Carpinteria City Council
September 26, 2022

City of Carpinteria
City Council Regular Meeting Agenda
Monday, September 26, 2022
Council Chamber, 5775 Carpinteria Avenue
4:30 p.m. Closed Session - 5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
*Amended Agenda
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 EMAIL ADDRESS) or (2)
City Council Regular Meeting Agenda
September 26, 2022

the eComment link on the City's agenda website (https://carpinteriaca.gov/cityhall/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 inperson in the City Council Chambers). Additional options may be made available at the meeting.

Also, please note that Spanish interpretation will be available at the in-person meeting and through the City’s Zoom webinar.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENT ON CLOSED SESSION MATTERS

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Based on existing facts and circumstances, the legislative body is deciding whether to initiate litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case. Pursuant to Government Code Section 54956.9 (a), and based on advice from legal counsel, the City Council finds that discussion in open session will prejudice the position of the City in the litigation. Participants: Dave Durflinger, City Manager, Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber Schreck, acting as City Attorney of the City of Carpinteria, and Michael Ramirez, Assistant City Manager.

TEMPORARY ADJOURNMENT TO CLOSED SESSION

CALL TO ORDER

ROLL CALL

CLOSED SESSION REPORT

PLEDGE OF ALLEGIANCE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

2. Presentation in honor of members of the Boys & Girls Club who have achieved Gold Card status.

City Council Regular Meeting Agenda
September 26, 2022

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

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

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

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

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

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

3. Receive and file the Expenditures for the period beginning September 3, 2022 and ending September 16, 2022.

4. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for the month of July 2022.

5. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for the month of August 2022.

City Council Regular Meeting Agenda
September 26, 2022

6. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of July 19, 2022 through September 19, 2022.

7. Adopt Resolution No. 6161, approving an amendment to the City’s Conflict of Interest Code.

8. Adopt 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 (Requires a roll call vote.) ADMINISTRATIVE MATTERS:

9. Adopt Resolution No. 6162, Approving an Appointment to the Architectural Review Board.

Recommendation: Adopt Resolution No. 6162, approving an appointment to the Architectural Review Board.

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

10. Authorize a term extension of the Ad Hoc Harbor Seal Committee (Committee) to when the City Council accepts the Committee’s Final Report or to June 30, 2023 whichever comes first.

Recommendation: Authorize a term extension of the Ad Hoc Harbor Seal Committee (Committee) to when the City Council accepts the Committee’s Final Report or to June 30, 2023 whichever comes first.

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

11. Consultant Services Agreement Amendment No. 3 between the City of Carpinteria and Wood Environment & Infrastructure Solutions, Inc., (Wood) for planning and environmental services in support of the City’s Coastal Land Use Plan and General Plan (CLUP/GP) Update for an amount not-to-exceed $391,490.

Recommendation: Authorize the City Manager to execute Amendment No. 3 (Attachment A) to the Agreement for Consultant Services to help complete the CLUP/GP Update, including the Program Environmental Impact Report, increasing the not-to- City Council Regular Meeting Agenda
September 26, 2022

exceed amount by $391,490, for a total contract amount of $1,372,202. (This motion requires a roll call vote.)
Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination

12. Consultant Services Agreement between the City of Carpinteria and DUDEK, for a oneyear term to support the City in completing a variety of Advanced Planning projects for an amount not-to-exceed $240,580.

Recommendation: Authorize the City Manager to execute an Agreement for Consultant Services with DUDEK for a one-year term to support the City in completing a variety of Advanced Planning projects for an amount not-to-exceed $240,580. (This motion requires a roll call vote.)
Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination

13. Authorize the City Manager to execute Amendment No. 3 to the Agreement with Avila & Associates, Inc. to provide hydrology and hydraulic engineering services.

Recommendation: Authorize the City Manager to execute Amendment No. 3 to the Agreement with Avila & Associates, Inc. to provide hydrology and hydraulic engineering services in the not-to-exceed amount of $37,356 for a total amended amount of $240,228. (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

14. Authorize the City Manager to execute Amendment No. 1 to the Agreement with CPS HR Consulting (A2022-009) to provide recruitment and selection services, and Amendment No.1 to the Agreement with Regional Government Services (A2022-016) to provide general human resources support services.
*Recommendation: (1) Authorize the City Manager to execute Amendment No. 1 to the Agreement with CPS HR Consulting (A2022-009) to provide recruitment and selection City Council Regular Meeting Agenda
September 26, 2022

services in the not-to-exceed amount of $60,000 for a total amended amount of $90,000; and Amendment No. 1 to the Agreement with Regional Government Services (A2022- 016) to provide general human resources support services in the not-to-exceed amount of $130,000 for a total amended amount of $160,000. (2) Approve an appropriation of $190,000 from the General Fund available balance ($590,137) for the purpose of recruitment and selection services, and general human resources support services. (This motion requires a roll call vote.)
Staff Presenter: Michael Ramirez, Assistant City Manager a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING:

15. Hearing at the Request of the City of Carpinteria to: (1) Introduce Ordinance No. 758, an amendment to the City’s Local Coastal Program that makes changes to the Zoning regulations and Zoning Map of the Carpinteria Municipal Code by adding regulations concerning Accessory Dwelling Units and Junior Accessory Dwelling Units (Project No. 19-2008-LCPA/ORD); and (2) Adopt Resolution No. 6160, certifying that Ordinance No. 758 is intended to carry out the policies of the City’s certified Local Coastal Plan consistent with the California Coastal Act, and direct that the proposed Local Coastal Plan Amendment be transmitted to the California Coastal Commission for certification.

Recommendation: (1) That the City Council adopt Resolution No. 6160 (Attachment 1), certifying that Ordinance No. 758 is intended to carry out the policies of the City’s Local Coastal Plan consistent with the California Coastal Act, and directing that Ordinance No. 758 be transmitted to the California Coastal Commission for filing; and (2) That the City Council adopt Ordinance No. 758 (Attachment 2), amending Title 14 (Zoning) of the Carpinteria Municipal Code by establishing Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations in Chapter 14.72, including an ADU Beach Neighborhood Overlay District (as delineated in Exhibit 1 of the Ordinance), and by rescinding the Residential Second Dwelling Unit regulations of Chapter 14.72. (3) That City Council determine that Ordinance No. 758, is statutorily exempt from review under California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which states that CEQA does not apply to adoption of an Accessory Dwelling Unit ordinance to implement the provisions of State Government Code Section 65852.2 (Attachment 3). (4) That the City Council determine that Ordinance No. 758 is categorically exempt from review under CEQA in accordance with CEQA Guidelines Section 15303, which exempts new construction or conversion of small structures, as in the case of a Junior Accessory Dwelling Unit, implemented under the provisions of State Government Code Section 65852.22 (Attachment 3). (This motion requires reading of ordinance title and roll call vote.) Staff Presenter: Steve Goggia, Community Development Director City Council Regular Meeting Agenda
September 26, 2022

a. Staff Report
b. Public Comment
c. City Council Determination
OTHER BUSINESS:

16. Proposal of new Classification and Compensation Schedule for implementation of the 2021 Total Compensation Report consultant salary range recommendations.

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

Staff Presenter: Michael Ramirez, Assistant 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
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) City Council Regular Meeting Agenda
September 26, 2022

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

3. Ad Hoc Committees
a. COVID-19 Communications Committee (Clark & Nomura)
b. Harbor Seal Advisory Committee (Clark & Lee)
c. Senior Services Planning Committee (Carty & Lee)

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

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS

ADJOURNMENT
The next regular City Council meeting will be held October 10, 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 21, 2022, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.
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City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 26, 2022

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

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

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

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

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

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

Monthly City Treasurer's Report
September 26, 2022

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

FINANCIAL CONSIDERATIONS
Cash Statement: At July 31, 2022, the City held cash and cash investments as shown in the table below.

Table I
CASH ACTIVITY FOR THE MONTH:
- l
1 Cash and Investment Beginning of the Month
Cash Receipts
Cash Disbursements
Cash and Investment End of the Month
$ 19,446,245.32 ,
5,967,074.76
(6,289,525.44)
$ 19,123,794.64 I
Investments:

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

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

At July 31
st the portfolio's average days to maturity was 1.90 years, the average coupon rate was 1.55%, the average yield to maturity was 2.82%, the par value was $9,336,000 and Market Value was $9,060,157.47.

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

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

The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period February 1, 2023. \\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
September 26, 2022

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

PRINCIPAL PARTIES EXPECTED AT MEETING
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ATTACHMENTS
City of Carpinteria Treasurer's Report
Staff contact: Licette Maldonado,
Administrative Services Director
(805) 755-4448, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
j
Signature
\\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx City Treasurer's Report

CITY OF CAR PINTERIA TREASUR ER'S REPORT
For the Month Ended July 2022
CASH ACTIVITY FOR THE MONTH:

Cash and Investment Beginning of the Month $ 19,446,245.32 Cash Receipts 5,967,074.76
Cash Disbursements (6,289,525.44}
Cash and Investment End of the Month $ 19 123,794.64
CASH AND INVESTMENT PORTFOLIO:

Yield to Maturity # Days to
Type of lnvestment/Coupon/CUSIP # Institution/Issuer Maturity Date Maturity Par Value Market Value (1) Book Value (2) Demand Deposit - General Checking Montecito Bank NIA NIA NIA (454,151.98) (454,151.98) (454,151.98) Demand Deposit - Premier Public Money Market Montecito Bank NIA 8/1/2022 1 3,894,722.76 3,894,722.76 3,894,722.76 Demand Deposit - Section 125 Checking Montecito Bank NIA NIA NIA 6,780.45 6,780.45 6,780.45 Demand Deposit - Payroll Checking Montecito Bank NIA NIA NIA 4,912.96 4,912.96 4,912.96 Demand Deposit - Money Market Charles Schwab NIA 8/1/2022 1 89.43 89.43 89.43 Local Agency Investment Fund State of California 0.22% 8/1/2022 1 6,412,742.15 6,412,742.15 6,412,742.15 Treasury Note, 1.875%, (9128282P4) U.S. Government 1.88% 7/31/2022 0 177,000.00 177,000.00 176,924.33 Treasury Note, 1.625%, (9128282S8) U.S. Government 1.74% 8/31/2022 31 168,000.00 167,895.00 167,062.69 Treasury Note, 1.875%, (9128282W9) U.S. Government 1.91% 9/30/2022 61 165,000.00 164,845.31 164,718.17 Treasury Note, 2.0%, (9128283C2) U.S. Government 2.05% 10/31/2022 92 179,000 00 178,776.25 178,509.11 Treasury Note, 2.0%, (912828M80) U.S. Government 2.06% 11/30/2022 122 175,000.00 174,589.84 174,454.00 Treasury Note, 2.125%, (912828N30) U.S. Government 2.24% 12/31/2022 153 161,000.00 160,522.02 160,091.79 Treasury Note, 2.375%, (912828302) U.S. Government 2.50% 1/31/2023 184 169,000.00 168,524.69 168,003.85 Treasury Note, 2.625%, (9128284A5) U.S. Government 2.60% 2/28/2023 212 171,000.00 170,679.38 171,184.09 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.00% 3/31/2023 243 250,000.00 247,578.12 251,327.50 Treasury Note, 1.5%, (912828Q29) U.S. Government 1.56% 3/31/2023 243 250,000.00 247,578.13 249,843.75 Treasury Note, 2.5%, (9 I 28284D9) U.S. Government 0.08% 3/31/2023 243 171,000.00 170,465.63 170,243.30 Treasury Note, 0.25%, (912828ZH6) U.S. Government 1.03% 4/15/2023 258 250,000.00 245,234.38 247,820.56 Treasury Note, 1.625%, (912828R69) U.S. Government 1.87% 5/31/2023 304 250,000.00 247,226.55 249,268.63 Treasury Note, 2.625%, (912828401) U.S. Government 2.84% 6/30/2023 334 100,000.00 99,703.12 99,563.57 Treasury Note, 2.75%, (912828Y61) U.S. Government 0.06% 7/31/2023 365 400,000.00 399,125.00 398,795.22 Treasury Note, 2.75%, (9128284X5) U.S. Government 0.01% 8/31/2023 396 400,000.00 399,000 00 399,721.60 Treasury Note, 2.875%, (9128285D8) U.S. Government 0.67% 9/30/2023 426 250,000.00 249,609.38 249,335.00 Treasury Note, 2.875%, (9128285K2) U.S. Government 2.20% 10/31/2023 457 250,000.00 249,804.68 252,579.39 Treasury Note, 2.75%, (912828WE6) U.S. Government 2.23% 11/15/2023 472 250,000.00 249,375.00 252,049.66 Treasury Note, 0. 75%, (91282CDR9) U.S. Government 0.73% 12/31/2023 518 250,000.00 242,304.68 249,993.47 Treasury Note, 2.5%, (912828529) U.S. Government 0.06% 1/31/2024 549 200,000.00 198,625.00 199,388.94 Treasury Note, 2.375%, (9 l 28286G0) U.S. Government 0.78% 2/29/2024 578 200,000.00 198,218.74 199,264.00 Treasury Note, 0.25%, (91282CBR1) U.S. Government 2.17% 3/15/2024 593 250,000.00 239,335.93 240,750.00 Treasury Note, 2.25%, (9128286R6) U.S. Government 241% 4/30/2024 639 250,000.00 247,070.30 249,156.76 Treasury Note, 2.0%, (912828XT2) U.S. Government 111% 5/31/2024 670 250,000.00 245,937.50 255,107.50 Treasury Note, 0.375%, (91282CCX7) U.S. Government 1.08% 9/15/2024 777 250,000.00 237,031.25 245,359.46 Treasury Note, l .00~, (91282CDN8) U.S. Government 0.98% 12/15/2024 868 250,000.00 239,296.88 250,079.39 Treasury Note, 1.125%, (912828ZC7) U.S. Government 1.29% 2/28/2025 943 250,000.00 239,218.75 248,740.00

CITY OF CARP INT ERIA TREAS UR ER'S REPORT
For the Month Ended Jul y 2022
Treasury Note, 2.625%, (9128284F4) U.S. Government 1.30% 3/31/2025 974 250,000.00 248,437.50 260,224.61 Treasury Note, 0.25%, (912828ZT0) U.S. Government 1.25% 5/31/2025 1035 250,000.00 232,421.88 241,660.01 Treasury Note, 0.25%, (912828ZW3) U.S. Government 1.53% 6/30/2025 1065 250,000.00 231,953.13 239,598.86 Treasury Note, 0.25%, (91282CAM3) U.S. Government 1.32% 9/30/2025 1157 250,000.00 230,546.88 240,265.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.20% 12/31/2025 1249 250,000.00 230,234.37 241,955.00 Treasury Note, 0.375%, (91282CBC4) U.S. Government 1.37% 12/31/2025 1249 250,000.00 230,234.38 240,365.00 Treasury Note, 1.625%, (912828P46) U.S. Government 1.56% 2/15/2026 1295 250,000.00 240,078.13 250,595.69 Treasury Note, 0.5%, (91282CBQ3) U.S. Government 1.28% 2/25/2026 1305 250,000.00 230,468.75 242,113.19 Treasury Note, 0.75%, (91282CBT7) U.S. Government 1.28% 3/31/2026 1339 250,000.00 232,265.63 244,459.30 Treasury Note, 0.75%, (91282CCF6) U.S. Government 1.34% 5/31/2026 1400 250,000.00 231,601.55 243,702.50 Treasury Note, 0.875%, (91282CCJ8) U.S. Government 1.35% 6/30/2026 1430 250,000.00 232,421.88 244,821.96 Treasury Note, 1.25%, (91282CDK4) U.S. Government 1.28% 11/30/2026 1583 250,000.00 234,921.88 249,602.02 19,201,095.77 18,925,253.24 19,123,794.64

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

REPORT OF ABILITY TO MEET REQUIRED EXPENDITURES FOR THE NEXT SIX MONTHS Based upon currently budgeted revenues and expenditures, the City currently has sufficient liquid financial resources to meet anticipated expenditures during the period 8/01/22 through 2/01/23.

WEIGHTED AVERAGE MATURITY OF PORTFOLIO
As of July 31, 2022 the weighted average days to maturity of the City's investment portfolio is 1.90 years.

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

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

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

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

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

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

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

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 26, 2022

ITEM FOR COUNCIL CONSIDERATION
Contracts Executed by the City Manager on behalf of the City for the Period of July 19, 2022 through September 19, 2022.

STAFF RECOMMENDATION
Receive and file Report of Contracts Executed by the City Manager for the Period of July 19, 2022 through September 19, 2022.

DISCUSSION
The City Manager is delegated authority by the Carpinteria Municipal Code (CMC), §2.08.150B, to execute contracts on behalf of the City in the amount of $30,000 or less.

Pursuant to CMC §2.08.150C, a list of all contracts executed by the City Manager is provided for City Council information and appended to this Staff Report as Attachment A. Attachment A lists all contracts entered into on behalf of the City for goods, construction and services for the Period of July 19, 2022 through September 19, 2022.

FINANCIAL CONSIDERATIONS
All contracts entered into are within the appropriated budgeted amounts.

ATTACHMENTS
A. Report of Contracts Executed by the City Manager
Report of Contracts Executed by City Manager
September 26, 2022

Staff contact:

Brian C. Barrett, City Clerk
(805) 755-4403, [email protected]
Reviewed by: Dave Durflinger, City Manager

ATTACHMENT A
Report of Contracts Executed by the City Manager
Period of July 19, 2022 through September 19, 2022.

VENDOR PURPOSE AMOUNT
GO Gov, Inc. Code Enforcement Case Management $7,200 per year Unlimited Subscription to Prepare
Reports and Time Loqs
Cannon Corporation Engineering Technician Staff $30,000 Augmentation Services
Regional Government Services Human Resources Support Services $30,000 Precision Concrete Cutting Survey & Repair of Sidewalk Trip $14,069 Hazards - Maintenance Zone 2
Walker Consultants Quantifying Parking Conditions in $28,000 Beach Neighborhood
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 26, 2022

ITEM FOR COUNCIL CONSIDERATION
Resolution No. 6161, amending the City's Conflict of Interest Code.

STAFF RECOMMENDATION
Adopt Resolution No. 6161, approving an amendment to the City's Conflict of Interest Code.

Sample Motion: I move to adopt Resolution No. 6161, as read by title only, approving an amendment to the City's Conflict of Interest Code.

BACKGROUND
The Political Reform Act requires each local government to review its Conflict of Interest Code biennially to incorporate new regulations, requirements, or designated positions (Government Code Section 81000 et seq.). The City last amended its Conflict of Interest Code on September 14, 2020 by Resolution No. 6003. On June 13, 2022, the City Council directed staff to review the City's Conflict of Interest Code for potential amendments. The City Attorney has reviewed the Conflict of Interest Code and determined that an amendment is required. The purpose of this agenda matter is for the Council to consider adoption of Resolution No. 6003, approving an amendment to the City's Conflict of Interest Code.

DISCUSSION
The proposed amendments to the Conflict of Interest Code include additions, deletions, and renaming of designated positions in order to align with the City's current job classifications and duties. An amendment to the Conflict of Interest Code is appropriate and will incorporate these changes. Recommendations for additions or classification changes to the list are underlined and deletions are shown with strikethrough.

Government Code Section 87300 et seq. requires every agency to adopt a Conflict of Interest Code that lists positions of officials and employees who must provide required financial information and indicates the types of economic interests that must be Conflict of Interest Code
September 26, 2022

reported. Resolution No. 6161 accurately designates all positions that make or participate in making governmental decisions that may foreseeably have a material effect on their financial interest and requires full disclosure for all designated positions, including investments, business positions, interests in real property, and sources of income, including gifts, loans, and travel payments.

POLICY CONSISTENCY
Adoption of Resolution No. 6161 is consistent with State law.

FINANCIAL CONSIDERATIONS
There are no financial considerations presented with this report.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
State law requires all local agencies to conduct a biennial review of its Conflict of Interest Code.

OPTIONS

1. Adopt Resolution No. 6161, approving an amendment to the City's Conflict of Interest Code.

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

ATTACHMENTS
A. Resolution No. 6161
Staff contact: Brian C. Barrett, City Clerk
(805) 755-440; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-26-22\COI Amendment\Amending COi Staff Report.docx
Conflict of Interest Code
September 26, 2022

ATTACHMENT A
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-26-22\COI Amendment\Amending COi Staff Report.docx
Conflict of Interest Code
September 26, 2022

THIS PAGE INTENTIONALLY LEFT BLANK
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RESOLUTION NO. 6161

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA

APPROVING AN AMENDMENT OF ITS CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code section 81000 et seq., requires each state and local government agency to adopt and promulgate a conflict of interest code; and,
WHEREAS, the City may amend its conflict of interest code pursuant to sections 87303 and 87306 of the Government Code; and,
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations section 18730, which contains the terms of a standard conflict of interest code; and,
WHEREAS, 2 C.C.R. section 18730 may be incorporated by reference to constitute the amendment of a conflict of interest code within the meaning of Government Code section 87306; and,
WHEREAS, 2 C.C.R. section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and,
WHEREAS, the Fair Political Practices Commission requires that the City review its conflict of interest code every other year and make amendments as are necessary; and, ·
WHEREAS, the City has reviewed its conflict of interest code and desires to update the list of designated employees, whose positions involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The Carpinteria City Council adopts as its conflict of interest code (i) the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, which are hereby incorporated by reference, (ii) the attached Appendix A-1 (designated officials and employees), and (iii) the attached Appendix A-2 (disclosure categories).

SECTION 2. Designated employees shall file statements of economic interests with the City of Carpinteria, which shall make the statements available for public inspection and reproduction in accordance with Government Code section 81008. The term "designated employee" does not include public officials specified in Government Resolution No. 6161

Code section 87200, e.g. City Councilmembers, Planning Commissioners, City Manager, City Treasurer, etc., who are already required by law to file Statements of Economic Interests, nor does it include a position which is solely clerical, ministerial, or manual.

