATION GOSTS: ln the event that a suit is necessary to enforce any of the provisions herein contained, or to recover possession of the premises, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements.
30) HOLD OVER: Should Lessee hold over after expiration of the term of this Lease with Department's expressed or implied consent, the tenancy shall be deemed to be a tenancy only from year to year, subject othenryise to all of the terms and conditions of this Lease so far as applicable.
31) NONDISCRIMINATION: The Lessee, for themselves, their heirs, personal representatives, successors in interest, and assigns as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that Lessee shall maintain and operate any facilities on the land or services offered thereon in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Par|21, Nondiscrimination in federally assisted programs of the Department of Transportation-Effectuation of Title Vl of the Civil Rights Act of 1964, and as said Regulations may be amended.

Lessee(s) also agrees that in the event of breach of any of the above nondiscrimination covenants, the State of California shall have the right to terminate the lease and to reenter and repossess said land and the facilities thereon and hold the same as if said lease had never been made or issued.

All services and/or benefits to be derived from any right of way activity undertaken by the Department, including the leasing and management of this property, will be administered without regard to race, color, national origin, sex, disability, religion, sexual orientation, and age under any program or activity receiving federal financial assistance in compliance with Title Vl of the 1964 Civil Rights Act and related federal statutes and state law.
32) ENCUMBRANCES: Lessee shall not encumber the leased premises in any manner whatsoever.
33) ASSIGNMENT FOR BENEFTT OF CREDTTORS, TNSOLVENCY, OR BANKRUPTCY:

G/MatUParks-Rec/Casitas Pass Avocado Property
Agricultural Lease Agreement
September 12,2022
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Appointment of a receiver to take possession of Lessee's assets, Lessee's general assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under the Bankruptcy Act is a breach of this lease and this lease shall terminate.
34) POSTING OF PROPERTY: Department or its agents shall at alltimes have the right to serve or to post thereon any notice required or permitted by law for protection of any right or interest of the Department.
33) HEADINGS: The marginal or clause headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof.

BREACH OF ANY OF THE ABOVE COVENANTS, TERMS, AND CONDITIONS

SHALL GIVE DEPARTMENT AUTHORITY TO IMMEDIATELY TERMINATE THIS AGREEMENT.

STATE OF CALIFORNIA

DEPARTM ENT OF TRANSPORTATION

APPROVAL RECOMMENDED
By
JEFFREY A. DESMET
Property Management

JOE ANDREU
Property Management Supervisor

CITY OF CARPINTERIA
By
i

DAVE DURFLINGER
City Manager
G/MatUParks-Rec/Casitas Pass Avocado Property
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 12, 2022

ITEM FOR COUNCIL CONSIDERATION
Revision to Civil Engineer Position Description and elimination of the authorized term limit.

STAFF RECOMMENDATION
Adopt Resolution No. 6158, revising the Civil Engineer position description and eliminating the limited term authorization.

Sample Motion: I move to approve and adopt Resolution No. 6158, revising the Civil Engineer position description and eliminating the limited term authorization, as read by title only.

BACKGROUND
On May 15, 2013, the City Council adopted Resolution No. 5460, approving the position and position description of Civil Engineer including an employment agreement term of five years. On February 24, 2020, the City Council adopted Resolution No. 5943, revising the Civil Engineer position description and authorizing the City Manager to extend the employment term for an additional five years to October 21, 2028.

The Civil Engineer position is currently classified as a Mid-Management position in accordance with the current Conditions of Employment for Management Personnel in Resolution No. 6144, as adopted on June 27, 2022. The position is established as "at will", and, as such, the employee serves at the pleasure of, and may be terminated without cause, by the City. The position is also exempt from the overtime requirements of the Federal Fair Labor Standards Act.

