Agenda packet — Carpinteria City Council, October 10, 2022 (part 1 of 3)

City of Carpinteria
City Council Regular Meeting Agenda
Monday, October 10, 2022
Council Chamber, 5775 Carpinteria Avenue
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)
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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

PLEDGE OF ALLEGIANCE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

1. Certificate of Commendation to Ian Thomas.

2. Certificate of Commendation to Matthew Lamberti.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF REVIEWING NEW PUBLIC

WORKS VEHICLES IN THE WEST SIDE PARKING LOT AT CITY HALL AND THEN

PROCEED BACK TO COUNCIL CHAMBERS TO HOLD THE MONTHLY MEETING OF THE

CARPINTERIA LIBRARY BOARD OF TRUSTEES

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL

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

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

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
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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. Approve the minutes of the regular meeting held September 12, 2022 and September 26, 2022.

4. Receive and file the Expenditures for the period beginning September 17, 2022 and ending September 30, 2022.

5. Approval and adoption of Resolution No. 6164, declaring certain City-owned property/equipment as surplus assets and authorizing disposal.

6. Approval and Authorization to Execute a Mitigation Cooperative Agreement between the City of Carpinteria and the California Department of Transportation concerning the Highway 101 Carpinteria to Santa Barbara Project (Segment 4A).

7. Adoption of Resolution No. 6163, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.

8. Authorize the City Manager to execute Consultant Services Agreement Amendment No. 3 between the City of Carpinteria and WSP USA Environment & Infrastructure Inc. (WSP), (formerly Wood Environment & Infrastructure Solutions, Inc.), 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. (This motion requires a roll call vote.)
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9. Approve and adopt Resolution No. 6166 creating a single Classification and Compensation Schedule for Management and Miscellaneous Unrepresented Personnel, including new salary grades and pay ranges as recommended by the 2021 Total Compensation Report, and assignment of current and new job positions into the salary grades.
*10. Ratify Approval of Amendment No. 2 to the Law Enforcement Services Agreement Between the City of Carpinteria and the County of Santa Barbara for a total of $5,056,981 for Fiscal Year 2022/23. (This motion requires a roll call vote.) ADMINISTRATIVE MATTERS:

11. Authorization for the City Manager to execute an Agreement with RRM Design Group to provide consulting design services for the Franklin Creek Trail Improvement Project.

Recommendation: Authorize the City Manager to execute an Agreement with RRM Design Group to provide consulting design services in an amount not-to-exceed $372,190 for the Franklin Creek Trail Improvement Project. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

12. Award of a construction contract for the Former Venoco Oil Pipeline #0470 Abandonment Project, and authorization to enter into a related construction management agreement.

Recommendation: (1) Award a Construction Contract to Beacon West Energy Group, LLC/Pacific Petroleum California, Inc. for the Former Venoco Oil Pipeline #0470 Abandonment Project in the Total Base Bid amount of $444,888; and (2) Authorize the City Manager to execute an Agreement with Cannon Corporation to provide construction management and inspection services for the Former Venoco Oil Pipeline #0470 Abandonment Project in an amount not-to-exceed $31,414. (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
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13. Adoption of Resolution No. 6165, approving the recommendations of the Traffic Safety Committee.

Recommendation: Adopt Resolution No. 6165, approving the recommendations of the Traffic Safety Committee.

Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING: NONE
OTHER BUSINESS:

14. Approval of financial support for the Carpinteria Alzheimer’s Caregiver Support Group.

Recommendation: Consider the request from the Carpinteria Alzheimer’s Caregiver Support Group and, if determined appropriate by the Council, approve Community Services Support program grant funding.

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

15. Informational Report on Parking Lot No. 1 issues and recommendations raised by business owners/operators.

Recommendation: Direct staff to implement the short and long term response options described in this Report.

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

16. Consideration of initiating the ordinance process concerning building electrification regulations.

Recommendation: Initiate the ordinance process concerning building electrification regulations.

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

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

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

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

Nomura)
e. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt. Nomura) f. Santa Barbara Joint Affordable Housing Task Group (Carty & Alarcon) g. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
h. South Coast Youth Safety Partnership (Lee & Alarcon) i. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) j. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)

2. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Carty & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee & Alarcon)
d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Carty) f. City Council Finance/Budget Committee (Carty & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura/Alt. Carty) (PC: Benefield and Callender) (ARB: Reginato and Stein) City Council Regular Meeting Agenda
October 10, 2022

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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 24, 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, October 5, 2022, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.

Certificate of Commendation
Tfi_e City of Caryi1[Lteri~ c~mefufs and conqratulat: esc:r;ff;tf,fmas- w. _fio {elf a grouy of fits [ellow 'Boy Scout T'roey so members in reyairing the s~rs {e_a<fing to Je{{y Bowl Beach. ~s his Tdfj[e Tr~~~t in ?1:'der_ t~ :a~ the =: '!J(Vfljf {~ .. Scout. Mr. :fion;ias' accomplishment ref~ct~fits abifity, initiative, yersey_eranc;r;. qn£ Ieadership ski{{s as an_ Tag{e Scout. ;Nl-:·?!Jion:ifs sin_g0_-~'fn£ecf[y yTanned t~»Y,1:_oj~~t design, ra~sed , finances for t~fie yro;ect, o~a-«:7-izecfil~liJnteer tabor, a11d q~taJ~d c?mmunity involvement. Tfie compteted: yro;ect benjfits af users of tfre Carpinteria State Beach.

The City of Carpinteria commends I an 'Tftonf,'as for fiif industrious efforts for the community's Veri,efit a:n~~~ulat e: =: fr] -~t~i1,I :lie '/',t:mk of 'Eag {e Scout. ~./J ~ A / _,,, 7 ~·
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Certificate of Commendation
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'lfie ~ ity of Carpinteria c9~ni:6 and clYYlflrdti,,[at es2;:fat~p;1-rnherti '"'. fio [ecf a grouy of his [ellow 'Boy scrut Tr~li_p 50 mem~ers in bui~ng ~ 11,e~iji1:ic tqb[e with. y[atf orm at :fourtfi Beach. and. ..'Asfi ..'A1lenue as fits Tag[e Project in: or~tq eayti the rank of Tag[e Scout. :Jvlr. Eamberti's, q,Jcomyasfiment rejiects his apiCity,' i~iq,tfve, yerseverance, and leadership ski[[s as_ an EefJ[e Scp'J1L Mr:.. Lamberti: singfe-fid!J:.efec[[y y[anned the yroject design, raised finances for tfi:eJ?J:_oject, Qfganized vo[u1j,teerr tapdt, and obtained c?mmunity _invo~vement. an« comy[etedyyoject,tenefi~s 1;1I[u~er: of the City 13eacfi., Tfie City of Carpinteria commends Mattfiew .Lam6er-tif or fits industrious efforts to benefit the community ant(~ong:flqJ~(ates fiirr,, ori-attaini~i~(,,.ank pf Tag[e Scout. \ PP'\~ . ,., / SJ / ~~ // . ..; /I_ ·1 Y' _,.....,,,,,,._ <;jr
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'Roy Lee, Councilmemher

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

REGULAR MEETING AGENDA
MONDAY, OCTOBER 10, 2022
5:30 P.M.

1. Call to order and roll call.

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

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

4. Approval of minutes of the regular meeting held September 12, 2022.

5. Update on the Library (verbal report).

6. New Business & Discussion.

7. Adjournment.

The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, October 6, 2022 on the City’s Website:
https://carpinteriaca.gov/city-hall/agendas-meetings/. The Carpinteria Library Board of Trustees agenda and staff reports are part of the City Council agenda for its regular meeting of October 10, 2022. Please see “TEMPORARY ADJOURNMENT FOR THE

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

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact Brian Barrett, City Clerk at [email protected] or (805) 755-4446. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting. This agenda was posted on Wednesday, October 5, 2022, in the City Clerk’s Office, on the City Hall Public Notices Board, and on the Internet.

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

REGULAR MEETING MINUTES
MONDAY, SEPTEMBER 12, 2022

1. Call to order and roll call.

President Nomura called the meeting to order at 6:05 pm.

Boardmembers present: Boardmember Natalia Alarcon
Boardmember Gregg A. Carty
Boardmember Roy Lee
Vice President Al Clark
President Wade T. Nomura
Staff members present: Dave Durflinger, Chief Executive Officer Jody Thomas, City Librarian
Olivia Uribe Mutal, Program Manager

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

Program Manager Uribe Mutal acknowledged that all legal noticing and procedural requirements have been met.

3. Public Comment
There was no public comment.

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

Motion by Boardmember Lee, seconded by Vice President Clark, to approve the minutes of the regular meeting held August 8, 2022. The voice vote was as follows:

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

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September 12, 2022

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

City Librarian Thomas presented a verbal report on the Proclamation.

Motion by Boardmember Alarcon, seconded by Vice President Clark, to approve the Proclamation Proclaiming September 2022 as “Library Card Sign-Up” Month. The voice vote was as follows:

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

6. Update on the Library (verbal report).

City Librarian Thomas reported on the following:
• Library staff have done several outreach efforts.
• Provided status of Library renovation project.
• Will hold interviews for the part-time Library Technician position on Monday. • Updating lease agreement with the County for the Vets Hall. • Currently have 1,600 people with Carpinteria Library cards and creating 10 new library cards each day.
• More than 3,000 people came into the Library last month with more than 10% using Library programs.
• Added several offerings to the Library Program calendar. • Launched the Library’s social media.
• Started a volunteer program and actively searching for volunteers. • Library Advisory Commission will have its first meeting on September 22nd at 5:30 pm.

7. New Business & Discussion.

There was no new business nor discussion.

8. Adjournment.

President Nomura adjourned the meeting at 6:15 p.m.
________________________________
Brian C. Barrett, CMC, CPMC, Secretary
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, September 12, 2022
In-Person and Virtual

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

ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria (present via Zoom)
Mack Carlson, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria (present via Zoom)
Michael Ramirez, Assistant City Manager
Olivia Uribe Mutal, Program Manager
John L. Ilasin, Public Works Director
Erin Maker, Environmental Program Manager
Matt Roberts, Parks, Recreation & Public Facilities
Director
Steve Goggia, Community Development Director

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

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

1. Proclamation Declaring September 15, 2022 to October 15, 2022 as Hispanic Heritage Month.

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Speakers in-person: Suzanne Requejo representing Artesania para la Familia and Jim Campos representing LatinX Mural Project.

Motion by Councilmember Alarcon, seconded by Councilmember Carty, to approve the Proclamation Declaring September 15, 2022 to October 15, 2022 as Hispanic Heritage Month. The roll call vote was as follows:

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

The Council presented the proclamation to Ms. Requejo and Mr. Campos.

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

Speakers in-person: Roberta Lehtinen, Amrita Salm, and Fred Shaw, all representing HopeNet of Carpinteria
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to approve the Proclamation Proclaiming September 2022 as “Suicide Prevention” Month. The roll call vote was as follows:

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

The Council presented the proclamation to Ms. Lehtinen, Ms. Salm, and Mr. Shaw.

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

Public Works Director Ilasin introduced Kirsten Ayars of Ayars and Associates who presented the PowerPoint presentation.

Speakers in-person: Bryan Mootz

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
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Mayor Nomura temporarily adjourned the meeting at 6:05 pm.

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
Mayor Nomura reconvened the regular meeting of the City Council at 6:15 pm.

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

CITY MANAGER’S REPORT
City Manager Durflinger introduced Environmental Program Manager Maker who provided a PowerPoint presentation on Creek Week and California Coastal Cleanup Day and Assistant City Manager Ramirez who provided an update on the work of the Ad Hoc Senior Services Planning Committee.

City Manager Durflinger spoke on the community’s efforts to conserve energy during the recent heat wave as well as conserving water use during the drought.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Jason Rodriguez, Daniel Gonzalez, Sindy Zavala, Hugo Alvarado, Julianna Ornelas, Ector Flores-Garcia, Iltze Alvarado, Tina Frontado, and Amrita Salm Speakers via Zoom: Davis Mersereau, Lay Tep, and Genesis Hernandez Emails distributed: Kristina Calkins
In response to several comments about establishing a smoke-free policy for multihousing, there was consensus amongst the Council to direct staff to place an item on banning smoking in multi-housing to a future Council meeting.

In response to Mr. Mersereau’s comments, there was consensus amongst the Council to direct staff to return to a future Council meeting to update the public on the approval process of business signs, the lighting along the Carpinteria Creek bike path under the freeway bridges, and the safety rail between pedestrians/bicyclists and vehicles for the Santa Claus Lane Bikeway Project.

AGENDA MODIFICATIONS:

Councilmember Lee requested Item No. 15 be heard as the next item on the agenda.

The Council agreed to hear Item No. 15 as the next item on the agenda.

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

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

Public Works Director Ilasin presented the staff report and PowerPoint presentation. The permit applicants Gary Dobbins and Kim Gutierrez provided additional information.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Carty, to (1) approve the Special Event Permit Application for the 2022 California Avocado Festival, (2) designate the area within the event footprint as a public park during the hours of operation pursuant to Carpinteria Municipal Code Section 10.68.010, and (3) authorize expenditures for special event law enforcement services and temporary traffic control and street cleaning services. The roll call vote was as follows:

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

CONSENT CALENDAR:

Speakers in-person: Lorraine McIntire and Bryan Mootz for Item No. 6 Motion by Councilmember Lee, seconded by Councilmember Alarcon, to approve the Consent Calendar Item Nos. 4 through 7. The roll call vote was as follows:

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

4. Approve the minutes of the regular City Council meeting of August 8, 2022 and the City Council Regular Meeting Minutes
September 12, 2022

Page 5 ends

special meeting of August 15, 2022.

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

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

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

ADMINISTRATIVE MATTERS:

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

Recommendation: Authorize the City Manager to execute an Agreement with Cannon Corporation to provide consulting design services in an amount not-toexceed $611,028 for the 2022 Pavement Rehabilitation Project. (This motion requires a roll call vote.)
Public Works Director Ilasin presented the staff report and PowerPoint presentation.

There was no public comment.

Motion by Councilmember Alarcon, seconded by Councilmember Lee, to authorize the City Manager to execute an Agreement with Cannon Corporation to provide consulting design services in an amount not-to-exceed $611,028 for the 2022 Pavement Rehabilitation Project. The roll call vote was as follows:

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

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

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

There was no public comment.

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

The roll call vote was as follows:

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

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

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

Parks, Recreation and Public Facilities Director Roberts presented the staff report. He noted that the City Attorney has reviewed the lease and made a few minor edits to the boilerplate document from Caltrans. He stated that while Caltrans has not responded back to the City on those minor edits, he suggested amending the motion to include latitude should Caltrans come back with minor edits and authorize the City Manager to accept those minor edits with the concurrence of the City Attorney.

There was no public comment.

Councilmember Alarcon made a motion to authorize the City Manager to execute the Agricultural Lease Agreement with Caltrans for State Parcel 011443.

City Council Regular Meeting Minutes
September 12, 2022

Page 7 ends

Councilmember Alarcon amended the motion to authorize the City Manager to execute the Agricultural Lease Agreement with Caltrans for State Parcel 011443 and include edits by Caltrans that are acceptable to the City Manager with the concurrence of the City Attorney. Councilmember Carty seconded the amended motion. The roll call vote was as follows:

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

Mayor Nomura recessed to a break at 7:58 pm and reconvened the meeting at 8:12 pm.

11. Revision to Civil Engineer Position Description and elimination of the authorized term limit.

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

Public Works Director Ilasin presented the staff report.

Speakers in-person: Patrick O’Connor
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to approve and adopt Resolution No. 6158, revising the Civil Engineer position description and eliminating the limited term authorization, as read by title only. The roll call vote was as follows:

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

PUBLIC HEARING:

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

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Recommendation: Approve Ordinance No. 759, as read by title only (first reading). (This motion requires reading of ordinance title and a roll call vote.) Public Works Director Ilasin and Legal Counsel Carlson presented the staff report.

There was no public comment.

Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to approve Ordinance No. 759, waive further reading, introduce as read by title only and continue for adoption to September 26, 2022.

Program Manager Uribe Mutal read aloud the title of Ordinance No. 759.

The roll call vote was as follows:

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

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

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

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

Speakers in-person: Patrick O’Connor
Emails distributed: Russell Ruiz
Motion by Councilmember Alarcon, seconded by Councilmember Lee, to approve and adopt Resolution No. 6157, initiating amendments to the Carpinteria Local Coastal Program, including, but not limited to, the Zoning Code, in response to state Density Bonus legislation. The roll call vote was as follows:

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

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

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

Community Development Director Goggia presented the staff report.

Emails distributed: Russell Ruiz
Motion by Councilmember Lee, seconded by Councilmember Alarcon, to approve and adopt Resolution No. 6156, initiating an amendment to the Carpinteria Local Coastal Program Zoning Code, regarding Coastal Development Permit Procedures. The roll call vote was as follows:

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

OTHER BUSINESS:

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

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

Program Manager Uribe Mutal presented the staff report.

There was no public comment.

City Manager Durflinger suggested the Council give staff flexibility on obtaining data so staff could pursue the least costly option first and if data can’t be obtained, then staff could bring a proposal for a consultant agreement before the Council.

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Motion by Councilmember Lee, seconded by Councilmember Carty, to accept the report and direct staff to go with Option 1 (Ensure that Amtrak and UPRR train horns are being operated within the maximum allowable decibel level) and give staff flexibility on obtaining the data and Option 2 (Inform and educate the public about train horn noise).

Mayor Nomura asked Councilmember Lee to clarify if Option 2 was meant to be researched and/or put in place.

Councilmember Lee modified the motion to accept the report and direct staff to go with Option 1 (Ensure that Amtrak and UPRR train horns are being operated within the maximum allowable decibel level) and give staff flexibility on obtaining the data and put in place Option 2 (Inform and educate the public about train horn noise). Councilmember Carty seconded the modified motion. The roll call vote was as follows:

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

LEGISLATIVE UPDATE:

City Manager Durflinger reported on letters the Mayor authorized sending letters requesting vetoes on legislation before the Governor – SB 1127 (Workers’ Compensation) and AB 1951 (Five Year Exemption for Manufacturing Companies for Local Sales and Use Taxes). He spoke on a letter the City received from the League of California Cities in support of the Behavioral Health Legislative Package (SB 929, 970, 1035, 1154, 1227, and 1238).

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Alarcon reported on her attendance at the Santa Barbara County Elected Leaders Forum to Address Homelessness.

Mayor Nomura reported on his attendance at the League of California Cities Annual Conference in Long Beach. He also mentioned he will be attending the Central Coast Community Energy in Monterey.

Councilmember Alarcon also reported on her attendance at the League of California Cities Conference in Long Beach.

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ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the next City Council meeting of September 26th.

ADJOURNMENT
Mayor Nomura adjourned the meeting at 9:20 pm.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, September 26, 2022
In-Person and Virtual

CALL TO ORDER
Mayor Nomura called the meeting to order at 4:34 pm.

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

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
Mayor Nomura temporarily adjourned the meeting to Closed Session at 4:35 pm.

CALL TO ORDER
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September 26, 2022

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

ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City of
Carpinteria (present via Zoom)
Mack Carlson, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City of
Carpinteria (present via Zoom)
Brian C. Barrett, City Clerk
Michael Ramirez, Assistant City Manager
Matt Roberts, Parks, Recreation & Public Facilities
Director
Steve Goggia, Community Development Director
John L. Ilasin, Public Works Director
Rita Bright, Principal Planner

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

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

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS:

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

Speakers in-person: Michael Baker, CEO of Boys & Girls Club of Santa Barbara County and Roger Aceves, representing Boys & Girls Club of Santa Barbara County Board of Directors Mayor Nomura presented certificates to the boys and girls who achieved Gold Card status.

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
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September 26, 2022

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

CITY MANAGER’S REPORT
City Manager Durflinger announced the following:
• There would be a Special City Council meeting on October 17th at 5:30 pm to review the Draft Housing Element.
• Noted phased street closures for the upcoming Avocado Festival beginning September 29th until late November 2nd.
• Safe Trick or Treating Event in the Downtown “T” will occur this year with more details to follow.

Assistant City Manger Ramirez provided an update on the work of the Ad Hoc Senior Services Planning Committee.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Jason Rodriguez, Xy VanAntwerp, Amrita Salm, and Carlos Bren Speakers via Zoom: Davis Mersereau and Lisa Guravitz
In response to Mr. Bren’s comment, the Council directed staff to bring back the fee waiver request for the Alzheimer’s Walk special event at the October 10th Council meeting.

CONSENT CALENDAR:

There was no public comment.

Motion by Councilmember Lee, seconded by Vice Mayor Clark, to approve the Consent Calendar Item Nos. 3 through 8. The roll call vote was as follows:

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

3. 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.

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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.

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.) AGENDA MODIFICATIONS: NONE
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.

City Clerk Barrett presented the staff report.

Speakers in-person: George Johnson, Patrick O’Connor, and John Kucharski Motion by Mayor Nomura, seconded by Councilmember Carty, to adopt Resolution No. 6162, as read by title only, approving the appointment of Patrick O’Connor to the Architectural Review Board. The roll call vote was as follows:

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

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.

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Parks, Recreation and Public Facilities Director Roberts presented the staff report.

Speakers in-person: Susan Mailheau
Emails distributed: Susan Mailheau
Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to 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. The roll call vote was as follows:

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

11. 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-exceed amount by $391,490, for a total contract amount of $1,372,202. (This motion requires a roll call vote.)
Community Development Director Goggia presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, 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 notto-exceed amount by $391,490, for a total contract amount of $1,372,202. The roll call vote was as follows:

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

Vice Mayor Clark left the dais at 6:40 pm and returned at 6:41 pm.

12. Consultant Services Agreement between the City of Carpinteria and 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.

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.)
Community Development Director Goggia presented the staff report.

There was no public comment.

Motion by Councilmember Alarcon, seconded by Councilmember Lee, 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 notto-exceed $240,580. The roll call vote was as follows:

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

13. 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.) Public Works Director Ilasin presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, to authorize the City Manager to execute Amendment No. 3 to the Agreement with Avila & Associates, Inc. to City Council Regular Meeting Minutes
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provide hydrology and hydraulic engineering services in the not-to-exceed amount of $37,356 for a total amended amount of $240,228. The roll call vote was as follows:

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

14. 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 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. (This motion requires a roll call vote.)
Assistant City Manager Ramirez presented the staff report.

There was no public comment.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, to (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-to-exceed amount of $130,000 for a total amended amount of $160,000; and (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. The roll call vote was as follows:

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
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September 26, 2022

Page 8 ends

The motion carried unanimously.

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.)
Principal Planner Bright and Legal Counsel Carlson presented the staff report and PowerPoint presentation.

Councilmember Lee left the dais at 7:34 pm and returned at 7:35 pm.