SECTION 3. The Carpinteria City Council authorizes the City Manager, Dave Durflinger, to sign and submit the 2022 Local Agency Biennial Notice, attached hereto as Appendix A-3.

SECTION 4. Upon the effective date of this Resolution, Resolution No. 6003 is hereby repealed and superseded by this Resolution and the attached Appendices.

PASSED, APPROVED AND ADOPTED this 26
th day of September, 2022, by the
following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

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 26, 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
APPENDIX A - 1

DESIGNATED OFFICIALS AND EMPLOYEES
General Government
City Clerk
Assistant te-tJ:\e-City Manager
Velumeer--anEI---E-m eF§e~er--viBeS-Program Manager
Human Resources Administrator/Risk Manager
Executive Assistant/Deputy City Clerk
Public Works
Public Works Director/City Engineer
Civil Engineer
Management Analyst I/IIAssistant to the Public Works
Director
Public Works Supervisor 1, 2, 3, 4, 5, 6
Environmental Program Manager 1, 2, 3, 4, 5, 6
Engineering Technician 1, 2, 3, 4, 5, 6
Administrative Services Categories
Administrative Services Director 1, 2, 3, 4, 5, 6
Senior f=inancial AnalystFinance Manager 1, 2, 4, 4, 5, 6 Accounting Technician 1, 2, 3, 4, 5, 6
Accounting Specialist . 1, 2, 3, 4, 5, 6 ...

Parks, Recreation and Public Facilities Categories
Parks, Recreation and Public Facilities Director 1, 2, 3, 4, 5, 6 Parks and Facilities Maintenance Supervisor 1, 2, 3, 4, 5, 6 Peel-Aquatics Superintendent 1, 2, 3, 4, 5, 6
Management Analyst 1/11 1, 2, 3, 4, 5, 6
City Librarian . . 1, 2, 3, 4, 5, 6 - --- {>=F-or-m-att-e-d-: F-o-nt-: N-o-t Bo-1-d ~ Library Specialist _ ----------------·----··········· 1, 2, 3, 4, 5, 6········----- _ .-{~F_or_m_att_e_d_: F_o_nt_: N_o_t B_ol_d ~ Community Development Categories
Community Development Director 1, 2, 3, 4, 5, 6
Chief Building Inspector/Plans Examiner 1 ,2, 3, 4, 5 ,6 Code Compliance Supervisor 1, 2, 3, 4, 5, 6
Code Compliance Officer I 1 ,2, 3, 4, 5 ,6
Code Compliance Officer II 1 ,2, 3, 4, 5 ,6
Principal Planner 1, 2, 3, 4, 5, 6
Senior Planner 1, 2, 3, 4, 5, 6
Associate Planner 1, 2, 3, 4, 5, 6
Assistant Planner 1, 2, 3, 4, 5, 6
Categories
1, 2, 3,4, 5, 6
1,2, 3,4, 5,6
1,2, 3,4, 5,6
1,2, 3,4, 5,6
1, 2, 3,4, 5, 6
Categories
1,2, 3,4, 5,6
1, 2,3,4, 5,6
1, 2,3,4, 5, 6
•· - · - - · · { Formatted Table
{ Formatted: Font: Not Bold
Consultants
City Attorney's Office 1,2, 3,4, 5,6
Other Consultants
1 Other
Mobile Home Park Rent Stabilization Board Members
Architectural Review Board Members
Downtown Business Advisory Board Members
Library Advisory Commission
1,2, 3,4, 5, 6
1,2, 3,4, 5, 6
1,2,3,4, 5,6
1,2,3,4, 5,6
1, 2. 3.4. 5,6 Formatted: Left, Indent: Left: 0.3"
Formatted Table
bieraf3/::AElvi-sefY:Gemmi-ssieA 1, 2, 3, <1, 5,-e
NOTE: City Council Members, City Manager, City Treasurer and the Planning Commissioners are required to file Conflict of Interest Statements pursuant to Government Code Section 87200, et seq.

APPENDIX A - 2

DISCLOSURE CATEGORIES
Category 1: Interests in real property located within the jurisdiction of the City,2 including any leasehold, beneficial or ownership interest or option to acquire such interest in real property.

Category 2: Business positions or investments in or income from persons or businesses which have an interest in real property in the City or which are engaged in the appraisal, acquisition, or disposal of real property within the jurisdiction of the City.

Category 3: Business positions or investments in business entities and income from any source doing business within the City or having done business within the City during the two years prior to the date of the disclosure statement.

Category 4: Business positions or investments in business entities or income from any source, if the business entities or sources of income are of the type which are subject to 'Consultants are considered to be "designated employees." However, consistent with FPPC Regulations 18734 and 18700.3, the City Manager may determine in writing that a particular consultant, although in a "designated position," performs a limited range of duties and should not be required to fully comply with the disclosure requirements described in this section. Such written determination shall include a written description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 2Real property is located within the jurisdiction of the City if any part of the property is located within or not more than two miles outside the boundaries of the City, or within two miles of any land owned or used by the City.
the regulation or supervision of the City, including, but not limited to, the issuance or granting of franchises, building permits or other use or business permits or any other land use control or regulation.

Category 5: Business positions or investments in business entities contracting with, or selling to, the City, or which foreseeably will contract with or sell to the City.

Category 6: Business positions or investments in business entities and income from any sources, if:
a) The business entities or sources of income have filed a claim, or have a claim pending against the City; and
b) The designated employee's duties involve the handling or processing of such claim.

Appendix A-3
2022 Local Agency Biennial Notice
Name of Agency: City of Carpinteria
Mailing Address: 5775 Carpinteria Avenue, Carpinteria, CA 93013 Contact Person: Brian C. Barrett Phone No. (805) 755-4403 Email: [email protected] Alternate Email: _
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
0 An amendment is required. The following amendments are necessary:
(Check all that apply.)
[!] Include new positions
D Revise disclosure categories
[!] Revise the titles of existing positions
[!] Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
D Other (describe) _
D The code is currently under review by the code reviewing body.

D No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.

Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 26, 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
Adopt Ordinance No. 759 (second reading).

Sample Motion: I move to adopt Ordinance No. 759.
(Requires a roll call vote.)

BACKGROUND
On September 12, 2022, the City Council took the first step to amend Chapter 15.50 (Flood Damage Protection) of Title 15 (Buildings and Construction) in the Carpinteria Municipal Code by approving on first reading of Ordinance No. 759, which incorporates provisions consistent with Title 24 of the California Code of Regulations, the California Building Standards Code.

The purpose of this agenda matter is for the City Council to conduct the second reading 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. Ordinance No. 759 would also fulfill one of the Ordinance No. 759, Flood Damage Protection
September 26, 2022

requirements of participation in the National Flood Insurance Program Community Rating System (CRS) program which is the incorporation of provisions consistent with the California Building Standards Code.

POLICY CONSISTENCY
The recommendation may be found 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 may also be found 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
Other than staff time, 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 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 No. 759 is intended to be administered and enforced in conjunction with the building codes.

OPTIONS

1. Approve Ordinance No. 759 on second reading. (Staff recommendation)

2. Direct changes to the draft ordinance.

3. The City Council could choose not to approve Ordinance No. 749. 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.

Ordinance No. 759, Flood Damage Protection
September 26, 2022

ATTACHMENTS
Attachment A: Ordinance No. 759
Staff contact:

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

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

ATTACHMENT A
Ordinance No. 759
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

WHEREAS, the City has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the California Building Standards Code.

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

SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.

SECTION 2. AMENDMENT TO CHAPTER 15.50 (FLOOD DAMAGE
PROTECTION) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE

CARPINTERIA MUNICIPAL CODE
Chapter 15.50 (Flood Damage Protection) of Title 15 (Buildings and Construction) of the Carpinteria Municipal Code is hereby amended to read as follows:

Chapter 15.50 - FLOOD DAMAGE PROTECTION

15.50.010 - Statutory authorization.

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

These regulations, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes, shall be known as the Floodplain Management Regulations of the City of Carpinteria.

15.50.020 - Findings of fact.

A. The flood hazard areas of the city 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 obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to the flood loss.

15.50.030 - Purpose.
2 Ordinance No. 759

It is the purpose of this chapter to promote the public health, safety, and general welfare. and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; Ensure that potential buyers are notified that property is in an area of special flood hazard; and G. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Coordination with California Building Standards Code. Pursuant to the requirement established in State statute that the City of Carpinteria administer and enforce the California Building Standards Code, the city council of the City of Carpinteria hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes. The issuance or denial of a floodplain development permit pursuant to this Code is a ministerial act for the purposes of Section 21080, subdivision (b) (1 ), of the Public Resources Code.

15.50.040 - Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions to:

A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3 Ordinance No. 759

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Control filling, grading, dredging, and other development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

15.50.050 - Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies.

1. "Accessory structure" means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures that are used either:
a. Solely for the parking of no more than two cars; or
b. A small, low cost shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value.

2. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

3. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

4. "Agricultural Structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses. 4 Ordinance No. 759

5. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

6. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

7. "Area of special flood hazard" (see "Special flood hazard area").

8. "ASCE 24" means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.

9. "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").

Base flood is the term used throughout this chapter. [Also defined in CCR Title 24 Part 2.]

10. "Base flood elevation (BFE)" shall mean the elevation shown on the Flood Insurance Rate Map for Zones AE AH, AO, A1-30, VE and VI-V30 that indicates the water surface elevation resulting from a flood that has a 1- percent or greater chance of being equaled or exceeded in any given year.

11. "Basement" means any area of the building having its floor subgrade (i.e., below ground level on all sides). [Also defined in CCR Title 24 Part 2.]

12. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
b. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
5 Ordinance No. 759

13. "Building code" means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:

1. Part 2, applicable to buildings and structures other than dwellings within the scope of this part.

2. Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.

3. Part 10, applicable to existing buildings (as defined in that code).

4. Other specified codes.

14. "Building" (see "Structure").

15. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as Zone V1-V30, VE, or V. [Also defined in CCR Title 24 Part 2.]

16. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

17. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

18. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the placing of foundations) is completed before the effective date of the floodplain management regulations adopted by the city council on September 28, 1987.

19. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites on or after July 7, 1978 by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the placing of foundations).

20. "Federal Emergency Management Agency (FEMA)" means the Federal Emergency Management Agency, an agency of the United States 6 Ordinance No. 759

Department of Homeland Security.

21. "Flood, flooding, or flood water" means:
a. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and b. The condition resulting from flood-related erosion.

22. "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

23. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

24. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.]

25. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. [Also defined in CCR Title 24 Part 2.]

26. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see "Flooding")."Floodplain administrator" is the individual appointed to administer and enforce the floodplain management regulations.

27. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

28. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development 7 Ordinance No. 759

in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

29. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.)

30. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." [Also defined in CCR Title 24 Part 2.)

31. "Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

32. "Fraud and victimization" as related to Section 15.50.240, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

33. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

34. "Governing body" is the local governing unit (i.e., county or municipality) which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

35. "Hardship" as related to Section 15.50.240 of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, 8 Ordinance No. 759

unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

36. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

37. "Historic structure" means any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

38. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

39. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

40. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement").
9 Ordinance No. 759

a. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:
i. The wet floodproofing standard in Section 15.50.160(C)(3); ii. The anchoring standards in Section 15.50.160(A);
iii. The construction materials and methods standards in Section 15.50.160(B); and
iv. The standards for utilities in Section 15.50.170.
b. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see
"Basement"). This prohibition includes below-grade garages and storage areas.

41. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

42. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

43. "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

44. "Mean sea level" means, for purposes of the National Flood Insurance 10 Ordinance No. 759

Program, the North America Vertical Datum (NAVO) of 1988 or other datum, as determined by the floodplain administrator, to which base flood elevations shown on a community's flood insurance rate map are referenced.

45. "New construction" for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by the city, and includes any subsequent improvements to such structures on or after September 28, 1987.

46. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the placing of foundations) was completed on or after July 7, 1978.

47. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

48. "One-hundred-year flood" or "100-year flood" (see "Base flood").

49. "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms.

The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

50. "Public safety and nuisance" as related to Section 15.50.240 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

51. "Recreational vehicle" means a vehicle which is:
a. Built on a single chassis;
11 Ordinance No. 759

b. Four hundred square feet or less when measured at the largest horizontal projection;
c. Designed to be self-propelled or permanently towable by a lightduty truck; and d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

52. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

53. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

54. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

55. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

56. "Sheet flow area" (see "Area of shallow flooding").

57. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AI-A30, AE, A99, AM, VI - V30, VE or V.

58. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the placing of foundations, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, 12 Ordinance No. 759

and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. This applies to all permit dates on or after July 7, 1978.

59. "Structure" means a walled and roofed building that is principally above ground. This includes a gas or liquid storage tank or a manufactured home.

60. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

61. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of existing state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

62. "V zone" (see "Coastal high hazard area").

63. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

64. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
13 Ordinance No. 759

65. "Water surface elevation" means the height, in relation to the North America Vertical Datum (NAVO) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

66. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

15.50.060 - Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

15.50.070 - Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated March 15, 1977 [[[see below FEMA records]]] and accompanying flood insurance rate (FIRMs) and flood boundary and floodway maps (FBFMs), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city by the floodplain administrator. The FIS, FIRMs and FBFMs are on file at City Hall, 5775 Carpinteria Avenue, Carpinteria, California.
14 Ordinance No. 759

Community Status Book Report

CALIFORNIA
Communities Participating in the National Flood Program CID Community Name County lnit lnitFIRM Curr EffReg-EmerTribal CRS FHBM Identified Map Date Entry
Identified Date Date
060074 BISHOP, CITY OF INYOCOUNTY 06/07/74 06/19/85 12/03/20 06/19/85 No 060436 BLUE LAKE, CITY OF HUMBOLDT COUNTY 01/17/75 09/30/62 11/04/16 09/30/62 No 060246 BLYTHE, CITY OF RIVERSIDE COUNTY 05/10/74 06/30176 (NSFHA) 06/30/76 No 065017 BRADBURY, CITY OF LOS ANGELES 11/21/75 09/26/06 (NSFHA) 09/07/64 No COUNTY
060066 BRAWLEY, CITY OF IMPERIAL COUNTY 06/18176 09/26/06 09/26/06 08/04/78 No (M)
060214 BREA, CITY OF ORANGE COUNTY 05/24/74 12/02/60 12/03/09 12/02/60 No 060439 BRENTWOOD, CITY OF CONTRA COSTA 02/07/75 06/16/09 03/21/17 04/15/79 No COUNTY
060314 BRISBANE, CITY OF SAN MATEO 05/24/74 03/29/63 04/05/19 03/29/83 No COUNTY
060757 BUELLTON, CITY OF SANTA BARBARA 12/20/74 03/15/79 12/04/12 10/16/95 No COUNTY
USE THE SANTA BARBARA COUNTY (060331] FIRM.
060215 BUENA PARK, CITY OF ORANGE COUNTY 11/01/74 02/01/79 12/03109 02/01/79 No 065018 BURBANK, CITY OF LOS ANGELES 07/19/74 03/16/81 09/26/08 01/23/81 No COUNTY
065019 BURLINGAME. CITY OF SAN MATEO 06/26/74 09/16/61 04/05/19 09/16/61 No 05/01/12 COUNTY
060017 BUTTE COUNTY • BUTTE COUNTY 09/06/74 09/29/69 01/06/11 09/29/69 No 0607 49 CALABASAS, CITY OF LOS ANGELES 12/02/80 12/21/18 03/10/93 No COUNTY
CALABASAS IS LOCATED ON FIRM PANEL 065043 0613B.
060633 CALAVERAS COUNTY" CALAVERAS 11/29/77 09/05/90 05/16/17 09/05/90 No COUNTY
060067 CALEXICO, CITY OF IMPERIAL COUNTY 02/01/74 01/20/82 09/26/08 01/20/82 No 060440 CALIFORNIA CITY, CITY OF KERN COUNTY 04/15/77 01/02/62 09/26/06 01/20/62 No 0607 40 CALIMESA, CITY OF RIVERSIDE COUNTY 06/28106 06/28/08 05/01/91 No USE THE RIVERSIDE COUN1Y (060245] FIRM.
060066 CALIPATRIA, CITY OF IMPERIAL COUN1Y 04/12/74 09/26/08 (NSFHA) 06/01/82 No 060206 CALISTOGA, CITY OF NAPA COUNTY 05/10/74 09/28179 09/26/06 09/28/79 No 065020 CAMARILLO, CITY OF VENTURA COUNTY 07/19/74 09/29/86 01/07/15 09/29/66 No 060336 CAMPBELL, CITY OF SANTA CLARA 05/31/74 06/30/76 02/19/14 06/30/76 No COUN1Y
060753 CANYON LAKE, CITY OF RIVERSIDE COUNTY 04/15/80 04/19/17 09/15/98 No

THE CITY OF CANYON LAKE HAS ADOPTED THE RIVERSIDE
COUN1Y (060245) FIRM PANELS 2060, 2070 AND 2090.
060354 CAPITOLA, CITY OF SANTACRUZ 05/17/74 08/15/84 09/29/17 06/15/84 No COUNTY
060265 CARLSBAD, CITY OF SAN DIEGO COUNTY 05/31/74 06/14/77 12/20/19 06114/77 No 060196 CARMEL BY THE SEA, CITY OF MONTEREY COUNTY 06/14/74 04/02/09 06/21/17 12/18/97 No 060332 CARPINTERIA, CITY OF SANTA BARBARA 06/21/74 03/15/77 09/28/18 03/15/77 No COUNTY

15.50.080 - Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.

Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

15.50.090 - Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
15 Ordinance No. 759

15.50.100 - Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes.

15.50.110 -Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

15.50.120 -Severability.

This chapter and the various parts thereof are hereby declared to be severable.

Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

15.50.130 - Establishment of development permit.

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section

15.50.070. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill; storage of materials; drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Site plan, including but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site; 16 Ordinance No. 759

2. Proposed locations of water supply, sanitary sewer, and utilities;

3. If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and

4. If applicable, the location of the regulatory floodway.

B. Foundation design detail, including but not limited to:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

2. For a crawl-space foundation, location and total net area of foundation openings as required in_Section 15.50.160(C)(3) of this chapter and FEMA Technical Bulletins 1-93 and 7-93; and

3. For foundations placed on fill, the location and height of fill, and

4. compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method).

C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section

15.50.160(C)(2) of this chapter and FEMA Technical Bulletin TB 3-93.

D. All appropriate certifications listed in Section 15.50.150 of this chapter; and
E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

15.50.140 - Designation of the floodplain administrator.

The city manager or his designee is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

15.50.150 - Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following.

A. Permit Review. Review all development permits to determine that:

1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;
17 Ordinance No. 759

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding; and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City of Carpinteria.

5. All new development, including construction, excavation, and grading, except for flood control projects and nonstructural agricultural uses, shall be prohibited in the floodway unless offsetting improvements in accordance with this chapter are provided.

6. All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

B. Review, Use and Development of Other Base Flood Data.

1. When base flood elevation data has not been provided in accordance with Section 15.50.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 15.50.160 and 15.50.210.

Any such information shall be submitted to the city council for adoption; or

2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods in FEMA publication, "Managing Floodplain Development in Approximate Zone A Areas- A Guide for Obtaining and Developing Base (100-year) Flood Elevations," in order to administer Sections 15.50.160 and 15.50.210
a. Simplified method.
i. One hundred year or base flood discharge shall be
obtained using the appropriate regression equation
18 Ordinance No. 759

found in a U.S. Geological Survey publication, or the
discharge-drainage area method; and
ii. Base flood elevation shall be obtained using the
Quick-2 computer program developed by FEMA; or
b. Detailed method.
i. One hundred year or base flood discharge shall be
obtained using the U.S. Army Corps of Engineers
HEC-HMS computer program; and
ii. Base flood elevation shall be obtained using the U.S.

Army Corps of Engineers HEC-RAS computer
program.

C. Notification of Other Agencies.

1. In alteration or relocation of a watercourse:
a. Notify adjacent jurisdictions and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to FEMA; and
c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

2. Base Flood Elevation changes due to physical alterations:
a. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on conditional letters of map revision
(CLOMR's). Approved CLOMR's allow construction of the
proposed flood control project and land preparation as
specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
19 Ordinance No. 759

3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Section 15.50.160(C)(1) (lowest floor elevations);

2. Certification required by Section 15.50.160(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by Section 15.50.160(C)(3) (wet floodproofing standard);

4. Certification of elevation required by Section 15.50.180 (subdivision standards);

5. Certification required by Section 15.50.200 (floodway encroachments);

6. Information required by Section 15.50.21 0(F) (coastal construction standards); and
E. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the action of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 15.50.230 F. Remedial Action. Take action to remedy violations of this chapter as specified by Section 15.50.080

15.50.160 - Standards of construction.

In all areas of special flood hazards the following standards are required:

A. Anchoring.

1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
20 Ordinance No. 759

2. All manufactured homes shall meet the anchoring standards of Section 15.50.190.

B. Construction Materials and Methods. All new construction and substantial improvement shall be constructed:

1. With flood resistant materials as specified in FEMA publication, "Flood Damage- Resistant Materials Requirements," and utility equipment resistant to flood damage;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C. Elevation and Floodproofing.

1. Residential construction, new or substantial improvement, and manufactured homes shall have the lowest floor, including basement:
a. In AE, AH, A1-30 Zones, elevated to or above the base flood elevation and freeboard.
b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM and freeboard, or elevated at least two feet above the highest adjacent grade if no depth number is
specified and freeboard.
c. In an A zone, without BFE's specified on the FIRM
[unnumbered A zone], elevated to or above the base flood elevation and freeboard; said base flood elevation shall be determined by one of the methods in Section 15.50.150(8) of this chapter.
d. In a VE zone, the lowest horizontal support member
elevated to or above the base flood elevation and freeboard. 21 Ordinance No. 759

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by licensed civil engineer, architect, or land surveyor; and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection (A)(1) of this section, or together with attendant utility and sanitary facilities:
a. Be floodproofed together with attendant utility and sanitary facilities, below the base flood elevation so that the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a licensed civil engineer, architect, or land surveyor that the standards of this subsection are satisfied.