The City's Capital Improvement Plan (CIP) is administered by the Public Works Department under the Capital Improvement Program of the Engineering Division. The CIP is a long-range plan, and the City regularly updates it every five years in accordance with the Assembly Bill 1600 (also known as the Mitigation Fee Act) for substantiating the City's development impact fees. The Civil Engineer position was initially established as a part of the creation of a core engineering staff for implementing Civil Engineer Position
September 12, 2022

the CIP as well as the engineering permit program. The creation of an internal engineering team was a major shift away from the procurement of a majority of consulting services. This allowed the City to provide engineering services in a more cost effective and efficient manner by determining when work is kept in house and when consultant services are used. The core engineering staff implements the CIP including its development, implementation, and maintenance. Currently, the Public Works Department is utilizing consultant services in order to assist in implementing the CIP, especially for construction management and inspection services.

The Civil Engineer position was vacant since late 2019. In April 2020, the City Council directed the City Manager to enact a temporary stay on hiring for all established fulltime, part-time, and seasonal part-time positions in response to the pandemic shutdown. This temporary hiring stay affected an ongoing Civil Engineer position recruitment at the time. In June 2021, the City Council lifted the temporary stay on hiring, and the Civil Engineer position recruitment was reactivated. However, the recruitment was unsuccessful'.

Since the vacancy, the Public Works Department has utilized consulting services for all construction management and inspection services. In 2021 alone, the City had spent approximately $200,000 for said consulting services which excludes materials testing services. (Materials testing services is a highly specialize field that typically involves field and laboratory testing instruments or equipment. Most small local agencies such as the City are not capable or qualified to provide materials testing services, and this is usually performed by consulting services.)
The purpose of this agenda matter is for the City Council to consider and act on Resolution No. 6158, which, if approved, would revise the Civil Engineer position description and eliminate the limited term authorization.

DISCUSSION
The Public Works Director reassessed the Civil Engineer position and determined it as a position that should be a permanent position because:

1. The City's aging infrastructure and new and evolving community needs and expectations are expected to result in ongoing and significant CIP demands.

2. Measure X revenue will allow the City to make ongoing investments in public infrastructure and facilities.

3. The vibrant local economy and real estate values are expected to promote new investment requiring engineering permitting and inspection services. 1 The City received eight (8) employment applications, and three (3) were screened to have met the minimum criteria of the position description. Among the screened candidates, two (2) declined the City's invitation of interview. The remaining candidate was interviewed, but was not selected based on the interview panel's recommendation.

Civil Engineer Position
September 12, 2022

After study and review of the current and long-range workload in the Public Works Department as well as the Public Works Director's reassessment of the Civil Engineer position, the City Manager concurs with the elimination of the limited term position authorization. Should the City Council adopt Resolution No. 6158, as shown in Attachment A, it would revise the Civil Engineer position description and eliminate the limited term position authorization.

POLICY CONSISTENCY
The City Council's consideration of this matter is called for in Chapter 2.44 (Personnel System) of the Carpinteria Municipal Code and Resolution No. 5012, the City's personnel rules and regulations. The recommendation can be found consistent with the City's GIP, adopted budget, and the Measure X expenditure plan.

FINANCIAL CONSIDERATIONS
The Civil Engineer position is budgeted as a full-time equivalent position in the Fiscal Year 2022/23 Budget, and the recommendation would not change the number of fulltime equivalent positions in the Public Works Department. Furthermore, there would be no changes to the funding sources of the position as adopted in the Fiscal Year 2022/23 Budget. Should the City Council approve the recommendation, the Civil Engineer position will also continue to be budgeted in ensuing fiscal years.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal issues associated with this item. The recommendation is consistent with the City's Risk Management Program by improving level of service.

OPTIONS

1. Approve and adopt Resolution No. 6158. (Staff recommendation)

2. Direct changes to the draft resolution

3. Decline to modify the current parameters for the Civil Engineer position.

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

ATTACHMENTS
Attachment A: Resolution No. 6158
Staff contact:

John L. Ilasin, Public Works Director
(805) 880-3402; [email protected] ~S-ig~ nature
Civil Engineer Position
September 12, 2022

Reviewed by:

Michael Ramirez, Assistant City Manager
(805) 880-3415; [email protected]
Reviewed by:

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

ATTACHMENT A
Resolution No. 6158
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RESOLUTION NO. 6158