Speakers in-person: Patrick O’Connor, George Johnson, Lee Jacobs, and Maso Motlow representing Carpinteria Valley Water District
Emails distributed: Lettylee Scheuermann
Legal Counsel Carlson noted there was a typographical error on page 19 of proposed Ordinance No. 758 where there should be a new section header in the middle of the page City Council Regular Meeting Minutes
September 26, 2022

Page 9 ends

called “Section 14.72.110 Authority to Review.” and there is also an introductory clause that is missing from the beginning of subdivision A that says “Coastal Commission Permit Jurisdiction. Notwithstanding any other permit and” followed by the existing text.

Principal Planner Bright noted an additional correction on page 15 of proposed Ordinance No. 758 where Subsection A to Section 14.72.040 Sale, Rental, and Occupancy Terms was inadvertently crossed out.

Motion by Councilmember Lee, seconded by Councilmember Alarcon, to (1) adopt Resolution No. 6160, certifying that Ordinance No. 758 is intended to carry out 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; (2) adopt Ordinance No. 758, 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) Find that Ordinance No. 758 is statutorily exempt from review under 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; and (4) find 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.

Councilmember Lee amended the motion to (1) adopt Resolution No. 6160, certifying that Ordinance No. 758 is intended to carry out 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; (2) adopt Ordinance No. 758, 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) Find that Ordinance No. 758 is statutorily exempt from review under 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; and (4) find 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; and include the corrections to Ordinance No. 758 as presented by staff. Councilmember Alarcon seconded the amended motion.

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

AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice City Council Regular Meeting Minutes
September 26, 2022

Page 10 ends

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

Mayor Nomura recessed to a break at 8:11 pm and reconvened the meeting at 8:20 pm.

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.

Assistant City Manager Ramirez presented the staff report and PowerPoint presentation.

Speakers in-person: Patrick O’Connor
Motion by Councilmember Alarcon, seconded by Councilmember Lee, to receive and file the report, approve the compensation study, and direct staff to bring back at a future meeting information on employee benefits such as a housing benefit, the option to work from home, child care, and a gasoline incentive.

Assistant City Manager Ramirez noted that he would bring back the compensation study for formal approval and a report on employee benefits at a future Council meeting.

The roll call vote was as follows:

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

LEGISLATIVE UPDATE: NONE

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Lee reported on a recent City Council/School Board Committee meeting he attended.

City Council Regular Meeting Minutes
September 26, 2022

Page 11 ends

Councilmember Carty reported on a Cycle Cal Coast meeting he attended.

Mayor Nomura reported on the Central Coast Community Energy Annual Meeting he attended.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the next City Council meeting of October 10th.

ADJOURNMENT
Mayor Nomura adjourned the meeting at 9:02 pm.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
October 10, 2022

ITEM FOR COUNCIL CONSIDERATION
Expenditures for the period beginning September 17, 2022 and ending September 30, 2022.

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

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

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

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

ATTACHMENTS
Attachment A: Warrant Register for the period beginning September 17, 2022 and ending September 30, 2022.

Warrant Register
October 10, 2022
Page #2
Staff contact: Alexiss Martinez, Accounting Tech.
(805) 755-4422, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\Admin Services\Staff Report\Staff Report AP.docx
Warrant Register/Check Report
Carpinteria, CA
Date Range: 09/17/2022 - 09/30/2022
Vendor Number
Payable#
Bank Code: AP Bank-AP Bank
INV0004051
INV0004048
INV0004050
INV0004047
388329921
388330241
INV0004049
INV0004046
INV0004036
INV0004037
INV0004027
INV0004028
INV0004029
INV0004030
CARP CITY AUG22 SERVICE
INV0004052
INV0004054
9309892519
9500258360
INV0004055
80650904-C
81007878
81036039
81091718
81097787
287303896883X09102022
Vendor Name
Payable Type

ALEXISS MARTINEZ
Invoice 09/22/2022

ANGELA CAMACHO
Invoice 09/22/2022
ARTHRITIS FOUNDATION INC.

Invoice 09/22/2022

GIRLS INC
Invoice 09/22/2022

SHOWSCAPES
Invoice 09/22/2022
Invoice 09/22/2022
SMHS CLASS OF 62 REUNION COMMITTEE
Invoice 09/22/2022
STESA
Invoice
SEIU LOCAL 620
Invoice
Post Date
09/22/2022
09/22/2022

UNITED WAY OF SANTA BARBARA COUNTY
Invoice 09/22/2022
VANTAGEPOINTTRANSFER AGENTS - 457
Invoice 09/22/2022
Invoice
Invoice
Invoice

CARPINTERIA VALLEY WATER DISTRICT
Invoice 09/29/2022

PLEASANT VALLEY SWIM TEAM
Invoice 09/29/2022

WEX BANK (CHEVRON)
Invoice 09/29/2022

PARADISE CHEVROLET
Invoice 09/29/2022

BRIAN BARRETT
Invoice 09/29/2022

CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS
Invoice 09/29/2022

LAWSON PRODUCTS INC
Invoice
Credit Memo

MICHAEL RAMIREZ
Invoice
09/22/2022
09/22/2022
09/22/2022
09/29/2022
09/29/2022
09/29/2022

PACIFIC PLUMBING SPECIALITIES
Invoice 09/29/2022

WAXIE SANITARY SUPPLY
Credit Memo 09/29/2022
Invoice 09/29/2022
Invoice 09/29/2022
Invoice 09/29/2022
Invoice 09/29/2022

AT&T MOBILITY
Invoice 09/22/2022
BASIC
Invoice 09/22/2022

BIG GREEN CLEANING COMPANY
Invoice 06/30/2022

CA DEPT OF JUSTICE
Payment Date
Payable Description
09/22/2022 Regular
PETTY CASH REPLENTISHMENT 09/22/22
09/22/2022 Regular
VETS HALL EVENT DEPOSIT REFUND 09/10/22
09/22/2022 Regular
VIOLA FIELD CLEANING DEPOSIT REFUND 09/16/22
09/22/2022 Regular
FY23 COMMUNITY SERVICES SUPPORT GRANT
09/22/2022 Regular
JUL22 LANDSCAPE SERVICES THROUGHOUT CITY
AUG22 LANDSCAPE SERVICES THROUGHOUT CITY
09/22/2022 Regular
VETS HALL EVENT DEPOSIT REFUND 08/22/22
09/22/2022 Regular
FY23 COMMUNITY SERVICES SUPPORT GRANT
09/22/2022
Employee Union Dues Contribution
09/22/2022
09/22/2022
Payment Type
Regular
Regular
Employee United Way Contribution
Regular
ICMA Employee Contributions
ICMA Employee Contributions
ICMA Employee Contributions
Deferred Compensation Contribution
09/29/2022 Regular
AUG22-WATER FOR MULTIPLE LOCATIONS
09/29/2022 Regular
VENTURA SWIM MEET 09/24-09/25 ENTRY FEES
09/29/2022 Regular
SEP22 FUEL FOR CITY VEHICLES
09/29/2022 Regular
2022 CHEVROLET COLORADO PICKUP TRUCK FOR PW
09/29/2022 Regular

REIMBURSEABLE TRAVEL EXPENSES FOR CITY CLERK TRAIN
09/29/2022 Regular
APPLICATION FEE FOR FY23 BUDGET DOCUMENT AWARD
09/29/2022 Regular

RESTROOM DRAIN OPENERS & CLEANER

CREDIT FOR RETURN OF BOLTS FOR SIGNS
09/29/2022 Regular

REIMBURSEABLE TRAVEL EXPENSES FOR CA CITIES CONFER
09/29/2022 Regular

PLUMBING SUPPLIES & RESTROOM CARTRIDGE CLEANERS
09/29/2022 Regular

CREDIT FOR SOAP & HAND SANITIZER
VENTS FOR EL CARRO & 9TH STREET RESTROOMS

DOG WASTE BAGS, RESTROOM CLEANER, TRASH BAGS

DOG WASTE BAGS, BATH TISSUE, TRASH BAGS

PAPER TOWELS FOR CITY HALL
09/22/2022 Virtual Payment
CITY HALL MONTHLY PHONE BILL-AUGUST 2022
09/22/2022 Virtual Payment
SEP22 MONTHLY FSA ADMIN FEE
09/22/2022 Virtual Payment
EMERGENCY CLEAN UP AT 5TH ST RESTROOM 06/18/22
Payment Amount Number
149.60 101328
300.00 101329
300.00 101330
25,000.00 101331
37,000.00 101332
308.75 101333
5,500.00 101334
212.93 101335

24.00 101336
5,234.46 101337
19,473.63 101338
509.50 101339
1,261.46 101340
31,630.11 101341
147.50 101342
150.00 101343
417.52 101344
235.06 101345
546.68 101346
2,297.65 101347
2,067.19 APA000767

99. 75 APA000768
135.00 APA000769
09/22/2022 Virtual Payment 64.00 APA000770
Invoice 09/22/2022
SANT000009590
SANT000011296
CALIFORNIA PORTABLE STORAGE INC.

Invoice 06/30/2022
Invoice 06/30/2022

CIVICPLUS
Invoice 09/22/2022

COAST AUTO PARTS INC
Invoice 06/30/2022
CARP Ql-Q4 2022

COASTAL OCCUPATIONAL MEDICAL GROUP
Invoice 09/22/2022

COUNTY OF SANTA BARBARA - PUBLIC WORKS
Invoice 06/30/2022

COX BUSINESS
SEP22 001 3011 028450702
~cP22 805-684-4314-063022-5
SEP22 805-684-7613-042205-5
INV0004044
MMASC FY23
SEP22 7900 0100 3770 5400
SEP22 700474689651
2504652695
370095090002
370096210002
22461
22485
22495
22572
22573
22574
22576
22649
606053
606062
608906
608941
608942
608948
Invoice

EMPATHIA PACIFIC INC
Invoice 09/22/2022

FRONTIER COMMUNICATIONS
Invoice 09/22/2022
Invoice 09/22/2022

HINDERLITER DE LLAMAS
Invoice 09/22/2022
LAFCO
Invoice 09/22/2022

MCCORMIX CORP
Invoice
09/22/2022
09/22/2022

MOST DEPENDABLE FOUNTAINS INC
Invoice 09/22/2022
MUNICIPAL MANAGEMENT ASSOCIATION OF SOUTHERN CALIFORN 09/22/2022 Virtual Payment Invoice 09/22/2022 FY23 MMASC FULL MEMBERSHIP RENEWAL FOR CITY CLERK

QUADIENT FINANCE USA INC
Invoice 09/22/2022

SANTA BARBARA COUNTY SHERIFFS DEPT
Invoice 09/22/2022

SO CA EDISON
Invoice
Invoice
Invoice
09/22/2022

TRANSAMERICA EMPLOYEE BENEFITS
Invoice 06/30/2022

UNION PACIFIC RAILROAD COMPANY
Invoice 06/30/2022

WALKER CONSULTANTS
09/22/2022
09/22/2022
ACCESS CONTROL SECURITY INC.

Invoice 09/29/2022

AG ENT INC
Invoice 09/29/2022
Invoice 09/29/2022
Invoice 09/29/2022
Invoice 09/29/2022
Invoice 09/29/2022
Invoice 09/29/2022
Invoice 09/29/2022
Invoice 09/29/2022

AMERICAN FOOD CORP
Invoice 09/29/2022

BIG GREEN CLEANING COMPANY
Invoice 09/29/2022
Invoice 09/29/2022
Invoice
Invoice
Invoice
Invoice
09/29/2022
09/29/2022
09/29/2022
09/29/2022

CAL-COAST MACHINERY INC
Invoice 09/29/2022
AUG22 FINGERPRINT APPLICATIONS
09/22/2022 Virtual Payment
MAY22 STORAGE CONTAINER SERVICES FOR LIBRARY
JUN22 STORAGE CONTAINER SERVICES FOR LIBRARY
09/22/2022 Virtual Payment
AUG22 MUNICIPAL CODE UPDATE PAGES
09/22/2022 Virtual Payment
SPRIE & FUEL SYSTEM CLEANER FOR UNIT #420
09/22/2022 Virtual Payment
AUG22 PRE-HEALTH SCREENING FOR LIBRARY TECH
09/22/2022 Virtual Payment
TRAFFIC SIGNAL MAINTENANCE & REPAIR SERVICES FY22
09/22/2022 Virtual Payment
SEP22-VETS HALL INTERNET SERVICE
09/22/2022
OCT22-DEC22 EAP SERVICES
09/22/2022

FUEL FOR CITY VEHICLES
Virtual Payment
09/22/2022 Virtual Payment

PHONE & INTERNET SERVICES FOR LIBRARY

PHONE & INTERNET SERVICES FOR LG TOWER & BOATHOUSE
09/22/2022 Virtual Payment
CONTRACT SERVICES-TRANSACTION TAX Ql 2022
09/22/2022 Virtual Payment
FY23 DISTRIBUTION OF LAFCO BUDGET PAYMENT
Virtual Payment
09/22/2022 Virtual Payment

WATER DRINKING STATION FOR SKATEPARK
09/22/2022 Virtual Payment
POSTAGE FOR CITY HALL 08/15/22, 09/08/22
09/22/2022 Virtual Payment
AUG22 CONTRACTED LAW ENFORCEMENT SERVICES
09/22/2022
ELECTRICITY-4693 9TH ST
Virtual Payment
09/22/2022 Virtual Payment
JUNE 2022 EMPLOYEES PREMIUMS
09/22/2022 Virtual Payment
APR22 PLAN REVIEW FOR RINCON PED BRIDGE
09/22/2022 Virtual Payment
AUG22 PROFESSIONAL SERVICES FOR DOWNTOWN PMP
AUG22 PROFESSIONAL SERVICES FOR CARP DWNTN PARKING
09/29/2022 Virtual Payment
SECURITY AT VETS HALL EVENT 08/20/22
09/29/2022 Virtual Payment
BACKFLOW TESTING AT CARP CREEK PARK 06/06/22
BACKFLOW TESTING AT 991 CONCHA LOMA 06/06/22
BACKFLOW TESTING AT POOL 07/05/22
BACKFLOW TESTING AT CARP AVE PARKING LOT 07/29/22
BACKFLOW TESTING AT 5TH ST PARKING LOT 07/29/22
BACKFLOW TESTING AT YUCCA LANE 07/29/22
BACKFLOW TESTING AT LINDEN & 8TH ST 07/18/22
BACKFLOW TESTING AT 1212 CASITAS PASS RD 08/04/22
09/29/2022 Virtual Payment

ICE CREAM FOR RESALE AT POOL
09/29/2022 Virtual Payment
DEEP CLEAN AT COMMUNITY LIBRARY 06/30/22
JUN22 WINDOW WASHING SERVICE AT CITY HALL 06/23/22
SEP22 CONTRACTED CLEANING SERVICE AT POOL
SEP22 CONTRACTED CLEANING SERVICE-5103 CARP AVE
SEP22 CONTRACTED CLEANING SERVICE-CITY & VETS HALL
SEP22 CONTRACTED CLEANING SERVICE
09/29/2022 Virtual Payment
LOCK NUT, GROMMENT, FASTERNER FOR UNIT #8-1
540.83 APA000771
548.20 APA000772

43.08 APA000773
150.00 APA000774
3,080.77 APA000775
135.99 APA000776
600.00 APA000777
405.01 APA000778
300.00 APA000779
4,800.00 APA000780
126.17 APA000781
5,559.60 APA000782

90.00 APA000783
1,000.00 APA000784
421,415.00 APA000785

15.76 APA000786
1,138.33 APA000787
1,029.35 APA000788
18,033.70 APA000789
173.25 APA000790
1,248.80 APA000791

73.96 APA000792
13,369.00 APA000793
629.59 APA000794
CANON FINANCIAL SERVICES INC 09/29/2022 Virtual Payment 1,249.52 APA000795 29185064 Invoice 09/29/2022 SEP22 CHARGES FOR CANON 5760 & CANON B&W 6275 DEWBERRY ENGINEERS INC. 09/29/2022 Virtual Payment 1,551.41 APA000796 2174838 Invoice 09/29/2022 MAY-AUG22 SERVICES FOR CARP AVE BRIDGE PROJECT EASY LIFT TRANSPORTATION 09/29/2022 Virtual Payment 1,000.00 APA000797 7274 Invoice 09/29/2022 SEP22 COMMUNITY TRANSPORTATION SERVICES FENCE FACTORY 09/29/2022 Virtual Payment 471.06 APA000798 228579 Invoice 09/29/2022 FENCING FOR LINDEN TO HOLLY TRAIL GAELIC ELECTRIC INC 09/29/2022 Virtual Payment 3,395.35 APA000799 16933 Invoice 09/28/2022 ELECTRICAL REPAIR SERVICES AT LIBRARY 06/13, 07/05 16956 Invoice 06/30/2022 ELECTRICAL REPAIR SERVICES AT LIBRARY 06/08-06/15 HOME DEPOT CREDIT SERVICES 09/29/2022 Virtual Payment 53.40 APA000800 1806004 Invoice 09/29/2022 PROPANE TORCH FOR ROW EQUIPMENT NEEDS JOY EQUIPMENT PROTECTION INC 09/29/2022 Virtual Payment 55.00 APA000801 220824RJ Invoice 09/22/2022 4 FIRE EXTINGUISHERS FOR CITY HALL LAWSON PRODUCTS INC 09/29/2022 Virtual Payment 109.00 APA000802 9309880803 Invoice 09/29/2022 BOLTS FOR PUBLIC WORKS SHOP SUPPLIES MARINE RESCUE PRODUCTS INC 09/29/2022 Virtual Payment 132.20 APA000803 109316 Invoice 09/29/2022 REPLACEMENT OF BACK BOARD HEAD BLOCKS AT POOL MCCORMIX CORP 09/29/2022 Virtual Payment 257.79 APA000804 997439 Invoice 09/29/2022 FUEL FOR CITY VEHICLES
MEARS DESIGN GROUP 09/29/2022 Virtual Payment 7,786.00 APA000805 2318 Invoice 09/29/2022 AUG22 CONSTRUCTION DOCUMENT FOR SKATEPARK MISSION UNIFORM SERVICE 09/29/2022 Virtual Payment 142.35 APA000806 517332965 Invoice 09/29/2022 MAT REPLACEMENT AT CITY HALL 07/04/22 517371806 Invoice 09/29/2022 MAT REPLACEMENT ATCITY HALL 07/11/22 517416801 Invoice 09/29/2022 MAT REPLACEMENT AT CITY HALL 07/18/22 MUN ITEM PS 09/29/2022 Virtual Payment 9,971.50 APA000807 130106 Invoice 09/29/2022 ACCOUNTS PAYABLE CLERK TEMP 07 /18/22-07 /31/22 130111 Invoice 09/29/2022 ACCOUNTS PAYABLE CLERK TEMP 08/01/22-08/14/22 130116 Invoice 09/29/2022 ACCOUNTS PAYABLE CLERK TEMP 08/15/22-08/28/22 130123 Invoice 09/29/2022 ACCOUNTS PAYABLE CLERK TEMP 08/29/22-09/11/22 130127 Invoice 09/29/2022 ACCOUNTS PAYABLE CLERK TEMP 09/13/22 POLICORE INC. 09/29/2022 Virtual Payment 10,959.49 APA000808 402740 Invoice 09/29/2022 IT SERVICES FOR CITY HALL AUGUST 2022 402741 Invoice 09/29/2022 IT SERVICES FOR LIBRARY AUGUST 2022 RISDON'S 76 SERVICE 09/29/2022 Virtual Payment 100.00 APA000809 2954 Invoice 09/29/2022 CAR WASH FOR CENTRAL SERVICES UNIT #120 08/09/22 2955 Invoice 09/29/2022 CAR WASH FOR CENTRAL SERVICES UNIT #121 08/09/22 5293 Invoice 09/29/2022 CAR WASH FOR CODE COMPLIANCE UNIT #250 08/13/22 5849 Invoice 09/29/2022 CAR WASH FOR CODE COMPLIANCE UNIT #255 08/14/22 ROCKWELL PRINTING 09/29/2022 Virtual Payment 425.75 APA000810 40562 Invoice 09/29/2022 CITY SEAL DECALS FOR PARKS VEHICLE UNIT #421 40572 Invoice 09/29/2022 BUSINESS CARDS FOR MAYOR
SHOWSCAPES 09/29/2022 Virtual Payment 994.00 APA000811
388330020 Invoice 09/29/2022 IRRIGATION REPAIRS AT VIOLA PARK 07/05/22 388330030 Invoice 09/29/2022 IRRIGATION REPAIRS AT EL CARRO PARK 06/23/22 388330031 Invoice 09/29/2022 IRRIGATION REPAIRS AT MONTE VISTA PARK 06/13/22 SITEONE LANDSCAPE SUPPLY (ALL AROUND) 09/29/2022 Virtual Payment 253.34 APA000812 122225157-001 Invoice 09/29/2022 SPRINKLER, SITESTONE MARKING FLAG BLUE, SWIVEL 122452005-001 Invoice 09/29/2022 HAMMER, SPRINKLER VALVE, COUPLING FOR PARKS 122754694-001 Invoice 09/29/2022 HOSES, BRASS PLUG CORED FOR PW HOSE REPAIRS 122895505-001 Invoice 09/29/2022 SCOOP SHOVEL FOR PUBLIC WORKS SHOP SO CA EDISON 09/29/2022 Virtual Payment 79.47 APA000813 SEP22 700163777874 Invoice 09/29/2022 ELECTRICITY-6145 CARPINTERIA AVE STAPLES ADVANTAGE 09/29/2022 Virtual Payment 1,398.43 APA000814 3517257103 Invoice 09/29/2022 ENVELOPES, INK FOR RECEPTION, PAPER, PENS 3517374017 Invoice 09/29/2022 CLR CLEANER FOR PUBLIC WORKS SHOP THE WHARF 09/29/2022 Virtual Payment 343.67 APA000815
385315 Invoice 09/29/2022 WORK BOOTS FOR PW SUPERVISOR
TIERRA CONTRACTING INC 09/29/2022 Virtual Payment 6,988.69 APA000816 10117 Invoice 09/29/2022 AUG22 CONSTRUCTION SERVICE FOR 2022 PAVEMENT REHAB TKM ENGINEERING 09/29/2022 Virtual Payment 7,417.50 APA000817

11.11 Invoice 09/29/2022 AUG22 DOWNTOWN PARKLET PERMIT PROGRAM SERVICES lill. Invoice 09/29/2022 AUG22 CITY TRAFFIC ENGINEERING STAFF AUGMENTATION 1113 Invoice 09/29/2022 AUG22 701 LINDEN AVE PLAN SET REVIEW 1114 Invoice 09/29/2022 AUG22 TRAFFIC SIGNAL TIMING SERVICES UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA 09/29/2022 Virtual Payment 274.09 APA000818 22·2300535 Invoice 09/29/2022 AUG22 CA STATE FEE FOR REGULATORY COSTS 820220157 Invoice 09/29/2022 SEP22 NEW TICKET CHARGES & DATABASE MAINTENANCE WEST COAST ARBORISTS INC 09/29/2022 Virtual Payment 16,281.20 APA000819 189739 Invoice 09/29/2022 TREE MAINTENANCE 08/16/22-08/31/22 WESTERN EXTERMINATOR COMPANY 09/29/2022 Virtual Payment 65.40 APA000820 26997453 Invoice 09/29/2022 SEPTEMBER 2022 PEST CONTROL AT VETS HALL WILLIAMS SCOTSMAN INC. 09/29/2022 Virtual Payment 937.52 APA000821 9014567341 Invoice 09/29/2022 JUL22 LEASE FOR PARK & REC MOBILE OFFICE 9015217257 Invoice 09/29/2022 SEP22 LEASE FOR PARK & REC MOBILE OFFICE ZWORLD GIS 09/29/2022 Virtual Payment 2,977.00 APA000822 2022-0302 Invoice 09/29/2022 SEP22 MAPPING/GIS SERVICES City of Carpinteria

COUNCIL AGENDA STAFF REPORT
October 10, 2022

ITEM FOR COUNCIL CONSIDERATION
Approval and adoption of Resolution No. 6164, declaring certain City-owned property/equipment as surplus assets and authorizing disposal.