Such certification shall be provided to the floodplain
administrator.

3. All new construction, substantial improvement, and manufactured homes with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater.

Designs for meeting this requirement shall follow the guidelines in FEMA publications, "Flood Damage- Resistant Materials
Requirements," and "Wet Floodproofing Requirements," and must exceed the following minimum criteria:
a. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above adjacent natural grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
b. Be certified by a licensed civil engineer, architect, or land surveyor.

4. Manufactured homes shall also meet the standards in Section

15.50.190.
22 Ordinance No. 759

5. All new and substantially improved garages and low-cost accessory structures shall meet the following standards:
a. Accessory structure used solely for parking (2-car detached garages or smaller) or limited storage (small, low-cost sheds) may be constructed such that its floor is below the base flood elevation provided the structure is designed and constructed in accordance with the following requirements:
i. Use of the accessory structure must be limited to
parking or limited storage;
ii. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
iii. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
iv. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above
the BFE;
v. The accessory structure must comply with floodplain
encroachment provisions in Section 15.50.200, and
vi. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with
Section 15.50.160.
b. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 15.50.160.

15.50.170 - Standards for utilities.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.

B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

15.50.180 - Standards for subdivisions.

A. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.
23 Ordinance No. 759

B. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations and lowest adjacent grade shall be certified by a licensed civil engineer, architect, or land surveyor; and provided to the floodplain administrator.

C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

15.50.190 - Standards for manufactured homes.

A All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:

1. Within Zones A 1-30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and freeboard and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

2. Within Zones V1-30, V, and VE on the community's flood insurance rate map, meet the requirements of Section 15.50.210.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, AE, V1-30, V, and VE on the community's flood insurance rate map that are not subject to the provisions of subsection 15.50.190(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above the base flood elevation and freeboard; or

2. Manufactured home chassis is supported by reinforced piers or other 24 Ordinance No. 759

foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a licensed civil engineer, architect, or land surveyor; and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator

15.50.195 - Standards for recreational vehicles.

A. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either:

1. Be on the site for fewer than one hundred eighty consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

2. Meet the permit requirements of Sections 15.50.130, 15.50.140,

15.50.150 and 15.50.220 of this chapter and the elevation and anchoring requirements for manufactured homes in Section

15.50.190(A).

B. Recreation vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Sections 15.50.195 and 15.50.210.

15.50.200 - Floodways.

Located within areas of special flood hazard established in Section 15.50.020 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential. the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a licensed civil engineer, architect, or land surveyor is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

B. If Section 15.50.200(A) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.

15.50.210 - Coastal high hazard areas.
25 Ordinance No. 759

Within coastal high hazard areas, Zone VE, as established under Section 15.50.070, the following standards shall apply:

A. All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.

B. All new construction and other development shall be located on the landward side of the reach of mean high tide.

C. All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 15.50.050 of this chapter. Such temporarily enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.

D. Fill shall not be used for structural support of buildings.

E. Manmade alteration of sand dunes which would increase potential flood damage is prohibited.

F. The floodplain administrator shall obtain and maintain the following records:

1. Certification by a registered engineer or architect that a proposed structure complies with Section 15.50.21 0(A); and

2. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.

15.50.213 - Mudslide (i.e., mudflow) prone areas.

A. The floodplain administrator will review permits for proposed construction or other development to determine if it is proposed within a mudslide area.

B. Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to the:
26 Ordinance No. 759

1. Type and quality of soils;

2. Evidence of ground water or surface water problems;

3. Depth and quality of any fill;

4. Overall slope of the site; and

5. Weight that any proposed development will impose on the slope.

C. Within areas which may have mudslide hazards, the floodplain administrator shall require that:

1. A site investigation and further review be made by persons qualified in geology and soils engineering;

2. The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages;

3. The proposed grading, excavations, new construction, and substantial improvement not aggravate the existing hazard by creating either onsite or off-site disturbances; and

4. Drainage, planting, watering, and maintenance not endanger slope stability.

15.215 - Flood-related erosion-prone areas.

A. The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the City of Carpinteria.

B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood- related erosion hazards or otherwise aggravate the existing hazard.

C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

D. Within Zone Eon the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. 27 Ordinance No. 759

This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic, and climactic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures.

15.50.220 - Nature of variances.

The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels.

The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the City of Carpinteria to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited.

Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted.

The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

15.50.230 - Appeal board.

A The planning commission of the city shall hear and decide appeals and requests for variances from the requirements of this chapter.

B. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

C. In passing upon requests for variances, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the

1. Danger that materials may be swept onto other lands to the injury of others;

2. Danger of life and property due to flooding or erosion damage;

3. Susceptibility of the proposed facility and its contents to flood damage 28 Ordinance No. 759

and the effect of such damage on the existing individual owner and future owners of the property;

4. Importance of the services provided by the proposed facility to the community;

5. Necessity to the facility of a waterfront location, where applicable;

6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. Compatibility of the proposed use with existing and anticipated development;

8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. Safety of access to the property in time of flood for ordinary and emergency vehicles;

10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

D. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage, and

2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

E. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration and Federal Emergency Management Agency.
29 Ordinance No. 759

15.50.240 - Conditions for variances.

A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.50.130 through 15.50.210 of this chapter have been fully considered. As the lot size increases beyond one-half (1 /2) acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the planning commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the planning commission believes will both provide relief and preserve the integrity of the local ordinance.

E. Variances shall only be issued upon a:

1. Showing of good and sufficient cause;

2. Determination that failure to grant the variance would result in exceptional hardship (as defined in Section 15.50.050) to the applicant; and

3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances.

F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats 30 Ordinance No. 759

to public safety and does not create a public nuisance.

G. Upon consideration of the factors of Section 15.50.230 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

SECTION 3. REPEAL OF EXISTING ORDINANCE($) AND REGULATION($) This Ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Ordinance No. 496, 1993; and Section 15.50.050 (Definitions) of Chapter

15.50 of Title 15 (Buildings and Construction).

SECTION 4. EFFECTIVE DATE
This Ordinance shall be in full force and effect thirty (30) days following a second reading of the Ordinance; and before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council voting for and against the same in the Coastal View News, a newspaper of general circulation, published in the City of Carpinteria.

SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 6. CEQA EXEMPTION
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines§ 15060(c)(3) (this activity is not a "project" as defined in CEQA Guidelines§ 15378(b)(3)).

SECTION 7. LIMITED EFFECT
Except as explicitly provided herein, all other provisions of Title 15 (Buildings and Construction) of the Carpinteria Municipal Code shall remain unchanged and in full force and effect.

PASSED, APPROVED AND ADOPTED on September 26, 2022, by the following vote:

AYES: COUNCILMEMBER(S):
31 Ordinance No. 759

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 Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on September 26, 2022.

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

Jena S. Aces, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
32 City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 26, 2022

ITEM FOR COUNCIL CONSIDERATION
Adopt Resolution No. 6162, Approving an Appointment to the Architectural Review Board.

STAFF RECOMMENDATION
Adopt Resolution No. 6162, approving an appointment to the Architectural Review Board.

Sample Motion: I move to adopt Resolution No. 6162, as read by title only, approving the appointment of to the Architectural Review Board.

BACKGROUND
The Architectural Review Board (ARB) consists of five members with the qualifications for membership being residency within the City at time of appointment and throughout their term of office. Membership shall consist of lay professionals skilled in the interpretation of architectural and landscape drawings and to be able to evaluate the effects of proposed development upon surrounding areas. Carpinteria Municipal Code Chapter 2.36 outlines the ARB's purpose, duties, and architectural review standards.

There is currently one vacancy on the ARB due to the resignation of Jason Rodriguez.

The purpose of this agenda matter is for the Council to consider appointment to fill the ARB vacancy.

DISCUSSION
The purpose of the ARB is to prevent the introduction of elements which may be incompatible with the highest quality of development sought by the City and which might impair the value of both improved and unimproved property. The ARB also helps to protect and preserve the natural historic charm and beauty of the City by regulating the design appearance to ensure the present and future aesthetic appeal and beauty.

The ARB typically meets twice monthly. The term of office for members of the ARB is two years which expires on January 31
st in odd-numbered years. Member Jason
Tree Advisory Board Appointment
March 28, 2022

Rodriguez resigned from the Board effective July 28, 2022 which created the current vacancy. Pursuant to said code, a successor shall be appointed for the unexpired portion of the term ending January 31, 2023.

Staff received one application from the following interested individual (see Attachment B):
• Patrick O'Connor

POLICY CONSISTENCY
This item is consistent with Carpinteria Municipal Code Chapter 2.36 which established rules for the appointment to the Architectural Review Board. The City Council has the authority to determine the makeup of the Architectural Review Board pursuant to said code. There are no proposed changes to the responsibilities of the Architectural Review Board.

FINANCIAL CONSIDERATIONS
There will be no effect on any City fund with the appointment to the Architectural Board.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Pursuant to Carpinteria Municipal Code Chapter 2.36, the City Council has full discretion in the composition, qualifications, and selection of the Architectural Review Board members. Appointments to the ARB are made by the Mayor with the consent of the City Council.

In accordance with the Maddy Act, the City Clerk posted a notice of the unscheduled vacancy at City Hall and on the City's website on August 31, 2022 and a blurb was published on social media. The Maddy Act also requires that appointment to the vacancy must be made at least 10 working days after the posting of the notice of unscheduled vacancy.

OPTIONS

1. Adopt Resolution No. 6162, approving an appointment to the Architectural Review Board.

2. Not adopt Resolution No. 6162 and provide further direction to staff as determined appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
Applicants have been advised of the meeting date and invited to attend.

G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-26-22\ARB Appointment\Staff Report.docx Tree Advisory Board Appointment
March 28, 2022

ATTACHMENTS
Attachment A:

Attachment B:

Resolution No. 6162
Received Applications
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4446; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-26-22\ARB Appointment\Staff Report.docx Tree Advisory Board Appointment
March 28, 2022
Page4
ATTACHMENT A:

Resolution No. 6162
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-26-22\ARB Appointment\Staff Report.docx RESOLUTION NO. 6162

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA, APPROVING AN APPOINTMENT TO THE

ARCHITECTURAL REVIEW BOARD FOR THE TERM ENDING
JANUARY 31, 2023
WHEREAS, under the provisions of Section 2.36.010 of the Carpinteria Municipal Code, an Architectural Review Board composed of five members exists to evaluate the architectural merit of commercial, residential, and public building projects and advise City staff and the Planning Commission on design standards, architectural and landscape design, and site planning; and
WHEREAS, one vacancy exists on the Architectural Review Board due to the resignation of Jason Rodriguez; and
WHEREAS, said vacancy has been duly noticed and advertised as required and all interested persons have been invited to submit an application for consideration for appointment to fill said vacancy; and
WHEREAS, applications to the Architectural Review Board were received; and WHEREAS, the City Council has reviewed and considered persons who have indicated an interest in serving and the Mayor has recommended that a certain person be appointed to the Architectural Review Board.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. The Carpinteria City Council hereby resolves that the following appointment is approved and confirmed effective September 26, 2022, and that such appointment is to continue in effect at the pleasure of the City Council for the term ending January 31, 2023.

APPOINTED TO THE ARCHITECTURAL REVIEW BOARD
Resolution No. 6162

SECTION 3. The appointment is made subject to and contingent on those terms and conditions established as a part of Carpinteria Municipal Code Chapter 2.36.

PASSED, APPROVED AND ADOPTED on 26th day of September, 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 26, 2022.

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

Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Tree Advisory Board Appointment
March 28, 2022

ATTACHMENT B:

Received Applications
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-26-22\ARB Appointment\Staff Report.docx Tree Advisory Board Appointment
March 28, 2022

THIS PAGE INTENTIONALLY LEFT BLANK
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\09-26-22\ARB Appointment\Staff Report.docx

CITY OF CARPINTERIA

APPLICATION FOR APPOINTMENT

TO A CITY BOARD, COMMISSION OR

COMMITTEE RECEIVED
CnY OF CARPINTERIA
Please return to: City Clerk's Office
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
AUG O 8 2022
&RIAN C. BARRETT
CnYCLERK
BOARD, COMMISSION OR COMMITTEE APPLYING FOR:

Business Address Phone Number(s)
Are you a resident of the City of Carpinteria? 'i.._e.;;;._;; ~'------------------ EXPERJENCE/BACKGROUND:
• M 1r-£e'\:721..J t«A-$fe7l-S' lf\J. ~..)\ "11,,J
Present Occupation (Please describe any relevant past work experience.) I Memberships in Organizations
Reasons why you believe you should be appointed (attach additional sheets if ne~ . ~ "--!'I ~I'.'. b"'J J;"' • i.-. ,._,,_,;,_ l-fi.dC r ,2 u.

Please list City Commission/Committee/Board (including dates) you are currently serving on or have served on: __ ----=-~..:..;....;::; c.,k.;__\..._k4..::;..:....o.. b-Q~----'--C~....::. v_;;4'.J~B_e_;,Gl_;,~..:<..,;;:_------------- I, the undersigned, hereby certify that all the statements contained herein above, are true and correct to the best of my knowledge and belief. I understand that false statements in my application will disqualify me from service on any Commission/Committee/Board of the City of Carpinteria. If appointed, I understand I will be responsible for filing an annual Statement of Economic Interests and fulfilling ethics training, and failure to do so in a timely manner may be cause for termination of position. This application is a public document and is available for review. You are strongly encouraged to attend the Council meeting when appointment is being made.

THIS APPLICATION MUST BE SIGNED AND DAT~
Signatlire
Rev. 06/15/22
August 22, 2022
Mayor Nomura
City of Carpinteria
5775 Carpinteria Ave
Carpinteria, CA 93013
Subject: Architectural Review Board Opening
Mr. Mayor,

RECEIVED
crrv OF CARPINTERIA
AUG 2 2 2022
BRIAN C. BARRETT

CITY CLERK
I'm writing you with interest in volunteering to serve on your Architectural Review Board.

My wife, Kathleen and I have been Carpinteria residents for nearly nine years. I am an aerospace executive with a background civil and mechanical engineering. Three years ago, we had the privilege of becoming the owners of one of Carpinteria's oldest homes at the corner of 8 th & Oak. We've developed
a passion for its architecture and history.

I've learned of many legacies from its families and those of the neighboring properties and have done extensive public records research. This research has revealed a patchwork of zoning and building code enforcement that makes up the character of Carpinteria.

I believe that maintaining the character of Carpinteria lies in carefully managing and remedying that patchwork in a way that benefits residents' interests.

My experience in complex problem solving will contribute to developing process efficiencies that are fair and reasonable for the residents of Carpinteria.

As you may know, I am also a candidate for the new District S City Council Member seat. My motivation for that campaign is consistent with my interest in the ARB. 1 am passionate about Carpinteria as a resident property owner. Of course, if you were to place me on the ARB, and I am later successful in the campaign for City Council, I would commit to recruiting a suitable successor to the ARB.

I look forward to discussing the opportunity further with you and the Board members when appropriate.

Thank you for your consideration.

Sincerely,
P
~
atrick O'Connor
http://linkedin.com/in/ patrick-o-con nor-338a 7 823

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 26, 2022

ITEM FOR COUNCIL CONSIDERATION
Consultant Services Agreement Amendment No. 3 between the City of Carpinteria and Wood Environment & Infrastructure Solutions, Inc., (Wood) for planning and environmental services in support of the City's Coastal Land Use Plan and General Plan (CLUP/GP) Update for an amount not-to-exceed $391,490.

STAFF RECOMMENDATION
Authorize the City Manager to execute Amendment No. 3 (Attachment A) to the Agreement for Consultant Services to help complete the CLUP/GP Update, including the Program Environmental Impact Report, increasing the not-to-exceed amount by $391,490, for a total contract amount of $1,372,202.

Motion: I move to authorize the City Manager to sign Amendment No. 3 to the Consultant Services Agreement between the City of Carpinteria and Wood Environment & Infrastructure Solutions, Inc. to help complete the CLUP/GP Update, including the Program Environmental Impact Report, increasing the not-to-exceed amount by $391,490, for a total contract amount of $1,372,202.
(motion requires a roll call vote)

BACKGROUND
The City of Carpinteria is approximately five years into its multi-year Local Coastal Program Update. For these past five years, the City has contracted with Wood to provide planning and environmental consulting services that assist the City with its update work. The City and Wood also work together to pursue grants related to this work. The contractual history between the City and Wood and a summary of the grants received to date are included below.

Contractual History
On May 22, 2017, the Carpinteria City Council approved the original Agreement with Amee Foster Wheeler Environment & Infrastructure, Inc. (now Wood Environment & Wood Consultant Agreement Amendment No. 3
September 26, 2022

Infrastructure Solutions, Inc.) in the amount of $665,955 to prepare targeted updates to the CLUP/GP, facilitate the public hearing process, and prepare the Sea Level Rise Vulnerability Assessment and Adaptation Plan (SLRVAAP).

On May 14, 2018, City Council approved Contract Amendment No. 1 for a supplemental budget of $117,050 to expand the scope of the SLRVAAP.

On September 9, 2019, City Council approved Contract Amendment No. 2 for a supplemental budget of $197,707 to complete tasks for the Administrative Draft CLUP/GP and to respond to California Coastal Commission (CCC) and State Office of Planning and Research (QPR) Guideline requirements for the CLUP/GP.

Approval of this Contract Amendment No. 3 would increase the budget by $391,490 for purposes of completing the CLUP/GP Update, including the Program Environmental Impact Report, and would bring the total not-to-exceed amount for the contract to $1,372,202.

Grants Secured to Date
To date, grants secured from several State agencies for the CLUP/GP Update totals $673,093, as more particularly detailed below.
• The California Coastal Commission (CCC) Round 3 Grant awarded on March 22, 2017 was for the amount of $150,000, with a City match of $148,000. • The Caltrans Sea Level Rise/Transportation Grant awarded on May 10, 2018 was for the amount of $218,093, with a City match of $25,549. • The CCC Round 6 Grant awarded on May 5, 2020 was for the amount of $190,000 ($55,000 for CLUP/GP Update), with a City match of $384,809. • The CCC Round 7 Grant awarded on May 1, 2022 was for the amount of $340,500 ($250,000 for CLUP/GP Update), with a City match of $74,500.

The purpose of this agenda matter is to request Council approval of an amended agreement to provide consultant services support necessary to complete the CLUP/GP Update.

DISCUSSION
At the direction of City staff, Wood prepared a request for Contract Amendment No. 3 that identifies tasks necessary to successfully complete the CLUP/GP Update, including the Program Environmental Impact Report. (Exhibit A-1 to Attachment A).

N:\Project Files\2016 (1805 -1849)\1810 GP-CP Update\Amec Contract\Amendment No.3.docx Wood Consultant Agreement Amendment No. 3
September 26, 2022

The contract period spans multiple fiscal years and the City will annually budget amounts sufficient to cover anticipated contract costs during the fiscal year. In addition, the City and Wood will continue to pursue additional grants through this process.

FINANCIAL CONSIDERATIONS
The approval of Contract Amendment No. 3 for a supplemental budget of $391,490 to complete the CLUP/GP Update, would bring the total contract amount to $1,372,202.

Grants to date specifically for the CLUP/GP Update total $673,093.

The total budget with Wood Inc. for the original agreement with the three modifications is not-to-exceed $1,372,202. The budget for FY 2023 is $200,000 (9 months).

Sufficient funds for Professional Services (Advance Planning Program) are available in Account No's. 101-302-5201.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed and approved the Consultant Services Agreement as to form.

OPTIONS

1. Authorize the City Manager to execute Amendment No. 3 to the Agreement between the City and Wood Environment & Infrastructure Solutions, Inc., to prepare the City's CLUP/GP Update and Program Environmental Impact Report. (staff recommendation).

2. Authorize the City Manager to execute the Amendment No. 3 to the Agreement with modifications.

3. Receive staff report and choose not to execute the Agreement, and direct staff to explore other options.

PRINCIPAL PARTIES EXPECTED AT MEETING
Wood Environment & Infrastructure Solutions, Inc., consultant team.

ATTACHMENTS
Attachment A Third Amendment to Agreement for Consultant Services including July 21, 2022 Revised Request for Approval of Modification No. 3.

N:\Project Files\2016 (1805 -1849)\1810 GP-CP Update\Amec Contract\Amendment No.3.docx Wood Consultant Agreement Amendment No. 3
September 26, 2022
Page4
Staff contact: Steve Goggia, Community Development Directo~ Q: . (805) 755-4414 I [email protected] ~~
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N:\Project Files\2016 (1805 -1849)\1810 GP-CP Update\Amec Contract\Amendment No.3.docx Attachment A

CITY OF CARPINTERIA

THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This "Third Amendment" for additional professional services for the City's General Plan and Local Coastal Plan Update for an amount not to exceed $391,490, is made and effective as of the 26th day of September, 2022 between the City of Carpinteria, a municipal corporation ("City") and Wood Environment & Infrastructure Solutions, Inc. ("Consultant"). This Third Amendment is made a part of the Original Agreement for Consultant Services between the City and Consultant ("Original Agreement"). The not-to-exceed contract amount would increase from $980,712 to $1,372,202. In addition, this Third Amendment will extend the term of the Original Agreement to January 31, 2024.

Consultant services for the City's General Plan and Local Coastal Plan Update include items as noted in the Revised Request for Approval of Modification No. 3, dated July 21, 2022, to the City of Carpinteria General Plan and Local Coastal Plan Update (Exhibit A-1) and the Wood Environmental & Infrastructure Solutions, Inc. not-to-exceed estimate based on Time and Materials (included with Exhibit A-1); said attachments are made a part of this Third Amendment.

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

The City Council, on this 26th day of September, 2022, approves this Third Amendment and authorizes the City Manager to execute this Third Amendment.

IN WITNESS WHEREOF, the parties have executed this Third Amendment at the place and as of the date first written above.
"CITY"
City of Carpinteria
"CONSUL TANT"
Wood Environment & Infrastructure, Inc.

By: _
David Durflinger, City Manager
By: _
Aaron P. Goldschmidt
Vice President, Environmental Planning Group
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 A-1
wood.