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA REVISING THE CIVIL ENGINEER POSITION
DESCRIPTION AND SUPERCEDING RESOLUTION NO. 5943
WHEREAS, establishing and maintaining appropriate and necessary position descriptions are essential to the efficient operation of the City; and WHEREAS, on May 13, 2013, the City Council adopted Resolution No. 5460, approving the position of Civil Engineer and authorizing the City Manager to enter into an employment agreement term of up to five years; and WHEREAS, on February 24, 2020, the City Council adopted Resolution No. 5943, revising the Civil Engineer position description and authorizing the City Manager to enter into an employment agreement for a term ending October 21, 2028; and
WHEREAS, after study and review, the City Manager has determined that meeting current and future service level needs and expectations of the Public Works Department, Engineering Division, including but not limited to efficient and effective capital improvement project delivery, requires the establishment of a full time Civil Engineer position without a limited contract term.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1.

The City Council approves and adopts the revised position description of Civil Engineer, dated September 2022, and attached hereto as Exhibit 1.

SECTION 2.

The term limit of the Civil Engineer position authorization is hereby eliminated.

SECTION 3.

The City Manager is authorized to implement these changes as determined appropriate and necessary.

SECTION 4.

This Resolution supersedes Resolution No. 5943.

Resolution No. 6158

PASSED, APPROVED AND ADOPTED on September 12, 2022, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST:

Brian C. Barrett, 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 September 12, 2022.

Brian C. Barrett, CMG, City Clerk
City of Carpinteria
APPROVED AS TO FORM:

Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
EXHIBIT 1 TO RESOLUTION NO. 6158
I

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POSITION DESCRIPTION
POSITION TITLE: CIVIL ENGINEER
CLASSIFICATION: Mid-Management/Supervisory/
Professional Contract
DEPARTMENT:

APPROVED BY:

Public Works
City Manager

REPORTING RELATIONSHIPS
POSITION REPORTS TO:

POSITIONS SUPERVISED:

Public Works Director/City Engineer
Paraprofessional staff

POSITION PURPOSE
Under general supervision of the Public Works Director/City Engineer, applies civil engineering knowledge (construction, environmental, geotechnical, structural, transportation, and water resources) to plan, design, and/or review capital improvement and land development projects. Responsible for preparing engineering plans, reports, studies, specifications, calculations, and cost estimates including researching and analyzing data. Conducts or calls for the testing of materials and reporting on properties and results. Performs construction project management, inspections, and/or engineering surveying on capital improvement and land development projects. Coordinates engineering activities with other City departments and outside agencies. Establishes and maintains effective communication, coordination, and working relationships with City staff and the general public.

In the absence of or as authorized by the Public Works Director/City Engineer, may serve as Deputy Public Works Director and/or Deputy City Engineer as well as Deputy City Traffic Engineer.

ESSENTIAL FUNCTIONS AND BASIC DUTIES

1. Performs civil engineering work including the planning, designing, and/or reviewing of capital improvement and land development projects.

2. Performs construction project management, inspections, and engineering surveying on capital improvement and land development projects.

3. Supervises paraprofessional staff. Manages consultants and contractors including the contract administration thereof.

4. Prepares engineering plans, reports, studies, specifications, calculations, and cost estimates including researching and analyzing data. Performs project management in the preparation thereof.

September 2022 Civil Engineer Page I

5. May represent the department at community or stakeholder meetings and workshops, inter-governmental agency meetings, utility coordination meetings, and City boards, committees, and Council meetings.

6. Reviews conditional use permits, coastal development permits, engineering permits, and special event permits. Prepares permit conditions of approval.

7. Assists the Public Works Director/City Engineer in developing department budget and work plans.

8. Researches and analyzes data used in the planning and designing of an engineering project. a. Performs field investigations. Coordinates with utility companies and regulatory agencies. b. Conducts or calls for testing of materials and reporting on properties and results. c. Analyzes data including, but not limited to, traffic counts (vehicular, pedestrian, and bicycle), material tests (soils/aggregate, concrete, asphalt concrete, steel, timber, masonry, piping, and manufactured products), hydraulic and hydrologic modeling, and environmental tests. d. Researches case studies and records relevant data. Researches applicable codes; standards; and federal, state, and local regulations.
e. Utilizes and calibrates engineering computation and measuring instruments and tools including, but not limited to, calculator, land survey transit and level, and tape measure.