STAFF RECOMMENDATION
Adopt Resolution No. 6164, declaring certain City-owned property/equipment as surplus assets and authorizing disposal.

Sample Motion: I move to adopt Resolution No. 6164, as read by title only, declaring certain City-owned property/equipment as surplus assets and authorizing disposal.

BACKGROUND/DISCUSSION
Inventory of certain City-owned property/equipment, as listed in Exhibit 1 of Resolution No. 6164, (Attachment A) have been designated for surplus. The City-owned property/equipment has reached a state of disrepair and/or has otherwise been deemed unsuitable for service. See Attachment B for photographs of the property/equipment.

The purpose of this agenda matter is for the City Council to adopt Resolution No. 6164, declaring certain City-owned property/equipment as surplus assets and authorizing disposal.

POLICY CONSISTENCY
Carpinteria Municipal Code Section 3.32.050 authorizes the City Manager, as purchasing officer, in part, to supervise the exchange or trade-in of all supplies and equipment that have become unsuitable for City use. The disposal of assets requires Council approval.

FINANCIAL CONSIDERATIONS
Any proceeds from the sale of surplus assets would be accounted for as revenue to the City's General Fund.

Declaration of City-owned Property/Equipment as Surplus Assets.

October 10, 2022

Page 2 ends

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is in accordance with Carpinteria Municipal Code Section

3.32.050 (Surplus supplies-Trade-ins authorized). Taking out of service and disposing of equipment that is no longer needed or in disrepair is consistent with the City's risk management interests.

OPTIONS

1. Approve and adopt the Resolution thereby declaring certain City owned equipment as surplus and authorizing its disposal. (Staff recommendation)

2. Do not approve the resolution and direct staff as determined appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A:

Attachment B:

Resolution No. 6164
Property/Equipment Photographs
Staff contact:

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

Licette Maldonado, Administrative Services Director
(805) 755-4448; [email protected]
Reviewed by:

Dave Durflinger, City Manager
(805) 755-4400; [email protected]
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ATTACHMENT A
Resolution No. 6164

THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6164

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA DECLARING CERTAIN CITY-OWNED

PROPERTY/EQUIPMENT AS SURPLUS ASSETS AND

AUTHORIZING DISPOSAL
WHEREAS, Each piece of City-owned property/equipment listed in Exhibit 1 to this Resolution has been determined to be inoperative, obsolete or otherwise no longer suitable for service; and
WHEREAS, Carpinteria Municipal Code Section 3.32.050 (Surplus supplies-Trade-ins authorized) authorizes the City Manager, as purchasing officer, in part, to supervise the exchange or trade-in of all supplies and equipment that have become unsuitable for City use.

NOW, THEREFORE, BE IT RESOLVED as follows:

The City Council declares said City-owned property/equipment listed in Exhibit 1 as surplus assets and authorizes the City Manager to dispose of such surplus assets.

PASSED, APPROVED AND ADOPTED on October 10, 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
Resolution No. 6164

Page 2 ends

I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on October 10, 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
Exhibit 1 to Resolution No. 6164

INVENTORY
Quantity Item Description Year License Plate No. Serial No. 1 Cart, Cushman Model No. 898532-8610 - - 1 CUNH2225GL006345 1 Ford Escape 2008 1258062 1 FMCU49H98KB66384
1 Loader, Ford 445D 1996 - -
1 Vessel, Hobie 2006 CF 4814XC CCMN2384L506
1 Trailer, Carnai Trailers Inc. 2006 1215352 5FMBS2L 1961607618 1 Trailer, MCT 1998 951821 1M9PG1514WV411041

ATTACHMENT B
Property/Equipment Photographs

THIS PAGE INTENTIONALLY LEFT BLANK
Q
uantity It
em Description Year License Plate No.

Serial No.
1 Cart, Cushman Model No. 898532-8610 -
1CUNH2225GL006345
Q
uantity It
em Description Year License Plate No. Serial No.
1 Cart, Cushman Model No. 898532-8610 - 1CUNH222SGL006345 Q
uantity It
em Description
Year License Plate No. Serial No.
1 Ford Escape
2008 1258062 1FMCU49H98KB66384
Q
uantity It
em Description
Year License Plate No.

Serial No.
1 Loader, Ford 445D 1996 - -
Q
uantity Item Description Year License Plate No. Serial No. 1 Trailer, MCT
1998 951821
1M9PG1514WV411041
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
October 10, 2022

ITEM FOR COUNCIL CONSIDERATION
Approval and Authorization to Execute a Mitigation Cooperative Agreement between the City of Carpinteria and the California Department of Transportation concerning the Highway 101 Carpinteria to Santa Barbara Project (Segment 4A).

STAFF RECOMMENDATION
Authorize the City Manager to execute the Mitigation Cooperative Agreement with the California Department of Transportation concerning the Highway 101 Carpinteria to Santa Barbara Project (Segment 4A).

Sample Motion: I move to approve and authorize the City Manager to execute the Mitigation Cooperative Agreement with the California Department of Transportation concerning the Highway 101 Carpinteria to Santa Barbara Project (Segment 4A).

BACKGROUND
On April 1, 2019, the Planning Commission adopted Resolution No. PC-19-005, approving a conditional use permiUcoastal development permit (CUP/CDP) for the Highway 101 Carpinteria to Santa Barbara Project (Segment 4A) (Permit No. 18-1920- CUP/CDP). In accordance with the CUP/CDP conditions of approval, Caltrans is required to provide certain improvements as mitigation measures from the project.

Furthermore, the CUP/CDP conditions of approval require the City and Caltrans to enter into a mitigation cooperative agreement that specify roles and responsibilities for such improvements.

The purpose of this agenda matter is for the City Council to approve and authorize the City Manager to execute the Mitigation Cooperative Agreement with Caltrans concerning the Highway 101 Carpinteria to Santa Barbara Project (Segment 4A) in accordance with CUP/CDP conditions of approval.

Mitigation Cooperative Agreement for Highway 101 Carpinteria to Santa Barbara Project (Segment 4A) October 10, 2022

Page 2 ends

DISCUSSION
The proposed Mitigation Cooperative Agreement, as shown in Attachment A, stipulates the following mitigation measures to be implemented by Caltrans:

1. Constructing improvements at the southbound Highway 101 on- and off-ramps at Bailard Avenue;

2. Constructing improvements at the northbound Highway 101 on- and off-ramps at Santa Monica Road;

3. Constructing improvements at the Via Real and Santa Monica Road intersection;

4. Construction improvements at southbound Highway 101 on- and off-ramps at Reynolds Avenue;

5. Constructing curb bulb-outs at the southeast and southwest comers of the Carpinteria Avenue and Reynolds Avenue intersection;

6. Constructing curb ramps at all corners of the Carpinteria Avenue and Reynolds Avenue intersection;

7. Installing crosswalks, street lighting, and flashing pedestrian crossing warning signs at the Carpinteria Avenue and Reynolds Avenue intersection;

8. Furnishing two (2) Stop Signs including posts, base, and mounting hardware for future conversion to a 4-Way Traffic control for the Carpinteria Avenue and Reynolds Avenue intersection; and

9. Paying lump sum funds in the amount of $34,257.37 for the annual intersection performance evaluation of the Carpinteria Avenue and Reynolds Avenue intersection for conversion to a 4-Way Traffic control.

Details of the roles and responsibilities of the City and Caltrans, respectively, are included in the Mitigation Cooperative Agreement.

POLICY CONSISTENCY
The Mitigation Cooperation Agreement is necessary in order to determine agency responsibilities for maintenance of certain improvements required as a part of Segment 4A of the Highway 1010 Carpinteria to Santa Barbara Project. The improvements benefit the Carpinteria community and may be found consistent with many policies of the Circulation and Open Space, Recreation and Conservation Elements of the City's General Plan and Local Coastal Plan. Specific policy consistency findings have previously been made by the City as a part of the project CUP/CDP conditions of approval.

Mitigation Cooperative Agreement for Highway 101 Carpinteria to Santa Barbara Project (Segment 4A) October 10, 2022

Page 3 ends

FINANCIAL CONSIDERATIONS
Approval of the Agreement will assign maintenance responsibilities to the City for certain of the improvements described. There is anticipated maintenance costs for said improvements in the City's right-of-way. However, these improvements are considered hard infrastructure (e.g., concrete curbs, gutters, and sidewalks; and signage) which inherently are low maintenance with long service life. The maintenance costs would be absorbed from the City's Gas Tax Fund, Measure A Fund, and Local Transportation Fund. The City is in receipt of the $34,257.37 for the annual intersection performance evaluation of the Carpinteria Avenue and Reynolds Avenue intersection.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The recommendation is in accordance with Condition of Approval No. 3.D of the CUP/CDP. The legal counsels of both the City and Caltrans prepared the draft Mitigation Cooperative Agreement.

OPTIONS

1. Authorize the City Manager to execute the Mitigation Cooperative Agreement with the California Department of Transportation concerning the Highway 101 Carpinteria to Santa Barbara Project (Segment 4A). (Staff recommendation)

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

PRINCIPAL PARTIES EXPECTED AT MEETING
David Emerson, Project Manager, California Department of Transportation

ATTACHMENTS
Attachment A: Mitigation Cooperative Agreement
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
Mitigation Cooperative Agreement
EA No. 05-0N701
EFIS No. 0518000112
Cooperative Agreement No. 05-0354
05-SB-l 0 1-1.4/4.8

MITIGATION COOPERATIVE AGREEMENT
This "AGREEMENT," ENTERED INTO EFFECTIVE on , 1s
between the ST A TE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "CAL TRANS," and the CITY OF CARPINTERIA, referred to herein as "CITY."

RECITALS

1. CAL TRANS and CITY, herein referred to collectively as "PARTIES" and individually as "PARTY," are authorized to enter into this AGREEMENT pursuant to Streets and Highways Code sections 114 and 130.

2. CAL TRANS intends to construct improvements in Santa Barbara County, in the City of Carpinteria, from 0.2 miles south of Bailard Avenue to 0.7 miles south of S. Padaro Lane, referred to hereinafter as "PROJECT."

3. As part of construction of PROJECT, CAL TRANS is required to conduct intersection/ramp improvements at Southbound Bailard Avenue Ramps, Northbound Via Real/Santa Monica Road Ramp/Intersection, and at the Southbound Reynolds A venue Ramps.

4. Pursuant to the California Coastal Act, CAL TRANS received a Conditional Use Permit/Coastal Development Permit (18-1920-CUP/CDP), dated April I, 2019, for PROJECT, referred to herein as "CDP" and incorporated herein as Exhibit A.

5. CAL TRANS desires to satisfy Condition 3.D(c) of the CDP, referred to herein as "CONDITION."

6. CAL TRANS has partially satisfied CONDITION by constructing curb bulb-outs at the southeast and southwest intersection comers, curb ramps at all intersection corners, crosswalks, street lighting that illuminates the crosswalk areas, and flashing pedestrian crossing warning signs which are required for conversion from a 2-Way Stop Sign control to a 4-Way Traffic control intersection.

7. C/\L TRANS has partially satisfied CONDITION, by providing the CITY with a total quantity of two (2) Stop Signs including posts, base, and mounting hardware for future installation to allow conversion of the intersection to a 4-Way Traffic control.

8. CAL TRANS desires to satisfy the remaining obligations of CONDITION, by providing a lump sum payment as required in Exhibit A to the CITY not later than construction completion of PROJECT. The lump sum payment shall cover the costs for an annual intersection performance evaluation by CITY from anticipated construction completion

Page 1 of 7 ends

EA No. 05-0N701
HIS No. 0518000112
Cooperative Agreement No. 05-0354
05-SB-101-1.4/4.8
of PROJECT (approximately 2023) through the Year 2040 (cumulative traffic analysis model year), or until the decision is made to convert the intersection to a 4-Way Traffic control.

9. PARTIES have determined that the total cost of satisfying CONDITION is $34,257.37.

10. PARTIES now define the terms and conditions under which this AGREEMENT will be implemented as follows:

SECTION I
CITY AGREES:

1. To assist CAL TRANS by satisfying CONDITION.

2. To perform all work, either by CITY or performed on CITY's behalf, in accordance with all applicable state and federal laws, regulations, policies, procedures, and standards.

3. To obtain any and all environmental approvals and/or resource agency agreements, permits and/or approvals required to satisfy CONDITION and to fully comply with any terms and conditions thereof.

4. To use one hundred percent ( I 00%) of CAL TRANS' funds provided pursuant to this AGREEMENT, in order to satisfy CTTY's obligation and responsibilities set forth in this AGREEMENT.

5. That as required by CONDITION, CAL TRANS has provided CITY with a total quantity of two (2) Stop signs including posts, base, and mounting hardware for future installation to allow conversion of the intersection to a 4-Way Traffic control.

6. To assist CAL TRANS in fulfilling CONDITION by conducting annual intersection performance evaluation and submit annual peak hour(s) count data to CAL TRANS, within thirty (30) days of the date(s) the data is collected.

Data must be sent to: Cal trans District 5, Office of Traffic Operations CAL TRANS, District 5
50 Higuera Street
San Luis Obispo, CA 93401

7. To submit an invoice to CAL TRANS, within thirty (30) days of the execution date of this AGREEMENT, in the amount of $34,257.37, which amount represents CAL TRANS' total financial obligation as set forth in this AGREEMENT.

Page 2 of 7 ends

EA No. 05-0N70 I
EFIS No. 05I8000112
Cooperative Agreement No. 05-0354
05-SB- l 0 1-1.4/4.8
Billing must be sent to: David Emerson, Project Manager CAL TRANS, District 5
50 Higuera Street
San Luis Obispo, CA 93401

8. When work falls within the Labor Code§ 1720(a)(l) definition of"public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code§ 1771, PARTIES will conform to the provisions of Labor Code§§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.

If work is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

9. When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. Work performed by a PARTY's employees is exempt from federal prevailing wage requirements.

Page 3 of 7 ends

EA No. 05-0N701
Er!S No. 0518000112
Cooperative Agreement No. 05-0354
05-SB-101-1.4/4.8

SECTION II
CALTRANS AGREES:

1. To issue encroachment permits, at no cost to CITY.

2. To pay CITY within forty-five (45) calendar days of receipt of CITY's signed invoice, the amount of$34,257.37, which represents CALTRANS' total financial obligation as set forth in this AGREEMENT.

SECTION HI
IT IS MUTUALLY AGREED:

1. All obligations of CAL TRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, State Budget Act authority and the allocation of funds by the California Transportation Commission (CTC).

2. All applicable laws, rules and policies relating to the use of federal or state funds shall apply notwithstanding other provisions of this AGREEMENT.

3. The PARTY that discovers hazardous material (HM) as part of PROJECT construction will immediately notify the other PARTY to this AGREEMENT. HM- I is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by CONDITION or not. HM-2 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed by CONDITION. Management activities associated with either HM-1 or HM-2 include, without limitation, any necessary manifest requirements and designation of disposal facility.

4. CAL TRANS, independent of CONDITION, is responsible for any HM-I found within existing State Highway System (SHS) right of way. CAL TRANS will undertake, or cause to be undertaken, HM-I management activities with minimum impact to PROJECT schedule and will pay, or cause to be paid, all costs associated with HM-1 management activities.

5. CAL TRANS has no responsibility for management activities or costs associated with HM-1 found outside the existing SHS right of way. If HM-I is found outside existing SHS right of way, under state and federal law, responsibility for such HM-I rests with the owner(s) of the parcel(s) on which the HM-I is found. IfHM-1 is found outside the existing SHS right of way, PARTIES will reassess the feasibility of the CONDITION and mutually agree on a course of action prior to the commencement of any additional work.

Page 4 of 7 ends

EA No. 05-0N70 I
EFIS No.0518000112
Cooperative Agreement No. 05-0354
05-SB-l O 1-1.4/4.8

6. CITY is responsible for the management of any HM-2 related to satisfying the CONDITION found on CITY property. CITY may use up to 5% of the funds already obligated by CAL TRANS under this AGREEMENT for the costs associated with HM-2 management activities. However, CAL TRANS is not responsible to pay any additional money to CITY for these costs.

7. CAL TRANS' acquisition of or acceptance of title to any property on which any HM is found will proceed in accordance with CAL TRANS' policy on such acquisition.

8. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CAL TRANS and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CAL TRANS under this AGREEMENT. It is understood and agreed that CAL TRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CAL TRANS and/or its agents under this AGREEMENT.

9. Neither CAL TRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law will defend, indemnify, and save harmless CAL TRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, subcontractors, and/or its agents under this AGREEMENT.

10. In the event of any breach of this AGREEMENT by either PARTY, the other PARTY may enforce this AGREEMENT by any means available at law or in equity. In the event of litigation mediation or arbitration to resolve any breach of or dispute related to this AGREEMENT, each PARTY agrees to pay for their own attorneys' cost and expenses without regard to who prevails.

11. A failure by either PARTY to enforce any provision of this AGREEMENT shall not be construed as a continuing waiver, or as a waiver of the right to compel enforcement of that provision.

12. This AGREEMENT may be executed by wet-ink signature, electronic signature or pdf signature and said signatures shall be binding all PARTrES. Further, the PARTIES agree that this AGREEMENT may be executed in several counterparts and all counterparts so executed shall constitute one agreement that shall be binding on all PARTIES,

Page 5 of 7 ends

EA No. 05-0N70 I
EFIS No. 0518000112
Cooperative Agreement No. 05-0354
05-SB- l 0 1-1.4/4.8
notwithstanding that all the PARTIES are not signatory to the original or the same counterpart.

13. If any 'provision of this AGREEMENT is held invalid, the other provisions shall not be affected thereby.

14. No alteration or variation of the terms of this AGREEMENT shall be valid unless made by a formal amendment executed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

15. Nothing within the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT or to affect the legal liability of either party to the AGREEMENT by imposing any standard of care different from the standard of care imposed by law.

16. This AGREEMENT shall terminate upon CAL TRANS' written acceptance that CITY has satisfied CONDITION, however all indemnification, claims, environmental, legal challenge, operation, maintenance, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement.

Page 6 of 7 ends

EA No. 05-0N701
EFIS No. 0518000112
Cooperative Agreement No. 05-0354
05-SB-l O 1-1.4/4.8

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STA TE OF CALIFORNIA
Department of Transportation

CITY OF CARPINTERIA
By: --------------
TIMOTHY M. GUBBINS
District Director
Approved as to form and procedure:

Attorney
Department of Transportation
By: _
Dave Durflinger
City Manager
Approved as to form:

Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP
Certified as to budgeting of funds:

Cheryl Berry
District Budget Manager
Certified as to financial terms and
policies:

Nadine Karavan
Accounting Administrator
Pag·e 7 of 7
CITY of CARPINTERIA, cAuFoRNIA
April 3, 2019
Jason Wilkinson, Project Manager, Caltrans via email
Re: Notification of Planning Commission Action
Carpinteria Portion (Segment 4A) of Highway 101: Carpinteria to Santa Barbara Project No. 18-1920-CUP/CDP]
Dear Mr. Wilkinson:

On April 1, 2019, the Planning Commission took action on the following item:

Request by the California Department of Transportation (Co/trans) to construct High Occupancy Vehicle (HOV) lanes within the existing right-of-way along a 3.2-mile segment of US 101 between the vicinity of Bailard Avenue (PM 1.4) in Carpinteria to the western City boundary (PM 4.59), including replacement of the US 101 freeway bridges over Franklin and Santa Monica Creeks.

The Planning Commission approved the project with the following revision to the last sentence of Condition 3.D.c:
... Ca/trans shall also provide lump sum funding to the City not later than construction completion to cover the costs for an annual intersection performance evaluation from anticipated construction completion (approximately 2023) through the Year 2040 (cumulative traffic analysis model year), or until the decision is made to convert the intersection to a 4-Way Step Sign Traffic control.

This decision to approve the project is appealable to the City Council. The appeal period is ten days commencing on April 2, 2019 and ending on April 11, 2019 at 5:00 p.m. The project approval is also subject to a 10-working day CCC appeal period which commences after the 10-day local appeal period has expired. No appeal fee is required for projects located within the CA Overlay.] Conditions of Approval for the project are attached to this letter for your records. A separate copy of the last page of the Conditions of Approval is also attached. Please sign and return this page to the Community Development Department. Should you have any questions or need further information regarding this action letter or the project, please contact me at (805) 755-4414.

Sincerely,
~
Commu
§
nity De
~
velopment Department
Attachment: Conditions of approval
S77S CARPINTERIA AVENUE• CARPINTERIA. CA 930\3-2603 (805) 684-S405 • FAX (805) 684- S304 www.carpinteria.ca.us
EXHIBIT 1
ATTACHMENT C: CONDITIONS OF APPROVAL

PLANNING COMMISSION HEARING
PROJECT NO. 18-1920-CCJP/CDP
Segment 4A of the Highway 101: Carpinteria to Santa Barbara Project April l, 2019
The Conditions of Approval set forth in this permit affect the title and possession of the real property which is the subject of this permit and shall run with the real property or any portion thereof. All the terms, covenants, conditions and restrictions herein imposed shall be binding upon and inure to the benefit of the owner (applicant, developer), his or her heirs, administrators, executors, successors and assigns. Upon any sale, division or lease of real property, all the conditions of this permit shall apply separately to each portion of the real property and the owner (applicant, developer) and/or possessor of any such portion shall succeed to and be bound by the obligations imposed on the owner (applicant, developer) by this permit.

1. Permitted Development. The development approved by the Planning Commission on April 1, 20 l 9 is limited to the Segment 4A of the Highway IO I: Carpinteria to Santa Barbara Project ( 18-1920 .. CUP/CDP), consisting of the improvements shown on the plans and written project description and the conditions of approval on tile at the City of Carpinteria, subject to further City review and approval as detailed below.