Wood Environment & Infrastructure Solutions, Inc.
104 West Anapamu Street, Suite 204A
Santa Barbara, CA 93101
USA
(805) 962-0992
www.woodplc.com
July 21, 2022
Mr. Steve Goggia
Community Development Director
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013-2603
Subject: Revised Request for Approval of Modification No. 3 to the City of Carpinteria Coastal Land Use Plan and General Plan Update and Program Environmental Impact Report Greetings Mr. Goggia,
Per your request, Wood Environment & Infrastructure Solutions, Inc. (Wood) is pleased to provide this revised contract modification to complete the Coastal Land Use Plan/ General Plan (CLUP/GP) Update and Environmental Impact Report (EIR) project for the City of Carpinteria (City). We are looking forward to the opportunity to resume work with the City on this important project. The project proposes amendments to the City's 2003 GP/CLUP, coupled with the study of key issues that have historically generated substantial public interest and participation in both land use policy and entitlement processes.

Our proposal addresses comments and directions provided by the City. This scope of work includes the effort required to complete the Administrative Draft, Draft, and Final CLUP/GP. In addition, this scope of work includes the tasks described in the California Coastal Commission (CCC) Local Coastal Program (LCP) Planning Grant Application for the General Plan/Local Coastal Land Use Plan Update Adoption Process and Implementation Plan for Coastal Development Permit Procedures (November 2021 ). We understand the City was awarded CCC grant funds to partially fund the effort included in this scope of work. The grant funding is proposed to support continued public outreach, preparation of a Program Environmental Impact Report (EIR) compliant with the California Environmental Quality Act (CEQA), and preparation of staff reports, presentations, and other hearing support during adoption hearings. This proposal supplants all remaining tasks from our May 8, 2017 proposal; by accepting this proposal, the City would descope all outstanding efforts and instate the scope of work provided herein to complete the project.

To date, Wood has completed substantial public outreach, stakeholder engagement, and initial decision-maker discussions. We have submitted and responded to City staff and CCC staff comments on the Administrative Draft CLUP/GP policies. We have also submitted the entire Administrative Draft CLUP/GP, except for the Land Use Element and related appendices, for review and comment by City staff. We are prepared to work with City staff to complete and incorporate revisions on the Administrative Draft CLUP/GP, publish the Public Draft EIR, complete public and decision-maker review, prepare and publish the Program EIR, and see the Final EIR and Final CLUP/GP through to certification and adoption in a reasonable timeframe as discussed in the Scope of Services below . • • •
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Scope of Services
Task 1. Draft & Final CLUP/GP
Following Wood's preparation and submittal of the Administrative Draft CLUP/GP policies in the Summer of 2019, City staff and CCC staff provided review and comment on policies excerpted from the following elements:
• Land Use Element; • Safety Element;
• Community Design Element; • Public Services Element;
• Circulation Element; • Healthy Community Element; and • Open Space & Conservation Element; • Coastal Resiliency Element.

Wood worked with City staff to prepare and submit detailed comment response matrices that addressed each of the suggested policy revisions provided by CCC staff. This included attendance at numerous project management and working meetings with City staff and CCC staff, as well as additional meetings with the City staff. This extensive effort was necessary to conduct a real-time City review of the policies and to prepare for workshops and stakeholder meetings. While these meetings were needed to advance the project, the number of meetings attended and the effort required to facilitate this process substantially exceeded those outlined in our original proposal.

Following the submittal of the revised policies in December 2019, Wood submitted each of the elements comprising the Administrative Draft CLUP/GP, except for the Land Use Element, for City staff review in three serial submittals occurring in July, August, and November 2020. To date, Wood has received comments from the City staff on the Open Space and Conservation Element; comments on each of the other elements remain outstanding.

Building from the work completed to date on the Administrative Draft CLUP/GP, the planning process to create the Draft CLUP/GP for environmental review (Task 3) will involve preparing a Revised Administrative Draft CLUP/GP, a GPAC Draft CLUP/GP, and a Public Draft CLUP/GP, as detailed below.

Revised Administrative Draft CLUP/GP
Efforts will be required to respond to City staff comments and update the administrative draft elements. Given the elapsed time, we will also need to review and potentially update the submitted CLUP/ GP elements to ensure timeliness and accuracy. Updates may also be required in response to additional public outreach and engagement with the GP/CLUP Advisory Committee (GPAC; see Task 2). This effort will include an analysis of Vehicle Miles Traveled (VMT) to establish the City's baseline VMT, Future Baseline VMT, proposed CLUP/GP VMT, and proposed local VMT thresholds (see attached detailed scope of work for Fehr & Peers).

Although Land Use Element text and figures have been drafted, our team will need to work with City staff on several key buildout assumptions such as those for residential development in commercial zones, citywide accessory dwelling unit (ADU) capacity, and development in various overlays. Wood will work with City staff to ensure that overall buildout assumptions meet with City staff approval. While the pending Housing Element Update is not included in this scope of work, the buildout assumptions will need to relate to housing assumptions and programs to support the City's planning and implementation.

Under this task, our team will attend one (1) virtual kick-off meeting with City staff to reinitiate the project and to discuss the required updates to the land use database (e.g., density, buildout assumptions for mixed-use and overlays, ADUs, etc.) necessary to complete the Land Use Element of the Administrative Draft CLUP/GP. We will also discuss the approach to the VMT analysis.

Following the receipt of City comments on the entire Administrative Draft CLUP/GP, our team will attend one (1) virtual meeting to discuss the range of comments provided by City staff on the Administrative Draft CLUP/GP and to establish expectations for responding to such comments. We will also discuss the need for updates and revisions due 2 •••
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to the time that has passed (i.e., more than 1 year) following the original submittal of the Administrative Draft CLUP/GP.

After reaching a consensus with City staff regarding the required revisions and updates to the Administrative Draft CLUP/GP, Wood will prepare and submit a compiled Revised Administrative Draft CLUP/GP for City staff review.

Following the completion of the Revised Administrative Draft CLUP/GP, and depending on CCC staff interest and availability, we will attend one (1) virtual meeting with City staff and CCC staff. During this meeting, we will provide a status update to CCC staff, a broad overview of the previous policy revision process in 2019, and a revised schedule for the forthcoming preparation and release of the Public Draft CLUP/GP.

Deliverables: One (1) electronic copy (MS Word and Adobe PDF) of the Land Use Element comprising the remainder of the Administrative Draft CLUP/GP; one (1) electronic copy (MS Word and Adobe PDF) of the Revised Administrative Draft CLUP/GP responding to comments provided by City staff plus appendices; and attendance at up to three (3) virtual meetings, including preparation of meeting agendas and a conceptual schedule.

Draft CLUP/GP
Following the submittal of the Revised Administrative Draft CLU P/GP to City staff, Wood will receive a final round of City staff comments. Wood will address these comments and prepare the Public Draft CLUP/GP for public release and presentation to the GPAC (see Task 2).

Wood will assist the City with GPAC review of the Public Draft CLUP/GP during a defined public review period (e.g., 30 days). Wood staff will present a summary of all draft elements and track GPAC comments and suggested revisions to the Draft CLUP/GP. Wood will also lead additional community outreach efforts to foster review and comments on the Public Draft CLUP/GP (see Task 2).

Following the completion of the public review period, Wood will review all oral and written comments with City staff.

Wood will incorporate one round of consolidated revisions to the Public Draft CLUP/GP based on direction from City staff. Our team will prepare the Revised Draft CLUP/GP to integrate public comments, as appropriate. This Revised Draft CLUP/GP will serve as the basis for the EIR project description and analysis (see Task 3) As part of the effort to prepare the Revised Draft CLUP/GP, we will work with City staff to prepare up to five (5) focused policy papers describing specific and unique local conditions and community interests that are the foundation of the City's policy/positions should City staff and CCC staff have differing viewpoints on key topics or • policy language (e.g., affordable recreation and visitor-serving amenities). For each policy paper that is needed, we will summarize the nature of any disagreement between the City staff and CCC staff, including a reference to the relevant section(s) of the Coastal Act and the policy(s) preferred by the City. We have found this to be an effective approach to clarifying local preferences and focusing on key policies of primary interest for City staff.

Deliverables: Five (5) hard copies and one (1) electronic copy (Adobe PDF) of the Public Draft CLUP/GP for public review; one (1) electronic copy (MS Word and Adobe PDF) of the Revised Draft CLUP/GP and one (1) electronic copy (MS Word and Adobe PDF) of up to five (5) focused policy papers.

Final CLUP/GP
Following completion of the Final EIR (Task 3), Wood will prepare the proposed Final CLUP/GP for presentation and recommendation to the City decision-makers, including the Planning Commission and City Council (see Task 4). Wood will integrate EIR mitigation measures into the CLUP/GP policies and programs as needed before presentation to decision-makers. Following the decision-maker review and comment, Wood will integrate comments at City direction and publish the adopted Final CLUP/GP, including appendices.

We presume that changes to the Revised Draft CLUP/GP to create the Final CLUP/GP as well as decision-maker review of the Final CLUP/GP (Task 4) would not require changes to buildout estimations, technical analysis, or mapping/graphics, and would not result in substantive changes to policies, programs, or development standards. If 3 •••
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substantive changes or additional technical analysis are required to prepare the Final CLUP/GP, Wood will prepare a separate proposal for this effort on a time and materials basis.

Deliverables: One (1) electronic copy (Adobe PDF) of the proposed Final CLUP/GP for decision-maker review; five (5) hard copies and one (1) electronic copy (Adobe PDF) of the adopted Final CLUP/GP.

Team Meetings and Management
During the preparation of the CLUP/GP, our team will conduct biweekly virtual meetings with City staff over up to 8 months (approximately 16 one-hour-long meetings) beginning with the kick-off meeting to re-engage the preparation of the Revised Administrative Draft CLUP/GP. Regular biweekly MS Teams meetings would ensure ongoing collaboration between the Wood team and City staff and real-time comment resolution, as necessary. Our team will also manage communications and coordination needs between City staff, planning staff, technical team members, and other involved parties (e.g., GPAC}, as well as project reporting, invoicing, schedule, and budget management.

Task 2. Public Outreach Program
Wood will assist the City with public outreach and community engagement for the project. Our team will build from the contact lists, community partnerships, and outreach materials prepared for the project to date to engage the community at key points in the planning and environmental review process, including the release of the Public Draft GP/CLUP, EIR scoping, Draft EIR review, and adoption proceedings for the Final GP/CLUP and EIR certification. Public outreach will involve community workshops and engagement, GPAC engagements, and required CEQA meetings, as detailed below. All meetings would be virtual. All public outreach meetings will be designed to engage participants with interactive digital tools to capture diverse input and data. Presentations will be given by our senior staff, including our Planning Manager, Erika Leachman, and CEQA Project Manager, Nick Meisinger, with support from Sarah Anderson, Senior Planner, and Gina Sawaya, Community Engagement Specialist. Presentations will be recorded, digitally transcribed, and translated into Spanish.

Community Workshops and Engagement
Our team will prepare meeting materials (e.g., agendas, fact sheets, surveys, handouts, etc.) and make presentations at up to two (2) virtual community workshops through the development of the Draft CLUP/GP (see Task 1). Our team will also prepare digital public notices and supporting materials in English and Spanish (e.g., fact sheets, postcards, postmeeting surveys, etc.) for the City to advertise community workshops and provide opportunities to stay involved with the project; we assume the City will arrange all required newspaper advertisements, printing, and mailings. We will also provide email, website, and social media content in English and Spanish; we assume the City will be responsible for posting and sharing any digital content on existing City media platforms (e.g., Facebook, lnstagram, Twitter, etc.).

GPAC Meetings
Our team will coordinate with the City to facilitate up to four (4) virtual GPAC meetings/workshops to review and discuss the GPAC Draft CLUP/GP. We propose that each meeting will focus on a subset of draft elements to allow for a focused consideration of the proposed policy framework and programs.

CEQA Meetings
During the EIR scoping period, we will host one (1) virtual meeting to collect input from the community about key EIR issues and the scope of the analysis and alternatives. The scoping presentation will be given by our senior staff, including our CEQA Project Manager, Nick Meisinger, with support from our Senior Planner, Sarah Anderson.

Wood will also arrange one (1) government-to-government consultation meeting between City staff and tribal representatives if a consultation request is made in response to tribal outreach for the project.

During the public review period for the Public Draft EIR, we will host one (1) virtual meeting to present the findings of the Draft EIR and collect public comments. The Public Draft EIR presentation will be given by our senior staff, including our CEQA Project Manager, Nick Meisinger, with support from our Senior Planner, Sarah Anderson . 4 • • •
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Wood will prepare required noticing (see Task 3); City staff will be responsible for distributing notices.

Deliverables: Facilitation of up to nine (9) virtual public meetings or workshops, including digital meeting materials, notices for City distribution, presentation, recording, and transcription. Spanish translation for meeting notices and transcriptions.

Task 3. EIR
Administrative Draft EIR
As described within the original Proposal to Prepare City of Carpinteria General Plan/Local Coastal Plan Update and Program Environmental Impact Report (May 2017), Wood will conduct an environmental review for the CLUP/GP per CEQA. Wood will prepare a Notice of Preparation (NOP) and host one (1) virtual scoping meeting (refer to Task 2).

City staff will be responsible for publishing/distributing the NOP. The Administrative Draft EIR for the CLUP/GP will consider the scoping comments received during the scoping process and address direct and indirect impacts for all issues, including climate change and sea level rise issues as well as other geological concerns, energy, aesthetics/visual resources, air quality, biological resources, cultural resources, hydrology and water quality, public services and utilities, recreation, and transportation. The EIR will evaluate land use issues and consistency with adopted and proposed plans and policies in addition to an analysis of the impacts associated with project alternatives (up to three (3) alternatives, including the No Project alternative) and their comparison with project impacts.

Since the original initiation of the CLUP/GP update in 2016, it has been determined that the following will be required during the preparation of the Administrative Draft EIR:

Updated CEQA Guidelines: Since the proposed 2017 work program, the CEQA Guidelines were updated substantially in December 2020, including the addition of new thresholds for energy and wildfire resources as well as adjustments to tribal cultural resources and transportation. Our team will address the most recent CEQA Guidelines, which are anticipated published in January 2022.

Analysis of Adaptation Strategies· CEQA review will include a programmatic analysis of the adaptation strategies described within the Coastal Resiliency Element.

Analysis for Circulation and Safety Elements: Our team includes Fehr & Peers, who will conduct a focused transportation analysis for the EIR, including a focus on any potential rezones identified by City staff.

The EIR transportation analysis will include a discussion of VMT per the requirements of Senate Bill (SB) 743. The analysis will first review the VMT CEQA guidelines established by the Governor's Office of Planning and Research (OPR). Changes to the City's VMT resulting from the proposed Land Use and Transportation elements will be presented using data obtained from the Santa Barbara County Association of Governments (SBCAG) regional transportation model. A discussion of the positive VMT effects of the City's enhanced programs for complete streets, including walking, bicycling, and transit, will be provided. Any required mitigation measures will be developed on a programmatic level.

Deliverables: One (1) electronic copy (MS Word and Adobe PDF) of the NOP; incorporation of all scoping comments from the scoping process into a matrix that will be an appendix to the EIR.; five (5) hard copies and one (1) electronic copy (MS Word and Adobe PDF) of the Administrative Draft EIR and technical appendices.

Public Draft El R
Wood will provide for one round of City review and comment on the Administrative Draft EIR. We assume that the comments will be consolidated and provided in MS Word tracked changes. Any comments requiring further direction for resolution will be discussed with City staff during a virtual meeting. We will incorporate City staff revisions and submit one (1) electronic copy (MS Word and Adobe PDF) of the Screen check Draft EIR for City review. The screencheck review of the Draft EIR is intended to provide City staff with an opportunity to verify that comments were adequately addressed.
5 • ••
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Deliverables: Incorporation of comments on the Administrative Draft EIR from one (1) round of City staff review. One (1) electronic copy (MS Word and Adobe PDF) of the Screencheck Draft EIR and technical appendices.

We will incorporate any final administrative City comments and publish and submit the Public Draft EIR with digital versions on CDs (Adobe PDF), including the technical appendices.

Deliverables: Five (5) hard copies and one (1) electronic copy (Adobe PDF) of the Public Draft EIR.

Our team will submit the Public Draft EIR and the Notice of Availability (NOA)/ Notice of Completion (NOC) to the State Clearinghouse, consistent with the requirements of Assembly Bill (AB) 819 for CEQA submittal.

Deliverables: Preparation of the NOA/NOC; submittal of the electronic Public Draft EIR and NOA/NOC to the State Clearinghouse.

Response to Comments and Administrative Final EIR
Following public review and comment on the Public Draft EIR, our team will collate all comments received in an appendix to the EIR and provide a matrix indicating where and how such comments have been incorporated and responded to in the Response to Comments and Administrative Final EIR.1 The Administrative Final EIR will include the Draft EIR in its entirety with changed pages in stril~eout and underline format as needed to address comments, a detailed Responses to Comments, and a Draft Mitigation Monitoring and Reporting Program (MMRP). The MMRP will identify mitigation measures, responsible parties or agencies, implementing actions, and timing for the direct and indirect impacts and potential cumulative impacts.

Deliverables: One (1) electronic copy (MS Word and Adobe PDF) of the Administrative Final EIR, Draft MMRP, and detailed Response to Comments for all comments received on the Public Draft EIR.

Final EIR
Upon submittal of City comments on the Response to Comments and Administrative Final EIR, we will incorporate final revisions and provide a Screencheck Final EIR to ensure incorporation of all City comments and provide staff with an opportunity to verify that comments were adequately addressed. Upon final edits, we will prepare and submit the Final EIR with enclosed CDs of the digital version of the Final EIR and appendices (Adobe PDF). Following certification of the Final EIR and adoption of the CLUP/GP (Task 4), Wood will submit the Final EIR along with the Notice of Determination (NOD) to the State Clearinghouse, as well as the City and County Clerk.

Deliverables: Five (5) hard copies and five (5) electronic copies (Adobe PDF) provided on CDs of the Final EIR; completion of the NOD and review of the Administrative Record.

Task 4. CLUP/GP Adoption & EIR Certification
Wood will prepare staff reports and exhibits and make virtual presentations at up to two (2) Planning Commission hearings and up to two (2) City Council hearings. These presentations will be given by our senior staff, including our Planning Manager, Erika Leachman, and our CEQA Project Manager, Nick Meisinger, with support from our Senior Planner, Sarah Anderson. Wood will track comments on the suggested revisions to the CLUP/GP and incorporate comments as directed by City staff. We assume that City staff would prepare agendas and notices for these decisionmaker hearings. 1 Time to address public and agency comments on public draft documents is based on preparing responses to up to 50 comments generated from either agency or individual comment letters. If the responses to comments on administrative or draft documents require new data collection or additional fieldwork or analyses beyond the stated scope of work, an equitable adjustment in the cost based on time and materials needed may be necessary . 6 • • •
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Deliverables: One (1) electronic copy (MS Word) of up to four (4) staff reports for City staff to provide to City decision-makers; up to four (4) presentations to City decision-makers.

Schedule
Wood can commence the services described herein upon receipt of a written Notice to Proceed (NTP). Our team will work diligently with City staff to advance this project on an expedited schedule consistent with direction from City staff. We assume that consolidated comments on the Administrative Draft CLUP/GP sections currently under review by the City will be received within two (2) weeks of the NTP. As previously described, Wood will work with City staff to establish an agreed-upon schedule during the initial call to review key comments. Wood is committed to completing the CLUP/GP and EIR expeditiously on a timeline that allows for the City to meet its existing grant requirements.

Estimated Cost
The estimated cost to perform this scope of services is outlined in the below table and in the attached detailed worksheet. A proposed Modification Request No. 3 of $340,426 is requested to complete the preparation of the CLUP/GP update and the associated Program El R. At the request of City staff, a 15 percent contingency has been included to facilitate unforeseeable out-of-scope efforts (e.g., additional meetings, extensive public or agency comments, etc.). Additionally, all the previous assumptions included in the original scope of work dated May 8, 2017, will remain in effect in addition to those provided below; however, where duplication or inconsistency may exist this modification supplants the scope and cost assumptions from the 2017 proposal.

Task Fee
Task 1. Draft and Final CLUP/GP $89,981
Revised Administrative Draft CLUP/CP $48,784
Draft CLUP/GP $27,571
Final CLUP/GP $8,670
Team Meetings & Management $77,076
Task 2. Public Outreach Program $34,988
Task 3. EIR $172,984
Administrative Draft EIR $720,227
Public Draft EIR $75,732
Administrative Final EIR & Response to Comments $27,267 ~~------ --- ~·-·-- -·- --- --- ·---··-·----. ·-· -- - ----------·---- -·--·--- Final EIR $75,764
Task 4. Adoption & Certification $42,743
Total $340,426
Contingency (75 percent) $57,064
Grand Total $391,490
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Assumptions
Wood's proposal assumes that:

1. Electronic and/or hard copy versions of relevant City documents and available data, reports, and technical studies (e.g., technical studies for recently approved/pending projects, etc.) will be provided promptly to Wood. Delays in receipt of requested data or documents will cause a slip in schedule and an equitable adjustment in cost based on time and materials needed.

2. We assume that consolidated comments on the Administrative Draft CLUP/GP sections currently under review by the City will be received within two (2) weeks of the NTP.

3. Wood assumes that City Geographical Information System (GIS) and other staff will provide relevant and available geospatial data.

4. Wood is not responsible for any omission of data or analyses that are not provided or identified to Wood by the City, its representatives, or contractors.

5. Substantive changes to the Project Description and/or alternatives, once impact analyses have begun, will cause a slip in schedule and an equitable adjustment in cost based on time and materials needed.

6. Our scope to assess air emissions includes CalEEMod modeling runs (using default settings for stationary and mobile source emissions) and up to three (3) alternatives. No technical report is proposed, but an air quality appendix will be prepared for the EIR.