9. Applies collected data in all stages of an engineering project. a. Determines cost and technical feasibility based on collected data. Makes accurate estimates. b. Determines quantities, capacities, and dimensions of materials. c. Prepares or directs the preparation of engineering reports detailing data and results of tests conducted.
d. Manages engineering activities including ensuring conformance with applicable plans; specifications; codes; standards; and federal, state, and local regulations.

10. Establishes and maintains effective communication, coordination, and working relationships with City staff and the general public.
a. Keeps the Public Works Director/City Engineer informed of status of projects or tasks and of progress attained in reaching established objectives.
b. Provides customer service. Answers questions and concerns in a timely and professional manner. c. Ensures engineering activities meet the department and the City's mission and objectives. e. Coordinates engineering activities with other departments and outside agencies.

11. Responsible for related duties as required or assigned. a. Ensures personal work area is clean, secure, and well-maintained. b. Keeps current on new civil engineering developments, methods, and techniques. c. Completes projects and tasks as assigned.
d. Participates in civil engineering-related professional associations as required.

September 2022 Civil Engineer Page2

QUALIFICATIONS
EDUCATION/CERTIFICATION:

REQUIRED KNOWLEDGE:

EXPERIENCE REQUIRED:

SKILLS/ABILITIES:

Bachelor degree in civil engineering or related field. Must be a Registered Civil Engineer in the State of California at time of appointment.

Municipal government operations, rules, and regulations.

Public works department or agency processes and procedures.

Civil engineering principles, practices, and methods.

Construction safety including personal protective equipment.

Personal computer hardware and business and engineering software.

Office equipment.

Minimum four years of progressive, professional experience in civil engineering.

Minimum one year of supervisory experience.

Analytical and problem-solving skills.

Exercise independent judgment.

Well organized.

Customer service-oriented.

Written and verbal communication skills.

Public speaking skills.

Hand drafting and computer-aided drafting skills.

PHYSICAL ACTIVITIES AND REQUIREMENTS OF THIS POSITION
FINGER DEXTERITY:

TALKING:

AVERAGE HEARING:

AVERAGE VISUAL ABILITIES:

PHYSICAL STRENGTH:

Using primarily just the fingers to make small movements such as typing, picking up small objects, or pinching fingers together.

Especially where one must frequently convey detailed or important instructions or ideas accurately, loudly, or quickly.

Able to hear average or normal conversations and receive ordinary information.

Average, ordinary, visual acuity necessary to prepare or inspect documents or products, or operate machinery.

Sedentary and field work. Exerts up to 10 lbs. of force occasionally.

WORKING CONDITIONS: Work is performed both inside and outside, including working within designated construction work zones. Subject to weather. Frequent local travel.

MENTAL ACTIVITIES AND REQUIREMENTS OF THIS POSITION
REASONING ABILITY: Ability to apply logical or scientific thinking to define problems, collect data establish facts and draw conclusions.

Able to interpret a variety of technical instructions and can deal with multiple variables.

September 2022 Civil Engineer Page 3
MATHEMATICS ABILITY:
7 ' LANGUAGE ABILITY:

Ability to use advanced algebra, exponents, logarithms, linear equations, quadratic equations, mathematical induction and binomial theorem, permutations, calculus, and/or analytic geometry.

Able to perform basic statistical calculations including frequency distributions, reliability and validity of tests, normal curve, analysis of variance, correlation techniques, chi-square application and sampling theory, and factor analysis.

Ability to read a variety of technical books, magazines, instruction manuals, atlases, and encyclopedias.

Ability to prepare memos, reports, and essays using proper punctuation, spelling, and grammar.

Ability to communicate distinctly with appropriate pauses and emphasis, correct pronunciation (or sign equivalent), and variation in word order using present, perfect, and future tenses.

INTENT AND FUNCTION OF JOB DESCRIPTIONS
Job descriptions assist organizations in ensuring that the hiring process is fairly administered and that qualified employees are selected. They are also essential to an effective appraisal system and related promotion, transfer, layoff, and termination decisions. Well-constructed job descriptions are an integral part of any effective compensation system.