As a condition of project approval, the following project elements and variations shall be incorporated into proposed plans and the project description and detailed more specifically subject to approval of the Community Development Director in consultation with the Public Works Director as follows:

A. Overhead Utilities: Existing overhead utilities shall be removed or shall be placed underground consistent with preliminary plans contained in Exhibit 1, Attachment 8-5, subject to the following refinements.
a. location 1 - As illustrated, the existing overhead line crossing the US 101 corridor shall be removed or placed underground. Also as illustrated, the existing overhead line on the west (south) side of Via Real from north of Via El Rincon to the unnamed dirt road south of Via Linda shall be placed underground. In addition, Caltrans shall work with the City and utility providers to explore funding options to underground the remaining approximately 330 feet southward (eastward) of this overhead line that is situated on the western (southern) side of Via Real (the existing overhead line crosses to the eastern (northern) side of Via Real at this point, substantially reducing the visibility of this feature for US 10 l travelers). b. Location 2 - As illustrated, the existing overhead lines around the western (southern) end of Cramer Circle shall be placed underground, reducing the number of overhead facilities visible from US 10 I.
c. Location 3 - As illustrated, the existing overhead line crossing the US 10 l corridor shall be placed underground. Also as illustrated, the existing

CONDITIONS OF APPROVAL
I lighway IO I: Carpinteria lo Santa Barbara Segment 4 i\ April I, 2019 (18-1920-CUl'/CDP)

Page 2 ends

overhead lines intersecting at points above and adjacent to the Via Real/Santa Monica Road intersection shall be placed underground. In addition, Caltrans shall work with the City and utility providers to explore funding options lo underground the remaining approximately 3,000 feet northward (westward) of this overhead line that is situated on the western (southern) side of Via Real from the existing Chevron gas station location to Cravens Lane (the existing overhead line crosses to the eastern (northern) side or Via Real at this point, substantially reducing the visibility or this feature for US I 01 travelers).
d. location 4 - As illustrated, the existing overhead lines around the eastern (northern) end of Plum Street shall be placed underground, reducing the number of overhead facilities visible from US l0l.
e. Location 5 - As illustrated, the existing overhead line crossing the US l 0 l corridor shall be removed or placed underground, thus removing this overhead facility from S 101 traveler views.
f. Location 6- As illustrated, the existing overhead line crossing the US 101 corridor shall be placed underground. Also as illustrated, the existing overhead lines along the western (southern) side of the southbound Carpinteria Avenue off-ramp shall be placed underground, removing this overhead facility from US 101 traveler views.

B. Sou11d111al/.\': The project includes installation of up to twelve sound wall segments, as described below. The entire exposed face of sound walls shall be clad or constructed of a split-face texture and climbing vines shall be planted and maintained in accordance with the Project 4A Planting Concept (Exhibit I, Attachment B-3) to soften the sound wall appearance as well as to provide a graffiti deterrent. Sound wall installation shall be consistent with preliminary locations illustrated in layout sheets (Exhibit I, Attachment 8-1) and in accordance with the preliminary dimensions detailed below.
a. Soundwall SWJ - Located along the south (west) side of Via Real from east of Via Linda lo cast of Carpinteria Creek, as illustrated on Layout L-3 and L4. Total wall length of 1,710 feet and average height of 16 feet. b. Soundwall SW2A - Located along the south (west) side of Via Real from Franklin Creek to east of Santa Ynez ;\ venue, as illustrated on Layout L- 7.

Total wall length of 136 feet and average height of 11 feet. c. Soundwall SW2B - Localed along the south (west) side of Via Real from west of Santa Ynez Avenue to east of Santa Monica Road, as illustrated on Layouts L-8 and L-9. Total wall length of l, 729 feet and average height of 14 feet.
d. Soundwall SW3A - Located along the south (west) side of Via Real from east of Santa Y ncz A venue to cast of Santa Monica Creek, as illustrated on Layout L-9. Total wall length of 453 feet and average height of 12 feet. e Soundwall SW3B - Located along the south (west) side or Via Real over Santa Monica Creek, as illustrated on Layout L-9. Total wall length or307 feet and average height of 12 feet.

CONDITIONS OF APP ROY Al,
Highway IO I: Carpinteria to Santa Barbara Segment 41\
April I, 2019 (IR-1920-CUP/CDP)

Page 3 ends

f. Soundwall SW3C- Located along the south (west) side of Via Real west (north) of Santa Monica Creek, as illustrated on Layout L-9. Total wall length of 191 feet and average height of 13 feet.
g. Soundwall SW4A - Located along the southern (western) edge of the US IO l southbound travel lanes, from west (north) of Santa Monica Creek to Santa Ynez Avenue, as illustrated on Layout L-9. Total wall length or 523 feet and average height of 14 feet.
h. Soundwall SW4B - Located along the southern (western) edge of the US IO l southbound travel lanes, over Santa Monica Creek, as illustrated on Layout L-9. Total wall length of 192 feet and average height or IO feet

1. Soundwall SW4C- Located along the southern (western) edge of the US IOI southbound trawl lanes, from west (north) of Santa Monica Creek to west (north) of Plum Street, as illustrated on I .ayouts L-10 and L-1 I. Total wall length of l ,524 feet and average height of l 4 feet.

J. Soundwall SW5A - Located along the south (west) side or Via Real from west (north) of Kim Market Drain lo the east (south) end of Franciscan Courts development, as illustrated on Layout L-11. Total wall length of 4 l 5 feet and average wall height of l 6 feet.
k. Soundwall SW5B - Located along the south (west) side of Via Real along Franciscan Courts development, as illustrated on Layout L-11. Total wall length of 440 feet and average wall height of 16 feet.

I. Soundwall SW6 - Located along the south (west) side of Via Real from west (north) of Cravens Lane to the west (north) end of the mobile home park, as illustrated on Layouts L-11 and L-12. Total wall length of 786 feet and average wall height of 15 feet.

C. Temporary Construction Stagi11g Areas: The applicant shall submit to the Public Works Director for approval, any areas intended for temporary staging of construction equipment and materials which are proposed to be located outside of the US 101 right-of-way.

D. Road Surfacing: Road surfacing shall be made as smooth as possible and lowernoise surfacing materials and construction techniques such as a continuous concrete pour surface shall be utilized to minimize long-term noise and vibration effects.

E. Construction Storm Water Pollution Prevention: In order to provide compliance with relevant Coastal Plan policies, the following measures shall be implemented during project construction:
a. Erosion and sediment prevention and control BMPs, both structural and nonstructural, such as:
• Stabilize disturbed areas with vegetation, mulch, geotextiles or similar method;
• Trap sediment on site using fiber rolls, silt fencing, sediment basin or similar method;
• Ensure vehicles on site are parked on areas free from mud; monitor site entrance for mud tracked off-site;
CO, DI flONS 01-' APPROVAL
Highway IO I: Curp intcria lo Santa Barbara Segment 4A
April I, 2019 (IX-1920-C'Ul'/ClJP)

Page 4 ends

• Prevent blowing dust from exposed soils.
b. BMPs to provide adequate sanitary and waste disposal facilities and prevent contamination of runoff by construction chemicals and materials, such as:
• Control the storage, application and disposal of pesticides, petroleum and other construction and chemical materials;
• Site washout areas more than fifty feet from a storm drain, open ditch or surface water and ensure that runoff flows from such activities do not enter receiving water bodies;
• Provide sanitary facilities for construction workers; • Provide adequate disposal facilities for solid waste produced during construction and recycle where possible.

2. Plan Review and Approval by City. At several steps in the development of the improvement and construction plans, the project shal I be subject to further review and approvals from City Departments and other agencies (e.g., Carpinteria-Summerland Fire Protection District). Cal trans shall submit design plans for the Segment 4A of the Highway IO I: Carpinteria to Santa Barbara Project on State of California plan format for City approval at the following intervals: 95% completion plans prior to release of bid specifications to contractors and.final plans prior to commencement of construction.

3. 95% Project Plans. The following plans and information shall be submitted to the City prior to or concurrently with submittal of 95% Completion Project Plans for City review and approval by the Community Development Director in consultation with the Public Works Director prior to release of construction bid specifications and prior to the commencement of any construction activities.

A. Storm Water Quality Measures. Storm water treatment system details shall be submitted for approval by the Public Works Department. Plans shall identify and describe the proposed storm water treatment methods and devices to be installed for treating runoff from the HOV lane additions, including any new drains installed as part of the project. Storm water treatment devices shall consist of vegetated strips or bioswales or equivalent. The treatment devices shall meet the requirements of Caltrans' approved N PDES permit or the Central Coast Post-Construction runoff controls .

Plans submitted for approval shall include all systems, including vegetated swalcs, filters, detention ponds, trash racks, interceptors, etc. Plans shal I show any proposed connections or upgrades to the City storm drain system on drainage plans, flow conveyance systems (ditches, dikes, berms and swalcs), energy dissipaters, bard surface for slope protection systems, vegetated systems and shall preserve existing vegetation wherever possible. Permanent srormwater systems shall be demonstrated to comply with post-construction coastal water quality standards contained in the Transportation Corridor Wetland Overlay district (Development Standard #5).

B. Utility Relocation Plans. Final plans addressing the relocation of utility in lrastructure as currently illustrated in Exhibit I, Attachment 8-S, including the undergrounding of overhead utilities, shall be submitted for City review and approval.

C. Drainage Plans. Final drainage design and calculations shall be submitted for City review and approval for all drainage improvements, and shall reflect all upgrades to existing infrastructure required by additional flows. Construction of any new culverts CONDfTIONS OF APPROVAL
Highway 10 I: Carpinteria to Santa Barbara Segment 41\
April 1, 2019 ( 18-1920-CUP/CDP)

Page 5 ends

shall commence at the most downstream end and may be completed in phases according to the overall construction schedule. Provide Storm Water Pollution Prevention Plan (SW PPP) requirements to bidders for proposed construction prior to accepting bids.

D. Agency Cooperative Agreements - Pre-Construction. Provide one or more (as necessary relative to participating agency responsibilities and/or funding sources) executed Agency Cooperative Agreements (Cooperative Agreements) between Cal trans, SBCAG, City of Carpinteria and/or any other entities carrying forward the project, setting forth pre-construction activities affecting City streets and facilities related to the subject project, including responsibility for environmental permitting. project design, drainage considerations, coordination of City permits for improvements (encroachments) located outside of the Highway IOI corridor, relocation of existing utilities, provision for any applicable foes, identification of any required project construction staging areas specifically located on City-owned properties and rights of ways, if any, and other essential clements. Specifically, the appropriate Cooperative Agreemcnt(s) shall include ramp/intersection improvements required to mitigate significant impacts identified in the Final Revised EIR, and the Cooperative Agreements shall set a schedule and specify responsibilities for funding and constructing improvements. The required intersection/ramp improvements include the following.
a. Southbound Bailard Avenue Ramps - Caltrans shall install and maintain 4-Way Stop Sign control at the southbound on-/off-ramps at Bailard Avenue as part of project construction.
b. Northbound Via Real/Santa Monica Road Ramp/Intersection - Caltrans shall install traffic signals and reconstruct/reconfigure each intersection approach leg with a through-right turn lane and dedicated left-turn lane at the northbound on- /off-ramps at Via Real/Santa Monica Road Intersection as part of project construction.
c. South hound Reynolds Avenue RamJJS -· Caltrans shall construct curb bulb-outs or extensions at the southeast and southwest intersection corners, curb ramps at all intersection comers, crosswalks, street lighting that illuminates the crosswalk areas, and flashing pedestrian crossing warning signs in conjunction with 2-Way Stop Sign control at the Reynolds Avenue/Carpinteria Avenue intersection as part of project construction. At the time of construction, Caltrans shall provide a total quantity of two (2) each Stop Signs including posts, base, and mounting hardware for future installation to al low potential conversion of the intersection to an all-way Stop Sign control. Caltrans shall also provide lump sum funding to the City not later than construction completion to cover the costs for an annual intersection performance evaluation from anticipated construction completion (approximately 2023) through the Year 2040 (cumulative traffic analysis model year), or until the decision is made to convert the intersection to a 4-Way Traffic control.

E. Right of Way Map(s) and Actions. Provide copies of Right-of-Way Record Maps showing data applicable to the project area as necessary to verify location of Cal trans rights-of-way, City rights-of-way and any affected adjacent properties (in lieu of preliminary title reports). Depict locations of City's affected streets adjacent to the Highway IO l: Carpinteria to Santa Barbara Segment 4A Project on all plans (i.e., Layout plans, Drainage plans, Utility plans, etc.).

CONDITIONS or: APPROVAL
Highway IO I: Carpinteria to Santa Barbara Segment 4A
April I, 20 PJ ( 18-1920-ClJP/CDP)

Page 6 ends

F. Recycling Plan. Submit to the Public Works Director for approval a waste reduction plan including a completed Construction and Demolition Waste Diversion Plan that demonstrates how at least 65% of the project demolition and construction process waste will either be re-used or recycled.

G. Construction Traffic Management Plan. Provide a detailed construction traffic management plan for review by Public Works and Community Development and the Carpinteria-Summerland Fire Protection District and the Santa Barbara County Sheriffs Department, and obtain approval by the Community Development Director in consultation with the Public Works Director The plan shall identify:
a. Construction Phases. Project construction stages and work included. b. Staging and Parking Area. Equipment staging, materials storage and construction worker parking areas.
c. Truck Routes. Construction truck routes to minimize noise and traffic effects to residential neighborhoods.
d. Ramp Closures and Detours. Any proposed closure of the Bailard Avenue, Reynolds Avenue, Via Real and/or Rincon Road/Hwy 150 access ramps, by construction stage.
e. fugns and Traffic Control Measures. Signage and other planned temporary traffic control measures, by construction stage.

Specific measures to be taken to reduce traffic effects shall be identified, including:
r. Public Awareness. A program for public awareness and outreach to citizens, commuters, property owners, businesses, residents, and agencies affected by project construction;
g. Maintenance of Access. Plans for providing access to businesses, coastal dependent uses and recreational uses during construction; h. Motorist Information Measures.

1. Traffic Regulations Enforcement/Incident Res onse Measures. Funding shall be prov idcd by Caltrans to reimburse the City for costs related to enforcement of traffic regulations and traffic management activities on local streets caused by short-term construction-related circulation impacts, as well as for incident response on local streets. Caltrans, SBCAG, and City staff will need to refine expectations for when local enforcement would be needed, and associated costs for this item, prior to commencing construction and to be included in one of the aforementioned cooperative agreements. Within the US IO 1 mainline R-O-W, enforcement and incident response obligations would be fulfilled by the California Highway Patrol.

J. Alternative Transportation and TDM. Incentives and other measures to increase use of alternative modes of transportation, flexible hours, and transportation demand management to minimize traffic effects of' project construction. k. Coordination and Reporting. A program for ongoing reporting and coordination with the City and other affected agencies throughout the project construction process.

H. Long-Term Impact Mitigalion Measures: The applicant shall submit the following information describing long-term mitigation measures required in the Certified EIR and/or included in the approved Project Description:

CONDI l"IONS OF APPROVAL
I lighway IO I: Carpinteria 10 San la Barbara Segment 4A April I, 20 l 9 ( 18-1920-ClJPiCDP)

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a. Transporlation/Pcdcstrian Facilities. Submit final plans that demonstrate proposed modifications to pedestrian facilities associated with ramp improvements at Reynolds Avenue/Carpinteria Avenue, Via Real/Santa Monica Road, and Bailard A venue Southbound would comply with the Americans with Disabi I ities Act.

Plans should also indicate that all existing pedestrian facilities would be retained or replaced as needed. [Mitigation - Final Revised EIR Section 2.1. I 1 b. Visuals. Submit final plans that demonstrate incorporation of split-face textures on all exposed surfaces of retaining walls and sound walls, sandstone coloring for median barriers and median planters, open railing for main-line bridges, and the placement of any traffic management components in the least obtrusive locations possible and colored to reduce visibility. Final landscaping plans shall also be submitted for City approval, and shall be in compliance with the conceptual landscape plans approved by A RB on October 11, 2018. Final plans illustrating the removal or undergrounding of existing overhead utilities to comply with Exhibit I, Attachment 13-5 shall also be submitted to the City for approval. [Mitigation - Final EfR/EA Section 2.1.61
c. l lazardous Waste. Submit lo the City hazardous waste/materials sampling and laboratory analytical results, and evidence of compliance with the Department of Toxic Substances Control issued variance that allows Caltrans to reuse leadcontaminated soil within the state highway corridor in accordance with the conditions of the variance. Plans should demonstrate that aerially deposited lead contaminated soil would only be used in the construction of new on-ramps and off .. ramps or for the widening of fill sections. [Mitigation -- Final ElR/EA Section

2.2.S]
cl. Geology. Submit to the City final plans indicating all new cut slopes would be excavated with slopes of 2: I or flatter whenever feasible, with any affected existing paved top-of-cut ditches to be replaced in kind. Plans must also demonstrate new embankments and widened embankments would be built with slopes of 2: I or flatter if feasible. Any proposed slopes to be constructed with steeper profiles must include certification they would meet geotcchnical unit specifications. [Mitigation - Final EIR/EA Section 2.2.3J e. Road Surfacing. The applicant shall submit information demonstrating how road surfacing shall be made as smooth as possible to minimize long-term noise and vibration impacts (continuous pour concrete surface), as well as incorporation of noise-reducing surface treatment for the project to minimize noise and vibration effects .. [Mitigation - Final EIR/EA Section 2.2.7]
f. Biological Habitat. The applicant shall submit detailed restoration plans which will achieve mitigation of project impacts upon biological habitat areas at the following minimum ratios, in accordance with the development standards contained in the proposed Transportation Corridor Wetland Overlay district (Development Standard #3). Adverse direct impacts shall be mitigated at a ratio of 4: I for natural wetland areas, including salt marsh and wetlands associated with creeks. Adverse direct impacts to riparian habitats shall be mitigated at a ratio of 3: I. Adverse direct impacts to created wetlands (low functioning wetlands associated with highway infrastructure) shall be mitigated at a ratio of 3: I. Indirect impacts lo wetlands, such as development in wetland buffer areas, shall be mitigated by enhancing (e.g., invasive species removal, native screening CONDITIONS OF APPKOV Al.

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vegetation, planting appropriate native species, water quality improvement, sound reduction) all portions of the remaining (undeveloped) wetland buffer area within I 00 feet of the impacted wetland. Temporary direct and indirect impacts to wetlands and riparian habitat shall be mitigated at a ratio of I: 1. [Mitigation-· Final El R/EA Section 2.3 .2J
g Native Oaks. The applicant shall submit final planting plans demonstrating compliance with the EIR mitigation for native oak trees, which requires Impacts to native oak trees greater than 6 inches diameter at breast height be offset by replacement planting within the project limits. Replacement plantings shall be achieved using a 3: l ratio for each tree removed .. [Mitigation - Final EIR/EA Section 23. I ]
h. Stormwater Oualitv. The applicant shall submit plans and information demonstrating compliance with the post-construction coastal water quality standards contained in the proposed Transportation Corridor Wetland Overlay district (Development Standard 115) . [Mitigation - Final EIR/EA Section 2.2.21

1. Coastal Access and Recreation. As required under the approved Local Coastal Plan Amendment (LCPA) which addresses US 10 I improvements within Carpinteria, the Coast Bike Route shall be constructed no later than the completion of construction for Segment 4A.

J. Soundwalls. The applicant shall submit information demonstrating soundwall construction in the locations indicated in project description and illustrated in layout sheets (Exhibit I, Attachment B-1 ), including length, height, and surface materials, for any soundwalls approved for installation by necessary resident voting. [Mitigation·· Final EIR/EA Section 2.2.7.J
k. Ramps/Intersections Improvements. The applicant shall submit information detailing the final plans for 4-Way Stop Sign installation at the southbound on- /off-ramps at Bailard Avenue; for the installation of curb bulb-outs or extensions, crosswalks, street lighting that illuminates the cross-walk areas, and flashing pedestrian crossing warning signs to accompany the 2-Way Stop Sign installation at the southbound on-/off-ramps at Reynolds Avenue/Carpinteria Avenue; and, for the ins ta I lat ion of traffic signals and reconfiguration of each intersection approach leg with a through-right turn lane and dedicated left-turn lane at the northbound on-/off-ramps at Via Real/Santa Monica .. [Mitigation - Final Revised EIR Section 2.1.1 j
I. Mitigation Compliance, Monitoring and Reporting Requirement. The applicant shall submit lo the Community Development Director a monitoring program for the project's mitigation measures as identified in the Certified Final EIR/EA and Certified Final Revised EIR, approved Project Description and Conditions of Approval for review and comment. (In accordance with Condition 3.IJ.c, the City of Carpinteria will conduct annual monitoring of intersection performance at the Reynolds Avenue/Carpinteria Avenue intersection to determine when mitigation will be applied). A Project Environmental Coordinator (PEC) and mitigation monitors responsible for permit compliance monitoring shall be retained and paid for by the applicant. The mitigation monitoring program shall include, but not be limited to:
a. Mitigation Measures. A list of the project's mitigation measures.

CONDIT[ONS OF APPROVAi.
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b. Implementation of Mitigation. Timing and party responsible for implementation of each mitigation measure.
c. Mitigation Monitoring. Timing and party responsible for monitoring of each mitigation measure and a list of mitigation monitors to be retained. d. Mitigation Reporting. Procedures liming and responsible party for reporting to the City on project mitigation compliance and monitoring.

J. Project Environmental Coordinator Required; Monitoring/Reporting, A qualified representative for the applicant shall be designated as the Project Environmental Coordinator (PEC). The PEC shall be responsible for ensuring full compliance with the provisions of the Mitigation Monitoring and Reporting Program. The PEC shall have authority over all other monitors. The applicant shall submit the name and qualifications of the PEC and obtain approval from the Community Development Director prior to commencement of construction.

K. Archaeologist and Native American Monitors. Submit to Community Development Director for approval the names of archaeologists and Native American monitors for the project who are familiar and experienced with local archaeological conditions.

Monitors shall he approved by the City prior to commencement of construction.

L. Filla/ Dust Control Plan. Submit final construction dust control plan that incorporates EIR mitigation measures and includes complaint resolution procedures and reporting structure, along with SBC/\PCD comments, for approval by the City.

4. Final Plans. Prior to final approval for project site preparation, earthwork or construction, the applicant shall submit final project construction plans and the following, or evidence of completion of the following, to City Departments for approval by the Community Development Director in consultation with the Public Works Director:

A. Fire District/Sherif's Department Notification. The Fire District and Sheriff's Department shall be contacted prior to ramp or lane closures and/or circulation alterations and restrictions. A final construction Traffic Management Plan (TMP) with projected dates including closures and restrictions of ramps and lanes shall be provided to the Fire District and Sheriffs Department for review and approval.