7. Field surveys, detailed analysis, or special research will not be required for biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, or any other resources, beyond what has already been completed (e.g., Environmentally Sensitive Habitat Area [ESHA) report) or proposed herein (e.g., VMT analysis). Assessment for these issues will be based on existing reports, available databases, and regional plans. If unanticipated resources are identified, Wood will prepare a supplemental scope and budget for documentation and evaluation of the resources.

8. As described in the scope of work, each deliverable would be subject to one round of review by the City. To minimize conflicting comments between City departments/divisions, the City will consolidate comments on draft documents into each round of review (assumed to be in MS Word tracked changes).

9. Time to address public and agency comments on public draft documents is based on preparing responses to up to 40 discrete comment topics generated from either agency or individual comment letters. If the responses to comments on administrative or draft documents require new data collection or additional fieldwork or analyses beyond the stated scope of work, an equitable adjustment in the cost based on time and materials needed may be necessary.

10. All public workshops/meetings, decision-maker hearings, and staff meetings would be virtual. Wood will prepare meeting materials and will translate official notices for public meetings into Spanish. We assume the City will be responsible for the distribution of notices and publication of legal advertisements or other meeting notices.

11. Wood will record all public meetings using MS Teams and prepare a digital meeting transcript and Spanish translation using MS live translation tools. We assume that all decision-maker hearings will be recorded by City personnel for the official record.

12. We assume that direction from City staff will be provided related to each of the action items resulting from any public meetings or hearings.

13. Mileage is reimbursable at $0.625 per mile; per diem will be reimbursable based on GSA rates for onsite meeting days.
8 • ••
CLUP/GP Update Modification No. 3
City of Carpinteria
July 27, 2022
wood.

14. Any in-person background research needed will be performed in conjunction with travel for meetings.

15. Additional hard copies of the CLUP/GP or EIR may be requested for $150 per copy.

16. A 10% markup fee is applied to subcontractor costs; a 2% markup fee is applied to direct labor for office administration costs.

17. Filing fees and California Department of Fish and Wildlife (CDFW) fees are not included in proposal costs.

18. Wood assumes that the scope of work will be completed within 18 months. Delays of greater than two (2) months may lead to a change in costs or effort associated with Project Management.

19. Wood reserves the right to partial bill for partially completed work where unanticipated delays or changes to the project schedule occur at no fault of Wood's team.

20. Wood reserves the right to move budgeted effort between the tasks described in our proposal.

Wood Team Organization
Wood's planning team continues to be led by original members associated with this project, including Dan Gira, Erika Leachman, and Nick Meisinger. Our team is supported by in-house technical specialists, including noise, utilities, air quality and GHGs, and cultural resources, as well as one subconsultant; Fehr & Peers would prepare a technical analysis of VMT to inform the CLUP/GP policies and the El R's analysis of transportation impacts.

Since our original 2017 proposal, there has been some change in personnel and the costs above reflect updated titles/positions based on 2022 rates for the team members identified in the Wood planning team organizational chart below.

Figure 1. Wood Planning Team Organization for the Carpinteria CLUP/GP Update City of Carpinteria
' Dan Gira
Project Principal
Nick Meisinger
CEQA Project
Manager
Enka Leachman
Planning Manager
'
Sarah Anderson
Senior Pia nner
Taylor Lane
Environmental
Planner
Gina Sawaya
Planner/Engagement
Specialist
Mia Claridy
Environmental
Planner
Ashlyn Navarro
Environmental
Planner
9 •••
CLUP/GP Update Modification No. 3
City of Carpinteria
July 27, 2022
wood.

We hope that this proposal demonstrates our understanding of the City's needs and our ability to deliver high-quality professional planning and environmental services in an efficient and timely manner. We have structured our proposal to respond to the City's direction to the extent feasible, including aligning the scope of work and budget to the CCC grant-funded tasks.

Our not-to-exceed cost estimate has been developed on a time-and-materials basis and our proposal is an offer valid for ninety (90) days from the date of submittal.

Should you have additional questions, or need clarification, please feel free to contact Ms. Erika Leachman in Wood's Santa Barbara office at (805) 252-9891 or [email protected]. Ms. Leachman and I are both authorized to represent the firm in discussions regarding this proposal. We look forward to working with you.

Sincerely,
Wood Environment & Infrastructure Solutions, Inc.

Aaron Goldschmidt, ENV SP
California Environmental Planning Manager
Attachments:

1. Estimated Cost Spreadsheet

2. Fehr & Peers Proposal to Provide VMT Analysis
10 •••
Wood Environment & Infrastructure Solutions, Inc.

CLIENT: City of Carpinteria
Not-to-Exceed Estimate based on Time and Materials
(IN ood reaevea lhe right lo mo ve budget between tas ks) -··- --·--··-··- ·-···
Date of Estimate: July 21, 2022
.!!1<1 Ill!<l .!!1U IuU
ReviHd Administn!iw 0~ Daft TtnMNtin111& AdminiltrltiYIOrafl:ElR AdmlnlttrltiveFlllllElR1nd TOTAL PROJfCT CLUPfGP a.UP/GP FlnalCLUPIGP Man11g .,,ent
P11bllc011ll'HchPr09,am ltfffltlldleddtbil) P11blicDmlElR Rnpo11ntoCommenu FlnalEIR Adaption&C.rtllcatlan DIRECT LABOR: TrTLE NAME RATE HOURS AIIOUNT HOURS AIIOUNT HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT HOURS AIIOUNT HOURS AMOUNT HOURS AIIOUNT HOURS AMOUNT Pro fessionalleve l620 ProjedPrincipal Dan Gita S170.00 2 5340 2 $340 2 5340 1D $1,700 12 52,040 24 $4,080 4 1680 4 S680 4 S680 32 S5.440 .. $16,320 Pro fessionallevel 618 Planning Manager Erikaleaehman $150.00 60 $9,000 40 16,000 24 SJ,600 35 $5,250 40 S,,000 40 16,000 8 $1,200 8 51.200 8 $1,200 60 $9,000 323 Pro fessiOl'la le...e l615 CEQAProjectManager Nick Meisinger $130.00 D so D so D so D $0 32 $4,160 140 $18,200 18 52,340 32 $4,160 24 $3,120 40 55,200 286 $3""7,·"' 180 Pro fessionalevel610 SericrPlanner Sara h And erso n $110.00 40 54,400 80 18,800 32 $3,520 35 Sl,850 7D $7,700 178 S19,580 40 54,400 40 54,400 40 $4,400 90 $9,900 645 '70,950 Pro fessiona lev el615 Environ me ntal Planner/Air Quality Speci alist Taylorlane 5110.00 D so D $0 0 so D $0 D $0 40 $4,000 ' 522D $110 1 $110 $11 0 " 54,550 Pro fessional level615 Ncise5f) ecialist BrianCooil 5130.00 D $0 0 $0 0 $0 D $0 D $0 18 52,340 $130 $130 $130 5130 22 12,860 Pro fessionallevel618 Lhil itiesEngineer Debra McGrew 5150.00 D so 0 $0 0 $0 0 $0 D $0 24 53,600 1 5150 1 $15 0 1 5150 5150 28 $4,200 Pro fessionallevel612 Cultural Reso urces Specialist JesHuddlestone $110.00 D $0 D so 0 so 0 $0 D $0 16 51,760 1 $110 1 5110 $110 1 $110 20 S2,200 Pro fessionallevel612 Biologist JasonEr1ich $110.00 0 so D $0 D " 0 $0 D $0 8 "'' 5110 $110 5110 1 511 0 12 51,320 Pro fessionallevel604 Environmental Planner/Outre ach Speci alist Gina Saw aya S85.00 20 51,7 00 20 $1.7 00 0 $0 D $0 62 $5,270 240 $20,400 12 51,020 40 53,400 16 $1,360 90 S7.650 500 $42,500 Pro fessionallevel604 Environme ntalPlenner Ash!yn Navarro S80 .00 20 S1.6 00 2D S1,600 D SD D $0 16 $1,280 191 $15,280 12 $960 40 $3,200 16 $1,280 24 $1.920 339 527,120 Pro fessionallevel604 Environme ntal Planner MiaCtaicty $80.00 20 S1.6 00 2D $1,6 00 D $0 D $0 13 51,040 213 $17,040 12 $960 40 53,200 16 $1,280 24 $1,920 358 $28,640 Pro fessionallevel609 Subcontrac lslp roa.i reme nt CwDISIM>re S.9 5.00 595 D so D so 0 so D $0 D so D $0 D $0 D SD 0 SD 1 $95 Pro fessionallevel 610 Proj ectAdministralof Rosa nnMa Doch $100.00 1 11D0 D $0 D $0 0 $0 0 $0 0 $0 1 $100 D $0 5100 D SD 3 Adm inisnti velevel809 Word Proc essing Jan iceDei>ew 575.00 D $0 5 5375 4 53DO 0 $0 0 $0 19 $1,425 8 "" "" D $0 1D 5750 D SD .. SJ,450
Adm inisnti velevel807 Adm inistrati ve Rita Sam aniego $65.00 "' D $0 $65 0 $0 0 so D $0 2 $130 0 $0 0 so D SD 4 5260 TOT AL DIRECT LABOR 165 S18.900 187 S20.415 63 S7.825 90 $10.800 245 527,490 1,151 S114.585 123 $13,110 209 520,850 140 $14,780 365 $41,640 Z728 S290 .395 SUBCO NTRACT ORS:

Fehr&Pee-s Transportati on D 525 ,000 0 $0 D $0 D $0 0 $0 D $0 0 $0 D $0 D $0 0 $0 0 25POO Gra p'-cOesig n 576.00 24 S1,824 0 $0 0 $0 D $0 35 $2,660 40 53,040 20 $1,520 D so 0 $0 0 $0 119 9,044 Sublotal Subcollncl~ 24 S26,824 0 so 0 so 0 so 35 S2,660 40 S3,040 20 S1,520 0 so 0 so 0 so 119 34,044 SubcollhctorMriup "" $2,682 $0 $0 $0 5266 5304 5152 so so $0 0 3,444 TO TAL SUBCONTRA CTORS 24 $29,506 0 so 0 so 0 so 535 $2,926 40 $3,344 20 S1.672 0 so so so so so 119 S37,448 OTHER DIRE CT COSTS:

Tran slationSeN ices so $0 $0 $0 $2,500 so $0 $0 SD SD 12,SOD Reprod ucti on (S150perEIRcopy :S100pertechstudy ;S0.4percol orpe9e) D so 5 1625 5 S625 0 $0 D $0 0 $0 5 1625 D $0 5 1625 0 so S2,SOO Trav el Mileagecha-g edatS0.625permile S0.63 0 $0 $0 D $0 D $0 1,850 $1,156 0 $0 D so 0 $0 D so 0 SD S1,156 Sub/ota/OOCs so
"" "" $0 53,656 $0 "" so 1625 SD SS,156
ODCsMarllup 10% $0
"' $63 $0 S366 $0 163 so '" $0 1618 TOTALODCs $0 $688 $688 $0 $4,022 $0 $688 so $688 $0 S6,IT4 Ofli ceAdminisnti on 2% (labcronly ) $378 5408 S157 S216 SSSD SZ,292 $262 $417 S296 583 3 SS,809 (phon es,oft'"K:eequipm ent,offic esuppties)
TOTAL PROJECT ESTIMATE 1651 $48,784 I 1871 $21,511 631 $8,670 SOI $11,016 I 2451 $34,98811,1511 $120,221 1231 $15,732 I 2091 $21,267 I 1401 $15,764 I 3651 $42,473 2,7281 $340,426

CO NTINGENCY
"" $51,064
TOTAL PROJECT WITH CONTINGENCY $391,490
2C22W- f....,r),tvn ent& 1nr,.1 ... c:ureSol utc1 n,- n.s .. 10,-n lldee rned~Wood totiePl' .... 1» lflCI Pl'Dll!>ll lry'"IDffllH<>n "1endo::l klttnea.. ... use on!y Thrs. 1rdorma,or, .n1lnott>eOlld OHdDUl$r,e Olll'tlS toa ~Sll'ldt1'1,1$1 tie WC ~(ett.•!Of edlD -~ ~IU.!_l'O•~o::1_0~~1111,on W ood Environ m ent & Infrastru cture Solutions, Inc.

Not-to-Exceed Estimate based on Time and Materials (WoodrE'".erveslhellgllltomcNeruc)Je tbelweeri ia~s) CLJENT: City of Carpinteria
PROJECT: Modifit:lltion No. 3 to the City of Ca,pintffi11 Coastal Land Use Plan ,nd G«rer1/ Plan Uodat. and Pre ram Environment.al lmJJaet Re art Dat1ofEstimat.: Jl.ay21,2022
Cllbm1l&Tribal ....... 1~
AdminDr311ER(ubor31111Subconlrx!ofs0n~ -~~ Air<hilUfy Biological CUlural ,_ Geology.idSoil1 GrwnllouseGa H;i;z;a nlou1 Hydrvlogy&Wur ""'"" Noiff ?oputition& PublicSenices Tran$portlllion Ulilitles1nd Wildfire OttlerCEQA An V{S i,d
-"· -·-
Emissions
-· """" Housing WRaaNtion Selvke Syslllms Al1 6"!1&W 11:1 Onuipl - ion QRECTL.ABOR: mLE """ RATE HOURS '"""'' ""'"' - ""'"" AMOUNT HOURS - HOURS """"' HOURS AMOUNT """RS AM0I.WT """RS .UOOUNT """RS """"' HOURS .,,CUNT """RS """"' HOURS
'""""' HOURS ""'""' HOURS AMOU NT HOURS ""'""' HOURS AMOUNT HOURS """"' """RS """'" HOURS AMOUNT ,CURS
~Le,,662'.) ,,._,,,_ DanOra s1rooo """'" "'" ' "'" ' s,ro s,ro s,ro ' s,ro ' s,ro s,ro ' s,ro 1 "" ' s,ro ' s,ro ' soc 1 "" ' "'' ' "'' ' s,ro ' ""' s,ro ' .... Prolessiona:l.e,,0'618 PlaMl'IC)Managef ~ .. - St::.000 1 = 1 = 1 = = = 1 S3ll 1 = S3ll 1 S3ll 1 S3ll 1 S3ll 1 S3ll 1 S3ll 1 S3ll 1 "" ' "" ' "'' 1 = ""' " .... ~Le,,8615 CEQl,PraoctMaraair 1'.ICII M!ll !lll!II' S13000 8 S1,040 ' "" ' ,,., ' "" ' ""' ' .,., ' ""' ' ""' ' ""' 8 $\.040 ' ""' ' ""' ' ""' 8 S1.Cl40 8 $\,040 ' "" ' ""' 24 S3,t20 ' $1.040 1«1 S1UIXI ~naLcvo'610 Sor.C'f'l;imer -·~ $11000 12 $1,320 t6 S1.760 8 ""' 8 S880 8 ""' 8 ""' 8 ""' 8 ""' 8 ""' 12 $1,320 8 ""' 8 ... 8 ""' Sl.320 12 $1,320 8 ""' 1 "'" 12 S1.320 12 $1.320 178 S,9,Sfll f>rokrss1onaLeve'.615 Enwcnmllrta' ?lama/Air Qu:i1ly S ri,yiaLano 510000 so ,, "-"" so 0 so ' ""' so SU'OO so so so so so so so 0 so 0 so 0 so 0 so 0 so 40 .... Pro!esmnallev0:6\5 r-bseSOeaa'fst "~"""' 513000 1 ""' 0 so 0 so 0 so 0 so so so so 0 so so 16 52.1'.8'.l 0 " 0 "' 0 " so so 0 so so 0 so 18 S2.3AO Prokls$,cnalLC11a'.6t8 L,Ut1uEnernoor --~ 5150.00 0 so 0 so 0 so 0 so so so so 0 so so 0 so 0 so 0 so 0 so 12 S1,800 ""' 0 so so 0 so 1 $3, ..

Pro!csslOllif lM'I' 612 ClttlnRcsal"aisSoeoaksl ,.,,_ 511000 so so so 16 51.750 so so so so so so so so so so so so so 0 so 51,760 P!olessiona'l.eJd612 ""'"" -- S11000 0 ., ., 8 ""' 0 ., so so so ., 0 so 0 so 0 ., 0 ., 0 so so 0 so so ., so ., ..., ~Levd604 E~•PlaJTuiOlllreamSc Qna 58500 ~ "-"' so ., "-"' so so so so 0 so 40 Sl,400 0 so 40 ""' 31 "-"'
"·"" 0 so 0 so ., so "-"" 2C> '3),-400
l'nllesslonifletd60t Enwcnnert:ll'lamo" .,.,,,....,, '"'"' so 0 so ".,_ .. 0 so so 31 "-"" lS "-"" 31 "-"" ~ "-"" ., 0 so so 0 so so so 2.: 51.!120 so 0 so ., 191 S\5)8:1 PrDlesslona'LClld60t Enwcnnert:lf>lama" ... a..~
"""' so 40 S3.2:XI 0 so so 51.9'20 so so 0 so so so 31 "-"" so 0 so so 40 SJ.100 so S960 " "·"" 0 so 213 S,7,0,() ?roless,ot;ilt.e,d6lll --- ""''""' "5.00 so 0 so so 0 so so so so 0 so so so so ., 0 so ., 0 ., so so so 0 ., 0 ., Prole5SIOn.ll Levd 610 --· RosilmMalcx:n $\0000 so 0 so so 0 so so so so so so so so so 0 so so 0 so so ., so so ., AO'nnstra:r.eLevdflC8 ----~ --- "'"' "' "' ·~ ·~ ·~ ,~ ·~ ·~ "' "' "' ·~ ·~ ·~ ·~ "' ,~ ,~ ' ·~ 11.'25 Aannsuatwel.ewd!ll7 AO'nr'lstrii!Ne ~a5a'nal'IOCO "'"' so so " so so so ., so " so so so so so so so so 0 so ., TOTALOIRECTLAOOR " ,, .. " $8.685 62 $5,965 " "·"' ,. "·"' """' " .... 50 M.765 ~ ""' " ,..,75 " '"" 50 ,.,,, "'" " P.9C> .. ""' " """ 108 510,695 " ""' 1,151 $114,585 SUSCONTRACTORS:
"-
'""' 1 '"' so 1
'"' 1 "'' so 2 "'' so 1 "'' 1 "'' 3 '"' 1
'"' so 1 "'' 3 "" 1 "'' 1 "" so ""' ,0 ,,.,
Sutl.raiS!b:::ootztn "'"' ' "" ., 1 "" 1 "" ., 1 "" so 1 "" 1 "" J ''" 2 '"' ., 1 "'' J "" ' "" 1 "" so ""' ""' $3,0<0 Sutr;cnl" ;r:O-iqilt) "'" so '" ., '" so SZl ., '" SZ3
'" '" so S33 '" ""
TOTA_SOBCONTRA.CTORS '"' 10 "" "" so $167 ., '"' "" ''" '"' ., "" ''" $167 $167 so '"' ... $3,3" lcnnw---• ,._,.._,,,_.,._n ... -.w-,. .. - •• .,._.....,_ ....... ~ .•• ....,n.o ....... ,,, ........ .,_.,.,._..,,.,...,. .. ......,,._,_,,_,,.....,....,..,._n...., FEHRf PEERS
Proposal to Provide VMT Analysis for
City of Carpinteria Circulation Element Update and General Plan EIR Fehr & Peers is pleased to submit this proposal to prepare a VMT analysis in support of the City of Carpinteria Circulation Element Update and General Plan EIR. Our scope of work and cost estimate are provided below.

SCOPE OF WORK

1. Baseline VMT
We will use the SBCAG Travel Demand Model to prepare VMT metrics for the City of Carpinteria.

SBCAG recently updated their model as part of the Connected 2050 RTP/SCS. The base year and future year model data can be interpolated to develop a Year 2022 VMT baseline. We will report the following VMT metrics for the City:
o Home-Based VMT per capita
o Home-Based Work VMT per employee
o Total VMT per service population

2. Future Baseline & General Plan VMT
We will conduct two model runs using the SBCAG Travel Demand Model to forecast future VMT:
o Future Baseline VMT
o Future VMT with General Plan Update
We will provide the socio-economic data by traffic analysis zone (TAZ) and roadway network for the future year (2050) version of the SBCAG model within the City. The socio-economic data will be compared to the base year model to determine the growth estimates in Carpinteria. Any required changes to the growth assumptions will be provided by the City, and we will then reflect these changes in the SBCAG model. We will also update the roadway network to reflect planned improvements in the Circulation Element. No additional TAZ detail or roadway network detail will be added to the model. We will report the three VMT metrics listed above for both future conditions scenarios.

Please note that the VMT metrics will be based on the available inputs and data from the SBCAG model. The model does not consider changes to the multi-modal transportation network or transportation demand management measures. If desired, the City can discuss the benefits of these types of projects and programs qualitatively in the Circulation Element and EIR. 600 Wilshire Boulevard I Suite 1050 I Los Angeles, CA 90077 I (273) 261 3050 I Fax (310) 394-7663 www.fehrandpeei s.corn

3. VMT Thresholds
Once the baseline VMT and future VMT data is available, we will work with the City to inform the selection of a VMT threshold. The threshold options can be informed by OPR guidance and by the process we developed for the County of Santa Barbara. We will identify potential VMT thresholds for the City, and the City will then select the preferred threshold.

4. Documentation
We will prepare a technical memorandum to document the baseline VMT and future VMT metrics for the City of Carpinteria. The memorandum will also briefly describe threshold options for consideration by the City. We can participate in two conference calls with the project team to discuss the findings of our analysis and the potential threshold options.

COST ESTIMATE
Fehr & Peers can complete the scope of work for a not-to-exceed cost of $25,000. We anticipate a two-month schedule for this effort.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 26, 2022

ITEM FOR COUNCIL CONSIDERATION
Consultant Services Agreement between the City of Carpinteria and DUDEK, for a oneyear term to support the City in completing a variety of Advanced Planning projects for an amount not-to-exceed $240,580.