All descriptions have been reviewed to ensure that only essential functions and basic duties have been included. Peripheral tasks, only incidentally related to each position, have been excluded. Requirements, skills, and abilities included have been determined to be the minimal standards required to successfully perform the positions. In no instance, however, should the duties, responsibilities, and requirements delineated be interpreted as all inclusive. Additional functions and requirements may be assigned by supervisors as deemed appropriate.

In accordance with the Americans with Disabilities Act, it is possible that requirements may be modified to reasonably accommodate disabled individuals. However, no accommodations will be made which may pose serious health or safety risks to the employee or others or which impose undue hardships on the City.

Job descriptions are not intended as and do not create employment contracts. The City maintains its status as an at-will employer.

Employees can be terminated for any reason not prohibited by law.

September 2022 Civil Engineer Page 4
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 12, 2022

ITEM FOR COUNCIL CONSIDERATION
Ordinance No. 759, an Ordinance of the City Council of the City of Carpinteria, California, Amending Chapter 15.50 (Flood Damage Protection) of Title 15 (Buildings and Construction) in the Carpinteria Municipal Code.

STAFF RECOMMENDATION
Approve Ordinance No. 759, as read by title only (first reading).

Sample Motion: I move to approve Ordinance No. 759, waive further reading, introduce as read by title only and continue for adoption to September 26, 2022. (Requires reading of ordinance title and a roll call vote.)

BACKGROUND
Pursuant to California Government Code Sections 65302, 65560, and 65800, the State Legislature conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

Chapter 15.50 (Flood Damage Protection) of Title 15 (Buildings and Construction) of the Carpinteria Municipal Code
1 provides for floodplain management regulations in
accordance with said statutes based on the following facts:

A. Flood hazard areas are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of 1 Ord. 589, 2003; Ord. 496, 1993; Ord. 416, 1987; Ord. 658, 2012 Ordinance No. 759, Flood Damage Protection
September 12, 2022
Page2
obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to the flood loss.

One of the work plan items in the City's 2022 Annual Work Plan is for the Carpinteria community to participate in the National Flood Insurance Program (NFIP) Community Rating System (CRS) program. The NFIP is managed by the Federal Emergency Management Agency (FEMA). The objective of this work plan item is to obtain the CRS program benefits for the Carpinteria community. The CRS is a voluntary program for recognizing and encouraging community floodplain management activities exceeding the minimum NFIP standards. Under the CRS, flood insurance premium rates are discounted to reward community actions that meet the three goals of the CRS, which are to 1) reduce and avoid flood damage to insurable property, 2) strengthen and support the insurance aspects of the NFIP, and 3) foster a comprehensive approach to floodplain management.

Participation in the CRS includes the following benefits:

1. Communities participating in CRS receive lower cost flood insurance rates.

2. Citizens and property owners in CRS communities have increased opportunities to learn about risk, evaluate their individual vulnerabilities, and take action to protect themselves, as well as their homes and businesses.

3. CRS floodplain management activities provide enhanced public safety, reduced damage to property and public infrastructure, and avoidance of economic disruption and loss.

4. Communities can evaluate the effectiveness of their flood programs against a nationally recognized benchmark.

5. Technical assistance in designing and implementing some activities is available to community officials at no charge.

6. CRS communities have incentives to maintain and improve their flood programs over time.

The CRS uses a Class rating system that is similar to fire insurance rating to determine flood insurance premium reductions for residents. CRS Classes are rated from 9 to 1, with 9 being the lowest and 1 being the highest. Most communities enter the program at a CRS Class 9 or Class 8 rating, which entitles properties in a Special Flood Hazard Area (SFHA) to a 5-percent discount on flood insurance premiums for a Class 9 or a 10- percent discount for Class 8. As a community engages in additional mitigation activities, its residents become eligible for increased NFIP policy premium discounts. Each CRS Class improvement produces a 5-percent greater discount on flood insurance premiums for properties in the SFHA.

One of the particular requirements of participating in the CRS in California is for the local government's floodplain management regulations to be up-to-date including the incorporation of provisions consistent with Title 24 of the California Code of Regulations, the California Building Standards Code consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes. Ordinance No. 759 incorporates provisions consistent with Title 24 of the California Code of Regulations, Ordinance No. 759, Flood Damage Protection
September 12, 2022

the California Building Standards Code, and would further the Carpinteria community's eligibility of participating in the CRS.