B. Agency Cooperative Agreements. Prior to commencement of project construction, the applicant shall obtain City approval of an Agency Cooperative Agreements for the project.

C. Pre-Construction Conference. Prior to commencement of construction, a preconstruction conference shall be held by the General Contractor to include construction processes and environmental mitigation and monitoring. The conference shall include representatives from Public Works, Fire District, Sheriff's Department, Community Development, Project Engineer, Landscape Architect, Contractor and Subcontractorfs), Project Environmental Coordinator, Archaeologist and Mitigation Monitors.

5. Construction Mitigation. The following measures shall be implemented by the applicant during project site preparation, demolition, grading and/or construction processes to mitigate environmental effects. Mitigation monitoring and reporting shall be implemented in accordance with the City-approved plan.

A. Temporary Construction Staging Areas: Temporary staging of construction equipment and materials outside of the Caltrans ROW shall be restricted to locations CONDITIONS or APPROVAi.

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approved by the Public Works Director. Staging areas shall be screened to the maximum extent feasible.

B. Trafic mu/ Parking, The Traffic Management Plan (refer to 3.g., above) as approved by Public Works, Community Development, the Carpintcria-Sumrnerland Fire Protection District, and the Santa Barbara County Sheriff's Department shall be implemented by the applicant throughout project construction. In accordance with mitigation from the Final EIR/EA, at least two lanes in each direction would remain open for peak-period travel. U.S. 10 I mainline lane closures would occur mainly during off-peak hours to minimize construction-related travel impacts within the corridor. [ElR/EA Construction Impact Mitigation)
C. Paleontology. The applicant shall implement EIR mitigation measures including monitoring, for portions of the project alignment identified by a qualified principal paleontologist (holds an M.S. or Ph.D. in paleontology or geology, and is familiar with paleontological procedures and techniques) to have the potential for important paleontological resources to be present. [EIR/EA Construction Impact Mitigation l D. Cultural Resources Mitigation. The applicant shall implement EIR mitigation measures and standard City monitoring and archaeological resource discovery procedures as identified in the City's archaeological guidelines. The following applies:
a. Establishment of ESA Boundaries. The location of the eligible portion of the Via Real Redeposited Midden (P- 42003943) outside the [Area of Direct Impact! will be avoided during construction through the establishment and enforcement of an Environmentally Sensitive Area (ESA). The location shall be designated an [Environmentally Sensitive Arca] during construction and protected with exclusionary fencing pursuant to Stipulation X.8.2.a.ii and Attachment S of the Caltrans Programmatic Agreement. The Via Real Redeposited Midden (P-42- 003943) area outside of the [Area of Direct Impact] shall be depicted on construction plans and will be designated an [Environmentally Sensitive Arca] with no access allowed during construction. Additionally, the District 5 Environmental Construction Liaison will have a copy of the plan on file and maintain contact with the resident engineer, construction contractor, and archaeologist on [Environmentally Sensitive Area] compliance. [EIR/EA Construction Impact Mitigation!
b. Construction Worker Notification. Prior to the start or any vegetation or paving removal, demolition, trenching or grading, contractors and construction personnel shall be alerted to the possibility of uncovering unanticipated subsurface archaeological features or artifacts associated with past human occupation of the project area, and procedures that shall occur in the event of discoveries. [EIR/EA Construction Impact Mitigation]
c. Archaeological and Native American Monitors. Ground disturbance in areas sensitive for subsurface archaeological resources as identified in the EIR shall be monitored by a qualified archaeologist, who shall consult with a qualified Native American representative in the event that resources are discovered. Reports on monitoring shall be provided in accordance with the approved Mitigation Monitoring and Reporting Plan. lEIR/EA Construction Impact Mitigation I d. Discovery Procedures. If cultural resources are encountered, work shall be halted immediately in the vicinity of the find. The Project Environmental Coordinator CONDITIONS Of' t\f'f'ROVAL
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and Native American Heritage Commission shall be notified, a qualified archaeologist shall be consulted to evaluate the find, and mitigation measures shall be undertaken as necessary to avoid significant impacts in accordance with Public Resources Code Section 5097 .98. If the discovery potentially consists of human remains, the Santa Barbara County Coroner shall also be contacted per regulatory requirements. Work in the area may only proceed after authorization is granted by the Project Environrncntal Coordinator. [EIR/EA Construction Impact Mitigation] E. Water Quality BMPs. Temporary measures to protect water quality as required by an approved Stonn Waler Pollution Prevention Plan (SWPPP), including sediment control, soil stabilization, concentrated flow conveyance systems, scheduling of ground d isturbancc activities with respect to rainy season, preservation of existing vegetation, clear water diversion, dcwatering operations, wind erosion control, sediment tracking, solid waste management, materials handling, concrete waste management, vehicle and equipment operations, paving operations, stockpile management, water conservation practices, illegal connection or discharge detection and reporting, storm drain inlet protection and contaminated soil management. lElR/EA Construction Impact Mitigation]
F. Hazardous Materials. Measures shall be implemented in the event of discovery of hazardous materials during project construction to ensure protection of the public, construction workers and environment from hazardous exposure and assessment and remediation of contamination in accordance with regulatory requirements and procedures.

G. Air Quality Mitigation Measures. Final dust control plan approved by S13CAPCD incorporating mitigation measures identified in the Certified EIR/EA requiring minim izing disturbed areas, watering of disturbed areas and stockpiles; stabi I ization and paving of disturbed areas; covering of trucks and reduction of vehicle speeds on unpaved construction areas. Construction equipment and vehicles maintained in proper tune and low sulfur fuel shall be used in construction equipment. [EIR/EA Construction Impact Mitigation]
H. GHG Emissions Mitigatiu11 Measures. Measures identified in the Certified EIR/EA shall be adhered to, including requiring minimization of idling time for lane closures, compliance with SBCAPCD rules and ordinances, use of energy efficient (LED) lighting, disturbed areas seeded with native and drought-tolerant plants, use of compost and soil amendments from recycled products, incorporation of "smart" technology irrigation controllers, and minimization of pesticide use. [EIR/EA Construction Impact Mitigation]
I. Noise and Vibration. Implement mitigation measures identified in Certified Final EIR/EA and standard City mitigation:
a Construction Hours Limitations. Construction activities would be minimized near any residential areas during evening, nighttime, weekend, and holiday periods.

Noise impacts are typically minimized when construction activities are performed during daytime hours. When possible, noisier construction tasks exceeding 87dl1A within 50 feel of residential areas would be limited to weekdays from 7:00 a.m. to 5:00 p.m. [EIR/EA Construction Impact Mitigation]
b. Equipment Maintenance and Mufflers. All equipment would have sound-control devices no less effective than those provided on the original equipment. Each

CONDITIONS OF APPROVAL
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internal combustion engine, used for any purpose on the job, or related to the job, must be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the jobsite without an appropriate muffler. [EfR/EA Construction Impact Mitigation I
c. Staging Arca Siting,. Staging and equipment areas shall be sited to minimize noise effects to residential uses to the extent feasible. [EIR/EA Construction Impact Mitigation I
d. Noise Barriers, Temporary barriers would be used, if needed, to protect residential areas from excessive construction noise generated by such items as compressors, generators, pneumatic tools, and jackhammers. Noise barriers can be made of heavy plywood, moveable insulated sound blankets, or other best available control techniques. Caltrans will also consider constructing any approved permanent noise barriers (i.c., sound walls) before beginning project construction so that the barriers can reduce construction noise transmission to adjacent residents and other land uses. rEIR/EA Construction Impact Mitigation]
e. Neighbor Notification. Within IO days prior to commencement or each construction stage, the applicant shall provide notification of construction schedule to surrounding neighborhoods impacted by noise and vibration, in accordance with locations and in a manner specified in City-approved construction management plan, and shall post information on the site in a location visible to the public, including the hours of operation and contact person with telephone number. r. Vibration Reduction Plan. Caltrans shall prepare and adhere to a plan which addresses avoidance of potential adverse effects of construction vibration. In al I cases where properties fall within the established buffer zones, impacts from vibration would be avoided by using alternative construction methods near susceptible structures. Elsewhere, minimization measures lo reduce the effects would be developed and included in the plan. [EIR/EA Construction Impact Mitigation]
J. Wildlife Mitigation. Measures for protection of wildlife species during project construction as identified in the Certified EIR/EA and required by any resource agency permits shall be implemented by the applicant during project construction. [EIR/EA Construction Impact Mitigation]
K. Habitat Protection. Measures for the prevention of impacts to habitat area and native plant communities during project construction as identified in the Certified EIR/EA and required by any resource agency permits shall be implemented by the applicant during project construction. [EIR/EA Construction Impact Mitigation I L. Solid Waste. The project solid waste management plan for demolition and construction waste shall be reviewed and approved by the Public Works Director and shall be implemented throughout construction. Demolition and/or excess construction materials shall be separated onsitc for reuse/recycling or proper disposal (e.g., concrete asphalt).

During grading and construction, separate bins for recycling or construction materials and brush shall be provided onsite. This requirement shall be printed on grading and construction plans. Applicant shall provide Public Works with receipts for recycled materials. Materials shall he recycled as necessary throughout construction.

M. Project Implemented as Approved by City. The applicant shall implement the project in accordance with the final plans and provisions approved by the City or Carpinteria as CONDITIONS OF /\PPROV t\L
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outlined in these conditions of approval. After final design approval, any minor alterations in project components, design or construction process shall require prior approval by the Community Development Director and any major alterations shall require prior approval by the Planning Commission. Project structures, facilities and landscaping shall be maintained for the life of the project.

N. Annual Report. Annually through completion of project construction, the applicant shall submit a report to the Public Works Department on the progress and status of the project.

6. Graffiti Abatement. The applicant shall clean up any graffiti on the property within 72 hours. If the problem persists, as determined by Community Development, a plan for preventing recurrence shall be submitted to Community Development for review and approval, and shall be implemented as approved. Suggested anti-graffiti measures include the use of vertical landscaping or vines along affected wall surfaces and/or the use of antigraffiti paint. This condition shall be printed on final construction plans. A graffiti prevention plan shall be submitted upon determination of need by Community Development.

7. Staging Arca Closeout. The developer shall clear the project staging areas of all excess construction debris. This requirement shall be noted on final construction plans. Debris clearance shall occur upon project completion.

8. Compliance with Department/ Agency Letters and Emails. The developer shall comply with the conditions set forth in the following letters applicable to the Highway IOI:

Carpinteria to Santa Barbara Project, Segment 4A.
a. Carpinteria Sanitary District (February I I, 2019)
b. Carpinteria Valley Water District (Email March 4, 2019)

9. This Conditional Use Permit is not valid until a Grading Permit for the development and/or use has been obtained. Failure to obtain said Grading Permit shall render this Conditional Use Permit null and void. Prior to the approval of the Grading Permit, all of the conditions listed in this Conditional Use Penn it that are required to be satisfied prior to approval of a Grading Permit must be satisfied. Upon issuance of the Grading Permit, the Conditional Use Permit shall be valid. The effective date of this Permit shall be the date of action by the City Council, or if appealed, the date of action by the Coastal Commission.

10. If the Planning Commission or City Council determines at a noticed public hearing that the perrnittee is not in compliance with any permit condition(s), the Planning Commission or City Council is empowered, in addition to revoking the permit pursuant to said section, to amend, alter, delete or add conditions to this permit.
1 l. Any use authorized by this Conditional Use Permit shall immediately cease upon expiration or revocation of this Conditional Use Permit. Any Building Permit issued pursuant to this Conditional Use Permit shall expire upon expiration or revocation of the Conditional Use Permit. Conditional Use Permit renewals must be applied for prior to expiration of the Conditional Use Permit.

CONOfTIONS OF APPROVAL
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12. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit shat l be deemed acceptance of all conditions of this permit by the perrnittee.

13. Within two years after the effective date of this permit, construction shall commence.

Construction cannot commence until a Grading Permit has been issued. Failure to commence the construction pursuant to a valid Grading Permit shall render the Conditional Use Permit null and void.

14. All time limits may be extended by the Planning Commission or City Council for good cause shown, provided a written request, including a statement of reasons for the time limit extension request is flied with Community Development prior to the expiration date.

15. If the applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts. Mitigation fees shall be those in effect at the time of issuance of a Grading Permit.

16. Before commencing any work pertaining to the erection, alteration, enlarging or rebuilding of any structure or improvement, the applicant shall obtain a Grading Permit. The permit is necessary to ensure implementation or the conditions required by the City Council. Before any Permit will be issued by Community Development, the applicant must obtain written clearance from all agencies having conditions; such clearance shall indicate that the applicant has satisfied all pre-construction conditions. A form for such clearance is available from Community Development.

17. Prior to issuance of a Grading Permit, applicant shall notify in writing all property owners and occupants of parcels within 300 feet or the project site of its approval and conditions.

Proof of mailing the notices shall be provided to Community Development.

18. 11: at any time, the Planning Commission determines that there has been, or may be, a violation or the findings or conditions or this Conditional Use Permit and Coastal Development Permit, or of the Municipal Code regulations, a public hearing may be held before the Planning Commission to review this permit. Al said hearing the Planning 'Commission may add additional conditions, or recommend enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code, and to provide for the health, safely, and general welfare of the City. Applicant shall reimburse the City for all costs associated with gaining compliance with the original conditions of approval.

19. City Manager and/or Community Development Director shall be informed of any minor changes to the project scope. Any minor changes may be approved by the City Manager and/or Community Development Director. Any major changes will require the filing ofa revision application to be considered by the Planning Commission.

20. All requirements of the City of' Carpinteria (including but not limited to public improvements as defined in the City of Carpinteria Municipal Code (CMC), Section CONDITIONS OF APPROV Al.

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l S. l 6.110) and any other applicable requirements of any law or agency of the State and/or any government entity or District shall be met.

21. The standards defined within the City's adopted model Building Codes (UBC; NEC; UMC; UFC; UPC; UHC) relative to the building and occupancy shall apply to this project.

22. Any and all damage or injury to public property resulting from this development, including withoutlimitation, City streets and storm drain infrastructure, shall be corrected or result in being repaired and restored to its original or better condition.

23. No Grading Permit shall be issued for this project prior to meeting all required terms and conditions listed herein. When not specified herein, all conditions shall be satisfied prior to issuance of a Grading Perm it or prior to commencement of construction when allowed by the Community Development Director.

24. To allow time for the utility companies to locate and mark their facilities for the contractor, the applicant shall telephone Underground Service Alert (USA) toll free at 1-800-227-2600 a minimum of 48 hours prior to the start of construction. For best response, provide as much notice as possible, up to IO working days.

25. All applicable final conditions of approval shall be printed in their entirety on applicable pages of grading/construction plans submitted to Community Development. These shall be graphically illustrated where feasible. The approved set of plans shall be retained at the construction site for review by the Public Works Director during the course of construction.

26. Applicant shall ensure that the project complies with all approved plans and all project conditions including those which must be monitored after the project is built and occupied.

To accomplish this, applicant agrees to contact Community Development at least two weeks prior to commencement of construction activities to schedule an onsite preconstruction meeting agency personnel and key construction personnel.

27. Project Related Flood Risk Determination - Applicant shall prepare all FEMA required documents and Flood Insurance Rate Map revisions that may be required as result of the proposed project with respect to increasing channel capacity of Franklin Creek and Santa Monica Creek at the US IO I bridge replacements. This shall include, but is not limited to, all costs the City of Carpinteria may incur. If a Conditional Letter of Map Revision (CLOMR) is required, the FEMA-approved CLOMR shall be obtained by the applicant prior to commencement of construction.

28. Prior to issuance of a Grading Permit, the applicant shall provide a signed copy of the Conditions of Approval on a form acceptable to Community Development. Such form may be obtained from the Community Development Department. Written authorization to proceed and consent to conditions of approval by the applicant shall be provided to the City prior to commencement of any demolition or construction activity.

29. Prior to issuance of a Grading Permit, applicant shall pay all applicable COD permit processing fees in full.

CONDITIONS OF APPROVAL
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30. The applicant (Caltrans) hereby agrees to defend, indemnify and hold harmless the City, its officers, employees, agents, consultants and independent contractors ("City's Agents") from any claim, action or proceeding ("Claims") against the City and the City's Agents to attack, review, set aside, void or annul, in whole or in part, the City's approval of the Segment 4A of the Highway t O I: Carpinteria to Santa Barbara Project , described herein, (the "Project"), or any condition attached thereto, or any proceedings, acts or determinations taken, done or made prior to the approval that were part of the approval process. Applicant further agrees to indemnify and hold harmless the City and the City's Agents from any award of attorneys' fees or court costs made in connection with any Claims. Applicant further agrees to pay any and all City costs, permit fees, attorneys' fees, engineering fees, license fees and taxes arising out of or concerning the Project, whether incurred prior to or subsequent to the date of approval and that the City's costs shall be reimbursed prior to this approval becoming valid. These commitments of defense and indemnification are material conditions of the approval of the Project. Nothing contained in this condition shall prevent the City or the City's Agents from independently defending any Claims. If the City or the City's Agents decide to independently defend Claims, the City and the City's Agents shall . bear their own attorneys' fees, expenses and costs of that independent defense.

31. In the event that any Condition of Approval imposing a fee, exaction, dedication or other mitigation measure is challenged by Applicant/Owner/Developer/Permittee in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any Condition of Approval is invalidated by a court of law, the entire project shall be reviewed by the City and substitute Conditions of Approval may be imposed.

32. Written authorization to proceed and consent to conditions of approval by the applicant shall be provided to the City prior to permit issuance.

Written authorization to proceed and consent to con itions of approval by the applicant shall be provided to the City prior to commencement of a construction activity.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
October 10, 2022

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6163, Authorizing Continued Remote Teleconference Meetings of the City Council and Boards, Committees, and Commissions.

STAFF RECOMMENDATION
Adopt Resolution No. 6163, authorizing continued remote teleconference meetings of the City Council and Boards, Committees, and Commissions for a period of 30 days.

Sample Motion: I move to adopt Resolution No. 6163, as read by title only.

BACKGROUND
From the onset of the COVID-19 pandemic in March 2020 through June 2021, the City Council and subordinate boards, committees, and commissions held their respective meetings solely by remote teleconference (i.e. Zoom webinar/meeting) under the Governor's Executive Orders N-29-20 and N-08-21. Since July 2021, hybrid meetings have been held, where the public may participate in person or virtually.

On September 16, 2021, the Governor signed into law Assembly Bill 361 (AB 361), which allows public agencies to continue using teleconferencing without complying with certain Brown Act provisions. The Brown Act ordinarily requires, among other things, that public officials attending a meeting from a remote location post the agenda in the location they are participating from; allow members of the public to attend the meeting from that space; identify in the notice and agenda for the meeting each teleconference location; and that at least a quorum of the legislative body participate from locations within the City. -
The purpose of this agenda matter is for the Council to consider making certain findings necessary in order to authorize continued teleconference meetings of the City Council and Boards, Committees, and Commissions.

AB 361 Findings - Remote Teleconference Meetings
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DISCUSSION
Under AB 361, the City may employ teleconferencing as long as there is a gubernatorial "proclaimed state of emergency," and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.

In addition, every 30 days, the City Council must make the following findings by majority vote in order to continue the teleconferencing option: (1) the agency has reconsidered the circumstances of the state of emergency; and (2) it either continues to directly impact the ability of members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing.

Even though the case positivity rate has lowered during the past month, staff recommends the Council reconsider the safety and procedural issues involved in holding teleconferenced meetings pursuant to AB 361 and adopt Resolution No. 6163, authorizing virtual or hybrid attendance of meetings through November 9, 2022.

Through September 29, 2022, the community risk level in the county is ranked as "low," as defined by the Centers of Disease Control and Prevention and the Santa Barbara County Public Health Department reports a continued decrease in virus transmission in the community. The total number of new weekly reported cases per 100,000 people in the county through September 29, 2022 is 62.49, compared to 193.06 on September 1, 2022. The Santa Barbara County Public Health Department recommends utilizing teleconferencing options for public meetings as an effective social distancing measure to facilitate participation in public affairs and encourages participants to protect themselves and others from the COVI D-19 disease 1.

AB 361, which amended Government Code Section 54953, will sunset on January 1, 2024. This is subject to change if the Legislature and Governor elect to extend the sunset date or make the provisions permanent.

The City Council adopted Resolution No. 6142 on June 27, 2022, Resolution No. 6149 on July 25, 2022, Resolution No. 6155 on August 15, 2022, and Resolution No. 6159 on September 12, 2022 finding the requisite conditions exist for the council and subordinate boards, committees and commissions to conduct teleconference meetings under California Government Code Section 54953(e).

City staff recommends the City Council adopt the attached Resolution to authorize the continued use of remote teleconference meetings of the City Council and Boards, Committees, and Commissions.

POLICY CONSISTENCY
Review of this matter and direction to staff would align with the City's strategic goal of 1 Health Officials AB 361 Social Distance Recommendation Issued on September 1, 2022 by the Santa Barbara County Public Health Department (See Exhibit 1 of attached Resolution No. 6163).

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good governance.

FINANCIAL CONSIDERATIONS
The City has established a business Zoom account for the use of remote teleconferencing of public meetings and the cost is already included in the current fiscal year budget.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Failing to adopt Resolution No. 6163 would require meetings to be held only in person under traditional Brown Act parameters. Adopting the Resolution would give the City flexibility as it moves forward with meetings over the next 30 days.