STAFF RECOMMENDATION
Authorize the City Manager to execute an Agreement for Consultant Services with DUDEK for a one-year term to support the City in completing a variety of Advanced Planning projects for an amount not-to-exceed $240,580.

Sample Motion: I move to authorize the City Manager to execute an Agreement for Consultant Services with DUDEK for a one-year term to support the City in completing a variety of Advanced Planning projects for an amount not-to-exceed $240,580. (motion requires a roll call vote)

BACKGROUND
On August 10, 2020 the City Council adopted Resolution No.5997, approving a Principal Planner position for a three-year term to assist with the Advanced Planning work products anticipated by the Community Development Department. The City's Advanced Principal Planner, Rita Bright, was hired on November 16, 2021, to fill this position. Rita has recently announced her retirement at the end of this year.

DUDEK has been engaged with the City since 2008 assisting with various planning projects such as the U.S. 101 freeway projects and the Rincon Trail. In August of this year, the Community Development Directors solicited a proposal for Advanced Planning services from DUDEK.

The purpose of this agenda matter is to seek City Council approval of an agreement with DUDEK to perform certain services in support of the City's Advanced Planning program.

DUDEK Consultant Agreement
September 26, 2022

DISCUSSION
The City currently has 17 Advanced Planning projects underway or planned for initiation in the near future (Attachment A). The DUDEK proposal, included in the Agreement for Consultant Services (Attachment B) would finish out the three-year term for the Principal Planner position previously approved by Council, which runs until November 16, 2023. During this period, the City will analyze the need to extend the Principal Planner position while considering the anticipated workload of the Advanced Planning division. It is noted that the DUDEK proposal includes a primary planner working 20 hours per week, and two auxiliary planners each working approximately 8 hours per month.

In addition to the Grants secured for the Coastal Land Use Plan and General Plan (CLUP/GP) Update Program, the recently awarded Coastal Commission Round 7 Grant includes $250,000 earmarked for the update of the City's Coastal Development Permit procedures of the Zoning Code, which was initiated by the City Council at its recent meeting of September 12. The DUDEK team will be taking on this work in addition to helping with the (CLUP/GP) Update Program and other Advanced Planning projects.

The DUDEK planning team will report directly to the Community Development Director and may also collaborate with other advanced planning project consultants such as the Wood consultants that are assisting the City with the General Plan/Local Coastal Land Use Plan update.

FINANCIAL CONSIDERATIONS
For budgeting purposes, the fully burdened cost of the subject Principal Planner position is $13,500 per month or $162,000 per year. The position is partially grant funded. Total agreement cost is a not-to-exceed amount of $240,580 in the current fiscal year and for $180,000 (9 months) for FY 2023.

Sufficient funds for Professional Services (Advance Planning Program) are available in Account No's. 101-302-5201 and 104-302-5201, offset by salary savings.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed and approved the Consultant Services Agreement as to form.

OPTIONS

1. Authorize the City Manager to execute the Agreement for Consultant Services with DUDEK for a one-year term to oversee the Advanced Planning activities (staff recommendation).

N:\Director\Consultant-Contracts\Dudek - Principal Planner\2022 CC SR Consultant Agreement 9.26.2022.docx DUDEK Consultant Agreement
September 26, 2022

2. Authorize the City Manager to execute the Agreement with City Council modifications.

3. Receive staff report and choose not to execute the Agreement, and direct staff to explore other options.

PRINCIPAL PARTIES EXPECTED AT MEETING
Jonathan V. Leech, AICP, DUDEK

ATTACHMENTS
Attachment A
Attachment B
Advanced Planning Project List
Agreement for Consultant Services Between the City of Carpinteria and DUDEK
Staff Contact: Steve Goggia, Community Development Director (805) 755-4414, [email protected] ~~
1gn ture
Reviewed by: Dave Durflinger, City Manager
LA
(805) 755-4400, [email protected]
N:\Director\Consultant-Contracts\Dudek - Principal Planner\2022 CC SR Consultant Agreement 9.26.2022.docx

ATTACHMENT A

ADVANCED PLANNING PROJECTS

1. General Plan/Coastal Land Use Plan Update

2. Housing Element Update

3. ADU/ JADU Zone Code Ordinance

4. Downtown Design Overlay Zone Code Ordinance

5. Density Bonus Zone Code Update

6. New CDP Permitting Regulations Zone Code Ordinance

7. SB 9 Regulations Zone Code Ordinance

8. Formula Business Moratorium; Formula Business Ordinance Permanent Regulations

9. Co-ownership Property Moratorium; Co-ownership Property Ordinance Permanent Regulations

10. Smoking Regulations Ordinance Update; Smoke Free Multi-Family Housing and Flavored Tobacco-Vape Ban

11. Soft Story Buildings Ordinance

12. Wireless Regulations Update

13. Subdivision Ordinance Update

14. Sign Regulations Ordinance Update

15. Short Term Rental Ordinance Update

16. Neighborhood Design Guidelines Update

17. Safe Parking Regulations Ordinance
Attachment B

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT FOR CONSUL TANT SERVICES ("Agreement") is made and effective as of the 27th of September, 2022 by and between the City of Carpinteria, a municipal corporation ("City"), and the DUDEK ("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 non-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 required or necessary under this Agreement in a fully competent, professional and 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 1.2
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.

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.
22199864.1

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. Consultant is an independent contractor of City. Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant only and not of the City, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Consultant. Consultant is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services.

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. The City Manager or his/her designee shall have the authority to render decisions within guidelines established by the City Council and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. The following individual(s) will serve as the primary contact(s) for Consultant in the administration of this Agreement:

Jonathan V. Leech, AICP, Senior Project Manager

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, unless terminated earlier as provided for herein.
2 4. COMPENSATION.

4.1 Basic Services. For Basic Services, City shall pay Consultant on a time and materials basis, not to exceed amount of $240,580 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 A, based on the actual time spent on the tasks and the actual price of the necessary materials. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the City's Request For Proposal together with attachments, Consultant's proposal together with attachments.

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 services are authorized Additional Services agreed to 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. Should City reasonably determine that Consultant has not fulfilled any services or met the timelines established in Exhibit A, City shall notify Consultant of the failure in writing of deficiencies believed to be substantially inadequate within thirty (30) days after receipt of product or performance of Services. The City, at its discretion may provide the Consultant five (5) days to cure the breach. City may withhold the accompanying payment without penalty until such time as Consultant cures the breach. In the alternative, upon Consultant's failure to meet any deadlines the City may modify the Services schedule.

Should Consultant or its representatives fail to cure the breach within five (5) days, or fail to reasonably agree to such modified schedule, City may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Consultant.

4.4 Withholding. City reserves the right to withhold future payment to Consultant if any aspect of the Consultant's work or performance of Services 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 or performance of Services.

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 3 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 (i) 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; (ii) shall give City the right to examine and audit said books and records; (iii) shall permit City to make transcripts therefrom as necessary; and (iv) 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. All original agreements, data, documents, designs, drawings, exhibits, maps, models, computer files, reports, studies, surveys, notes, and other work, materials or documents prepared or used to prepare Consultant's work product in the course of providing the Services pursuant to this Agreement shall be referred to as "Consultant Work Product". Upon completion of, or in the event of termination or suspension of this Agreement, all completed and incomplete 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, except for Consultant Work Product marked as "DRAFT" or "CONFIDENTIAL".

6. TERMINATION.

6.1 Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten (10) days prior written notice by the terminating party to the other party.

In the event of a termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

6.2 - Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure of the breaching party to correct within five ( 5) days of receiving such notice, based upon the occurrence of any of the following events:
■ Material breach of this Agreement;
■ Cessation of Consultant to be licensed, as required by applicable law; ■ 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.
4 6.3

6.4 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.

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.

7. DISPUTE RESOLUTION. If any dispute, claim or disagreement shall arise relative to the interpretation or enforcement of this Agreement, the parties shall use commercially reasonable efforts to settle the dispute, claim or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such a solution within a period of thirty (30) days, then, upon notice by either party to the other, the dispute, claim or disagreement shall be submitted to final, binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator shall have the authority to assess arbitration costs and expenses against either or both parties. The decision in the arbitration shall be binding on all parties, and judgment on any arbitration award may be entered in any court of competent jurisdiction.

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 B, which is incorporated by this reference as though set forth in full.

9. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any of its officials, employees and agents ("Indemnified Parties") from and against any and all loss, liability, claims or expense, including attorney's fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement, including but not limited to any activities associated with carrying out the agreed to Services, by Consultant or by any individual or entity for whom Consultant is legally liable, including but not limited to, officers, agents, employees, subcontractors or consultants 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 5 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 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 ofits consultants. Consultant agrees to comply with any applicable conflict of interest code.
6 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.

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
To Consultant:

Jonathan V. Leech, AICP, INCE, DUDEK
Practice Director - Environmental Technical Group
1630 San Pablo Ave Ste 300
Oakland, CA 94612
P: (805) 308-8527
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.
7 12.5 Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses, certifications, or related credentials required by law for the performance of Services described in this Agreement. Consultant represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation.

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 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. Consultant acknowledges its obligation to secure payment of Workers' Compensation before beginning work as set forth in the attached Exhibit C (together, "Acknowledgement of Workers' Compensation Obligation" and "Declaration of Exemption from Workers' Compensation") which is incorporated by this reference as though 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. 8 12.11 Force Maieure. Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

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

12.13 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 behalf of the entities indicated.

12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means.

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"
DUDEK
By:
------------
David Durflinger, City Manager
By:
------------
Jon at ha n V. Leech, AICP, INCE
Practice Director-Environmental Technical Group
9 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
10 EXHIBIT A

BASIC SERVICES TO BE PERFORMED
11 DUDEK
621 CHAPALA STFIEE1
SANTA BARBARA, CALIFORNIA 93101
T 805.963.0651 F 805.963.2074
Mr. Steve Goggia
Director, Community Development
City of Carpinteria
5775 Carpinteria Avenue
Carpinteria, CA 93013
August 15, 2022
SUBJECT: Proposal to Provide Contract Urban Planning Services carpinteria Communify Development Department
Dear Steve,
Thank you for discussing the long-range planning initiatives that are active in the Community Development Department and your need for professional urban planning assistance to continue progress on some of these initiatives as well as addressing existing workload in the Department. As we discussed, Dudek can provide personnel with appropriate experience to function as an extension of planning staff, with a level of commitment in the range of 15-20 hours per week.

As indicated during our conference call, Carolyn Groves has experience with coastal land planning and zoning issues, having been a former staff member for the California Coastal Commission in their Ventura office. As such, we believe Carolyn's experience and skills will be a good match for the City's stated urban planning needs.

Carolyn currently could devote approximately 15 hours per week to Carpinteria planning needs, with an increase to the 20-hour range by September. We therefore propose that Carolyn function as the key Dudek staff person in the delivery of planning services to the City of Carpinteria under this arrangement.

Jane Gray and Jonathan Leech would also be available in an advisory role or to assist with preparation of work products in the event deadlines dictate a more concerted effort to meet project objectives. 2022 Hourly Charge Rates
Charge rates for Carolyn, Jane, and Jonathan are identified below. Labor would be charged for time spent on completion of assigned tasks, which would be invoiced on a monthly basis. Dudek will preserve the identified charge rates for the duration of the anticipated one-year initial term of the agreement.

Table 1. Hourly Charge Rates for Key Dudek Personnel
Staff Hourly Rate
Carolyn Groves $ 155
Jane Gray $ 235
Jonathan Leech $ 265
DUDEK.COM 1
!
I
Steve Goggia
City of Carpinteria
Proposal to Provide Urban Planning Services for Community Development Department Conceptual Budget - 1 Year Contract
Assuming a commitment of 20 hours per week by Carolyn Grove for a full year, along with incidental labor effort by Jane and Jonathan in an advisory or support capacity, the table below provides a conceptual level of labor expenditure for Dudek's assistance to the Community Development Department as described herein.

Table 2. Conceptual Labor Expenditure for 1-Year Interval Staff Hourly Rate
Carolyn Groves (20 hours/week) $161,200
Jane Gray (8 hours/month) $ 22,560
Jonathan Leech (8 hours/month) $ 25,440
TOTAL CONCEPTUAL EXPENDITURE $209,200
Contingency (15%) $ 31,380
TOTAL WITH CONTINGENCY $240,580
Contracting
We assume the City of Carpinteria will generate contract documentation to address the scope of work presented in this proposal. If preferred, Dudek can provide a standard work agreement for the City's consideration.

Thank you for reaching out to Dudek to discuss the needs of the Community Development Department. We look forward to this opportunity to continue to support community planning efforts in the City.

Sincerely,
Jon than V. Leech, AICP
Senior Project Manager
cc: Jane Gray, Dudek
Carolyn Groves, Dudek

EXHIBITB

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 I (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.

When applicable, 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. 13 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M Bests rating of A- or better and a minimum financial size VII 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, consistmg 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.
14 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 renewing or new coverage must be provided to City within five days of the expiration of the coverages.

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. 15 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.
16 EXHIBITC

WORKERS' COMPENSATION REQUIREMENTS
The Consultant is required to sign and file either a statement acknowledging its obligation to secure payment of Workers' Compensation before beginning work, or a declaration confirming that as a sole proprietor consultant is exempt from Workers ' Compensation Requirements.

ACKNOWLEDGEMENT OF WORKERS' COMPENSATION OBLIGATION
I, hereby acknowledge my obligation to secure payment of Workers' Compensation before beginning work.

Consultant
By: _
Jonathan V. Leech, AICP, INCE
Practice Director-Environmental Technical Group
Dated:
17 City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 26, 2022

ITEM FOR COUNCIL CONSIDERATION
Authorize the City Manager to execute Amendment No. 3 to the Agreement with Avila & Associates, Inc. to provide hydrology and hydraulic engineering services.

STAFF RECOMMENDATION
Authorize the City Manager to execute Amendment No. 3 to the Agreement with Avila & Associates, Inc. to provide hydrology and hydraulic engineering services in the not-toexceed amount of $37,356 for a total amended amount of $240,228.

Sample Motion: I move to authorize the City Manager to execute Amendment No. 3 to the Agreement with Avila & Associates, Inc. to provide hydrology and hydraulic engineering services in the not-to-exceed amount of $37,356 for a total amended amount of $240,228.

This motion requires a roll call vote

BACKGROUND
In April 2015, the City Council authorized the City Manager to execute an Agreement with Avila & Associates, Inc. in the amount of $142,933 to provide hydrology and hydraulic engineering services, including preparing a Letter of Map Revision (LOMR) to the Flood Insurance Rate Map (FIRM) for Carpinteria Creek and Franklin Creek.

In October 2019, the City Council authorized the City Manager to execute Amendment No. 1 to the Agreement in the amount of $59,939. In March 2020, the City Manager executed Amendment No. 2 to the Agreement for time extension. No additional compensation was associated with Amendment No. 2. This additional consultant work was required in order to support the City's response to an appeal of the LOMR filed by the Carpinteria Sanitary District.

The purpose of this agenda item is to authorize the City Manager to execute Amendment No. 3 to the Agreement with Avila & Associates, Inc. to provide hydraulic Amendment No. 3 to the Agreement with Avila & Associates, Inc.

September 26, 2022

analysis services for Carpinteria Creek, Franklin Creek, and Santa Monica Creek in the not-to-exceed amount of $37,356 for a total amended amount of $240,228.

DISCUSSION
In 2017, Avila & Associates, Inc. submitted the LOMR on behalf of the City to the Federal Emergency Management Agency (FEMA). In August 2018, an appeal of the LOMR was filed by the Carpinteria Sanitary District. In August 2019, FEMA upheld the appeal and issued a Resolution Letter. In September 2019, staff met with the General Manager of the Carpinteria Sanitary District in order to discuss an alternative resolution for the LOMR. The City filed a letter of response to FEMA in order to formally comply with the Resolution Letter's instructions. This action by the City provided more time for the City and Carpinteria Sanitary District to find a mutually agreeable approach to key assumptions used in the hydraulic modeling of the LOMR.

In 2020, FEMA initiated a restudy of the Carpinteria and Montecito watersheds. Due to the restudy, the City's LOMR, including the appeal process, were suspended because the FEMA restudy potentially could affect the outcome of the City's LOMR. For example, parcels removed from the Special Flood Hazard Area (SFHA) in the LOMR may revert to a SFHA in the FEMA restudy.

Projects that are potentially affected by the FEMA restudy include the City's Carpinteria Avenue Bridge Replacement Project and Eighth Street Pedestrian Bridge, and the California Department of Transportation's Highway 101 bridges over Carpinteria Creek, Franklin Creek, and Santa Monica Creek. The outcome of the FEMA restudy will determine if/how the respective LOMR's for each of these projects is finalized.

Finally, the City's Property Owner Financial Assistance Program is dependent on the LOMR. The Property Owner Financial Assistance Program allows for property owners to apply for funds in order to assist in expenses related to removing a property from a floodplain through the FEMA Elevation Certificate process 1 .

The FEMA restudy is still in progress. FEMA is aware of and has acquired engineering studies and other technical data concerning the City's Carpinteria/Franklin Creeks LOMR, the Carpinteria Sanitary District's appeal, and the various project-related LOMRs. FEMA is involving the City in the restudy process, including the review of the technical information being used. The City and Carpinteria Sanitary District are still collaborating towards an alternative resolution to the LOMR. 1 In accordance with the conditions of approval in the Conditional Use Permit/Coastal Development Permit (CUP/CDP) of the Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension Project, the California Department of Transportation is obligated to pay all City and all property owner costs for the preparation and filing of Flood Determination Letters and Elevation Certificates for all properties that are affected by the resultant change in the pre-project flood insurance rate map. (Resolution No. 5632, Project 09-1522-CUP/CDP)
Amendment No. 3 to the Agreement with Avila & Associates, Inc.

September 26, 2022

The proposed Agreement, as shown in Attachment A, with Avila & Associates, Inc. is for continuing the hydrology and hydraulic engineering services necessary to support the City's update of the LOMR after the FEMA restudy.

POLICY CONSISTENCY
The recommendation may be found consistent with Objective S-4 of the Safety Element in the General Plan and Local Land Use Coastal Plan in regards to minimizing the potential risks of loss of life, property damage, and economic and social dislocations resulting from flooding.

FINANCIAL CONSIDERATIONS
Pursuant to the City's conditions of approval in the Conditional Use Permit/Coastal Development Permit (CUP/CDP) for the Linden Avenue and Casitas Pass Road Interchanges and Via Real Extension Project (Resolution No. 5632, Project 09-1522- CUP/CDP), the California Department of Transportation (Caltrans) is obligated to reimburse the City for expenses associated with the City's LOMR. Since the LOMR is not yet complete, Caltrans is still obligated to reimburse the City pursuant to the conditions of approval in the CUP/CDP. To date, the City did receive a total reimbursement of approximately $202,800 from Caltrans for the expenses of the hydrology and hydraulic engineering services by Avila & Associates, Inc.

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. 3 to the Agreement with Avila & Associates, Inc. to provide hydrology and hydraulic engineering services in the not-to-exceed amount of $37,356, for a total amended amount of $240,228. (Staff recommendation)

2. Direct changes to the proposed Agreement.

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

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

ATTACHMENTS
Attachment A: Amendment No. 3
Amendment No. 3 to the Agreement with Avila & Associates, Inc.

September 26, 2022

Staff contact:

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. 3 to Agreement

THIS PAGE INTENTIONALLY LEFT BLANK

CITY OF CARPINTERIA

THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Second Amendment between the City of Carpinteria, a municipal corporation ("City") and Avila and Associates, Inc. ("Consultant") for consulting engineering services for the Highway 101 Linden and Casitas Pass Project is made and effective as of the 26th day of September, 2022. This Amendment is made a part of the original Agreement for Consultant Services in the amount of $142,933.00 dated April 27, 2015. This amendment is for $37,356.00 (see Attachment A-3) and the amended total of the Agreement is $240,228.00. This Amendment extends the term of the original Agreement to June 30, 2023.

Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

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"
Avila and Associates, Inc.

By: _
David Durflinger, City Manager
By: _
Cathy Avila, P .E.

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
ATTACHMENT A-3
2 PRINCIPALS
CATHERINE M.C. AVILA, P.E.

ERNESTO A. AVILA, P.E.

AVILA AND ASSOCIATES
CONSULTING ENGINEERS, INC.
712 BANCROrT ROAD, SUITE 333
WALNUT CREEK, CALirORNIA 94598

TELEPHONE
(925) 673-0549
rACSIMILE
(925) 673-0509
August 10, 2022
John L. Ilasin, P.E.

Public Works Director/City Engineer City of Carpinteria 5775 Carpinteria Ave.

Carpinteria, CA 93013
Subject: Request for Additional Services
Dear Mr. Ilasin:

Avila and Associates Consulting Engineers, Inc. (Avila) appreciates the opportunity to provide you with this letter proposal to provide technical assistance and coordination for the City of Carpinteria, Federal Emergency Management Agency (through STARR II) and the Carpinteria Sanitary District to review HECRAS models and provide property owner information. Described below are the anticipated project tasks to be performed by Avila.

Task 1 Review of STARR II HEC-RAS Models
Avila will review HEC-RAS models provided by STARR II for Carpinteria Creek, Franklin Creek and Santa Monica Creek. Based upon the modeling, Avila will provide comments to STARR II and provide the City of Carpinteria with model results, suggested comments to FEMA, and GIS information including property owners affected by the model results.

Deliverables: Property owner information and modeling results via Technical Memorandum and/oremail coordination. Presentations (as needed) to the City and City Manager.

Assumptions: All correspondence will be submitted digitally; no hard copies will be prepared.

Task 2. Meetings and Coordination
At the direction of the City of Carpinteria, coordinate with the Carpinteria Sanitary District, FEMA and STARR II.

Deliverables: Meeting minutes
Assumptions: One in-person meeting and up to three virtual meetings. All correspondence will be submitted digitally; no hard copies will be prepared
Task 3. Project Management
Avila will complete project management for the project including invoice preparation updating project scope and schedule.

Should you have any questions regarding this proposal, please feel free to contact me at (925) 673-0549 or e-mail at [email protected].