The purpose of this agenda matter is for the City Council to adopt Ordinance No. 759 amending Chapter 15.50 of Title 15 in the Carpinteria Municipal Code.

DISCUSSION
Adoption of Ordinance No. 759, as shown in Attachment A, would amend Chapter 15.50 (Flood Damage Protection) of Title 15 (Buildings and Construction) in the Carpinteria Municipal Code by incorporating provisions consistent with Title 24 of the California Code of Regulations, the California Building Standards Code. Ordinance No. 759 is intended to be administered and enforced in conjunction with the California Building Standards Code.

Staff sought, and FEMA provided, FEMA's technical review of the City's proposed amendments to Chapter 15.50, as shown in Attachment B of an annotated draft ordinance. Ordinance No. 759 incorporates FEMA's suggested and required revisions.

POLICY CONSISTENCY
The recommendation is consistent with Objective S-4 of the General Plan and Local Coastal Plan's Safety Element:

Minimize the potential risks and reduce the loss of life, property and the economic and social dislocations resulting from flooding.

The recommendation is also consistent with the City Council's desire for the Carpinteria community to participate in the National Flood Insurance Program Community Rating System program as identified in the 2022 Annual Work Plan.

FINANCIAL CONSIDERATIONS
There is no cost in adopting Ordinance No. 759. A budget expense account is not currently in the Fiscal Year 2022/2023 Budget for administering the CRS. Once FEMA approves the City's participation in the CRS, staff anticipates proposing an appropriation at either the mid-year budget review or next fiscal year's budget for administering the CRS. Currently, development project applications typically pay for the City's review of conformance with the floodplain management regulations.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
In accordance with the requirement established in state statutes that the City administers and enforces the California Building Standards Code, the City acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, Ordinance Ordinance No. 759, Flood Damage Protection
September 12, 2022
Page4
No. 759 is intended tn he administered and enforced in conjunction with the building codes.

OPTIONS

1. Approve Ordinance No. 759. (Staff recommendation)

2. Direct changes to the draft ordinance

3. The City Council could choose not to participate in the CRS. Electing this option would result in the Carpinteria community not being eligible to participate in the National Flood Insurance Program Community Rating System program including its benefits, which consequently would not achieve the City's Annual Work Plan.

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

ATTACHMENTS
Attachment A:

Attachment B:

Ordinance No. 759
Annotated Draft Ordinance
Staff contact:

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

Dave Durflinger, City Manager
(805) 755-4400, [email protected]
~ign-a\./4- tu e '

ATTACHMENT A
Ordinance No. 759

THIS PAGE INTENTIONALLY LEFT BLANK
ORDINANCE NO. 759

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, AMENDING CHAPTER 15.50 (FLOOD
DAMAGE PROTECTION) OF TITLE 15 (BUILDINGS AND

CONSTRUCTION) OF THE CARPINTERIA MUNICIPAL CODE
WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and;
WHEREAS, the Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries of the City of Carpinteria (City) and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and
WHEREAS, the City was accepted for participation in the National Flood Insurance Program on March 15, 1977, and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, on September 28, 1987, the City Council adopted Ordinance No. 416, amending the Carpinteria Municipal Code by repealing Sections 15.16.170 and

15.16.180 and adding Chapter 15.50, "Flood Damage Protection," that relates to flood damage protection regulations; and
WHEREAS, on November 8, 1993, the City Council adopted Ordinance No. 496, amending Chapter 15.50; and
WHEREAS, on April 14, 2003, the City Council adopted Ordinance No. 589, amending Chapter 15.50; and
WHEREAS, on October 9, 2012, the City Council adopted Ordinance No. 658, amending Chapter 15.50; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part

1.5 and Part 2.5, the City is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and WHEREAS, the City sought, and FEMA provided, FEMA's technical review of the proposed amendments to Chapter 15.50, and the proposed amendments to Chapter

15.50 incorporate FEMA's suggested and required revisions; and '
Ordinance No. 759