OPTIONS

1. Adopt Resolution No. 6163, authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions.

2. Decline to adopt Resolution No. 6163 and switch to fully in-person meetings under traditional Brown Act rules.

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

ATTACHMENTS
Attachment A: Resolution No. 6163
Staff contact: Brian C. Barrett, City Clerk
(805) 755-4403; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
~-
S01ature
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\10-10-22\AB 361 Findings\Remote Meetings SR.docx AB 361 Findings - Remote Teleconference Meetings
October 10, 2022
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ATTACHMENT A
Resolution No. 6163
G:\FIDELA\CITY COUNCIL\STAFF REPORT\2022\10-10-22\AB 361 Findings\Remote Meetings SR.docx RESOLUTION NO. 6163

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA RENEWING AUTHORIZATION FOR CONTINUED

TELECONFERENCE MEETINGS
WHEREAS, the City of Carpinteria is committed to preserving and nurturing public access and participation in meetings of the City Council; and WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of State of Emergency in response to the COVID-19 pandemic, which Proclamation remains in effect; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N29-20, modifying the teleconferencing rules set forth in the Brown Act, Government Code Sections 54950 et. seq., subject to compliance with certain requirements; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, providing that the modifications to the teleconferencing rules under the Brown Act would remain in place through September 30, 2021; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361 ), which modified the Brown Act to provide that a legislative body may continue to meet under modified teleconferencing rules if the meeting occurs during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, COVID-19 continues to threaten the health and lives of Carpinteria residents notwithstanding the County's vaccination rates, with Santa Barbara County considered to have low community risk level as of September 29, 2022, according to the Centers for Disease Control and Prevention; and
WHEREAS, on September 28, 2021, the Santa Barbara County Public Health Department recommended utilizing teleconferencing options for public meetings as an effective social distancing measure; and
WHEREAS, on September 1, 2022, the Santa Barbara County Public Health Department continued to recommend utilizing teleconferencing options for public Resolution No. 6163

Page 2 ends

meetings as an effective social distancing measure as set forth in a document entitled "Health Officials AB 361 Social Distance Recommendation", attached hereto as Exhibit 1 and incorporated herein; and
WHEREAS, the City Council adopted Resolution No. 6142 on June 27, 2022, Resolution No. 6149 on July 25, 2022, Resolution No. 6155 on August 15, 2022, and Resolution No. 6159 on September 12, 2022 authorizing remote teleconference meetings of the City Council and Boards, Committees, and Commissions; and WHEREAS, in the interest of public health and safety, and in response to the local recommendation for measures to promote social distancing, the City Council finds it necessary to invoke the provisions of Government Code Section 54953 related to teleconferencing; and
WHEREAS, the City Council has reconsidered the circumstances of the State of Emergency declared by Governor Newsom and finds that the State of Emergency continues to warrant the option of teleconferencing for the City Council and Boards, Committees, and Commissions.

WHEREAS, The State of Emergency continues to directly impact the ability of City officials and the public to meet safely in person, in part due to the small size and enclosed nature of the City Council chambers, which function to limit the available space for effective social distancing.

NOW, THEREFORE, BE IT RESOLVED as follows:

SECTION 1. The above recitals are true and correct and are adopted as findings in support of this Resolution.

SECTION 2. Based on current conditions that are the basis for the above findings, conduct of all meetings of the City Council, City Council Committees, and City Boards, Commissions, and Committees pursuant to the modified teleconference procedures of Government Code Section 54953, is authorized.

SECTION 3. Staff is directed to return to the City Council no later than thirty (30) days after the adoption of this Resolution, or at the next meeting of the City Council if later than thirty (30) days after the adoption of this Resolution, for the City Council to reconsider whether to again make the findings required to meet under the modified teleconference procedures of Government Code Section 54953.

SECTION 4. This resolution shall be effective immediately upon adoption.

Resolution No. 6163

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SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED on the 10th day of October, 2022, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST:

Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on October 10, 2022.

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

Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Resolution No. 6163
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EXHIBIT 1 TO RESOLUTION NO. 6163
Santa Barbara County
PUBL~'Health

CJ------------
D EPA R l MEN l
Public Health Administration
300 North San Antonio Road • Santa Barbara, CA 93110-1316 805/681-5100 • FAX 805/681-5191
Dtmlel L 8. Nlelson, MPA Interim Director
Suzanne Jacob$0n, CPA Chief Financial Officer
Paige Batson, MA, PHN, AN Depuiy Director
Darrin Eisenbarth Deputy Director
Dana Gamble, LCSW Deputy Director
Hanning Ansorg, MD Health Officer
September 1, 2022
HEALTH OFFICIALS AB 361 SOCIAL DISTANCE

RECOMMENDATION
COVID-19 disease prevention measures, endorsed by the Centers for Disease Control and Prevention, include vaccinations, facial coverings, increased indoor ventilation, handwashing, and physical distancing (particularly indoors).

Since March 2020, local legislative bodies-such as commissions, committees, boards, and councils- have successfully held public meetings with teleconferencing as authorized by Executive Orders issued by the Governor. Using technology to allow for virtual participation in public meetings is a social distancing measure that may help control transmission of the SARS- Co V-2 virus.

Public meetings bring together many individuals (both vaccinated and potentially unvaccinated), from multiple households, in a single indoor space for an extended time. For those at increased risk for infection, or subject to an isolation or quarantine order, teleconferencing allows for full participation in public meetings, while protecting themselves and others from the COVID-19 virus.

Utilizing teleconferencing options for public meetings is an effective and recommended social distancing measure to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 disease. This recommendation is further intended to satisfy the requirement of the Brown Act (specifically Gov't Code Section 54953(e)( I )(A)), which allows local legislative bodies in the County of Santa Barbara to use certain available teleconferencing options set forth in the Brown Act.

Henning Ansor
Public Health O r
County of Santa Barbara
~=;,;/4e,J,>r' , tYA
./vz-- DanilNielsbn,MPA
Public Health Interim Director
County of Santa Barbara
Healthy people, healthy community, healthy environment.

City of Carpinteria

COUNCIL AGENDA STAFF REPORT
October 10, 2022

ITEM FOR COUNCIL CONSIDERATION
Consultant Services Agreement Amendment No. 3 between the City of Carpinteria and WSP USA Environment & Infrastructure Inc. (WSP), (formerly Wood Environment & Infrastructure Solutions, Inc.), for planning and environmental services in support of the City's Coastal Land Use Plan and General Plan (CLUP/GP) Update for an amount notto-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 WSP USA Environment & Infrastructure 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
Subsequent to your Council's approval of this contract on September 26, 2022, the City received a name change notification from Wood (Attachment B). As it had not been executed, counsel advised that it would be best to amend the Agreement substituting the new name and bring it to your Council for reapproval. Except for the name and date change, the Agreement remains as approved at your last meeting.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed and approved the Consultant Services Agreement as to form.
24754748.1
WSP Consultant Agreement Amendment No. 3
October 10, 2022

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OPTIONS

1. Authorize the City Manager to execute Amendment No. 3 to the Agreement between the City and WSP USA Environment & Infrastructure 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
WSP USA Environment & Infrastructure Inc., consultant team.

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

September 23, 2022 WSP Name Change Notification
Staff contact: Steve Goggia, Community Development Direct*~ , (805) 755-4414 I [email protected] ~~~
Signatu e
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400 I [email protected]
N:\Project Files\2016 (1805-1849)\1810 GP-CP Update\Amec Contract\Amendment No.3.new name.docx 24754748.1
Attachment A
Third Amendment to Agreement for Consultant Services
including July 21, 2022 Revised Request for Approval of Modification No. 3.

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 10 th day of October, 2022
between the City of Carpinteria, a municipal corporation ("City") and WSP USA Environment & Infrastructure Inc. (formerly 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 WSP USA Environment & Infrastructure Inc. notto-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 10
th day of October, 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
"CONSULT ANT"
WSP USA Environment & Infrastructure I
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 scc_ipe 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 . •••
CLUP/GP Update Modification No. 3
City of Carpinteria
July 27, 2022
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Scope of Services
Task 1. Draft & Final CLUP/GP
Following Wood's preparation and submittal of the Administrative Draft CLU P/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;
• Community Design Element;
• Circulation Element;
• Open Space & Conservation Element;
• Safety Element;
• Public Services Element;
• Healthy Community Element; and
• 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 •••
CLUP/GP Update Modification No. 3
City of Carpinteria
July 21, 2022
wood.
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 CLUP/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 CLU P/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 •••
CLUP/GP Update Modification No. 3
City of Carpinteria
July 21, 2022
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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 •••
CLUP/GP Update Modification No. 3
City of Carpinteria
July 21, 2022
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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 EIR
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 Screencheck 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 • ••
CLUP/GP Update Modification No. 3
City of Carpinteria
July 27, 2022
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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 El Rand 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 strilEeout 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 • • •
CLUP/GP Update /Vladificatian Na. 3
City of Carpinteria
July 27, 2022
wood.

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 EIR. 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 $21,511
Final CLUP/GP $8,670
Team Meetings & Management $11,016
Task 2. Public Outreach Program $34,988
Task 3. EIR $172,984
Administrative Draft EIR $120,221
Public Draft EIR $15,732
Administrative Final EIR & Response to Comments $21,267 ·-···-- ---···-·-··
Final EIR $15,764
Task 4. Adoption & Certification $42,743
Total $340,426
Contingency (15 percent) $51,064
Grand Total $391,490
7 •••
CLUP/GP Update Modification No. 3
City of Carpinteria
July 27, 2022
wood.

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 af Carpinteria
July 21, 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 with in 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
PROJECT: Modification No. 3 to lhe City of C,rpinteri, Coulal Land Use Plan and General Plan Uod1■ ind Proaram Environmet1lill lmo,ct Reoort D'11!1ofEstim,te: July21,2022
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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 Wilshi1 e Boulevard I Suite i 050 I Los Angeles, CA 90017 I (213) 26'1 3050 I Fax (310) 394 7663 www.fehrandpee1s.com

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.

Attachment B
September 23, 2022 WSP Name Change Notification
'''11
September 23, 2022
Subject: Wood Environment & Infrastructure - Name Change Notification Dear Valued Client:

We wish to inform you, effective September 21, 2022, Wood Environment & Infrastructure Solutions, Inc. was acquired by WSP Global Inc. We are now doing business in the United States as WSP USA Environment & Infrastructure Inc.

The current name of our company has changed as shown in the chart below. We will continue to operate as we always have with a focus on our core values of safety, integrity, teamwork, and excellence. Please be advised that this is a change of name only. Our federal tax identification number (FEIN) and our Dun & Bradstreet number (DUNS) will remain the same. Likewise, there is no change in the invoice payment address. Our contractual relationship with you is unaffected by the name change. The Federal Identification Number also remains unchanged. Please update your records accordingly.

Previous name Wood Environment & Infrastructure Solutions, Inc.

New Name WSP USA Environment & Infrastructure Inc.

Date of change September 21, 2022
Federal ID Number 91-1641772
This name change is administrative in nature, and we assure you that we will continue to maintain the current resources, contracts, and other existing services we currently provide. We will continue to deliver the same quality of services and the same dedicated team of consultants, project managers, engineers, and scientists to your projects. Our focus remains on delivering projects safely and successfully for you.

Beginning September 23, 2022, our business correspondence will reflect the WSP USA Environment & Infrastructure Inc. name. If your company requires changes to our contract documents, or has any other procedural requirements, please advise at your earliest convenience and we will work with you to process required documentation.

If you have any questions regarding the name change, please contact your client representative.

Thank you for your business, and we look forward to continuing to serve you.

Sincerely,
Joseph J. Sczurko, Jr., PE
President, Earth & Environment

WSP USA
wsp.corn
City of Carpinteria
Gour.rcr- Aceruon Srerr Reponr
October 10,2022

ITEM FOR COUNCIL CONSIDERATION
Revisions to the Classification and Compensation Schedules for Management and Miscellaneous Unrepresented Personnel, including: (1) combining the currently separate Classification and Compensation Schedules for Management and Miscellaneous Unrepresented Personnel into a single Classification and Compensation Schedule; (2) inclusion of new salary grades and pay ranges as recommended by the 2021 Total Compensation Report; and (3) assignment of current and new job positions into the new salary grades.

STAFF RECOMMENDATION
Approve and adopt Resolution No. 6166 (Attachment A) creating a single Classification and Compensation Schedule for Management and Miscellaneous Unrepresented Personnel, including new salary grades and pay ranges as recommended by the 2021 Total Compensation Report, and assignment of current and new job positions into the new salary grades.

Sample Motion: I move to approve Resolution No. 6166 as read by title only

BACKGROUND
On January 23, 2022, City Council reviewed and approved the 2022 Annual Work plan1, including completion of the 2021 Total Compensation Study that was delayed due to pandemic impacts. Completion of the study is part of the General Government Staff Recruitment & Retention program.

On April 25, 2022, City Council received and filed the City of Carpinteria Final Total Compensation Report2. The report provided detailed information concerning the project's scope, the methodology used to complete the total compensation calculations, and the study results that show where the City is positioned compared to the labor market. At that 1 2022 Annual Work plan: https://carpinteriaca.qov/wp-contenVuploads/202210212022-Work-Plan-City-ofCarpinteria-Fl NAL. pdf 2 City of Carpinteria Final Total Compensation Report: Aqenda ltem No. 20 - Staff Report.pdf (carpinteriaca.qov)
Revisions to the Classification and Compensation Schedules for Management and Miscellaneous Unrepresented Personnel.

October 10,2022

Page 2 of 5 ends

time, City Council directed staff to bring back a future agenda matter with appropriate actions for implementation.

On September 26, 2022, City Council received and filed a report including a new (proposed) Classification and Compensation Schedule3. City Council provided feedback to staff with general support for the suggested changes. The proposed schedule:

Created a single Classification and Compensation Schedule for Management and Miscellaneous Unrepresented Personnel (previously Management and Miscellaneous Unrepresented Personnel had separate schedules.) a
a Created new salary grades with an even 5% separation between successive grades (previous schedules did not have successive grades and/or consistent separation between grades.)
Assigned current and new job positions into the new (proposed) salary grades based on recommendations from the 2021 Total Compensation Report and staff analysis for internal equity.

Also, staff suggested removing pay scale figures from the Conditions of Employment (COE) for Management and Miscellaneous Unrepresented Personnel, allowing for future adjustments, such as a pay range adjustment for inflation, without need to amend the COEs. ln addition, staff provided data on the City's current vacancy rate (22.5%), its potential impact on the organization, and information demonstrating alignment between staff's recommendations and the City's recruitment and retention goals.

The purpose of this agenda matter is to seek formal approval for the proposed Classification and Compensation Schedule to be used as the basis for drafting COEs for Management and Miscellaneous Unrepresented Personnel.

DtscussloN
The proposed Classification and Compensation Schedule will increase the pay ranges for several currently vacant positions. lf approved, the changes may positively affect the number of applicants for these positions, potentially increasing the success for those recruitments.

Pay scale figures have been approved in the past by City Council via approval of COEs. lf pay scale figures are removed from COEs as recommended, these figures (e.9., pay rates, salary ranges) will be approved by City Council through the budget process. This will allow City Council to evaluate the salary schedule within the context of the City's proposed fiscal year budget.
3 Proposal of New Classification & Compensation Schedule Staff Report MetaViewer.php (qranicus.com) Revisions to the Classification and Compensation Schedules for Management and Miscellaneous Unrepresented Personnel.

October 10,2022

Page 3 of 5 ends

lf Resolution No. 6166 is adopted and approved, the effective date of the new Classification and Compensation Schedule for Management and Miscellaneous Unrepresented Personnel will be October 29,2022.

POLICY CONSISTENCY
It is in the City's interest to maintain a competitive salary schedule in order to effectively recruit and retain staff capable of delivering the quality and quantity of services needed and desired.

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

FI NANCIAL CONSIDERATIONS
Sufficient funding is available in the current budget, fiscal year 2022-2023, as Total Compensation Report recommendations were accounted for during the budget preparation process.

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

OPTIONS

1. Adopt and approve the attached Resolution No. 6166 (staff recommendation.)

2. Direct staff to modify Resolution No. 6166, in which case the matter may need to be continued to a future Council meeting.

3. The City Council could choose not to adopt Resolution No. 6166 and direct staff as appropriate.

PRINCIPAL PARTIES EXPECTED AT MEETING
Laura Robinson, SEIU Local 620, Field Representative Project Manager Revisions to the Classification and Compensation Schedules for Management and Miscellaneous Un represented Personnel.

October 10,2022

Page 4 of 5 ends

ATTACHMENTS
AttachmentA: Resolution No.6166with attached Classification and Compensation Schedule for Management and Miscellaneous Unrepresented Personnel Staff contact: Michael Ramirez, Assistant City Manager
805-755-4450, [email protected]. us
Signature
/qtz L* Do* D*.S\i,^a.n Reviewed by: Dave Durflinger, City Manager (805) 7 55-4400, daved@ci. carpinteria. ca. us Signature Revisions to the Classification and Compensation Schedules for Management and Miscellaneous Unrepresented Personnel.

October 10,2022

Page 5 of 6 ends

ATTACHMENT A
Revisions to the Classification and Compensation Schedules for Management and Miscellaneous Unrepresented Personnel.

October 10,2022

Page 6 of 6 ends

THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6166

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CARPINTERIA APPROVING AND ADOPTING A NEW

CLASSIFICATION AND COMPENSATION SCHEDULE FOR

MANAGEMENT AND MISCELLANEOUS UNREPRESENTED

PERSONNEL
WHEREAS, the Carpinteria City Council recognizes that the salary structure for management and miscellaneous unrepresented personnel is separate from the classified employees covered under the Memorandum of Understanding between the City of Carpinteria and the Service Employees lnternational Union (SEIU) Local 620; and
WHEREAS, on April 25, 2022 the City Council received and filed the City of Carpinteria Final 2021Total Compensation Report and at that time the City Council directed staff to bring back a future agenda matter with appropriate actions for implementation; and
WHEREAS, on September 26,2022, the City Council received and filed the proposal of a new Classification and Compensation Schedule for implementation of the 2021 Total Compensation Report as shown on the attached Exhibit 1; and WHEREAS, The City Council's approval through this Resolution of the new Classification and Compensation Schedule is intended to provide the basis for developing updated conditions of employment for the Council's future consideration.

NOW, THEREFORE, BE lT RESOLVED as follows
SECTION 1. The above recitals are true and correct
SECTION 2. The City Council approves and adopts the new Classification and Compensation Schedule for Management and Miscellaneous Unrepresented Personnel as shown in the attached Exhibit 1 and authorizes the City Manager to implement.

SECTION 3. The City Council directs that the Classification and Compensation Schedule approved for Management and Miscellaneous Unrepresented Personnel be used as the basis for drafting conditions of employment for these employee groups for consideration by the City Council at a future meeting.

SECTION 4. The effective date of this resolution is October 29,2022 Resolution No. 6166
Page2
PASSED, APPROVED AND ADOPTED on the 1Oth day of October,2022, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

Mayor, City of Carpinteria
ATTEST
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certifu that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on October 10,2022.

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
EXHIBIT 1 TO RESOLUIION NO,5166
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Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
$ 73.26 $
$ 5,861.00 $
$ 12,698,83 $
$ 152,385.97 $
5,581.90
12,094.12
145,1 29.50
$ 66.45 $
$ 5,316.10 $
$ 11,518.21 $
$ I 38,218.57 $
$ 6s.29 $
$ 5,062.95 $
$ 10,969.73 $
$ 131 ,636.73 $
$ 60.27 $
$ 4,821.86 $
$ 10,447.36 $
$ 125,368.32 $

87.00 6,959.94
15,079,86
1 80,958.34
$ 82.86
$ 6,628.51
$ 14,361.77
$ 172,341.28

78.91 6,312.87
13,677.88
1 64,1 34.55

75.15 6,012.25
1 3,026.55
1 56,318.62
7't.57
5,725.96
12,406.24
148,874.8A
$ 100.74
$ 8,058.87
$ 17,460.89
$ 209,530.71
$ 95.94
$ 7,675.12
$ 16,629.42
$ 199,553.06
99 $ 69.77
$
$
$
98 o2
$ s7.40
$ 4,592.25
$ 9,949.87
$ 1 19,398.40
$ 52.07 $
$ 4,165.30 $
$ 9,024.82 $
$ 10a,297.87 $
$ 49.59 $
$ 3,966.95 $
$ 8,595.07 $
$ 103,140.82 $
$ 47-23 $
$ 3,778.0s $
$ 8,185.78 $
$ 98,229.s6 $
$ 44.s8 $
$ 3,598.14 $
$ 7,795.s8 $
$ 93,551.77 $
$ 42.84 $
$ 3,426.80 $
$ 7,424.74 $
$ 89,096.92 $

40.80 $
3,263.62 $
7,O71.18 $
84,A54.21 $

38.85 $
3,108.21 $
6,734.46 $
80,813.53 $
$ 68.17
$ 5,4s3.29
$ 1 1 ,815.47 $ 141,785.60
u.92
5,193.61
11,252.83
1 35,033.90

61.83 4,946.30
10,716.98
128,603.72

58.88 4,710.76
10,206.64
122,479.73

56.08 4,486.44
9,720.61
116,647.36

53.41 4,272.80
9,257.73
11'1,092.72

50.87 4,069.33
8,816.88
1 05,802.59

48.44 3,875.55
8,397.03
100,764.38

46.14 3,691.00
7,997.17
95,966.07

91.37 7,309,6,4
15,837.54
1 90,050.53

87.02 6,961.56
15,083.38
181 ,000.51

82.88 6,630.06
14,365.12
172,381.44

64.94 5,194.82
11,255.45
1 35,065.37

61.84 4,947.45
10,719.47
128,633.68
$ 78.93
$ 6,314.34
$ 13,681.07
$ 164,172.80
s 75.17
$ 6,013.66
$ 13,029.59
$ 156,355.04
$ 71.s9
$ 5,727.29
$ 12,409.13
$ 148,909.57
$ 68.18
$ 5,454.56
$ 1'1,818.22
$ 141,818.63
$
$
$
$
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$
$
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$
$
$
$
$
$
$
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96 OF
94 E Public Works Director
E Assistant City Manager
E AdministrativeServicesDirector E Community Development Director E Parks, Rec, and Public Facilities Director
92 E Civll Engineer
91 E Finance Manager
90 E Principal Planner
E City Clerk E City Librarian
E Human Resources/Risk Manager
$ 54.67 $
$ 4,373.57 $
$ 9,476.06 $
$ 113,712.76 $
89 88

58.90 4,711.86
10,209.02
122,508.27
$ 56.09
$ 4,487.48
$ 9,722.88
$ 115,674.54
$ s3.42 $ 4,273.79 $ 9,259.88
$ 111,118.61
a7
$
$
$
$
$
$
$
$
City of Carpinteria
Management and Miscellaneous Unrepresented Personnel
Classification and Compensation lnformation
Salary Schedule Effective October 29,2022
FY 2022t23
Grade FLSA Positlon Pay Type lliinimum Conffol Polnt Msximum EXHIBIT 1 TO RESOTUTION NO.5155
86 E Senior Planner
E Senior Financial Analyst E Environmental Program Manager E Chief Building lnspector/Plans Examiner
85 E Program Manager
NE Associate Planner
NE Associate Engineer
NE Management Analysi ll
E Public Works Supervisor
E Parks & Facilities Maintenance Supervisor
E AquaticsSuperintendent
E Code Compliance Supervisor
E Community Engagement Library Specialist
NE Financial Analyst
NE Assistant Planner
NE Assistant Engineer
NE Management Analyst I
NE Environmental Program Coordinator
NE Execulive AssistanuDeputy City Clerk
NE Accounting Technician
NE EngineeringTechnician
NE Code Compliance Officer ll
NE Aquatics Program Coordinator
NE Accounting Specialist
77 NE ManagementAssistant
76 NE Code Compliance Otficer I
Houdy
BFweekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Houdy
Bi-weekly
Monthly
Annual
Houdy
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
BFweekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Ann
$ 37.00 $
$ 2,960.20 $
$ 6,4'13.77 $
$ 76,965.27 $

43.94 3,515.24
7,616.35
91,396.26

41.85 3,347.85
7,253.67
87,044.06
$ 4,070.28 $ 8,818.94
$ 105,827.25
$ 35.24 $
$ 2,819.24 $
$ 6,'1 08.35 $
$ 73,300.26 $

33.56 $
2,684.99 $
5,817.48 $
69,809.77 $

39.86 $
3,188.43 $
6,908.26 $
82,899.10 $

48.46 3,876.46
8,398.99
100,787.86

46.15 3,691.86
7,999.04
95,988.43
$
$
$
$
84 $
$
s
$
$
$
$
$
s
$
$
83 82

31.96 $
2,557.13 $
5,540.46 $
66,485.49 $

30.44 2,435.37
5,276.63
63,319.52
$ 28.99 $
$ 2,319.40 $
$ 5,025.36 $
$ 60,304.30 $
$ 27.61 $
$ 2,208.95 $
$ 4,786.06 $
$ 57.432.67 $
$ 26.30 $
$ 2,103.76 $
$ 4,s58.15 $
$ 54,697.78 $
$ 25.04 $
$ 2,003.58 $
$ 4,341.09 $
$ 52,093.13 $

23.85 $
1,908.17 $
4,134.38 $
49,612.50 $

22.72 $
1,A17.31 $
3,937.50 $
47,250.00 $

21.63 $
1,730.77 $
3,750.00 $
$ 36.15
$ 2,892.00
$ 5,25s.99
$ 75,191.93

34.43 2,754.28
5,967.61
71,611 .36

37.96 $
3,036.60 $
6,579.29 $
78,351.53 $

32.79 $
2,623.13 $
5,683.44 $
68,20'1.30 $

31.23 $
2,498.22 $
5,412.80 $
64,953.62 $

29.74 2,379.25
5,1 55.05
61,860.59

28.s2 $
2,265.96 $
4,909.57 $
58,914.84 $

26.98 $
2,158.05 $
4,675.78 $
56,109.38 $

25.69 $
2,055.29 $
4,453.13 $

43.95 3,516.06
7,618.13
91,417.56
$ 41.86
$ 3,348.63
$ 7,255.36
$ 87,064.34
$ 39.86
$ 3,189.17
$ 6,909.87
$ 82,918.42
a7 07
3,037.30
6,580.83
78,969.92

36.1 6
2,A92.67
6,267.45
75,209.45
$ 34.44
$ 2,754.92
$ 5,969.00
$ 71,628.05

32.80 2,623.74
5,684.77
68,217.19

31.23 2,498.80
5,414.06
64,968.75

29.75 2,379.81

5.156.25
81 80
79 78
75 $
$
c
$
$
$
$
$
$
$
$
.50 61 00
Gity of Carpinteria
Management and Miscellaneous Unrepresented Personnel
Glassification and Compensation lnformation
Sala Schedule Effective October 2 2022
E - Exempt
NE - Non-Aempt
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
October 10, 2022

ITEM FOR COUNCIL CONSIDERATION
Ratify Approval of Amendment No. 2 to the Law Enforcement Services Agreement Between the City of Carpinteria and the County of Santa Barbara for a total of $5,056,981 for fiscal year 2022/23.