Very truly yours,
Avila and Associates Consulting Engineers, Inc.

Catherine M.C. Avila, P. E.

Principal
Attachment: Cost Estimate
Exhibit B: Cost Proposal:

Carpinteria Creek, Santa Monica and Franklin Creek Proj Mgr Senior Associate Avila Staff Other Direct Review and Coordination (eng) Engineer Engineer Labor Costs Total Cathy A Remington Callahan Subtotal (ODCs)
Rate ($/hr) $219.70 $158.94 $124.18
HEC-RAS modeling review for Carpinteria Creek/Santa Monica and 1 Franklin Creek
Review Final Carpinteria Creek FEMA modeling including

1.1 Floodway modeling 4 2 8 $2,190 $2,190

1.2 Provide affected property owner information 4 2 12 $2,687 $2,687

1.3 Review Franklin Creek FEMA modeling 8 2 12 $3,566 $3,566

1.4 Provide affected property owner information 6 2 16 $3,623 $3,623

1.5 Review Santa Monica Creek FEMA modeling 2 2 6 $1,502 $1,502

1.6 Provide affected property owner information 2 2 4 $1,254 $1,254 Subtotal (Task 1) $14,822
2 Meetings and Coordinations

2.1 Coordinate with Carpinteria Sanitary District 12 2 8 $3,948 $3,948

2.2 Attend one in-person meeting, including meeting preparation 12 4 $3,133 $3,133

2.3 Attend 3 virtual meeting, including meeting preparation 18 6 $4,700 $4,700

2.4 Coordinate with STARR II and the City of Carpinteria 24 8 $6,266 $6,266 Subtotal (Task 2) $18,046
3 Project Management/Escalation/ODCs

3.1 Project Management 12 0 4 $3,133 $3,133

3.2 Escalation $599 $599

3.3 ODCs (mileage) $756 $756
Subtotal (Task 3) $4,488
Grand Total: 104 14 88 $36,001 $1,355 $37,356
Original Fee (April 27, 2015)
Amendment #1 (October 28, 2019)
Amendment #2 (August 10, 2022)
$142,933
$59,939
$37,356
$240,228
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
September 26, 2022

ITEM FOR COUNCIL CONSIDERATION
Authorize the City Manager to execute Amendment No. 1 to the Agreement with CPS HR Consulting (A2022-009) to provide recruitment and selection services, and Amendment No.1 to the Agreement with Regional Government Services (A2022-016) to provide general human resources support services.

STAFF RECOMMENDATION

1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with CPS HR Consulting (A2022-009) to provide recruitment and selection services in the not-to-exceed amount of $60,000 for a total amended amount of $90,000; and Amendment No. 1 to the Agreement with Regional Government Services (A2022-016) to provide general human resources support services in the not-toexceed amount of $130,000 for a total amended amount of $160,000.

2. Approve an appropriation of $190,000 from the General Fund available balance ($590, 137) for the purpose of recruitment and selection services, and general human resources support services.

Sample Motion: I move to:

1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with CPS HR Consulting to provide recruitment and selection services in the not-toexceed amount of $60,000 for a total amended amount of $90,000; and Amendment No. 1 to the Agreement with Regional Government Services to provide general human resources support services in the not-to-exceed amount of $130,000 for a total amended amount of $160,000.

2. Approve an appropriation of $190,000 from the General Fund available balance ($590,137) for the purpose of recruitment and selection services, and general human resources support services.

This motion requires a roll call vote
Amendment No. 1 to the Agreements with CPS HR Consulting and RGS September 26, 2022

BACKGROUND
On March 7, 2022, per section 2.08.150 of the Carpinteria Municipal Code 1, the City Manager executed an agreement with CPS HR Consulting in the amount of $30,000 to provide recruitment and selection services (Attachment A.) Since this time, CPS HR has assisted, or is currently assisting, with the City's Accounting Specialist, Engineering Technician, Civil Engineer, and Finance Manager recruitments. Upcoming recruitments include Executive AssistanUDeputy City Clerk, Human Resources/Risk Manager, and two Management Analyst positions.

The purpose of this agenda item is to authorize the City Manager to execute Amendment No. 1 to the agreement with CPS HR Consulting to provide support with current and future recruitments through the end of the fiscal year, in the not-to-exceed amount of $60,000.

On July 28, 2022, per section 2.08.150 of the Carpinteria Municipal Code, the City Manager executed an agreement with Regional Government Services (RGS) in the amount of $30,000 to provide general human resources (HR) support services (Attachment B.) Since this time, the City's HR/Risk Manager position was vacated and the City is in need of more long-term support until the position can be reassessed and/or filled.

The purpose of this agenda item is to authorize the City Manager to execute Amendment No. 1 to the agreement with RGS to provide continued general HR support services through the end of the fiscal year, in the not-to-exceed amount of $130,000.

DISCUSSION
There are several vacancies within the City, including the HR/Risk Manager position.

Currently, the Assistant City Manager is the acting HR/Risk Manager and, while necessary, the additional HR duties have reduced his available time to spend on previously assigned projects and management responsibilities. The City does employ one HR Assistant and this employee has been vital to maintaining continuity of service; however, this position is only part-time. Continued support from CPS HR Consulting to help fill position vacancies, and RGS to provide general support, is critical to all facets of City operations as vacancies have a rippling affect on the remaining staff who must assist with additional tasks and duties. In addition, general HR support is an extremely important internal customer service function as the City assists current employees with issues such as worker's compensation, open enrollment, COVID protocols, and so on.

The original Agreements, shown as Attachment A and B, outline the respective consultant's scope of services. The scope of services for each consultant will remain unchanged; however, the term of the agreements will be extended through June 30, 2023, and the contract amounts will be increased by the specified amounts in the background section above.
1 Carpinteria Municipal Code 2.08.150 - Authority to sign written contracts, draw warrants on the city treasury, sign instruments requiring city seal. I Code of Ordinances I Carpinteria, CA I Municode Library Amendment No. 1 to the Agreements with CPS HR Consulting and RGS September 26, 2022

POLICY CONSISTENCY
The recommendations may be found consistent with the City's 2022 Annual Work Plan under the General Government Program: Staff Recruitment & Retention.

FINANCIAL CONSIDERATIONS
Approval of this action would require an appropriation for Professional Services in Account No. 101-141-5201 from the General Fund available fund balance of $590,137 (Budget FY 2023.)

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed and approved the Consultant Services Agreement for CPS HR Consulting as to form. In addition, the City Attorney reviewed the RGS agreement and made recommendations incorporated by RGS prior to execution. The amendments include no change to the existing agreement language other than to the length of the terms and compensation amounts.

OPTIONS

1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with CPS HR Consulting (A2022-009) to provide recruitment and selection services in the not-to-exceed amount of $60,000 for a total amended amount of $90,000; and Amendment No. 1 to the Agreement with Regional Government Services (A2022-016) to provide general human resources support services in the not-toexceed amount of $130,000 for a total amended amount of $160,000. (Staff recommendation)

2. Direct changes to the proposed Amendments.

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

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

ATTACHMENTS
Attachment A:

Attachment B:

CPS HR Consulting Agreement (A2022-009)
RGS Agreement (A2022-016)
Amendment No. 1 to the Agreements with CPS HR Consulting and RGS September 26, 2022
Page4
Staff contact:

Michael Ramirez, Assistant City Manager
(805) 755-4450; [email protected]
Reviewed by:

Dave Durflinger, City Manager
(805) 755-4400; [email protected]
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ATTACHMENT A
CPS HR Consulting Agreement

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AGREEMENT FOR CONSULT ANT SERVICES
THIS AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is made and effective as of the 7
th of March, 2022 by and between the City of Carpinteria, a municipal corporation ("City"), and CPS HR Consulting ("Consultant") (collectively, the "Parties") at Sacramento, 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:

I. SERVICES.

1.1 1.2
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.

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 31
st of December, 2022; 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 Thirty Thousand ($30,000) 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.

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 2 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 ofreceipt 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, notes, 3 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.

Consultant retains all right, title, and interest in and to all training materials, testing or assessment products, inventions (patentable or otherwise), discoveries, improvements, copyrightable works, and any other media, materials, or other objects ("Pre-Existing Materials") which existed prior to the commencement of this Agreement. Additionally, City will be responsible for complying with the terms and conditions of the Test Rental Agreement included herein as Exhibit F.

6. TERMINATION.

6.1 Termination Without Cause. This Agreement may be terminated by either party for any reason upon ten ( 10) days prior written notice by the terminating party to the other party.

In the event ofa termination, the date of termination shall be deemed to be the first business day occurring after the expiration of the notice period. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

6.2 Termination With Cause. Either party may terminate this Agreement with cause, effective immediately upon written notice of such termination to the other party and failure of the breaching party to correct within five (5) days ofreceiving 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 4 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.

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. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any of its officials, employees and agents ("Indemnified Parties") from and against any Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for whom Consultant is legally liable, including but not limited to, officers, agents, employees, subcontractors or consultants 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 5 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.
l 0.2 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 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.

I 1.1 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 6 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 ofits 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.

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 al I 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 A venue
Carpinteria, CA 93013-2698
P: (805) 684-5405
F: (805) 684-5304
To Consultant:

Victoria Quintero Brashear
CPS HR Consulting
2450 Del Paso Road, Ste 160
Sacramento, CA 95834
P: (916) 471-3481
[email protected]
7 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 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 8 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 ofa 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 Maieure. Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

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

12.13 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. I 4 Authorization. All officers and individuals executing this and other documents on behalf of the respective parties hereby certify and warrant that they have the capacity and have been duly authorized to execute said documents on behalf of the entities indicated.

12.15 Entire Agreement. This Agreement, along with its attached exhibits, which are incorporated herein by this reference, constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. This Agreement may be altered, amended or modified only by a supplemental writing executed by the parties to this Agreement and by no other means.

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.
9 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''
CPS HR Consulting
By:,~ MA.~~i);)v'g.Jobf-l~
SandyMa2&; aid-Hopp, ChiefFinancial Officer
10 EXHIBIT A

TASKS TO BE PERFORMED
The City of Carpinteria is seeking recruitment and selection services for a variety of positions from entry to mid-management on an as needed bases. CPS HR has uniquely qualified staff to perform these services for the City. Additionally, our team is experienced with the City's applicant tracking system, NEOGOV. Our team will work in collaboration with the City to perform the following tasks for each recruitment effort:
• Discuss and develop recruitment plan with the human resources or hiring manager. • Use of the City's applicant tracking system (Applicant Pro/ NEOGOV) to manage the recruitment process.
• Create and post standard job announcement.
• Develop recruitment brochure/electronic flipbook inclusive of photos when requested. • Conduct active and passive outreach efforts for hard-to-fill positions when requested. • Research and place advertisements for hard-to-fill positions when requested. • Screen applications against minimum qualifications.
• Develop supplemental application questions and rating criteria, if requested. • Score supplemental questions, if requested.
• Coordinate candidate communication and candidate correspondence. • Selection of appropriate written exam, if requested. (See Written Exams section below) • Facilitate inviting and scheduling candidates for the oral exam. • Develop oral exam (Questions and Rating Criteria).
• Facilitate oral exam administration.
• Assumes Consultant will provide panel orientation and facilitate oral. City will select panelists for purposes of rating/evaluating the candidates. • Develop hiring interview questions.
• Facilitate inviting and scheduling candidates for hiring interviews. • Generate list certification.

Additionally, CPS HR has the expertise to collaborate with the City to ensure the City is using all appropriate functionality of their applicant tracking system, NEOGOV. CPS HR can perform the following tasks:
• Partner with the City to provide guidance and training to key stakeholders on the City's online applicant tracking system, NEOGOV, with emphasis on setting up all functions including requisition, exam plans, and online hiring center (OHC) in accordance with the City's current recruitment and selection processes. Tasks include:
• Consulting with City stakeholders to discuss deliverables. • Customize applicable fields, workflows, settings, candidate communication, and other related areas of NEOGOV, as needed.
• Training City stakeholders on the functionality of NEOGOV. 11 • Develop a written applicant tracking system manual applicable to Insight, tailored to the City's current process and procedures.
• Develop a written applicant tracking system manual applicable to OHC, tailored to the City's current processes and procedures.
• Deliver live and recorded trainings to City stakeholders, inclusive of hiring managers and other end users, with a step by step and tailored approach to address both the Insight and OHC sides of NEOGOV.
• Coordinate the implementation of the OnBoarding module in NEOGOV.

Written Examinations
CPS HR offers numerous cognitive, written exams that are used by cities, counties, and states nationwide.

CPS HR goes to great lengths to ensure the integrity and quality of our testing products, and each of our tests is designed to help identify those candidates who will perform at the highest level in the job.

CPS HR can accommodate test development/rental processes that include stock (off-the-shelf) exams, semi-stock exams (that include any combination of our stock exams), or custom exams (which may include new item development and/or other City-specific content) to meet the needs of the classification being tested.

CPS HR's test rental catalog offers more than 50 types of multiple-choice entry-level and promotional employment testing products for a wide range of public agency positions including public safety (i.e., fire and law enforcement), clerical, professional, skilled trades, and other paraprofessional positions. A more in-depth description of each of our different formats is below.

1. Stock exam -A standardized, off-the-shelf exam for a specific job position.

2. Semi-stock exam - Developed from items selected by Subject Matter Experts (SM Es) from two or more stock exams or from items from specialized item sets.

3. Custom exam - Exam created from existing items in the extensive CPS HR item bank or written specifically for the appropriate position. Custom items can be written from District-specific policies and procedures.
12 Written Examination Pricing
STOCK SEMl•STOCK CUSTOM

TESTS TESTS I TESTS
Base Fee (per order) t $295.00 $595.00 $995.00
1-100 Candidates (per candidate) $9.00 $14.00 $15.00
101-500 Candidates (per candidate) $8.50 $13.00 $14.00
501+ Candidates (per candidate) $8.00 $12.00 $13.00
New Item Writing/Entry N/A N/A $35.00 (per item)
Pick Up/Handling 5% 5% 5%
Standard Shipping/Handling** 10% 10% 10%
Expedited Shipping/Handling 0 15% 15% 15%
Premium Shipping/Handling** 20% 20% 20%
Our approach includes providing high-level human resources expertise, advice, consultation, and services to assure appropriate research, analysis, and professional human resource perspectives are applied for all assigned duties and responsibilities. We will be proactive in the performance of our duties and work collaboratively with the City.

Classification and Compensation Services
CPS HR has previously completed a Total Compensation Study for the City. The City will utilize Classification and Compensation Services, if it chooses to do so, on classifications not part of the original study. The methodologies classification studies, as well as base compensation services are outlined below. Using a similar methodology to what is outlined below, CPS HR is also available to review, revise, and/or develop classification specifications, as needed.

Classification Study Methodology
Task 1- Receive and Review Background Material and Initial Project Meeting. Upon contract execution, CPS HR will gather the following background information: (i) Organizational charts depicting organizational structure and report relationships; (ii) Classification Specification (preferably in MS Word format); (iii) Relevant Policies and Procedures; (iv) Memorandums of Understanding (MOUs); and (v) Past Classification Studies (if applicable).

The CPS HR Consultant will meet with the City's Internal Project Manager to initiate the project by confirming study goals, objectives, tasks to be performed, and methodologies.

Task 2 - Develop Job Evaluation Tools. CPS HR will develop tools to ensure valid information is gathered, analyzed, and documented consistently from the incumbent regarding their duties and responsibilities. This activity includes finalizing a Position Description Questionnaire (PDQ) for approval by the City, unless the City has a pre-established PDQ, they prefer to use. Our PDQ is in English, in an MS Word and/or PDF 13 format, and can be completed electronically. It is assumed that ADA, FLSA, and Working Conditions questions will not be included as a part of the PDQ.

Task 3- Conduct Orientation/Training Sessions. The CPS HR Consultant will conduct online orientations with the incumbents and their supervisor/manager, if requested by the City. The purpose of the orientation sessions are to (i) communicate study goals, methodology, and processes; (ii) provide the PDQ and explain how the document should be completed; (iii) explain the role of employee, supervisor, and manager in the study; and (iv) respond to employee questions regarding the study process.

These tasks and processes are critical in gaining employee understanding, trust, and acceptance of the study. Where possible, we encourage human resources staff to attend the meeting to familiarize themselves with employee questions and the responses to those questions.

Task 4 - PDQ Completion, Review of PDQ and Preparation for Job Evaluation Interviews. Each incumbent will have the opportunity to provide information about the duties and responsibilities noted in the job specification, duties not covered in the job specification, and minimum qualifications. The incumbent's supervisor will then review the collected data to ensure that the incumbent has accurately and sufficiently captured all pertinent information on job context and work output. CPS HR typically allows two-three weeks for PDQ completion and submission dependent on the size of the study.

The CPS HR Consultant will thoroughly review the PDQs to obtain an understanding of the duties and responsibilities assigned to each position after the supervisor has reviewed and evaluated the content. Job evaluation interview questions for the study employees will be developed based upon the results of the documentation review.

The CPS HR Consultant will coordinate with the City's designated staff member to coordinate the job evaluation interview schedule with CPS HR and the study employee, notifying the employee of their allotted time and date, and reserving any conference rooms, if applicable.

Task 5 - Conduct Job Evaluation Interviews. In addition to the PDQ, a job evaluation interview will be conducted with the employees to ensure the CPS HR has a complete understanding of the duties and responsibilities assigned to each incumbent. An interview with the incumbents' direct supervisor will also be held to further clarify information documented on the PDQ of their subordinate employee. Optionally, an additional interview may occur with a higher-level manager, if needed or requested by the City. For planning purposes, the individual interview is approximately 60 minutes, and the supervisor or manager interviews range from 45 minutes to one hour. These interviews will be held remotely via conference call (video enabled, if preferred).

Task 6 -Analyze Classification Data and Prepare, Submit, and Present Draft Classification Reports. The CPS HR Consultant will analyze all information collected from the incumbents and their supervisor/managers to identify the job level, scope, typical duties, requisite knowledge, skills, abilities, and other job-related characteristics of the position.
14 The CPS HR Consultant will prepare a Preliminary Classification Report, and will include the methodology, findings, and allocation recommendations. CPS HR will facilitate an online meeting with the Human Resources Department to discuss the classification findings.

Task 7 - Revise and/or Develop Classification Specifications (Optional, and as Applicable). Once the City has approved the classification study findings, the classification specification will be revised, if needed. If needed and at the request of the City, CPS HR may draft a classification specification(s). It is assumed that CPS HR will not include ADA, FLSA, or working conditions related matters as a part of the review, analysis, and/or recommendations.

Task 8 - Prepare, Submit, and Present Final Classification Report. CPS HR will research any comments and issues raised during the review of the Draft Classification Report. Once these have been resolved, CPS HR will prepare and submit the Final Classification Report to the Human Resources Department. The City will be responsible for approving and implementing classification specification content changes through their standard process, including any necessary notifications to the employees, employee representatives, or their Human Resources Department. CPS HR will facilitate an online meeting with Human Resources to discuss the classification findings, if requested.

Base Pav Compensation Study Methodology
CPS HR has previously completed a Total Compensation Study for the City. The City will utilize Classification and Compensation Services, if it chooses to do so, on classifications not part of the original study. The compensation study outlined in this section is intended to define all tasks within the base salary study from labor market selection to final reports, and the types of deliverables associated with the task.

Task 1- Review the County's Background Materials. Upon contract execution, CPS HR will request background information from the City to ensure our Project Manager and the CPS HR Project Team is prepared for initial meetings. Background information to be requested may include the following:
• Compensation philosophy and strategy
• Salary schedules
• Organization charts depicting organizational structure and reporting • Classification specifications
• Budget information
• Memorandums of Understanding (MOUs)
• Compensation policies and procedures
• Past classification/compensation studies
• Mission, Vision, and Value Statements of the City
The CPS HR Project Manager will coordinate activities through, and report to, the City's Internal Project Manager and other designated key stakeholders.
15 Task 2 - Initial Project Meeting/Labor Market Agency Discussions. The CPS HR Project Team will meet with the City's Internal Project Manager and any other designated stakeholders to discuss the study methodologies, deliverables, timelines, communication, and data collection methods. The CPS HR Project Team will determine the City's compensation philosophy in this meeting to obtain direction and consensus.

Additionally, the CPS HR Project Team will be available to conduct a meeting with these key stakeholders to discuss the following elements of compensation policy:
• Labor Market Agency Selection - For this project, it is assumed that the City has already identified the labor market agencies against which data will be compared.

Additional workshop topics include:
o Labor market position (i.e., median, mean, or other percentile) o Discussion of the benchmark classification selected for this project.

Task 3 - Design and Develop Data Spreadsheets/Review and Analyze Labor Market Survey Data. CPS HR begins labor market data collection by researching available information on line to make preliminary classification matches. The CPS HR Project Team will reach out to labor market agencies to confirm and/or complete survey data, when needed. Once CPS HR has completed our survey analysis tasks, the CPS HR Project Manager will audit the final data as part of our quality review process.

Classification matching includes reviewing agency background materials such as copies of classification specifications, organization charts, staffing information, and other useful materials to substantiate the accuracy of the comparability of the matches.

To determine whether a match from a labor market agency is comparable to the City's benchmark, CPS HR utilizes a whole job analysis methodology; this commonly used methodology analyzes the job as a whole, rather than by individual factors, by evaluating the core duties and responsibilities, the nature and level of work performed, and the minimum qualifications to determine whether the classification is comparable enough to be utilized as a match. The methodology recognizes slight differences in duties assigned to matches from other labor market agencies which do not impact the type, nature, and level of work performed. Matches should not be so broad that they include classifications performing dissimilar work, or work done at a higher or lower level, but they also should not be so narrow that they exclude matches doing comparable work, with slight differences in work that do not change the level and nature of work.

CPS HR will develop an individual data sheet for the survey classification that presents the comparable classification used in each agency with the relevant data associated with that classification, such as labor market and salary range minimum and maximum.