STAFF RECOMMENDATION
Ratify Approval of Amendment No. 2 to the Law Enforcement Services Agreement Between the City of Carpinteria and the County of Santa Barbara for a total of $5,056,981 for fiscal year 2022/23.

Sample Motion: I move to ratify approval of Amendment No. 2 to the Law Enforcement Services Agreement Between the City of Carpinteria and the County of Santa Barbara for a total of $5,056,981 for fiscal year 2022/23. (This motion requires a roll call vote.)

BACKGROUND
The Santa Barbara County Sheriff's Office ("SBSO") provides law enforcement services to the City of Carpinteria under contract. On June 10, 2019, the City Council approved and authorized the City Manager to execute the operative agreement for law enforcement services-Le., the Agreement to Provide Law Enforcement Services by and between the County of Santa Barbara and the City of Carpinteria from July 1, 2019 through June 30, 2023 (the "Agreement," attached hereto as Attachment 1).

DISCUSSION
The Agreement includes provisions for making an annual adjustment in how much the City compensates the County for providing law enforcement services. These provisions also specify, based on an annual recomputation, that the County will provide the City an 24690135.5
Law Enforcement Services Agreement, Amendment No. 2
October 10, 2022

Page 2 ends

estimated compensation amount on or before November 1 of each year and a final recomputation on or before January 15 of each fiscal year ("FY").

The City, along with the cities of Buellton, Goleta and Solvang, who also contract law enforcement services with SBSO, disputed the estimated FY 2021/22 contract amount, which for Carpinteria represented a 45% increase in costs. Negotiations between the City and the County ultimately resulted in a negotiated 18% increase over the prior fiscal year's compensation, for a total of $4,582,326, which was memorialized in Amendment No. 1 to the Agreement (attached hereto as Attachment 2). Rates were similarly raised for the other contract cities.

Earlier this year, the County once again informed the City of its intent to institute a 15% increase over FY 2021/22 rates, with similar notices sent to the other contract cities. All contract cities initiated the dispute resolution procedures outlined in their respective agreements to oppose the cost increase. Pursuant to the terms of the Agreement, the dispute was heard before a mediator, who proposed a total settlement amount for all the contract cities to pay the SBSO for law enforcement services to settle the dispute.

The City's allocated share of $5,056,981 is memorialized in an Amendment No. 2 to the Agreement, attached hereto as Attachment 2. The other Contract Cities have approved their respective amendments to their respective agreements per the mediator's recommendation, and amendments for all contract cities are expected to be considered by the County Board of Supervisors on October 11, 2022.

FINANCIAL CONSIDERATIONS
The City's FY 2022-23 total contract costs are $5,056,981. However, because the City budgeted the SBSO's full estimated contract cost amount ($5,277,977) in its FY 2022/23 budget, no additional appropriations need to be made.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office has reviewed and approved as to form Amendment No.2 to the Agreement and will be present at the council meeting to answer questions.

ATTACHMENTS
A. Agreement to Provide Law Enforcement Services by and between the County of Santa Barbara and the City of Carpinteria from July 1, 2019 through June 30, 2023
B. Amendment No.1 to the Law Enforcement Services Agreement Between the City of Carpinteria and the County of Santa Barbara
24690135.5
Law Enforcement Services Agreement, Amendment No. 2
October 10, 2022

Page 3 ends

C. Amendment No.2 to the Law Enforcement Services Agreement Between the City of Carpinteria and the County of Santa Barbara
Reviewed by: Jena Shoaf Acos ~ "<y fi
On behalf of Brownstein Hyatt Farber Schreck, LLP , , dl-o 'f \)-e_lN-- ~ o "t--- P,.,c_ o $" Acting as City Attorney of the City of Carpinteria
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Signature
Signature
24690135.5
Law Enforcement Services Agreement, Amendment No. 2
October 10, 2022

Page 4 ends

ATTACHMENT A
24690135.5
t*.

Contract Law Enforcement Serv¡ces
¡ri!
I I':,i I _i
I r j !t \ ì '.
r¡
**
liccTrirq 'l'lta llactcc ÅT¿¿cc lt'sU

Page 0 of 34 ends

Table of Contents

PREAMBLE
L
)
J.

4. 5.

6. 7.

8. 9.

10. IL

12. 13.

14. 15.

16. 17.

18. 19.

20. 2t.

22. 23.

24. 25.

26. 27.

Designated Representative
Notices
Scope of Services.

Term.........

Standard of Performance
Compensation of County
Indemnification and Insurance...

Ownership of Equipment ..............

Independent Contractor. ................

Nondiscrimination
Nonexclusive Agreement ........

Assignment,
Termination
Section Headings..........

Severability
Remedies Not Exclusive
Time is of the Essence...,
No Waiver of Default....,
Entire Agreement and Amendment............

Successors and Assigns
Compliance with Law
Califomia Law
Execution of Counterparts............

Authority
Precedence
Dispute Resolution
Agreement Not Considered Against Drafter.... .6
Signature Page 7
Attachments:

Exhibit A:

Exhibit A-l:

Exhibit A-2:

Exhibit B:

Exhibit C:

Exhibit D:

Exhibit E:

Exhibit E-l:

Statement of Work
Deputy Sheriff Service Unit.....

Monthly Sheriff Reports ....................

Payment Methodology .......................

Cost Model
Special Insurance and Indemnification
C ity Specifi c Agreement .....................,
City Annual Cost Computation Sheet..
.8
l6
18 l9
24 26
28 JJ
2 2
2 2
2 J
a
J
3 J
J
a
J
J
J
4 4
4 4
4 4
5 5
5 5
5 5
5 5

Page 1 of 34 ends

AGREEMENT TO PROVIDE W ENFORCEMENIT SERVICES
THIS AGREEMENT (hereafter Agreement) is made by and between the County of Santa Barbara, a political subdivision of the State of Califomia (hereafter COUNTÐ and the City of Carpinteria, an incorporated city having its principal place of business at 5775 Carpinteria Avenue, Carpinteria, CA 93013, (hereafter CITÐ wherein COUNTY agrees to provide and CITY agrees to accept the services specified herein.

WHEREAS, CITY has requested COUNTY, through its Sheriffs Offrce, to provide law enforcement services pursuant to a contractual agreement; and WHEREAS, the COUNTY, through its Sheriff s Office, has expressed willingness to provide law enforcement services on a cost reimbursement basis, as authorized by California Government Code section 51300 et seq.; and
WHEREAS, in recognition that this Agreement represents significant cost to CITY, COUNTY recognizes its responsibility of fiscal stewardship and to that end, is committed to providing law enforcement services in a fiscally responsible manner.

NOW, THEREFORE, in consideration ofthe mutual covenants and conditions contained herein, the parties agree as follows:
l. DESIGNATED REPRESENTATM. The currently assigned City of Carpinteria Station Lieutenant at phone number (805) 755-4438 is the representative of COUNTY and will administer this Agreement for and on behalf of COUNTY. The City Manager at phone number (805) 755-4400 is the authorized representative for CITY. Changes in designated representatives shall be made only after advance written notice to the other party.

2. NOTICES. Any notice or consent required or permitted to be given under this Agreement shall be given to the respective parties in writing, by first class mail, postage prepaid, or otherwise delivered as follows:

To COUNTY: Sheriff Bill Brown, P.O. Box 6427,SantaBarbara, CA 93160 To CITY: City Manager, City of Carpinteria, 5775 Carpinteria Avenue, Carpinteria, CA. 93013
or at such other address or to such other person that the parties may from time to time designate. Notices and consents under this section, which are sent by mail, shall be deemed to be received five (5) days following their deposit in the U.S. mail.

3. SCOPE OF SERVICES. COLfNTY agrees to provide law enforcement services to CITY in accordance with Exhibits A through A-2 and Exhibit E attached hereto and incorporated herein by reference.

4. TERM.

A. Basic Term. The term ofthis Agreement shall commence July 1,2019, and continue through June 30, 2023, a four (4) year term, expiring on June 30, 2023, unless sooner terminated pursuant to Paragraph 13, Termination, below, or extended as described in Paragraph 4(B).

Page 2 of 34 ends

B. Extended Term. The terms of this Agreement may be extended for one period of (2) years, if the Sheriff and City Manager determine to so extend the term and written notice of such renewal is given to the other party at least six (6) months prior to expiration. The extended tem shall be referred to as the Extended Term of the 2019-20 Agreement.

C. Appropriations Limitation. CITY and COUNTY each acknowledge that annual budgetary appropriations in future years for payment and services hereunder are subject to the approval of their respective legislative bodies.

5. STANDARD OF PERFORMANCE. CO{INTY represents that it has the skills and expertise necessary to perform law enforcement services required under this Agreement, as described in Exhibits A through A-2 and E.

6. COMPENSATION OF COUNTY. COUNTY shall be paid for performance under this Agreement in accordance with the terms of Exhibit B and C attached hereto and incorporated herein by reference.

7. INDEMNIFICATION AND INSURANCE. CITY and COUNTY agree to defend, indemni$ and save harmless each other and to procure and maintain insurance in accordance with the provisions of Exhibit D, attached hereto and incorporated herein by reference.

8. OWNERSHIP OF EOUIPMENT. COTINTY shall be the owner of all items incidental to the performance of this Agreement. Equipment or supplies purchased by CITY to aid in the performance of law enforcement services shall remain the property of CITY. No transfer of ownership of equipment from COUNTY to CITY shall occur as a result of this Agreement. It is understood that COUNTY shall provide all equipment and supplies necessary to the performance of this Agreement and that any CITY-owned equipment and supplies are provided voluntarily. CITY and COUNTY shall have no obligation to maintain or replace any CITY-owned equipment and supplies. Upon termination of the Agreement or applicable menu items within the agreement, an equipment or supplies purchased by the CITY for COUNTY may, at CITY sole discretion, revert to CITY ownership.

9. INDEPENDENT CONTRACTOR. It is expressly understood between the parties to this Agreement that no employer/employee relationship is intended; the relationship of COUNTY to CITY being that of an independent contractor and CITY and COUNTY retain sole and independent liability forthe actions of the employees of each.

10. NOI\DISCRIMINATION. COLINTY hereby notifies CITY that COUNTY'S Unlawtul Discrimination Ordinance (Article XIII of Chapter 2 of the Santa Barbara County Code) applies to this Agreement and is incorporated herein by this reference with the same force and effect as ifthe ordinance were specifically set out herein and CITY agrees to comply with said ordinance.

I L NONEXCLUSIVE AGREEMENT. CITY understands that this is not an exclusive Agreement and that COLINTY shall have the right to negotiate with and enter into contracts with other Santa Barbara County cities and/or other entities to provide the same or similar services.

12. ASSIGNMENT. Neither party shall assign any of, its rights nor transfer any of its obligations under this Agreement without the prior written consent of the other party and any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination of this Agreement.

Page 3 of 34 ends

13. TERMINATION.

A. By COUNTY
l. Termination for Convenience. COUNTY may terminate this Agreement upon Three Hundred Sixty Five (365) days' written notice. Upon the date of termination, COUNTY shall cease work and notify CITY as to the status of its performance.

2. Termination for Cause. Should CITY default in the perforrnance of this Agreement or materially breach any of its provisions, COUNTY may, at COLINTY'S sole option, terminate this Agreement by Ninety (90) days written notice.

B. Bv CITY

1. Termination for Convenience. CITY may terminate this Agreement upon Three Hundred Sixty Five (365) days' written notice.

2. Termination for Cause. Should COLINTY default in the performance of this Agreement or materially breach any of its provisions, including by failing to provide CITY all or any part of the services set forth in Exhibit A, CITY may, at CITY'S sole option, terminate this Agreement by Ninety (90) days written notice.

Notwithstanding any other payment provision of this Agreement, CITY shall pay COUNTY for service performed to the date of termination, including any prorated amount of compensation due hereunder less payments, if any, previously made.

14. SECTION HEADINGS. The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

15. SEVERABILITY. If any one or more ofthe provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof; and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

16. REMEDIES NOT EXCLUSIVE. No remedy herein confered upon or reserved to the parties is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.

17. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement and each covenant and term is a condition herein.

18. NO WAMR OF DEFAULT. No delay or omission of by either party to exercise any right or power arising upon the occuffence of any event of default shall impair any such right or power or shall be

Page 4 of 34 ends

construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Agreement to each party shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of the exercising party.

19. ENTIRE AGREEMENT AND AMENDMENT. In conjunction with the matters considered herein, this Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives its future right to claim, contest or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course ofconduct, waiver, or estoppel.

20. SUCCESSORS AND ASSIGNS. All representations, covenants and warranties set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefìt ofsuch party, its successors and assigns. 2l . COMPLIANCE WITH LAW. Both parties shall, at their sole cost and expense, comply with all applicable City, County, State and Federal ordinances and statutes now in force or which may hereafter be in force with regard to this Agreement.

22. CALIFOR¡IIA LAW. This Agreement shall be govemed by the laws of the State of Califomia.

Any litigation regarding this Agreement or its contents shall be filed in the County of Santa Barbara, if in state court; or in the federal district court nearest to Santa Barbarc County, if in federal court.

23. EXECUTION OF COUNTBRPARTS. This Agreement may be executed in any number of counterparts and each ofsuch counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

24. AUTHORITY. The parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state andlor federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, COUNTY and CITY hereby warrant that each shall not have breached the terms or conditions of any other contract or agreement to which COUNTY or CITY is obligated, which breach would have a material effect hereon.

25. PRECEDENCE. In the event of conflict between the provisions contained in the numbered sections of this Agreement and the provisions contained in the Exhibits, the provisions of the Exhibits shall prevail over those in the numbered sections. In the event of conflict between the provisions contained in the numbered sections of this Agreement, Exhibits and subsequent contract Amendments, the most current contract Amendment shall prevail over the provisions, Exhibits and/or prior Amendments.

26. DISPUTE RESOLUTION PROCESS. Before commencing any legal proceeding in any court of law, any controversy, arising out of or relating to this Agreement, its enforcement, or interpretation, including claims of an alleged breach (but excluding a dispute regarding the level of service subject to procedure set forth in Paragraph 2.B. of Exhibit A) shall be first submitted to non-binding mediation. Written notice stating the basis of the dispute, including the amount disputed, if any, shall be provided to the other party within thirty (30) days of the event giving rise to the dispute. During the next th¡rty (30) days following

Page 5 of 34 ends

receipt of notice, the parties shall engage in good faith efforts to resolve the dispute through the appropriate internal hierarchy of each agency. If the dispute remains unresolved, the matter shall be referred to a neutral mediator agreed to by both parties. If the parties cannot agree on a mediator, the mediator shall be appointed pursuant to the Commercial Arbitration Rules of the American Arbitration Association, unless the parties mutually agree to choose the mediator in another manner. The mediator shall hear presentations and documentary evidence from the parties. The rules of evidence shall not apply to the mediation. At the conclusion of the mediation, the mediator shall render a written decision. Any costs of retaining the services of the mediator shall be shared equally by the COUNTY and CITY. The parties intend that the dispute resolution procedures provided for hereunder shall be conducted in as expeditious a manner as possible.

27. AGREEMENT NOT CONSTRUED AGAINST DRAFTER. This Agreement has been negotiated and prepared by the parties and their respective counsel, and should any provision of this Agreement require judicial interpretation, the court interpreting or construing the provision shall not apply a rule of construction that a document is to be construed against one party.

Page 6 of 34 ends

Exhibit A: Statement of Work
L Delivery of Services .......

2. General Law Enforcement Services.....

A. General Law Enforcement Services, Defined
l. Labor and Materials ....

2. Marked Vehicles

3. Prosecution of Offenses

4. Custody & Coroner Functions
B. Level of Service to be Provided
l. County Recommendation .....

2. Levelof Service Adjustment

3. Level of Service Review................
9 9
9 9
9 9
9 Specialized Law Enforcement Functions
Grant Administration .............

Service Limitations of County of Santa Barbara......

3. Supplemental Law Enforcement Services...

A. Additional Level of Service
l. Definition

2. Grant Programs...

B. One-time or Periodic Level of Service Enhancements...... l. Definition

2. City Cost

3. Request Process for Planned 8vents...........,

4. Provision of One-time or Periodic Services

4. PersonnelManagement
Hiring, Training & Discipline of Staff
Exclusive Authority
City Personnel Recommendations ......

Employee Personnel Issues
Orientation
C.

E.
ll
ll
1l
ll
ll
1l
t2
t2
l2
t2
l3
l3
A.

E.
l3
l3
l3
l3
l4
t4
15 5. Enforcement of Laws...

6. MutualCooperation

7. Maintenance of Records...........

8. Monthly and Annual Reports...

Exhibit A-1: Deputy Service Unit .....

Exhibit A-2: Monthly Report Sample
.......14
.......t4
.......14

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t6
l8
Exhibit A: Statement of Work
The purpose of Exhibit A is to describe and define the type and level ofwork to be performed. l. Deliverv of Services.

COLINTY, through its SherifPs Office, shall deliver general law enforcement services within the incorporated limits of the City of Carpinteria according to the terms and conditions set forth herein.

It is the goal ofthe Sheriffs Office to provide a high level of professional excellence; respond to calls for service promptly; protect lives and property to the best of its ability; practice community oriented policing and conduct itself in a manner that promotes trust and legitimacy and is participatory in community matters and events; initiate programs that prevent and deter crime or improve the quality of life; stay abreast of modern policing methods and technology; and apprehend criminal offenders.

2. General Law Enforcement Seruices.

A. COLINTY agrees to provide general law enforcement services for CITY, which include 2417 police patrol; criminal investigation/detectives; technical services; direct support and administrative functions; emergency Dispatch; general traffic enforcement, accident investigation, and parking control; all services included within aDeputy Sherriff Service Unit, as defined in Exhibit A-l; and all Specialized Law Enforcement Functions, as defined in Paragraph2.C.
l. Labor and Materials. COUNTY shall supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to perform all duties and functions to maintain the level of service to be rendered hereunder. Notwithstanding anything contained herein, in all instances where special supplies, stationery, notices, forms and the like must be issued in the name ofCITY, the same shall be supplied by CITY at CITY'S cost and expense.

2. Marked Vehicles. The Sheriffs Office may authorize defined areas of patrol vehicles to display CITY insignia indicating they are CITY police vehicles. If CITY elects to display approved CITY insignia the cost of such insignia will be at CITY expense.

3. Prosecution of Offenses. CITY and COUNTY shall continue their existing practice regarding the prosecution of offenses, with CITY responsible for the prosecution of infractions and City Ordinances, and COUNTY, through the District Attorney's Office, responsible for the prosecution of all other offenses. There shall be no cost effect on the parties under this Section.

4. Custod]¡ and Coroner Functions. It is generally understood by both parties at this writing that current law requires conventional custody and coroner functions be provided at the COUNTY'S obligation and expense throughout the County of Santa Barbara regardless of incorporated or unincorporated boundaries. CITY, therefore, will not be invoiced for custody or coroner services. This item is also addressed in Exhibit B, Paragraph l(B).

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B. Levelof Service
l. Level of Service Recommendation. The level of service, workplace and/or geographic boundaries for general law enforcement services to CITY will be recommended by COUNTY by November 1 of each year with service level adjustments occurring July 1 of the following year. The level of service refers to the sum of Deputy Sheriff Service Units (as defined in Exhibit A-l) ordered, supervision, contract management, support functions, equipment, capital structures, major assets, services, supplies, and other incidental costs attributable to the provision of general law enforcement services within the then current geographic boundaries of CITY. In consultation with COUNTY, CITY may enhance the level of law enforcement services as defined under Paragraph 3, "Supplemental Law Enforcement Services."

2. Level of Service Adjustment.
a. Adjustment Recommendation by COUNTY. If COUNTY proposes to raise the level of service above the level of service provided in the prior year, COUNTY shall provide CITY, along with its recommendation, data supporting its determination that a higher level of service is necessary to protect public and officer safety along with its recommendation. If requested by CITY, COUNTY will discuss altemative service options. b. Adjustment Request by CITY. If CITY wishes to reduce the level of service below the level of service provided in the prior year, CITY shall make a written request to COLINTY within 30 days of the date it receives COUNTY'S level of service recommendation. CITY shall provide information supporting its request for a reduction in service level. c. Consideration of Adjustment. The parties agree to work in good faith to review and consider the adjustment recommendation or request, including providing any supporting information or data that either party may request to support the recommendation or request.

3. Level of Service Review. If the parties do not come to agreement on an adjustment recommendation or request through the process set forth in Paragraph 8.2., CITY may request review from the Undersheriff. The Undersheriff shall engage in a face-to-face meeting with the CITY to review the recommendation or request and shall considerthe CITY'S position in good faith. The parties shallmake all reasonable efforts to complete this process by April l5 of any year in which the process is utilized.

4. Minimum Level of Service. COLINTY is under no obligation to allow a minimum level of service that jeopardizes public or officer safety. If the level of service review, as set forth in Paragraph2.B.3., is completed and the parties do not come to an agreement regarding the required level of service, the parties agree that the Sheriff shall have final authority to determine minimum level of service for this Agreement.

Page 10 ends

5. Amendment. If the foregoing process results in an increase or decrease to levels of service, the parties shall prepare and execute a written amendment to this Agreement as to the terms and conditions of the increase or decrease; all other terms set forth in this Agreement shall continue in full force and effect.

C. Specialized Law Enforcement Functions. Specialized law enforcement frrnctions, such as: K-9; Mounted Unit Patrol; Search & Rescue; Hostage Negotiations; Special Enforcement (SWAT) Team; Dive Team, Hazardous Devices Team, Professional Standards Investigations, Reserve Forces; Fugitive/WanantDetail; and/or Helicopter/fixed wing patrol are included in the cost of a Deputy Service Unit, described in Exhibit A-1, and may also be provided within the City Limits as needed and when deemed appropriate by COUNTY. CITY will not be invoiced separately for these services unless the service is requested by CITY as described in Section 3.

D. Grant Administration. The Administrative function will also include the ability and authority for COUNTY to apply, administer and implement grant opportunities for the benefit of CITY with the expressed written permission of the Designated Representative of CITY.

E. Service Limitations of COUNTY. All references to General Law Enforcement Services contained in this Agreement are references only to services that shall be delivered under the terms of this Agreement.

3. Supplemental Law Enforcement Services.

A. AdditionalLevel(s) of Service.
l. Definition. Additional Level(s) of Service refers to supplemental or specialized law enforcement services not included in, "General Law Enforcement Services," as defined in Section 2, above. CITY may request an additional level of service such as, but not limited to: dedicated traffic enforcement, Community or School Resource Officers, dedicated specialty units (k-9, gang enforcement, etc.) or grant programs that are within the legal authority of COUNTY to provide. Another example is the application, administration and implementation of a supplemental grant program. Other supplemental law enforcement services are set forth in Exhibit A-1.

CITY may request this additional level of service in writing to COUNTY'S Station Lieutenant. COUNTY will consider CITY'S requests and, at its option, implement these requests with any additional, actual expense invoiced to CITY.

2. Grant Proqrams. If the additional level of service is tied to a grant program,

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3. CITY will be invoiced for actual, additional costs above the grant award for the applicable time period unless COUNTY and CITY agree otherwise. This assumes that any grant funds are received directly by COUNTY. CITY may request and COUNTY may provide cost estimates prior to the implementation of a grant andlor program. CITY understands that actual, additional costs may vary slightly (high or low) from original estimates. Any supplemental, material expenses related to ongoing programs will be recommended by COUNTY to CITY in advance of purchase. CITY understands and accepts that if a supplemental item related to an ongoing program is not approved by CITY, COUNTY may exercise the option to refrain from further work on the grant or program. CO{-INTY will apply Departmental and/or County overhead to a grant cost when the provisions of the grant allow for the accounting of overhead expense. CITY understands and accepts that the net cost ofgrant overhead may become an expense to CITY when other provisions are not agreed upon in writing by both parties in advance ofthe implementation of the grant. CITY understands and accepts any ongoing fiscal, staffing, and/or programmatic obligations incurred in the acceptance of a grant. An example of such an obligation may include a grant requirement to retain a staffing position for a time period beyond the original grant award period.

B. One-time or Periodic Law Enforcement Services
l. Defìnition. One-time or Periodic Law Enforcement Services refers to the provision of periodic or one-time enhancements to the level of general law enforcement services provided, such as, but not limited to: additional security for special events and seasonal staffing. These planned and/or unplanned events usually require additional, short-term law enforcement services. For planned events, upon written request of CITY to COUNTY, COUNTY will review and recommend the appropriate level of service for the event or occurrence and provide CITY with services within the available staffing and legal authority of COUNTY. In the instance of an unplanned event or emergency requiring law enforcement services in order to maintain public safety, COUNTY will immediately respond with an additional level of law enforcement service as determined by COUNTY in accordance with existing mutualaid agreements.

2. Citv Cost. CITY will be invoiced for actual, additional costs of any and all one time or periodic law enforcement services unless there exists no actual, additional cost (process described in Paragraph 3(BX4) herein). CITY may request a written cost estimate in advance of a planned event and CITY understands and accepts that actual, additionalcosts of the event may vary ftigh or low) from the estimate.

3. Request Process for Planned Events. The request for additional law enforcement services for planned events shall be memorialized in writing, printed or electronic, between the two parties through their respective Designated Representatives. The writing will describe the nature of the event, specific dates, times and addresses and may include a suggested level of service. The CITY will provide COLINTY with as much advance notice as is possible and practical prior to the event, for COUNTY scheduling purposes.

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4. Provision of One-time or Periodic Services. COLINTY shall grant such requests if and when it is capable of doing so. This will first be accomplished using existing staff during regularly scheduled work hours iflwhen the provision of such services would not unreasonably interfere with the Sheriffs provision of general law enforcement services to the unincorporated portion of the County. If the request can be accomplished within the regularly scheduled hours that are already included within this Agreement, there may be no actual, additional expense incurred by CITY. The second staffing priority will be the use of additional personnel through overtime scheduling ofthe Sheriffs Office staff. The third staffing priority will be provided by means of COUNTY'S request of additional personnel from a neighboring law enforcement agency. COUNTY shall provide notice to CITY prior to providing service under the second or third staffing priority, when feasible. Any additional personnel and/or equipment used in the provision of supplemental law enforcement services will be invoiced above the base agreement amount in a manner described in Exhibit B. The priorities set forth herein are designed to keep CITY'S costs to a minimum and are consistent with current practice.

4. Personnel Management.

A. Hirine. Training and Discipline of Staff. The hiring, training, discipline and/or control of all Sheriff s Office personnel employed under this Agreement shall remain under the appropriate chain-of-command within COUNTY Sheriff s Office. All persons employed in the performance of services and functions for CITY pursuant to this Agreement shall be COUNTY employees.

B. Exclusive Authority. Subject to the terms of this Agreement, the Sheriff shall retain exclusive authority over the activities of his/her personnel. The planning, organization, scheduling, direction, supervision, standards of performance and discipline of Sheriffs personnel, and all other related matters incidental to the delivery of General Law Enforcement Services to CITY shall be as determined by the Sheriff. Nothing herein shall be deemed to limit the Sheriffs authority to move, transfer and/or discipline Sheriffs Office personnel as Sheriff in his/her discretion deems appropriate.

C. Citv Personnel Consultations and Recommendations. CITY may request to be consulted on the selection or replacement of the station Lieutenant, who will represent the Sheriff as Chief of Police, and any personnel for any position related to supplemental law enforcement services of a specialized nature that the CITY has requested. CITY may request review or transfer of Sheriffs personnel as a consequence of services and functions performed under this Agreement, and such request shall be considered in good faith by Sheriff in determining the appropriate course of action, if any. CITY may make these requests through the Station Lieutenant.

D. Employee Pay Issues. CITY shall not assume any liability for the direct payment of any salaries, wages or other compensation to any COUNTY personnel performing services hereunder for CITY, including liability for workers' compensation claims or injury or illness arising out of COUNTY personnel's performance of this Agreement (aside from costs included within the Deputy Sheriff Service Unit as defined in Exhibit A-1). Except as otherwise provided herein, no person employed by COLINTY hereunder shall have any rights to pension, civil service, or other status or right from CITY by virtue of this Agreement; and

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no CITY employee shall have any rights to pension, civil service or other status or right from COUNTY by virtue of this Agreement.

E. Orientation. Personnel assigned to CITY pursuant to the terms of this Agreement shall receive appropriate orientation regarding the special characteristics and needs of CITY.

Training shall include familiarization with CITY municipal codes, key CITY staff and CITY departments that will interact with Sheriff personnel.

5. Enforcement of Laws.

Sheriff shall enforce the statutes ofthe State of California and the municipal police ordinances of CITY. When requested, Sheriff will assist in the enforcement of CITY Code provisions in cooperation with CITY'S staff and Code Enforcement personnel.

6. Mutual Cooperation.

To facilitate the delivery of selices under this Agreement, COUNTY shall have full cooperation and assistance from CITY, its officers, agents and employees and CITY shall have full cooperation and assistance from COLINTY, its ofÏicers, agents and employees.

7. Maintenance of Records.

COTINTY shall keep reasonably itemized and detailed records and reports as required by law, grants and/or generally accepted accounting principles on behalf of CITY. CITY records shall be maintained by COIINTY pursuant to COUNTY practice and as required by law, and shall be available to CITY for inspection after reasonable prior notice to COUNTY. CITY understands and accepts that various records may be destroyed after specific time periods have passed and thus unavailable for inspection.

8. Monthlv and Annual Renorts.

Within Fifteen (15) working days after the end of each calendar month, COTINTY via the Sheriff s Law Enforcement Contract Services Bureau, shall provide CITY a monthly report of law enforcement service statistics as set forth in Exhibit A-2 hereto. These monthly reports will also be summarized in a quarterly report. COLINTY further shall provide CITY an annual report iflwhen applicable. COUNTY and CITY may work together to modi$r the format and content of the report as needed and when practical.

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Exhibit A-1: Deputy Sheriff Service Unit
Sheriffls services are generally provided in the form of Deputy Sheriff Service Units (DSSU). One DSSU is equivalent to the sworn and support personnel required to staff one patrol position 24 hours a day for I year.

One Deputy Sheriff Service Unit equates to:

A sufficient number of Sheriff Deputies to provide for 24-hour coverage, seven days a week for one year, including relief (lost time). This equates to 8,760 hours of service to CITY a year per DSSU ordered. If for any reason the Sheriff falls below 98% compliance in providing this level of service, CITY will not be charged for the shoÉage. CITY will also be entitled to an explanation for the shortage ofservice and a proposed resolution.

If CITY compliance rate goes above lllYo for each of three consecutive months, CITY and COLINTY will meet and confer. If, subsequent to the meet and confer, the compliance rate remains above ll2Yofor any additional consecutive calendar months but below the threshold for an additional Deputy Sheriff Service Unit, CITY will pay the percentage above ll2yo, at the Deputy Sheriff Service Unit rate for those consecutive calendar months. If and when CITY compliance rate falls below ll2Yo for a calendar month, CITY will no longer pay the percentage above ll2Yo at the Deputy Sheriff Service Unit rate unless and until the compliance rate once again remains above ll2o/o for each of three consecutive calendar months and CITY and COLINTY meet and confer. This will apply to the current Agreement and any extension to the current Agreement.

Since timekeeping is a critical component of a DSSU, COUNTY is committed to ensuring that COUNTY is appropriately tracking time. COUNTY agrees that it will provide training and updates to its sworn and support personnel and will also audit the timekeeping system periodically. CITY will be provided with monthly reports to demonstrate time compliance reporting as described in Exhibit A-2.

Additionally, all management, supervision, investigative support, administrative support, overtime and supply costs are included. This ensures that there are no unexpected cost increases to the CITY for the annual duration of the contract. The costs for all services and supplies, relief (lost time) factors, overtime, labor, and insurance costs will be calculated each year based on prior year actual costs and provided to CITY prior to the end of the current fiscal year.

The following are Supplemental Law Enforcement Services available for purchase, also referred to as menu items:

Deputy Sheriff
o Additional deputy to enhance patrol functions or focus on specific interests and needs of CITY.

School Resource Deputy
. Typical duties involve enforcement of state, local and education code laws. ¡ Liaison between school officials, City staff and the Sheriffls Office.

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o Provide education classes to students, parents and community members impacted by the school.
o Complete School related projects as directed.
o Investigate youth related offenses related to the school on and off campus.

Community Resource Deputy
. Typically works as a liaison between CITY staff and Sheriff s personnel. . Works cooperatively with the City Manager, or designee, and the Station Lieutenant; focuses on interests unique to the city.
o Develops crime prevention programs and provides public education and instruction.
. Typically assists with coordinating CITY sponsored events.

Detective
¡ Investigates general or specific criminal violation cases developed by patrol personnel.

Sergeant
o Supplemental supervision for groups of deputies assigned to similar duties or projects.

Administrative Offi ce Professional
o Clerical staff assigned to process incident, crime and traffic reports. e Responsible for records processing and information coordination with the District Attorney and other local state and federal agencies.

Sheriff s Service Technician
o Under general supervision performs a variety of non-sworn technical and clerical based administrative duties in the office and the field. Supports sworn law enforcement personnel by performing tasks that do not require a swom deputy to perform.

Supplemental Law Enforcement Services include overhead costs. They can be provided with or without a relief factor.

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Exhibit A-2: Monthly Sheriff s Report
List of Collected Statistics
Crime Report Statistics
Criminal Homicide
Robbery
Burglary- Residential
Burglary- Institutional
Vehicle Theft
Theft
Theft- Recovery Value
Accidents
Person Injured
Persons Killed
DUI Arrests
Towed Vehicles
Traffic Statistics
Forcible Rape
All Assaults
Burglary- Commercial
Burglary- All Others
Vehicles Recovered
Theft- Value
Injury Collisions
Fatal Collisions
Citations
AB32l Violations
Caseload
Felony Arrests Misdemeanor Arrests
Potential Homeless/Transient Contacts
Number of Contacts Time Spent on Calls
Deputy Sheriff Service Unit Hours
Time spent on calls for service
Time spent on report writing and administrative duties
Proactive patrol and Crime Prevention activities

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Exhibit B: Payment Methodology
General Compensation
A. ReimbursableExpenses
B. County Obligations
Annual Recomputation of Compensation
A. Recomputation of General Law Enforcement Services.

B. Material Changes to Service Level.........

C. Payment Process
D. Revised Exhibit C........

E. Future Annexation
Additional Law Enforcement Services
A. Annual Agreement
B. Estimates..

C. Cost Tracking &.Invoicing
D. Payment Process
Miscellaneous
A. BookingFees..........

B. Third Party Reimbursements...........

C. Facilities...

D. Capital Improvements..

E. Other Law Enforcement Agencies............
...........20
..20
2 3

4. 20
.............21
.............21
.............22
.............22
...........23
^a/1
.22
.22
.22
.22
23 23
23

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Exhibit B: Payment Methodology
L GeneralComnensation.

A. Reimbursable Expenses. Subject to the terms of this Agreement, CITY shall pay to COUNTY the costs incurred by COUNTY in providing the services contracted for or otherwise authorized under the terms of this Agreement, including:

Salaries and benefits of all COUNTY officers and employees engaged therein for positions defined in Exhibit A-l: Deputy Sheriff Unit;
Direct supervision;
Clerical support;
Contract Law Enforcement Services Unit;
Direct services and supplies;
Departm ent-appl ied overhead;
(a percent applied to salaries and benefits expenses only); A proportionate share of Law Enforcement Dispatch and Records; Management services;
Any actual, additional costs associated with supplemental law enforcement services (as described in Exhibit A, Paragraph 3); and, Any other mutually agreed upon expense that arises during the term of the AGREEMENT. Examples include CITY'S request to participate in a COUNTY bid process, or sharing a purchasing contract forthe purpose ofquantity discount to the benefit of both parties.

B. COUNTY Obligations. CITY will not be billed for general overhead costs of operation of the County government until or unless authorized by applicable provisions of the then-current Government Code. COUNTY shall not charge CITY for any service or function performed by the COUNTY attributable to services made available to all portions of the County, such as Custody or Coroner services, as referenced in Exhibit A (2XB).

2. Annual Recomputation of Compensation
A Recomputation of General Law Enforcement Services. Except as otherwise specified hereinafter, the total amount charged for General Law Enforcement Services, as defined in Exhibit A, Paragraph 2, shall be recomputed annually with an estimate provided by COUNTY on or before November I't of each calendar year for the following fiscal year, with the fiscal year defined as July l't through June 30th. A frnal recomputation will be provided by COUNTY for the fiscal year beginning July I't on or before January l5th of the same year. The recomputation calculation shall be determined by COUNTY based on actual costs of providing General Law Enforcement Services described in Exhibit A, Paragraph 2, from the previous fiscal year. The recomputation formula will specifically include actual costs for items specified in Exhibit B, Paragraph l. The total agreement amount for the applicable fiscal year will be effective July l't of that fiscal year, subject to review by CITY as provided in Exhibit A, Paragraph 4, above. Staff representatives

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of COUNTY and CITY are advised to meet during the calculation process and prior to any formal presentation before their respective governing bodies. In the event cost increases will have a detrimental impact to the CITY'S budget, Sheriff will meet with CITY, upon its request, and discuss staffing adjustments to mitigate costs, provided service levels do not drop below safe levels as described in Exhibit A, section 2(BXl).

The annual cost computation will be provided to CITY as Exhibit E-l and will be referred to as First (l't) Annual Cost Computation, Second Annual Cost Computation ifthis Agreement is extended, and Third (3'd) AnnualCost Computation if this Agreement is further extended.

B. Increases to Service Level Requested by City. In the event that CITY desires to increase the then-existing type or level of staffing provided under the terms of this Agreement - in addition to other procedures set forth in this Agreement - CITY will make a written request to COUNTY in December of each year for changes to be applied to the succeeding frscal year.

CITY'S request shall detail the specific type and level of staffing CITY desires, with CITY acknowledging that the costs of such services may impact the total, negotiated agreement for the relevant fiscal year. COUNTY shall review said annual request within thirty (30) days of COLTNTY'S receipt thereof and acknowledge acceptance or rejection by letter to CITY'S Designated Representative. Upon notice from COIINTY of acceptance or partial acceptance of said request, and the cost of providing the type or level of staffing therein agreed upon, the parties shall prepare and execute a written amendment to this Agreement as to the terms and conditions set forth in said annual request and acceptance; all other terms set forth in this Agreement shall continue in full force and effect. In the event COUNTY rejects all or any portion of said annual request, the then-existing type and level of staffing shall remain in full force and effect, as modified by the acceptable portions of said annual request, until such time that the parties reach agreement as to the rejected portions of said annual request. An increase in level of service recommended by COIJNTY, or decrease requested by CITY, is subject to the procedures set forth in Paragraph 2 of Exhibit A and not this Paragraph.

C. Payment Process. The total estimated cost for the applicable fiscal year will be divided by twelve ( l2) months and invoiced monthly to CITY for full payment on or before the 25th of the applicable month in which services are rendered. For example, law enforcement services provided in the month of July are due July 25th. The purpose of this specific due date is to match earned obligations with earned receipts in the same accounting period, which benefits both parties administratively. CITY'S payment shall be made by check or electronic transfer. A check shall be made payable to the order of, "Santa Barbara County Sheriffs Office" and mailed to the COUNTY address specified in Paragraph l, Designated Representative, unless otherwise directed in writing by COUNTY. If such payment is not delivered to the COLINTY office within thirty days of the respective due date, COUNTY is entitled to recover interest thereon. Said interest shall be assessed using the COUNTY'S pooled interest rate in effect at the time; it shall commence thirty (30) days after the date of the invoice and continue until such time as the payment is delivered to the COUNTY office described on said invoice.

D. Revised Exhibit E. A revised Exhibit "E", (to be called Exhibit E-l,E-2, etc., and dated with the effective date of said Exhibit) shall be provided by COUNTY to CITY showing rate adjustments and the consequent adjustment in monthly compensation due COUNTY

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whenever there is any recomputation of compensation due COUNTY. Any such revised Exhibit E shall constitute an amendment to this Agreement upon signature by the City Manager, or his designee, and the Sheriff on behalf of the COUNTY. The format of Exhibit E may be revised from time-to-time according to current accounting practices, service changes, ClTY-requested changes in format or other unforeseen circumstances at the time of this Agreement.

E. Future Annexation. In the event that CITY annexes any new area near the incorporated City limits, COUNTY will continue or begin to provide law enforcement services to that annexed area under the terms of this Agreement. Additionally, within thirty (30) days of applicable annexation, the compensation due to COUNTY by CITY will be adjusted to serve the newly-annexed area(s).

3. Additional Law Enforcement Services.

A. Annual Aqreement. CITY costs for One-time or Periodic Law Enforcement Services, as defined in Exhibit A,Paragraph 3, will not be included in the totalAgreement amount.

B. Estimates. CITY may request an estimated cost from COUNTY as described in paragraph 2(A) for budget preparation and planning purposes for the fiscal year or in advance of a planned event. CITY understands and accepts that such an estimate in no way represents any minimum or maximum charge to CITY.

C. Cost Tracking & Invoicing. The actual, costs related to providing additional or special law enforcement services will be tracked through the COUNTY'S Financial System (currently referred to as "FIN") and reviewed prior to preparing a summary invoice.

COLINTY will send an invoice to CITY within 90 days of the conclusion of the work performed. A detailed listing of these charges will be kept on fìle at the COUNTY offrce and made available to CITY upon written request. These records will be maintained for a period of one year after the date of the original invoice.

D. Pavment Process. CITY payment for Additional or Supplemental Law Enforcement Services is due to the COUNTY within thirty (30) days of the date of the invoice. Payment will be made payable to: "Santa Barbara County Sheriffl' and mailed to: Santa Barbara County Sheriff Dept., Attention: Business Office, P.O. Box 6427, Santa Barbara, CA 93160-6427. If such payment is not delivered to the COUNTY office within thirty days after the date of the invoice, COUNTY is entitled to recover interest thereon. Said interest shall be assessed using the COUNTY'S pooled interest rate in effect at the time; it shall commence thirty (30) days after the date of the invoice and continue until such time as the payment is delivered to the COUNTY office described on said invoice.

4. Miscellaneous
A. Booking Fees. CITY will not be responsible for the payment of booking fees to COUNTY.

B. Third Party Reimbursements. CITY may seek direct reimbursement of Supplemental Law Enforcement Services from a third party when applicable. An example

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Carpinteria City CouncilOctober 10, 2022

Carpinteria City Council
October 10, 2022