The labor market data analyses will be conducted based upon the labor market position affirmed within The City's compensation philosophy (e.g., median, mean, or other percentile). Each comparable match for each survey classification is reported in the relevant data sheet for full disclosure and review by others. We find this level of transparency in matching provides for a better understanding and acceptance of study results.
16 Task 4- Prepare and Submit Draft Compensation Report. The CPS HR Project Team will develop a Draft Compensation Report detailing the results of the labor market survey. This draft report will comprise the following:
• Scope of the study
• List of labor market agencies (provided by the City)
• Labor market data analysis/methodologies
• Results of the base salary survey
The CPS HR Project Team will meet with the City's Internal Project Manager to discuss the Draft Compensation Report and to respond to any questions, comments, or concerns on the report.

Task 5 - Research and Resolve Issues/Prepare and Submit the Final Compensation Report. Based upon the City's review ofthe Draft Compensation Report, the CPS HR Project Team will follow-up and resolve any outstanding compensation issues. CPS HR will submit the findings to the City's Internal Project Manager and respond to any questions about the study.
17 EXI-llBITB

PAYMENT SCHEDULE
1 Proposal to City of Carpinteria
Recruitment, Selection, Classification, and Compensation Services Pricing Summary and Billing Terms
CPS HR proposes a time and materials pricing model this scope of work. CPS HR's project team will work remotely to perform these recruitment and selections servicesfor the City. CPS HR recommends a not-to- eKceed amount of $30,000 to provide services from the execution of a contract through the end of the calendar year ending on December 31, 2022. An hourly rate for this level of work ranges from $105 to $150 based onthe staffing level required. CPS HR will invoice the City on a monthly basis.

Project Manager $150/hour
Principal Consultant $135/hour
Senior Consultant $125/0hour
Administrative Support $105/hour
Travel expenses such as mileage or parking will be billed at the standard IRS rates. Actual out- ofpocket reimbursable expenses for such items as advertising, printing/copying, postage/delivery charges, and related fees, if paid by CPS HR, will be billed directly to the City foractual expenses incurred.

CPS HR is open to discussing alternative work plans which may alter the cost of the project. The methods, approach, and tirnelines described in this proposal, as well as the cost estimate, have been prepared as accurately as possible based upon the services requested .and objectives described in the information provided to CPS HR. The cost reflects the steps and time necessary to conduct the services in a sound, thorough, and sustainable manner. If changes or additional services are required, we will be happy to discuss changes to the project activities, schedule, and/or cost estimates.
18 EXHIBITC

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant 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 ofinsurance 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 19 "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.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of 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 ofany 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.
20 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.

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. l 0. 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.
l l. 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. 21 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.

Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

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.
22 EXIIlB ITD

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.
23 ACKNOWLEDGEMENT OF WORKERS' COMPENSATION OBLIGATION
I, Sandy MacDonald-Hopp, hereby acknowledge my obligation to secure payment of Workers' Compensation before beginning work.

CPS HR Consulting
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24 EXHIBITE

RESOLUTION OF CONSTRUCTION CLAIMS
The following pertains to Public Contract Code Sections 20104 through 20 l 04.6 (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 l 0240) of Chapter l of Part 2.

3. "Public work" means "public works contract" as defined in Section 110 I 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 public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or ( c) an amount the payment of which is disputed by the local agency.

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. ( l) For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant.
25 (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 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.
c. (I) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. (3) The 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. Ifthe 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 ofreceipt 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 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. 26 The following procedures are established for all civil actions filed to resolve claims subject to this article:

8. Within 60 days, but no earlier than 30 days, following the tiling 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 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 fai I to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.

9. (a) If the 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 Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Patt 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 oflaw, 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 parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or experises 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.

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

14. Pursuant to California Public Contract Code Section 7201, the City may not retain greater than five (5%) percent of contract price.
27 Exhibit F

TEST RENTAL AND USE AGREEMENT
This Test Rental and Use Agreement ("Agreement") is by and between Cooperative Personnel Services, dba CPS HR Consulting, a California Joint Powers Authority ("CPS HR") and the Agency or Organization named in the signature block at the end of the Agreement ("Client").

A. Purpose. This Agreement defines CPS HR test rental,
use and security policies and procedures.

CPS HR develops and rents tests for a number of
purposes and in a number of formats (including but not
limited to print and electronic media). For that reason, some of the below paragraphs apply under certain
circumstances. But, unless specifically limited, each
paragraph applies to all testing purposes and formats.

B. Ownership of CPS HR Tests.

1. CPS HR owns all rights, title and interest, including copyrights, in all tests provided under this
Agreement. They are the property of CPS HR and
shall remain the property of CPS HR, even while in
the custody of Client.

2. Additionally, tests that have been constructed or
modified based on information provided by the client
shall not be considered works made for hire, as that
term is defined under U.S. Copyright Law. CPS HR
shall own all rights, title and interest, including the copyright, in any test it creates for the Client.

3. Ownership of tests specifically developed for a client and of individual test questions supplied by Client, if any, shall be governed by a separate Agreement
between CPS HR and Client.

C. Test Materials. Test Materials consist of all used and unused test booklets, proctors instructions, proctors
manuals, scoring instructions, key sheets, key overlays, keyed booklets, scoring keys, Instructions, CDs (for oral tests), and any other materials generated at the test
administration, such as completed answer sheets (if
applicable), scratch paper, note paper and the like.

D. Test Security. CPS HR security standards are designed to protect the mutual interests of all Clients that use Test Materials as well as the interests of applicants who take CPS HR tests. In order that no person may gain special
advantage by having improper access to the material, all users must sign this Agreement and agree to fulfill its terms, before the Agreement is effective.

1. Client agrees to take all reasonable and diligent
steps to keep CPS HR tests, sample tests, and
testing processes confidential and free from
unauthorized access and use. This includes, but is
not limited to, client agreeing not to divulge, convey, copy in whole or part, duplicate, convert to another
format or medium, or otherwise disseminate tests,
portions of tests, or test materials.

2. For on-line tests, client further agrees to take all reasonable and diligent steps to prevent any
modification to or reverse engineering of the testing
software, and any transfer, storage or dissemination
of tests or testing software and data on any storage
medium or computer server other than those
specifically authorized by CPS HR.

3. Should Client suspect any breach of test security,
Client agrees to immediately notify CPS HR and
immediately take all steps necessary to preserve
evidence of or related to the breach, whether
physical or electronic.

E. Test Review, Ordering and Administration.

1. Review Copies. Review of CPS HR tests, regardless
of format, is subject to the test security standards.
(a) Test Rental Division: To help in deciding
whether to rent exams, Client may review CPS
HR stock tests and other stock test materials
free of charge (e.g., stock supplements,
structured interview packages, and specialized
item sets).
(b) SLPP: CPS HR does not offer review copies of
the Spanish Language Proficiency Program
(SLPP) tests. However, for new clients, CPS
HR can provide a sample written test booklet
showing the different components of the test.
(c) On-line Testing: To help in deciding whether
to utilize on-line testing, Client may review
sample on-line tests free of charge.

2. Ordering Testing Materials and Scheduling of
Examinations.
(a) Test Rental Division:
(i) To ensure materials are received in time,
Client must notify CPS HR at least 1 O
business days prior to the test date of the
total number of candidates in each job
classification to be tested. If orders are
placed less than 10-business-days prior to
the test date, rush shipment charges may
apply and timely delivery cannot be
guaranteed.
(ii) Client shall rent one test booklet per
candidate to be tested. CPS HR shall
provide Client with Test Materials including
instructions for administering the test.
sufficient test booklets and any other
material CPS HR deems necessary.
(b) On-line Testing:
(i) To ensure Client equipment is functioning
and capable of administering on-line
testing, Client must request testing from
CPS HR at least 10 business days prior to
the test date on the first time Client utilizes
on-line testing. After Client has successfully
used on-line testing, 5 working days notice
is normally sufficient for subsequent testing.
(ii) Client recognizes that CPS HR has no
control over the functioning of the internet,
and any problems with on-line testing due
to the failure thereof are not attributable to
CPS HR.
- 1 -
2022 • 2024 CPS HR - TR 2 Year Agreement
Client Initials _

3. After the test date.
(a) Test Rental Division:
(i) Within 1 O business days of the test date,
Client shall return to CPS HR all Test
Materials including all materials provided by
CPS HR for the test administration.
(ii) Client shall not reuse printed tests on the
test date or on any other date but shall
return Test Materials to CPS HR, whether
or not the test was administered.
(b) On-line Testing:
(i) After the scheduled test date(s), CPS HR
will suspend access to the on-line test site.
(ii) Within 10 business days of the test date,
Client shall destroy all CPS HR Test
Materials including scratch paper and note
paper in a way that make the materials
unrecoverable.

F. Billing, Pricing, and Payment.

1. CPS HR shall bill Client at the billing address
provided in Exhibit A, unless notified in writing of a
new billing address.

2. The bill shall be derived from the most current
applicable Rate Sheet (s): Exhibit B for Test Rental,
Exhibit C for Special Services, Exhibit D for Online
Skills, and Exhibit E for Personality. Client
acknowledges and understands that the Test Price
List(s) are only effective as of the date shown each of them and are subject to change.

3. Client shall be billed for any work done on a canceled or postponed test up to the time CPS HR is notified
of such cancellation or postponement. Under certain
circumstances, and in CPS HR's sole discretion,
credit may be given for work already performed if the
test is rescheduled.

4. CPS HR may charge Client for lost or compromised
tests if Test Materials are not returned according to
3(a) above. Client shall be liable for the actual cost
associated with the creation of a substantially similar replacement test up to a maximum of $15,000.

5. Client agrees to and shall pay all invoices within thirty (30) days of receipt of invoice.

6. Credits. For each unopened package of stock exams
that is returned, a $35.00 credit will be generated that can be applied towards the current or future test
order. Credit has no cash value and will expire 12
months after the issue date.

G. Candidate Inspections

1. Test Materials.

CANDIDATE INSPECTION OF TEST MATERIALS

SHALL NOT BE ALLOWED EXCEPT IN CASE OF

ANSWER SHEETS AS DESCRIBED BELOW

2. Answer Sheets.
(a) If a candidate files a protest regarding the
scoring of his or her test, inspection of a
candidate's own answer sheet(s) for the
purpose of detecting whether any clerical or
other error has been made in the scoring of the
answer sheets shall be allowed, upon request
by the Client, for a 10-business-day period
immediately following the notification to the
candidate of test results.
(b) Candidates are not allowed to review the
question booklet during this inspection period.
(c) Not more than one hour will normally be
allowed for answer sheet(s) review. A
representative of Client's Personnel or
Administrative office shall be present to assure
that no changes or marks of any kind are made
by the candidate on the answer sheet(s) or
keyed answer sheet.

H. Client Responsibilities.

1. Client shall perform all parts of the testing process which are not performed by CPS HR. Client has the
responsibility for assuring that the testing process
performed by Client conforms to any applicable laws,
rules or ordinances, and for the test as a whole.

Under the federal Uniform Guidelines on Employee
Selection Procedures, the Client as test user is
responsible for local validation efforts (e.g., SME
review, job analysis studies) and the results of the
selection process, and Client understands and
acknowledges that it must be prepared to
demonstrate that the process is valid and meets
other testing standards if ii adversely affects groups
protected by fair employment laws.

2. Client is responsible for insuring that all persons who handle or have access to Test Materials in any
capacity for Client shall do so in compliance with this Agreement, and are trained to handle Test Materials
and administer tests before they do so.

3. CPS HR retains score reports for 60 days after each
test administration date. Test users must maintain
the appropriate documentation of score report
information for agency record purposes.

4. Client is responsible for making determinations
regarding the merit of candidate appeals. CPS HR
can assist with researching candidate appeals at the
specified hourly rate.

I. Legal Proceedings Involving Test Materials.

1. If Client receives notice of any administrative or court proceeding involving a CPS HR test, or a request for
disclosure of Test Materials, such as a subpoena, or
a public records or freedom of information request,
Client shall notify CPS HR of such request
immediately and well before a response is due.

2. Upon CPS HR request, Client shall maintain the
confidentiality of the Test Materials pending the grant or denial of a protective order or the decision of a
court or administrative body as to whether the
requested Test Materials must be disclosed under
the applicable public records statute.

3. Client shall cooperate with CPS HR in seeking any
relief necessary to maintain the confidentiality of the Test Materials.

4. Client shall indemnify and hold CPS HR harmless
from and against any and all claims, costs, damages,
losses, liabilities and expenses (including reasonable
attorney fees and costs) arising out of or in
connection with administration of a test, or with
maintaining confidentiality ofTest Materials.

J. Term and Termination of Agreement.

1. Term. This Agreement is effective beginning the
date ii is signed by both parties and continuing for
two years thereafter unless earlier terminated by
either party as stated below.

2. Immediate Termination upon Material Breach. Either
party may terminate this Agreement immediately
- 2 -
2022 - 2024 CPS HR - TR 2 Year Agreement
Client Initials _
upon any material breach by the other party. For
purposes of this Agreement, but without limiting the
meaning of material breach, any breach of the test
security provisions, however minor, shall be
considered a material breach. Client understands
and acknowledges that immediate termination by
CPS HR may result in the withholding or recall of
Test Materials.

3. Termination Without Cause. CPS HR and Client may
terminate the Agreement without cause upon thirty
days written notice to the other party.

4. Return of Test Materials. Upon termination of the
Agreement, Client shall immediately return to CPS
HR any Test Materials that it possesses.

K. Miscellaneous.

1. Notices. Any notice to the parties required or
permitted under this Agreement shall be given in
writing and shall be sent to Client at the address
provided for the Principal Signer and to CPS HR at
2450 Del Paso Rd., Ste. 160, Sacramento, CA
95834.

2. Dispute Resolution; Remedies.
(a) In the event of a dispute, the parties may agree
to pursue mediation or either binding or
nonbinding arbitration to resolve their dispute,
under such rules as the parties may agree.
(b) Client acknowledges that breach of this
Agreement may result in irreparable harm to
CPS HR for which damages would be an
inadequate remedy and, therefore, in the event
of a breach, in addition to its rights and
remedies otherwise available by law, CPS HR
shall be entitled to seek equitable relief,
including injunction.

3. Attorneys Fees. If any legal action or arbitration or other proceeding is brought to enforce or construe
the term of this Agreement or because of an alleged
dispute, breach or default in connection with any
provision of this Agreement, the successful or
prevailing party shall be entitled to recover
reasonable attorneys fees and other costs incurred in
that action, arbitration or proceeding in addition to
any other relief to which it may be entitled.

4. Waiver. The failure of any party at any time or times to require perforrnance of any provisions of this
Agreement shall in no manner affect its right to
enforce such provision at a later time. Nor shall the
waiver by either party of a breach of any provision of
this Agreement be taken or held to be a waiver of the
provision itself. No waiver shall be enforceable
unless made in writing and signed by the party
granting the waiver.

5. Entire Agreement; Modifications. This Agreement
constitutes the entire Agreement between the parties
regarding the subject matter hereof and supersedes
all other Agreements, representations and
warranties. All modifications and supplements to this
Agreement must be in writing and signed by both
parties.

6. Counterparts; Facsimile Signature; Electronic
Signature. This Agreement may be executed in any
number of counterparts. If this Agreement or any
counterpart is signed and then faxed or e-mailed by
PDF or otherwise, the faxed or e-mailed copy bearing
the signature shall be as good as the original wet-ink
signed copy for all intents and purposes.

7. Interpretation; Jurisdiction. This Agreement shall
be interpreted and enforced under the laws of the
State of California and jurisdiction shall be in
Sacramento County, California. The Agreement shall
be interpreted in a fair and balanced manner to best
preserve its intent, and without bias against the
drafter.

8. Authority to Sign. The person signing this
Agreement on behalf of the Client (the Principal
Signer) represents that he or she is the head of the
agency or is otherwise duly authorized to sign this
Agreement and to bind the Client.

Principal Signer By signing below, I represent that the persons(s) listed in Exhibit A and on any attached sheets is/are authorized to handle CPS HR Test Materials on Clients behalf. I affirm that I will handle all CPS HR Test Materials in accordance with the terms of the CPS HR Test Rental Agreement then in effect, and that I will ensure all individuals handling and/or administering tests are properly trained.

Cooperative Personnel Services dba
CPS HR Consulting,
A California Joint Powers Authority
By:-------------
Authorized Signature
Name: Amy Bigone
Title: Test Rental Program Manager
Date: _
Client
By:-
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Name: _
Title: _
Email: _
Date: _
- 3 - Client Initials _
2022 - 2024 CPS HR - TR 2 Year Agreement
Exhibit A
Authorized Representative(s) (use an additional page if needed) By signing as an Authorized Representative, I affirm that I will handle all CPS HR Test Materials in accordance with the terms of the CPS HR Test Rental Agreement then in effect.

Name, TiUe Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, TiUe Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number

11. Billing Contact
Contact Name and Title
Agency
Street Address, City, State, Zip
E-Mail Phone Number
Ill. Physical Address
Agency / Department Name
Street Address, City, State, Zip
2022 - 2024 CPS HR - TR 2 Year Agreement
Exhibit B
CPS HR Test Rental Division Rates
Effective January 2022 - Subject to Change
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Base Fee (per order) * $295.00 $595.00 $995.00 $350.00
1-100 Candidates (per candidate) $9.00 $14.00 $15.00 $10.00 101-500 Candidates (per candidate) $8.50 $13.00 $14.00 $9.50 501+ Candidates (per candidate) $8.00 $12.00 $13.00 $9.00 New Item Writing/Entry N/A N/A $35 per item N/A
Pick Up/Handling 5% 5% 5% 5%
Standard Shipping/Handling •• 10% 10% 10% 10%
Expedited Shipping/Handling •• 15% 15% 15% 15%
Shipping outside contiguous U.S. 20% 20% 20% 20%
Entry-Level Law, Entry-Level Fire and Entry-Level Clerical Candidate Materials (available online through Candidate Resource Center) $3.00 if purchased by client
$5.00 if purchased by candidate
$10.00 if purchased by client
$15.00 if purchased by candidate
*CPS HR will apply a credit of $35.00 for each UNOPENED package of Stock Exams of test booklets on the current or future STOCK test order (see additional terms listed on F.6.). ,...Standard shipping applies to orders placed at least 10 business days prior to test date. Expedited shipping applies to orders placed less than 10 business days prior to test date. :i: Base fee includes the following at no additional charge: Proctor's Manual, Scoring Manual, CPS HR Scoring, CPS HR answer sheets and a scoring report.

Administrative Set Up Fee (per order) $95.00 $95.00 $95.00 $95.00 One Time Exam Set Up Fee N/A $595.00 $350.00 $995.00
Per Candidate Fee $15.00 $15.00 $15.00 $15.00
Title Change (optional) $25.00 NIA N/A N/A
Additional Supplement (optional) $50.00 N/A NIA N/A
• The one time set-up fee will be applied for the first on line administration of a semi-stock, agency or custom test. • All exams must be administered in a proctored environment 2022 - 2024 CPS HR - TR 2 Year Agreement
Exhibit C
CPS HR Special Services
Effective January 2022 - Subject to Change
-

REMOTE PROCTOR SERVICES
~,,.~~~: ""'.'-,,i~"''-~~~-':"'::f·~~~f-~
-:;,i;, ~ ;e· \,.~~~·~)-·'·',.:}i.l.·~ ,:,.,,-~\~ !' .. ~.:=.-. -~':' ~ ~ ~ ...--:..:.....r .....,...:..,._• ... _.:;_ Administrative Set Up Fee (per order) $75.00
1 hour test (per candidate) $22.50 $25.50
1 - 2 hour test (per candidate) $30.00 $33.00
2 - 3 hour test (per candidate) $38.75 $41.75
Over 3 hour test (per candidate) $47.50 $50.50
Take it Now Premium Scheduling (Additional Fee as applicable per candidate) $12.00 $12.00 Take It Soon Premium Scheduling (Additional Fee as applicable per $8.00 $8.00 candidate) --SPEetA LSERVlCES
Candidate Appeals Support $130 per hour
Cover Change - Stock Exams Only $100 base fee (unopened returned books will NOT qualify for a credit) Re-Scoring/Hand-Scoring of Answer Sheet $ 30.00 (Requested directly by Agency) Review Copies (Hardcopies sent via FedEx) $25.00 per order (online review copies are provided at no charge) Scoring Keys $10.00 per Overlay, Key Sheet provided at no additional cost Spanish Language Proficiency Oral Exam $295.00 Base Fee+ $120 per candidate (Professional Scoring Included) Stock Supplements $ 2.00 per book when ordered with a Stock test Structured Interview Packages $595.00 Base Fee + $15.00 per candidate Supplemental Orders $25 base fee, candidate count fee, and shipping/handling Writing Proficiency Exam
$ 350.00 Base Fee + $ 15.00 per candidate (Professional Scoring included)
CALL FOR DETAILS - Billed at the following rates
Non-specified special Services Consultant Time $130/hour Technician Time $ 75/hour
2022 - 2024 CPS HR - TR 2 Year Agreement
Exhibit D
CPS HR On-line Skills Test Pricing Schedule
Effective January 2022 - Subject to Change
Administrative Set Up Fee (per order) $95.00
Per Candidate Fee $15.00
2022 - 2024 CPS HR - TR 2 Year Agreement
Exhibit E
CPS HR On-line Personality Test Pricing Schedule
Effective January 2022 - Subject to Change
General Employability Report (if used with stock exam) $7.50 General Employability Report (if used without a stock exam) $10 Advantage Report $15
Express Report $55
Potential Report $155
Challenge Report $155
Values Report $155
Leader Basis $205
Leadership Forecast (includes Potential, Challenge and Values reports) $410 Coaching Report Free with order of Leadership
Forecast Re ort
Test Rental Contact Information:

CPS HR Consulting
Attn: Test Rental Division
2450 Del Paso Rd., Ste. 160, Sacramento CA 95834
Telephone: 916.263.1800 I Toll Free 866.867.5272
Fax: 916.921.6240 I E-mail: [email protected]
2022 - 2024 CPS HR - TR 2 Year Agreement

Amendment No. 1 to the Agreements with CPS HR Consulting and RGS September 26, 2022